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Annexure I MINUTES OF THE MEETING OF MPCB & MIDC OFFICERS HELD AT MIDC OFFICE, ANDHERI, MUMBAI ON 21.2.2005 Following Officers were present in the meeting

1. Shri. S.S. Dhote, Chief Engg. MIDC

2. Shri. R.M. Naikde, Dy. CEO (Env), MIDC

3. Dr. S.B. Katoley, Technical Adviser, MPCB

4. Shri. B.B. Nimbarte, R.O. (HQ) MPCB

5. Shri. S.B. Patil, Ex. Engineer, MIDC

6. Shri. Sonje, Ex. Engineer, MIDC

7. Shri. A.T. Furmali, SRO, MPCB

A meeting was held to discuss implementation of the directives of SCMC by

MIDC and to find out the current status of the implementation of those directives.

Dr. Katoley, Technical Adviser, MPCB while initiating the discussions,

mentioned that SCMC is of the opinion that although the MIDC has taken steps to

implement the directives of SCMC, MIDC is not adhering to the time schedules that

were given to implement the various directives and is lagging behind in compliance of

the directives. Removal of sludge from the collection sumps, removal of illegal

dumps in MIDC, construction of SLF at Tarapur, CETP at Tarapur, construction of

TSDFs at Butibori, Ranjangaon, Shendre, Mahad, removal of sludge from Mahad

collection sump and directives regarding M/s Raksha Chemicals and M/s. Mishal

Zinc at Lote Parshuram have not been complied within the time schedule.

Shri. S.B. Patil Ex. Engineer (Env), MIDC clarified that MIDC has already

removed illegal dumps from MIDC Roha, Badlapur, Ambernath, Taloja, Patalganga

and almost 90% from Dombivali MIDC areas. Now only TTC is left behind and this

work shall be completed by February 28, 2005. He furtherinformed that sludge from

first compartment of collection sump of CETP Roha is in progress and shall be

completed by 28th February, 2005. He further informed that the sludge from

collection pond at CETP Mahad has been mixed with saw dust and soil to make it

thick / partly dry and it would take one month for shifting this dried /thickened sludge

to MWML.

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MIDC officers also mentioned that the industries are discharging the sludge

with the effluents which results in sludge accumulation in the collection sump. Shri.

B.B. Nimbarte, R.O. (HQ) MPCB pointed out that MIDC should clean the sumps

completely & once they hand over the cleaned sump to Industries Association their

job of cleaning sumps again will not arise since it then becomes responsibility of the

Association. MIDC agreed to this point. It was discussed in the meeting and dicided

to issue letters to industrial associations, after MIDC completes the removal of the

sludge from the sumps, to take necessary steps not to discharge the sludge with the

effluent in to CETP and to keep strict vigil on illegal dumps to curb such practice and

if so to lift the waste illegally dumped in the areas and send it to TSDF at their cost.

MPCB officers mentioned that it is necessary for MIDC also to keep a vigilance so as

to avoid illegal dumping by the industries in MIDC areas, since the land belongs to

MIDC, they should protect it. On this MIDC agreed to constitute a local vigilance

committee for this purpose.

Shri. Fulmali, SRO, MPCB mentioned that sludge removal from collection

sump of RIA CETP has been stopped from 19.2.05 due to overflow of effluent from

2nd compartment into it since discharge is stopped on account of the leakage

observed in the discharge pipeline. MIDC officials agreed and inform that the work of

pipeline repairing is in progress and sludge removal will be completed by February

28,2005 and RIA shall be ask to take it in to operation and will be able to feed to bio-

digester as required.

Dr. Katoley appraised in the matter of the disposal of waste from Karnataka at the

closed unit of M/s Raksha Pharma at Mahad and mentioned that the matter has been

taken up with KSPCB. It was also mentioned that MIDC should take necessary

actions to stop such illegal dumping of the wastes from other states in the closed

units as land belongs to MIDC. He also enquired if the analysis report of the samples

taken in respect of the Raksha and Mishal Zinc were ready with MIDC. The

issue on the management of hazardous waste in closed industries was discussed in

detail. MIDC officials mentioned that Saraswat Co-operative Bank is the occupier of

closed Raksha Pharma. MPCB officials advised MIDC to send a communication to

the Bank detailing the liabilities regarding the wastes lying in the industry and also

give cost estimates on the disposal of hazardous waste from the said industry as

Bank is now occupier of the industry and also bring these issues to the notice of

SCMC. MIDC agrred to follow up the matter with the Bank and submit the report to

SCMC and MPCB, MIDC officials further informed that in case of Mishal Zinc at Lote-

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Parshuram, a show cause notice would be issued to the banks and to M/s Mishal

Zinc.

About Tarapur SLF development, MIDC official informed that one cell will be

ready before June, 2005. The Bid was opened today and lowest bidder was issued

letter and inviting for discussion. Since the SCMC has given time period up to 31st

March, 2005 to complete this work, MIDC was advised to approach SCMC to seek

additional time for this work.

Development of other landfill sites was also discussed in the meeting and MIDC

official informed that the procedure has been initiated in case of proposed TSDF site

at Butibori and Ranjangaon. Further he added that Mahad site has been dropped as

it falls within 250 kms distance from Taloja industria area and that no bidder is

responding for Shendre, Aurangabad TSDF.

Regarding the proposal received from Goa Government to develop a common

TSDF either at Lote or some suitable location in south Konkan, MIDC mentioned that

they are examining the proposal and shall revert back to MPCB on this issue.

MPCB also brought to the notice of MIDC non-compliance of various directives

and delays that have occurred in the compliance on several issued as reported by

MIDC themselves to SCMC. It was also advised to MIDC that they should report to

SCMC well in advance if the concerned directive cannot be implemented in time

frame given by SCMC. MIDC should seek further extension of time period, as

they find suitable, by submitting the progress achieved and necessary justifications

for additional time to complete the work to SCMC under intimation to MPCB.

It was agreed by MIDC officials that in future they shall keep the SCMC

informed about the delays in compliance and officially seek additional time from

SCMC.

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Annexure - II Report on Maharashtra Dr Claude Alvares April 27, 2005 To the Supreme Court Monitoring Committee I decided to visit Maharashtra again for the following investigations:

1) Inspection of work on CETP at Tarapur 2) Inspection of SLF in Tarapur MIDC 3) Inspection of waste oil situation at Nhava Sheva Port 4) After these inspections, I proceeded to Nagpur where the SCMC, now

comprising Dr S Devotta and Dr T Chakrabarti as well, had a meeting with stakeholders in the Butibori MIDC, in order to evaluate progress on the CETP and the TSDF.

This report deals with items 1, 2 and 4 above. The report dealing with the waste oil situation at Nhava Sheva Port (item 3) is provided separately. 1. CETP at Tarapur MIDC

1. We first visited the CETP being constructed. The 25 MLD plant is being erected by the Tarapur Environment Protection Society (TEPS) itself and costs around Rs.18 crores. The Tarapur Industries Association (TIMA) had been delaying the construction of the CETP under one pretext or another for several years. The SCMC took the unprecedented decision of ordering closure of the entire industrial estate last October. Only after this, TIMA took notice. Detailed directions were passed for erection of the CETP within a time bound period, that is, by May 31, 2005.

2. In January, when I visited the area, no work had yet commenced. So the

matter was raised at the SCMC meeting at Chennai where I pressed for closure of the estate. However, Dr Boralkar indicated that such drastic action may be withheld since work was going to start.

3. Sceptical, I informed Dr Boralkar that I would like to see the progress on my

visit to Maharashtra in April. He agreed to my request.

4. I therefore visited the Tarapur MIDC on April 10, 2005. I was pleasantly surprised to find more than 200 workers and heavy equipment busy at the site, despite it being a Sunday. I was able to discuss the progress in construction with the principal contractor (Aquachem Enviro Engineers) who had also erected the Lote Parshuram CETP. I was shown the overall plans and bar charts. I established from the contractor that there was no problem of finance. He stated with confidence that the primary processing section would be ready by May 31, and the secondary processing by September 30, 2005. The association pleaded for an extension of time from June 30 to September 30. Considering the overall progress at site, I recommend we agree to the request.

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5. The local persons from Tarapur villages are happy that the CETP is finally

under construction. The commissioning of the plant will bring to an end endless agitations and Assembly calling attention motions. With its completion, Maharashtra’s worst industrial estate will have mended its ways.

6. I intend to visit again on May 31, if possible, to ensure that the primary

processing section is complete by that date as promised.

7. If the full plant is not ready by September 30, 2005, SCMC may consider penalties for every day in delay in completion.

8. I checked with the MIDC on the channels for conveyance of effluent to the

CETP sump and was assured that these were in place and that there would be enough effluent to allow for operation and testing of the primary section in June itself. TIMA agreed that the physical situation on the ground was as disclosed by the MIDC.

2. Inspection of SLF in Tarapur MIDC Earlier visits to Tarapur had established that a huge volume of hazardous wastes had been dumped by industries all over the estate. (These details can be found in earlier SCMC reports on Maharashtra. Some of the pictures of the scenes of hazardous waste dumping at Tarapur can be found at the SCMC website: www.scmc.info.) After the SCMC issued the necessary directions, the MIDC and the TIMA agreed to set up an SLF for effective encapsulation within the estate of the hazardous wastes accumulated over several years and to share the costs of the project. NEERI was asked to design the SLF for this specific purpose. However, despite urgings, the TIMA has been reluctant to bring up the money for the project (though MIDC has already taken a decision to release its 50% share of the cost). TIMA was not paying on the grounds that some of the waste had been dumped by industries over several years and some of the units had in fact shut down. Since TIMA was not releasing its share of the money, MIDC was not releasing the work order. After a meeting of all stake-holders in Tarapur on April 10, TIMA agreed to release a sum of Rs.41 lakhs they had already collected, to MIDC in a week. The organization also agreed to hand over Rs.1 crore to the MIDC by the end of April 30 and the final installment of Rs.1 crore by the 15th of May. TIMA requested they be allowed to petition the MIDC to absorb the costs of the SLF or at least reduce the share of the industry. SCMC has nothing to do with this petition since it is a matter that is strictly between the MIDC and the TIMA. Thereafter, MIDC agreed to release the work order forthwith. The work of construction of the SLF is being carried out by Ramky Engineers. They have promised to have the work completed by May 31, 2005. We thereafter visited the site and inspected the preliminary bore holes that have been dug by Ramky engineers to examine the soil profile and the depth of hazardous wastes dumped at the proposed SLF site. We also examined the plans and the bar charts for construction. We hope that the contractor who is experienced and has the necessary equipment to deploy at site will complete the work on schedule.

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Hazardous waste dumping, however, continues in the Tarapur estate: After these agreements between TIMA and MIDC, social activists from the villages surrounding Tarapur insisted on showing me areas within the estate where hazardous waste was still being illegally dumped by the industrial units located within the estate. During the inspection, we were indeed shown large scale fresh dumping of hazardous wastes within the estate. Members of TIMA were invited to inspect the site. I have taken pictures as well. This appears to be second generation waste. This situation can no longer be tolerated. The Supreme Court order dated 14.10.2003 requires that the units responsible or involved be closed ‘forthwith’. MPCB was therefore directed to take steps to close down all those industries (between 8-12?) whose hazardous wastes in normal course resemble the wastes found dumped illegally within the estate on 10 April 2005. The organization was asked to seek the assistance of the Mumbai Waste Management Ltd at Taloja to fingerprint the wastes as well. After closure, each of these units may be reopened one by one, but only after the Board has completed a thorough investigation and is satisfied that the unit concerned was not involved in the case of illegal dumping discovered by the SCMC. In the meanwhile, a collective fine may be levied against the TIMA under section 16 (3) of the Hazardous Waste Rules, 1989 for the offence. The fine would be used to defray the costs of transfer of the illegally dumped waste to a safe disposal site. LAEC, Tarapur may be expanded by bringing in activists from the villages surrounding the estate, so that the MPCB is assisted in identifying culprits involved in future dumping of such wastes. It has been reported to the SCMC that even after the full clean-up of illegal waste dumps in MIDC, Dombivli, new hazardous wastes have been dumped in the area by some of the unscrupulous industrial units. In such circumstances, we have no alternative but to levy a collective fine against the entire Dombivli industrial estate and its members under Section 16 (3) of the Hazardous Waste Rules, 1989. Only penalties of this kind, provided for under the Rules, will enable us to control this extraordinary disease. The hazardous wastes dumped over the years at Tarapur especially have contaminated the ground water of the villages in the vicinity of the plant. MPCB is therefore directed to take samples of the water in the adjoining villages and to report on its potability. If the water has indeed been contaminated, SCMC will have no hesitation in directing delivery of safe water supplies at the expense of the polluter. One important observation about MIDC, Tarapur needs to be made before parting with this issue, and this concerns the overall impression one gets when moving

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through the estate. From the debris, excavations, litter and dirt spread through the length and breadth of the estate, it appears as if the area is part of a war zone.. (This is also the impression one gets when visiting some of the other industrial estates in Maharashtra.) The MIDC should have officers on its staff who are experienced in landscaping and overall aesthetic maintenance of each industrial estate. This is, after all, land within the overall control of a public organization. There is a public duty cast on organizations under the doctrine of public trust enunciated by the Supreme Court in several judgements. In light of the above, MIDC is directed to prepare an overall plan for the beautification of Tarapur industrial estate in association with TIMA. Water requirements for the beautification can be taken from the wastewater (25 mld) of the new CETP which will meet EPA norms of discharge. Each industrial unit may be asked to beautify a portion of the road in front and alongside the unit at its own cost. The exercise can be replicated at other MIDC estates as well. April 12, 2005. Butibori, Nagpur Butibori CETP: Dr Devotta, Dr Chakrabarti and I visited the Butibori MIDC industrial estate on 12 April 2005. On the agenda was the delayed construction of the CETP and the proposals for a TSDF for the region. We were extremely disappointed with the state of affairs. Dr Devotta was disturbed enough to demand another visit of the SCMC to the estate by mid-May, 2005. Dr Boralkar will attend that meeting. None of the stakeholders (including members of the Butibori Manufacturers Association) had any idea of the total effluent that would be processed at the CETP. Though the water requirement within the estate was shown to be in the region of nearly 8 mld, the CETP was being constructed for a throughput of only 5 mld. It appears that there was even a doubt being expressed whether the industrial estate required a CETP at all. We visited the site of the proposed CETP and found the incomplete structures of the earlier work carried out on the CETP by MIDC and which had reportedly cost the organisation some Rs.2.5 crores. We found no workers at the site, no plans or designs. It appears the agreement between the CETP operator and the association was still not signed. I think the MPCB should inform the association of our firm conviction that a CETP is required for the estate. We will also brook no delay in the matter. We want that CETP up and running latest by September 30, 2005. There is no reason why Butibori should be placed on a separate footing from other industrial estates. If Tarapur can put up a 25 mld plant in six months, Butibori can put up a 5 or 6 mld plant in a shorter period of time.

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We concluded the meeting by inviting the industrialists to take the matter seriously and if necessary to visit NEERI if they required technical assistance to resolve their issues. NEERI stated they would not like to enter as a consultant but only to provide some superficial advisory role (without any finance) to meet SCMC’s directives. Butibori TSDF: The TSDF appears to be on better footing (at the moment). After the EIA is ready and public hearing is conducted in the month of May, the site can be notified. We have been told the SLF will be ready at least by December 2005. The operator has been identified, though he appears to be worried that adequate wastes may not reach his site and this might affect its economic viability. MPCB is requested to keep the Member Secretary, SCMC, posted on the progress of the TSDF at Butibori and to inform the Committee of any fresh obstacles in its commencement and completion. (Dr Claude Alvares) (for Tarapur and Butibori) (Dr S. Devotta) (for Butibori)

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Annexure - III MINUTES OF THE MEETING HELD AT JAWAHARLAL NEHRU CUSTOM HOUSE UNDER THE CHAIRMANSHIP OF DR. CLAUDE ALVARES, MEMBER, SCMC ON 11-04-2005. Dr. Claude Alvares, Member SCMC, had convened a meeting of the heads of all the Container Freight Stations operating under the jurisdiction of the Jawaharlal Nehru Port. The meeting was held in the Jawaharlal Nehru Custom House and the following members participated in the meeting; 1. Dr. Claude Alvares : Member, SCMC 2. Shri Joseph Dominic : Chief Commissioner of Customs, Zone-II 3. Shri. Najib Shah : Commissioner of Customs (Imports) JNCH 4. Dr.K.N. Raghavan : Addl. Commissioner of Customs, JNCH 5. Shri. Bharat Nimbarte : RO (HQ), MPCB 6. Dr. S.B.Katoley : Tech. Advisor, MPCB 7. Shri V.V. Shinde : SRO, MPCB 8. Shri Amrinder Singh : Sr.Executive, Punjab Conware 9. Shri Sukhbir Singh : A.M.Punjab Conware 10. Shri Subhash Chandra : Manager, Punjab Conware 11. Shri M.P.Chimote : JNPT 12. Shri D.S. Garde : JNPT 13. Shri A.K.Sen : JNPT 14. Shri A.K. Dubey : Manager CWC, Sheva 15. Shri Brij : CWC 16. Shri M.Mohan Rao : CWC 17. Shri Tarkeshwar Gogala : GDL 18. Shri R.C.Sharma : Maersk CFS 19. Shri Arun Adak : Maersk CFS 20. Shri Harish Dharnia : Appraiser, Customs. Shri Najib Shah, Commissioner of Customs (Import) welcomed all the members to the meeting and apprised them of the agenda which was to discuss and deliberate upon the order of the Supreme Court, the manner of handling and disposal of hazardous waste. He also requested all the members to put forth any problem faced by the custodians in this regard to Dr. Claude Alvares for immediate guidance. Dr. Claude Alvares then addressed all the members. First he made a reference to the order of the Hon’ble Supreme Court dated 05-01-2005 in respect of 133 containers of Furnace Oil which were under Customs seizure. Dr. Alvares intimated the members about his visit to Punjab Conware and CWC CFS in the morning to see the condition of the destuffed cargo. He impressed upon the members regarding the urgency that was required to be exhibited in respect of compliance of the Supreme Court order. He stated that the custodians were required to work out the cost of handling and transportation of the cargo to the Taloja Incinerator and that the court would be requested to reimburse the same to the custodians. Dr. Alvares expressed anguish at the tardy state of preparedness of the various custodians towards compliance of the orders of the Hon’ble Supreme Court in respect of the 133 containers even after a lapse of several months since the order was pronounced by the Court. He further expressed that either the Supreme Court would be informed about the state of unpreparedness of the custodians and thereby

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fix responsibility or the SCMC was inclined to give one more chance so that the hazardous oil could be removed to the incinerator before the onset of monsoon. He further advised the members of all the Container Freight Stations to jointly chalk out a plan to move the oil in drums which are destuffed to the incinerator. Dr. Alvares further set a deadline of 14th April, 2005 by which time all the custodians are required to put an effective plan on record and intimate the SCMC regarding the same. Thereafter, by 20th April, the oil lying in the open is required to be removed to the incinerator. Thereafter, the contaminated soil would also be required to be scraped and sent to Taloja for de-contamination or disposal. He further impressed upon all the members that in case these directions were not complied with the Committee would be constrained to levy penalty on the custodians under the relevant rules. Dr. Alvares stated that the Committee would work under the Chairmanship of Commissioner (Imports) and besides outlining the procedure, precaution shall also be taken that the entire operation is carried out in a very safe and environment friendly manner and that in this regard the services of experts from specialized organizations like IOC, MPCB, etc. may be solicited as and when felt necessary. This Committee shall also report regularly about the development in the matter. The following are the members of the Committee; 1. Shri. R.C. Sharma : Maersk CFS 2. Shri. Subhash Chandra : Punjab Conware CFS 3. Shri. D.S. Garde : JNPT 4. Shri. A.K. Dubey : CWC 5. Shri. Tarkeshwar Gogula : GDL Dr. Claude Alvares also emphasized that all the destuffed cargo, including that which was not under Customs seizure (209 containers) should also be shifted to Taloja where it shall be kept safely till the orders of the Supreme Court were obtained with regard to these consignments. He further emphasized that Containerised cargo could be shifted to Taloja at a later date. He informed that he and Officers from MPCB were visiting Taloja to co-ordinate the movement, storage and destruction of the hazardous oil there. Dr. Alvares further observed that a lot of hazardous waste other than oil was also lying at the warehouses. He stressed that in this regard the Wadhwan Committee had already visited the Port and in respect of which orders are already been given. He expressed surprise at the fact that such cargo was still lying unreported. He directed the custodians to prepare a list of such cargo and to forward it to the SCMC for its examination and further directions. Dr. Alvares also informed the members that a regional Office of MPCB would soon be functional in the Port area for extending help and guidance to various agencies and that the custodians should familiarize themselves with all the aspects of waste management, more so, as no action has been taken for years. Dr. Alvares requested JNPT to provide details about the waste (Sludge oil) generated during the course of the running of vessels and which was offloaded by the various vessels calling at JNPT and discharging such waste here under the MARPOL convention. As the matter was handled by the Marine Department of JNPT, and since they were not present, the other members from JNPT were directed to convey the same to the Marine Department to provide the various details of such oil offloaded at JNPT during the last two years. Commissioner of Customs summarized the discussion that had taken place and directed that all the movement of hazardous waste to Taloja shall be adequately covered by all documentations in accordance with Rule 9 (a) of Hazardous Waste Rules. In the end, JNPT officials produced details of 13 containers of metallic waste and solicited directions from the SCMC in respect of their disposal. Dr. Alvares

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requested them to forward all the details to the Supreme Court Monitoring Committee which will take all the factors into account and issue proper orders. The meeting concluded with a vote of thanks from the Commissioner of Customs. (DR.K.N. RAGHAVAN) ADDL COMMISSIONER OF CUSTOMS

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Annexure IV

Manohar Parrikar CHIEF MINISTER

GOA

D.O. NO. 10/2/02-PCB/Vol.III/3692 June 25,2004

Dear Shindeji,

I understand that a discussion was held by the Chairman and Member

Secretary, Goa State Pollution Control Board with Dr. D.B. Boralkar, Member

Secretary, Maharashtra Pollution Control Board for having a common land fill site for

Goa and Southern Maharashtra in an area named Lote Parshuram, Chiplun,

Southern Maharashtra.

Since, Goa does not have a large amount of hazardous waste generated by

the factories which is to be used for land fill, it is advisable to have a common land fill

site for the two states in the above mentioned area in Southern Maharashtra.

The Government of Maharashtra may kindly gree to this proposal and the

modalities of the expenditure in this connection may be communicated to us.

With warm regards,

Yours sincerely,

Sd/-

(Manohar Parrikar)

Shri. Sushilkumar Shinde, Chief Minister, Government of Maharashtra, Mantralaya, Mumbai.

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Annexure – V

No. of Industries to whom Directions issued for payment of fine & actual amount received under the provisions of the Hazardous

Waste (M & H) Rules, 1989. upto 30/4/2005

Sr. No. Name of the Industry Directions No. & Date Amt

(Rs.) Sent to A/c's Br.

1

M/s IPC Ltd., MGCC Division, P.O. Petrochemicals, Township, Dist-

Raigad

WP/Legal(LW)/B-1333 Dtd. 18/6/2004

1650000

D.D.No.122370 dtd.01/07/2004 Sent to A/c's Br. Vide letter dtd.

1/7/2004

2

M/s Cummins India Ltd., 594, Dahanukar Colony, Kothrud,

Pune - 411 038

WP/Legal(LW)B-/1827 Dtd. 14/07/2004

24000

D.D.No.001041 Dtd. 28/07/2004 sent to A/c's Br. vide letter dtd.

2/8/2004

3

M/s Sadhana Nitrochem Ltd., 47, MIDC,Roha Dist-Raigad

WP/Legal(LW)/B-1332 dtd. 18/06/2004

12000

D.D.No.869076 dtd. 25.6.2004

sent to A/c's Br. Vide l.dtd.3/7/04

4

M/s Tasc Pharmaceuticals Ltd., D -10, MIDC, Kurkumbh, Tal. - Daund,

Dist- Pune

WP/Legal(LW)/B-5109 dtd. 01/01/2005

75000

D.D. No.042100 dtd. 11.01.2005 sent to A/c's Br.

vide l. dtd. 19.1.05

5

M/s Thyssenkrupp Electrical Steel (I) Pvt. Ltd., (Formerly EBG India

Pvt. Ltd.), Gonde Village, Wadivarle, Tal. Igatpuri, Dist -

Nashik

WP/Legal(LW)/B- 1280 dd. 16.6.2004

WP/Legal(LW)/B- 432 dtd. 25.1.2005

187500

WP/Legal(LW)/B- 688/10.2.2005

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M/s Everest Industries Ltd., 152, Lakhampur, Dindori, Nashik

WP/Legal (LW)/B-217 dtd. 13.4.2004

(Show Cause Notice)

300000

WP/Legal(LW)/B-977 dtd. 25.2.2005

TOTAL 2248500

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Annexure – VI

Maharashtra Pollution Control Board Regional Office Thane

Phone : 25829582 Office Complex Bldg, Plot No.P-30 25802272 5th Floor, Near Mulund Check Naka Telefax : 25805398 Wagle Estate, Thane – 400 604. E-mail : mpcb @ vsnl.net Website : http:/mpcb.mah.nic.in MPC/ROT/Tarapur/SC-425 Date : 3.2.2005 To, List enclosed Sub. : Show Cause Notice for non-compliance of the Supreme Court Monitoring Committee directions regarding 'Provisions of New CETP at Tarapur Industrial Area'. Ref. : 1. Directions given by SCMC during visit on 6.6.2004 2. Submissions and assurances given by TIMA/TEPS Regarding privisions of CETP 3. SCMC meeting held on 11.1.2005. ……… WHEREAS, Supreme Court Monitoring Committee in the matter of Civil Writ Petition No. 657 of 1995, during its visit to Tarapur Industrial area on 6.6.2004, has directed that a new CETP for the entire quantity of industrial effluent generated in Tarapur Industrial area shall be provided and commissioned before 31.5.2005. WHEREAS, TIMA/TEPS on behalf of all the industries in the Tarapur Industrial area have assured SCMC and MPCB about the timely compliance of the directions issued by SCMC for provision of CETP in the area. WHEREAS, during the SCMC meeting held on 11.1.2005, SCMC has expressed its displeasure about the inordinate delay in start of the work of new CETP and directed TIMA/TEPS to start the work of CETP by 31.1.2005, WHEREAS, SCMC has also mentioned that in case of failure to do so, the entire industrial area will closed till further order. WHEREAS, the said matter has been reviewed by SCMC in its meeting held at Chennai on 2.2.2005, wherein SCMC has expressed its great displeasure and dismay at the continuous non-compliance of the directions by the industries at Tarapur regarding 'provisions of CETP, as the work was not started by 31.1.2005, as committed. AND THEREFORE, I am directed by the Supreme Court Monitoring Committee to issue you a Show Cause as to why proceedings for the contempt of

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SCMC directions shall also not be initiated against you. Your reply to this Show Cause, if any, shall reach to this office within seven days. This is issued with approval of Member Secretary. Sd/- (Ajay A. Deshpande) Regional Officer – Thane Copy submitted to :

1. Member Secretary, MPCBoard, Mumbai 2. W.P.A.E./R.O.(HQ)/S.L.O.(LW), M.P.C.B., Mumbai.

Copy to : Sub-Regional Officer, Tarapur – I, M.P.C.B., Tarapur.

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Annexure - VII

List of Industries to whom Proposed Directions have been issued

Sr. No Name of the Industries Date of Directions issued

1 M/s Mangalam Drugs and Organics Ltd Sangamner Indl. Estate, Sangamner, Dist: Ahemadnagar

16.02.2005

2 M/s Standard Alkali (Chemical; Division), TTC, MIDC, navi Mumbai 16.03.2005

3 M/s Vishuddha Rasayanee Pvt. Ltd, Rabgaon, Sudhagad, Dist- Raigad 29.03.2005

4 M/s Schetantady Herdilia Ltd MIDC, Lote Parshuram Dist-Ratnagiri

30.04.2005

5 M/s. Shreyas Intemediates MIDC, Lote Parshuram,Ratnagiri 30.04.2005

6 M/s Swastic industries, MIDC, Lote Parshuram 30.04.2005

7 M/s Deepak Colour Chem MIDC,Lote Parshuram 30.04.2005

8 M/s Konkan Synthetics C-7, MIDC, Lote Parshuram 30.04.2005

9 M/s Filtra Speciality Catalysts MIDC, Lote Parshuram 30.04.2005

10 M/s Rencal industries MIDC, Lote Parshuram 30.04.2005

11 M/s Riverside Industries MIDC, Lote Parshuram 30.04.2005

12 M/s CETP MIDC, Lote Parshuram 30.04.2005

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Annexure - VIII No. WP/Legal(LW)/B- 2225 Date :03/05/2005 To, The Regional Officer – Mumbai / Navi Mumbai / Kalyan / Raigad / Nagpur / Amravati / Thane / Nashik / Pune / Aurangabad / Kolhapur. CIRCULAR

Sub. :- Proper disposal of sludge dried into Sludge Drying Beds by various industries generating hazardous waste.

……. The Board has issued Show Cause Notices / Directions imposing fine on various industries generating hazardous waste and storing it in contravention of the Guidelines issued by the Central Pollution Control Board / M.o.E.F., thereby causing pollution of the Environment by not sending it regularly to CHWTSDF. After issuance of Show Cause Notices / Directions, the replies are received from a number of defaulting industries stating that the ETP sludge is stored in sludge drying beds as per consent conditions and therefore, no further action shall be initiated for recovery of fine against them. After going through the verification report received from various Regional Officers in respect of the Show Cause Notices / Directions, it has been observed that huge quantity of ETP sludge is reported to be stored in the Sludge Drying Beds without giving the details about adequacy of the space in the Sludge Drying Beds and whether Sludge Drying Beds are adequate and suitable for storage of ETP sludge ? It is also not known from the reporting as to whether after the sludge is dried up is being further disposed of in scientific manner or not? All the Regional Officers are therefore directed to issue necessary directions to the industries in compliance of the order passed by Hon'ble Supreme Court of India in the Writ Petition No. 657 / 95 dtd. 14/10/2003 to strengthen the Sludge Drying Beds properly and to ensure that the ETP sludge is disposed off in Sludge Drying Beds as per its capacity and after the weight sludge is dried up & is further disposed off in scientific manner, so as not to cause any environmental hazards / degradation. They are also directed to take review of all the show cause notices / directions issued for imposing fine in their jurisdiction to find out the compliance of the above circular and submit the information to the Board office under intimation to this office and Technical Advisor for ATR. The Regional Officers are also directed to issue appropriate directions to the industries having storage of hazardous waste less than 10 MT more than 90 days to be send to CHWTSDF immediately, so as to avoid violation of Guidelines issued by the C.P.C.B./ M.o.E.F. ( D.B. Boralkar ) Member Secretary Copy to : Technical Advisor, MPCB, Mumbai – for information

18

Annexure – IX

Maharashtra Industrial development Corporation (A Government of Maharashtra Undertaking)

No. MIDC/ENV/936 "Udyog Sarathi" Mahakali Caves Road, Andheri (East), Mumbai – 400 093. Date : 14.3.2005 C I R C U L A R Sub:- Illegal dumping of Hazardous Waste in MIDC Industria Areas. As per the directives of Supreme Court Monitoring Committee (SCMC), MIDC has recently cleaned the illegally dumped hazardous waste by industries in Chemical Industrial Areas of MIDC and disposed off the same to Comprehensive Hazardous Waste Treatment, Storage & Disposal Facility (CHWTSDF) at Taloja. However, it is observed that the illegal dumping of hazardous waste is still continued by some of the mischievous industries in MIDC Industrial Area. Though the implementation and enforcement of The Hazardous Waste (Management & Handling) Rules, 1989 as amended 2003 is done by Maharashtra Pollution Control Board, MIDC being the occupier of the Industrial Areas, it is necessary to keep MIDC industrial areas clean & neat and free from illegal hazardous waste dumping, etc. MIDC is unnecessarily blamed for pollution problems and has to face outcry of people, local complaints, LAQ, Public Interest Litigations etc. Therefore Dy. Engineers, Ex. Engineers and Regional Officers are hereby instructed to ensure that no such illegal dumping of hazardous waste takes place further in MIDC industrial areas. If any body found dumping hazardous waste in MIDC industrial details like vehicle number, name of person/s, name of company etc. & the incidence shall be also brought to the notice of Maharashtra Pollution Control Board. MIDC water supply of such mischievous industry shall be disconnected immediately and it shall not be restored till the permission from Head Quarter Office.

Sd/-

(Satish M. Gavai) Chief Executive Officer Copy to : 1. All Heads of Departments, MIDC. Copy to : 1. All Superintending Engineers, MIDC.

2. All Executive Engineers, MIDC. 3. All Regional Officers, MIDC. 4. All Dy. Engineers, MIDC.

19

Annexure – X

Status on removal of sludge from CETP sumps in MIDC areas

Sr. No

Name of Industrial

Area

Approx. Qty. H.W.

(MT)

Time limit given by SCMC

Work Completed/to be completed by

Present Status

1. Mahad 3500 MT

(Dry basis)

October 2004

Started & to be completed by May 2005 end

(1) Removed sludge from sump. (2) Work order issued to MWML,

Taloja. Transportation to TSDF Taloja started and it is proposed to complete the work before onset of monsoon.

(3) Sump is utilized by CETP since June 2003. It is now part of CETP unit operation

2. TTC (‘R’ Block)

25 MT April 2005 March 2005 MIDC removed sludge & transported to TSDF, Taloja in March 2005.

3. TTC (‘C’ & ‘D’ block)

Sump is in possession of CETP (TB) Association since January 1998. It is now part of CETP unit operation. CETP (TB) Association is now sending waste to TTCWMA.

4. Roha 1600 MT April 2005 To be completed by May 2005 end

(1) All Sludge removal operations completed by MIDC in 1st week of May 2005. (2) First compartment was handed over to CETP Society in March 2005 and second compartment in 1st week of May 2005 for further O&M. (3) Now henceforth it will be responsibility of CETP Association.

5. Taloja Sump is in possession of CETP Taloja Co. Op Soc. Ltd. since March 1999.It is now part of CETP unit operation.

6. Badlapur

Sump is in possession of CETP Badlapur Co.Op Soc. Ltd. It is now part of CETP unit operation since June 2004.

7. Ambernath NIL

No Sludge. CETP in Addl. Ambernath is yet to commission for want of effluent.

8. Dombivali (I & II)

CETP Society utilizes sump. MIDC informed KAMA in March2005 to remove sludge and send it to TSDF.

9. Patalganga

Sump after removal sludge is in possession of CETP Association since last two years. It is now part of CETP unit operation.

10. Lote-Parshuram

April 2005 May 2003. (1) The operations of removal & transportation of sludge from collection sump to TSDF Taloja were completed in May 2003.

(2) From 3rd June 2003 CETP Co.Op utilizes sump.

(3) MIDC informed CETP Association vide letter No. EE (Env.)/CPN/799 of 2003, dated 13.06.2003 that the collection sump (‘C’) has now become part and parcel of CETP, therefore, in future MIDC will not carry out any desludging work.

20

Annexure – XI No. MIDC/Env. /1163 05 Date: - 26/04/2005 To

Dr. D. B. Boralkar Member Secretary, MPCB, Kalpataru Point, 3rd & 4th Floor, Opp. Cineplanet, Near Sion Circle, Sion East, Mumbai 400 022. Sub: -Follow-up Actions by MIDC on the Supreme

Court Monitoring Committees Directions. Ref:- Your office letter No. MPCB/TAIRO(HQ)/B-1806/ 2005 dated 07.04.05

Dear Sir, The detailed information on the actions taken by MIDC on Directions of the

SCMC is furnished here below for perusal & information please.

(I) Shifting of Illegal Hazardous Waste (i) Work Order No. HWM/ 01 of 2004 was placed with Mumbai Waste

Management Limited to lift & dispose off illegal hazardous waste to TSDF at

Taloja.

(ii) MWML had started lifting and disposing off the illegal hazardous waste

dumped by industries inside MIDC area to TSDF at Taloja from 10th January

2005 and all areas i.e. Ambernath, Patalganga Badlapur, Roha, Dombivali, Taloja & TTC has been completed in all respect.

(iii) The areawise quantity of hazardous waste lifted and disposed off at Taloja

TSDF is as follows.

Sr.No.

MIDC Industrial Area

Quantity of HW lifted & Shifted to TSDF Taloja (Quantity in MT)

Remarks

1 Dombivli 1403.515 2 Ambernath 72.137 3 TTC 432.10 4 Taloja 177.61 5 Roha No HW Waste 6 Patalganga No HW Waste 7 Badlapur No HW Waste Total 2085.595 MT

Site clearance certificate of concerned Industries Association, MPCB, MIDC & MWML officials is enclosed.

(iv) A joint inspection report of concerned Industries Association, MPCB, MIDC &

MWML officials about cleaning of MIDC industrial area is enclosed (Annexure-I).

21

(v) In order to avoid further dumping of illegal hazardous waste in MIDC areas,

MPCB is requested to please issue directions to all concerned Industries Association

for fixing responsibility on them.

(vi) MIDC has also issued a Circular vide No. MIDC/Env/936 dt. 14th March 2005 for

disconnection of water supply of the industry/ies dumping hazardous waste illegally

in MIDC areas. (Annexure.II) (II) Removal of settled sludge in MIDC collection sumps & its disposal to

TSDF: - (i) In principle approval for Rs.1.19 Crores for removal of sludges in various

collection sumps obtained from competent authority of MIDC in June 2004.

(ii)Tender for removal of sludge at TTC, Roha, and Tarapur from collection

sump finalized and work order issued.

(iii)The sludge removal operation at TTC & Roha MIDC area completed and

Tarapur is in progress. The removed sludge from Roha, after sun drying will

be sent to TSDF, Taloja, before on set of monsoon.

(iv)The operations are expected to be completed by 31th May 2005. (III) Lifting and Disposal of sludge removed from Mahad MIDC Collection sump and Hazardous Waste from M/s. Mahesh Chemicals & M/s. Raksha Pharmaceuticals.

(1)Approval for Rs. 67.91 Lakhs for lifting, transportation and disposal of

sludge from MIDC collection sump and hazardous waste lying in the closed

units of M/s. Mahesh Chemicals Ltd. & M/s. Raksha Pharmaceuticals to

TSDF Taloja obtained from competent authority.

(2) Lifting of sludge and hazardous waste as referred above is to be started

from 2nd May 2005 and will be completed by 31st May 2005, i.e. before on set

of monsoon.

(3) As per SCMC directions, MIDC has issued Show Cause Notice to M/s.

Mahesh Chemicals Ltd. & M/s. Raksha Pharmaceuticals vide letter No.

MIDC/ROM/MHD/E-2 & E-3/622, dated 07.04.2005 & No.

MIDC/ROM/MHD/E-24/2/621 Dated 07.04.2005. respectively. The copies of

Show Cause Notice issued by MIDC is enclosed as Annexure-III.

22

(4) MPCB is also requested to issue directions to M/s. Raksha Pharmaceuticals for stopping the transportation & dumping of illegal

hazardous waste from their Karnataka Factory to Mahad. Now this unit has

been taken over by Saraswat Co-Op Bank Ltd.

(IV) To erect boards warning industrial units not to dump waste:-

Compiled by MIDC. (V) Construction of Secured engineered Landfill of 1.5-lakh ton capacity for illegal hazardous waste dump in MIDC Tarapur Area.

(i) ADP proposal costing Rs. 747.80 lakhs for 1.5 lakh MT Capacity was

processed for approval of competent authority.

(ii) MIDC Board accorded its sanction to the ADP on 2.8.2004. Public Tender

Notice floated on 14th August 2004 in Financial Express & Economics Times.

(iii) Approval to secured engineered H. W. land fill received on 8.11.2004 from

MPCB.

(iv) The work order is issued to M/s. Ramkay Infrastructure Ltd. The

construction work at Tarapur site has been started from 7th April 2005. A bar

chart showing various activities and tentative date of completion is enclosed

for information please. (Annexure IV)

(v) TIMA was informed by MIDC to deposit 50% capital cost of secured landfill

to MIDC before 31st July 2004. However TIMA has failed to remit necessary

amount to MIDC.SCMC during their visit to Tarapur MIDC area on dt. 10th

April 2005 instructed to deposit necessary contribution to MIDC in a weeks

time. TIMA has also failed this dead line. Therefore MPCB is requested to issue closure directions to defaulter units

(VI) Construction of CETP at MIDC Tarapur:- (a) TIMA at their own selected their own JVP contractor for construction of CETP.

The work of CETP is in progress. Role of MIDC in the CETP is Facilitator only.

(VII) Issue of TSDF Notification for proposed sites at Mahad, Butibori (Nagpur),

Ranjangaon (Pune) & Shendre (Aurangabad):-

23

The detail efforts taken by MIDC on setting up of TSDF in Maharashtra is

as below:-

(A) TSDF Taloja: - MIDC allotted 100 acres of land and the necessary site notification has been issued by MIDC after the public hearing. The TSDF for secured engineered landfill for 1,20,000 MT capacity first cell had been commissioned in November 2002 and the Incinerator is commissioned in December 2004.MIDC has sanctioned Rs. 10.00 Crores as subsidy to this project from its own funds. (B)TSDF by Thane Belapur (TTCWMA) - MIDC has allotted 17.5 acres of land and the necessary site notification had been issued. The TSDF for secured engineered landfill for 10,000 MT capacity first cell had been commissioned in January 2004. MIDC has sanctioned Rs. 154.00 Lakhs as subsidy to this project from its own funds. (C) TSDF at Butibori (Ngpur) & TSDF at Ranjangaon -The letter of Award for Butibori TSDF has been issued in June 2004. The EIA of site is been carried out through Regional Research Laboratory, Govt. of India by the agency. After completing Rapid EIA & public hearing, the site notification will be issued accordingly. MIDC has earmarked 30 hect. of land for TSDF. The final allotment of land will be done after successful completion of public hearing. (D) TSDF at Mahad & Shendre -For Mahad & Shendre, RFP were

Invited. However there is no much response to RFP. After discussions with Expert

Committee final decision will be taken shortly.

(VIII) Shifting of Zinc Ash from the plot of M/s. Mishal Zinc Limited, Lote, MIDC.

(1) About 35000 MT Zinc Ash (raw material), MIDC shall sent it to another

industry processing zinc ash or sent to Taloja, TSDF, and locate the owner,

take over the premises and dismantle the entire structure. MPCB shall assist

MIDC in operations.

(2) As per SCMC directions Show Cause Notices were issued for termination

of land lease agreement upon M/s. Indo Deutsche Metallo Chemique Ltd. Plot

No. C-41 & M/s. Mishal Zinc Industries Pvt. Ltd., Plot No. C-42 vide letter No.

MIDC/ROR/LTP/554/05 & No. MIDC/ROR/LTP/555/05 dated 23.02.2005

respectively. The office of the Tax Recovery Officer, Ratnagari has issued

Order of Attachment of Immovable Property on the unit on 05/01/2005. Dena

Bank has informed that the property on Plot No. C-41 is in possession of the

24

Court Receiver appointed by Patna Court & hence requested not to take any

further steps as the matter is sub-judice. The copies of Show Cause Notices

issued by MIDC & reply received from SBI & Dena Bank is enclosed for

perusal and further guidance to MIDC please. (Annexure-V) A similarity the

analysis of Zinc Ash from above premises use carried out from M/s. Mumbai

Waste Management Ltd. A copy of analized report is enclosed for your

information please. (Annexure-VI)

From above you will appreciate that MIDC has made its all-sincere efforts for

compliance of SCMC directives from time to time.

Thanking You, Sir

Yours Faithfully

(R. M. Naikade) Dy. Chief Executive Officer Copy Submitted to Chief Executive Officer, MIDC (HQ), Andheri Copy fwc to (i) Chief Engineer, MIDC (HQ), Andheri.

25

Annexure - XII Maharashtra Industrial development Corporation

(A Government of Maharashtra Undertaking) Phone No. 02352-228801 No. MIDC/ROR/LTP/565/05 Office of the Regional Officer,

M.I.D.C., Near J.K. Files Co., Mirjole Industrial Area, Ratnagiri – 415 639

Date : 23/02/2005 SHOW CAUSE NOTICE To, Shri. Kiran M. Mehata M/s MISHAL Z inc Industries Pvt. Ltd. Plot No. C-42, Lote Parshuram Industrial Area, MIDC Lote, Tal.- Khed, Dist- Ratnagiri

Sub. :- Termination of Land Lease Agreement dtd. 18/7/1998 for Plot No. C-42 at Lote, MIDC Area and disposal of Zinc ash to TSDF Taloja / to another industry which is processing Zinc Ash, as per the directions of Supreme Court Monitoring Committee. Ref. :- 1. Supreme Court Monitoring Committee Visit to your factory at Plot No. C-42, on 8th June, 2004 and subsequent directions Issued vide SCMC Report dtd 8th June, 2004. 2. Executive Engineer, MIDC, Chiplun letter No. EE/CPN/1080/ 2004 dtd. 26.7.2004. 3. MPCB letter No. MPCB.MS/04/75 dtd. 18/6/2004 addressed to MIDC.

4. SCMC visit to your unit at Plot No. C-42 on date 24.10.2004.

WHEREAS, MIDC has allotted Plot No. C-42 admeasuring 15000 Sq. Mtr. To

you and signed final land lease agreement on date 18/7/1998 with you and you have

started the production activity somewhere in 1998. The `Zinc Ash' is one of the main

raw materials used in your production activity.

AND WHEREAS, the Hon'ble Supreme Court High Power Monitoring

Committee (SCMC) inspected your factory premises located at Plot No. C-42 in

MIDC Lote Industrial Area, Tal Khed, Dist- Ratnagiri and found unutilized hazardous

waste materials in large quantities in factory premises, and directed MIDC vide their

report dt. 8th June, 2004 to locate the owner of the said premises, take over the

premises, dismantle the entire structure as it is in an extremely dilapidated condition

posing risk for those who enter the unit.

26

AND WHEREAS, SCMC further directed MIDC to send the unutilized material

i.e. Zinc Ash either to another industry which is processing ash or to Taloja

Comprehensive Treatment, Storage and Disposal Facility (TSDF) Alternatively MIDC

on its own is to carry out the above mentioned operations. The operations should be

completed by September 30, 2004 and further it was directed to submit report to

Ministry of Environment and Forest, New Delhi for onward transmission to the

Hon'ble Supreme Court.

AND WHEREAS, The Executive Engineer of MIDC at Chiplun has issued a

notice to you vide his letter No. EE/CPN/1080 dtd. 26/7/2004 and communicated the

instructions given by the Hon'ble Supreme Court Monitoring Committee and you were

directed to comply the instructions of Hon'ble SCMC before 5th August, 2004 and

requested to communicate the progress report thereof to MIDC as well as to MPCB.

AND WHEREAS, Supreme Court Monitoring Committee re-visited your

factory at Plot No. C-42 on 21/10/2004 for follow up of the actions by MIDC, MPCB

and observed that the unutilized hazardous waste materials in large quantities were

still lying in the factory premises and directed MIDC and MPCB to take immediate

further steps as directed vide their inspection note dt.08/06/2004.

AND WHEREAS, it is observed that you have deliberately not complied the

instructions given by the SCMC and Executive Engineer, MIDC, Chiplun and this

shows you negative attitude towards the pollution control.

In view of above, you are hereby directed to Show Cause within a period of

15 days from the date of issue of this Show Cause Notice, as to why the Land Lease

Agreement signed by you with MIDC for Plot No.C-42 on date 18/7/1998 should not

be terminated and as to why MIDC should not take over the possession of said plots,

dismantle the entire factory structure at your cost and as to why MIDC should not be

terminated and as to why MIDC should not dispose off the Zinc ash stored in your

factory premises by Public Auction Notice at your own risk and cost. You are also

directed to show cause as to why the amount that may be received from the auction

of Zinc Ash may not be deposited in the Hon'ble Supreme Court after deducting the

cost incurred by MIDC for carrying out above works, and other dues of MIDC against

your unit.

Failure to reply within the above prescribed time limit will constructed that

you are not interested in the above matter and MIDC, at your own risk and cost, will

be free to terminate the Land Lease Agreement signed on dt. 15/12/1997, take over

the possession of the said plots, dismantle the entire factory shed and make public

auction of Zinc Ash and deposit the amount that may be received from Public Auction

27

of Zinc Ash in the Hon'ble Supreme Court of India after deduction the expenses

incurred by MIDC for carrying out above work and other dues pending of MIDC

against your unit, which may please be noted.

Sd/-

(N.B. Mande) Regional Officer, MIDC, Ratnagiri.

1) Copy Respectfully Submitted to :- The Chief Executive Officer, MIDC, Mumbai for favour of perusal please.

2) Copy Respectfully Submitted to :- The Jt. Chief Executive Officer, MIDC, Mumbai for favour of perusal please.

3) Copy Respectfully Submitted to :- The Dy. Chief Executive Officer, (Env.), MIDC, Mumbai for favour of perusal please.

Copy f.w.cs. to :- 4) Dr. D.B. Boralkar, Member Secretary, MPCB 3rd Floor Kalpataru Point, Opp.

Cine Planet Sion Mumbai – for information

5) Dr. N. Hosabettu, Member Secretary, SCMC and Director of MoEF, 7th Floor, Paryawaran Bhavan, Ministry of Environment & Forest, CGO Complex, Lodhi Road, New Delhi - for information.

6) Dr. Claude Alvares, Member, SCMC, Goa Foundation, G 8, Scient Britto `cs'

Apartment, Feira Alta, Papusa, Goa 403 507 – for information

Copy submitted to 7) The Chief Engineer (HQ) MIDC, Mumbai - for favour of information. 8) S.E. (Konkan), MIDC, Mahad - for favour of information 9) Copy f.w.cs. to :- Executive Engineer, MIDC, Chiplun for necessary followup

copy of this notice shall be served by hand delivery at the factory site and be pasted on the main gate of the factory, if no body is available to accept.

10) Copy to :- M/s Zinc Smelters & Refiners (India) Pvt. Ltd., C/o, M/s. Indo

Deutsche Metallo Chemique Ltd. 75/81, Prabhat Center Section 6, CBD Belapur, Navi Mumbai – 400 614, for information and necessary action. Please note that failure to reply within prescribed time limit will lead to further action as stipulated above.

11) Copy to : The Branch Manager, State Bank of India Malad (W), Mumbai for information and to submit their say, if any, within above time limit.

28

Annexure - XIII

State Bank of India

Industrial Finance Branch, Malad (W), S.V. Road, Mumbai – 400 064. Branch Code No. 4760. Fax No. 882 7773

The Dy. General Manager, Rehabilitation & Recovery branch, ATTN.: SHRI. KHARKAR The Arcade, 2nd Floor, World Trade Centre, Cuffe parades, Mumbai. C & I/IFB/GJS/1559 March 01, 2005. Dear sir, MIGRATION OF ACCOUNTS : MISHAL ZINC IND. PVT. LTD. We forward herewith a Show Cause Notice issued to Regional Officer, MIDC, Ratnagiri to the captioned company, a copy of which is endorsed to us. Yours faithfully, Sd/- Asst. General Manager C:\ws\mishal CC : to The Regional Officer, MIDC, Near J.K. Files Co., Mirjole Industrial Area, Ratnagiri – 415 639 : for information & with a request to direct all the future correspondence in the matter to request to direct all the future correspondence in the matter to our captioned branch as the account is transferred to that branch. Sd/- Asst. General Manager.

29

A.R. BHOLE & CO. ADVOCATES

I/C, Lentin Chambers, 1st floor, Dalal Street, Fountain, Mumbai – 400 001. Phone / Fax : 2267 7816, Mobile : 98210 96150, E Mail :arbhole @vsnl.net

The Regional Manager 03 March, 2005 Maharashtra Industrial Development Corporation (A Government of Maharashtra undertaking) Ref. : MISHAL.LT/5341 M.I.D.C., Near J.K. Files Co., Mirjole Industrial Area Ratnagiri – 415 639 Sir, M/s Mishal Zinc Industries Pvt. Ltd. Re. : Termination of Land Lease Agreement dt.18/7/98 for Plot no.C-42 at Lote, MIDC Area and disposal of Zinc ash to TSDF Taloja / to another Industry which is processing Zinc Ash, as per the directions of Supreme Court Monitoring Committee. We address you on behalf of our clients State Bank of India, Industrial Finance

Branch situated at S.V. Road, Malad (West), Mumbai – 400 064.

Our Clients have placed in our hands your Show Cause Notice dated 23/2/2005

bearing Ref. No. MIDC/ROR/LTP/155/05, addressed to M/s Mishal Zinc Industries

Pvt. Ltd., with instructions to reply to the same as under :

M/s. Mishal Zinc Industries Pvt. Ltd. were enjoying various credit facilities from our

client. Their factory at Plot No. C/42, MIDC, Lote Parshuram Chiplun, Taluka Khed,

Dist- Ratnagiri, as well as the moveables therein including the unutilized hazardous

waste material i.e. Zinc Ash are mortgaged / hypothecated to our client as security

for the aforesaid credit facilities granted to the Company by our client. This was

done with MIDC's consent.

30

--------------------------- A.R. BHOLE & CO. ADVOCATES --------------------------- As M/s. Mishal Zinc Industries Pvt. Ltd. defaulted in the repayment of their credit facilities to our client, our client filed a suit against M/s Mishal Zinc Industries Pvt. Ltd. & Ors. for recovery of their outstandings, being OA No. 113/01 before the DRT, Mumbai. The suit being heard at the DRT. In the circumstances kindly note that the assets of M/s Mishal Zinc Industries Pvt. Ltd. are charged to our client (with your consent) & any action on your part to take possession thereof would be illegal & improper. Further more the matter in subjudice as our clients suit is pending before the DRT. If you are convinced some hazardous materials are stored in the Company's factory the same may on account of public safety be removed by you & stored carefully under your watch & security. But kindly note that the same is hypothecated to our client & you would be held responsible for the safekeeping thereof. Kindly also note that the MIDC cannot attach the properties of M/s Mishal Zinc Industries Pvt. Ltd. as the same are mortgaged / hypothecated to our client & any such action taken by you would be contested by our client at your cost & consequence. Yours faithfully, For A.R. BHOLE & CO. Sd/- Proprietor Advocates for State Bank of India

31

___________________________________________________________________ DENA BANK Ref. No. DB/ARB/197/2005 ASSETS RECOVERY BRANCH, Dena Bank 16.03.2005 Bhavan, Ground Floor, Shahid Bhagat Singh

Road, 31, 3rd Pasta Lane, Colaba, Mumbai – 400 005.

The Regional Officer, MIDC, Near J.K. Files Co. Mirjole Industrial Area, WITHOUT PREJUDICE Ratnagiri 415 639 (Maharashtra) Dear Sir, Ref. : Show Cause Notice No. MIDC/ROR/LTP/554/05 dated 23.2.05 issued to

Shri. Kiran M. Mehta & Smt. Jasmine K. Mehta (M/s Indo Deutsche Metallo Chimique Ltd. Plot No. C-41, Lote Parshuram, MIDC Area, Tal.- Khed, Dist- Ratnagiri)

We acknowledge the receipt of a copy of Show Cause Notice bearing No. MIDC/ROR/LTP/554/05 dated 23.02.2005 addressed to our Branch Manager, Dena Bank, New Marine Lines, Churchgate, Mumbai – 400 021. That we may inform you that our Bank has sanctioned credit facilities aggregating to Rs.57.00 Crore and on failure to repay the bank's dues, Bank has filed Recovery Application bearing No. O A 3612/2000 for Rs.67.49 Crore before DRT-I, Mumbai against the Company and the Directors. The DRT-I, Mumbai vide Order dtd. 29.7.2002 appointed Court Receiver to take the possession of the Hypothecated Goods and other securities including immovable properties comprising of Land & Bldg., Plant & Machinery of the aforesaid Company (copy enclosed) That one M/s Cimechal Engineers & Consultant have also filed Recovery Suit bearing No. 329/2002 before the Court of Sub-Judge Ist, Patna and the Hon'ble Court, Patna vide Order dtd. 17.07.2002 & 13.11.2002 appointed Receiver of the properties of the Company including the one under reference (copies enclosed). As such, the Court Receiver appointed by the Patna Court is in possession of the properties of the Company. That you will appreciate that the matter is sub-judice and as such you are requested not to take any further steps in terms of the Show Cause Notice dated 23.2.2005 as the properties are in the possession of the respective Courts. Yours faithfully, Sd/- CHIEF MANAGER Encl. as above

32

Annexure – XIV

Maharashtra Pollution Control Board Regional Office Thane

Phone : 25829582 Office Complex Bldg, Plot No.P-30 25802272 5th Floor, Near Mulund Check Naka Telefax : 25805398 Wagle Estate, Thane – 400 604. E-mail : mpcb @ vsnl.net Wetsite : http:/mpcb.mah.nic.in MPC/ROT/DIR-1565 Date : 12.4.2005 To, M/s Aarviem Dyechem Industries Pvt. Ltd., Plot No. L-9/2, MIDC Tarapur, Dist- Thane Sub. :- Direction for non-compliance of provisions of Hazardous Waste

(Management & Handling) Rules, 1989 as amended in 2003 under the Environment (Protection) Act, 1986. ________

WHEREAS, you are operating your industry in Pollution Control Area declared under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (P & CP) Act, 1981, it is obligatory on yur part to provide necessary arrangement to treat the industry effluent with necessary pollution control devices and operate them continuously and efficiently so as to meet the standards prescribed by the Board. WHEREAS, your industry is generating hazardous waste as per the Hazardous Waste (Management & Handling) Rules, 2003, and therefore it is mandatory upon you to dispose the entire hazardous waste generated, in strict compliance with the said Rules. WHEREAS, Hon'ble Supreme Court of India in its Order dated 14.10.2003 has also directed MPCB to take stringent action of Closure against those industries which are not disposing / handling their hazardous waste as per the said Rules. WHEREAS, the Supreme Court Monitoring Committee (SCMC) has also taken a strong view of the hazardous waste dumped at various locations in MIDC Tarapur during its visit on 6.6.2004, and has directed MPCB and MIDC to take stringent action against the industries who are illegally dumping their hazardous waste in open area in and around MIDC. WHEREAS, MPCB has time and again communicated the importance of proper compliance of the Hazardous Waste rules and also facilitated the hazardous waste collection camps at MIDC Tarapur in association with TIMA. WHEREAS, MPCB, has also prepared an inventory of hazardous waste based on the documentation given by the respective industry and the same has been

33

hosted on the MPCB website. AND WHEREAS, your industry is generating hazardous wate as per Hazardous Waste (Management & Handling) Rules, 2003. WHEREAS, SCMC has again visited MIDC Tarapur on 10.4.2005 and it was observed that hazardous waste has been dumped at the open plot of MIDC in L Zone, near M/s Mura Black. A consideeable quantity of waste at this illegal dumping site was found to be a fresh one. Based on the initial observation and nature of hazardous waste, it is apprehended that this hazardous waste is dumped from the dyes manufacturing unit for which the TIMA representatives who were present in the visit also agreed upon. WHEREAS, the SCMC has taken a serious cognizance of this continuous non compliance of hazardous waste rules by consequences. AND WHEREAS, SCMC has directed MPCB to take stringent legal action against the defaulting industries immediately. AND NOW, THEREFORE, you are directed to submit the details of hazardous waste generation and disposal at your industry in the following format for April-04 to March 2005 for verification

Sr.No

Name of Industry

Consented production capacity T/Annum

Consented HW generated T/Annum

HW generation as per MPCB inventory T/Annum

Actual Production T

Actual HW generation T

HW accumulated in premises as on 31.3.04 T

HW disposal to CHWTSDF T

1 2 3 4 5 6 7 8 9

AND THEREFORE, you are hereby directed to submit this information immediately on top priority before 19th April, 2005 along with all documentary evidences. It may be noted that in case of non submission of information and in case of non-compliance, if any, Board will be constrained to proceed with the stringent legal action of Closure and disconnection of water / electricity supply, which be noted. Sd/- ( Ajay A. Deshpande ) Regional Officer, Thane Copy submitted to :

1) The Member Secretary, M.P.C.B., Mumbai 2) The Water Pollution Abatement Engineer, M.P.C.B., Mumbai 3) The Sr. Law Officer, (LW), MPCB, Mumbai.

Copy f.w. cs. to: The President, Tarapur Industrial Manufacturing Association, Recreation Centre, Plot No. T-120, MIDC Tarapur Industrial Area, Dist- Thane. Copy to :

1. Sub-Regional Officer, M.P.C.B., Tarapur-I, - You are called upon to submit the detailed report on these industries

by 19th April, 2005 without fail. 2. Master File

34

Annexure XV National Remote Sensing Agency, nrsa Dept. of Space, Govt. of India, Belanagar, Hyderabad – 500 037, A.P., India. Tel. 0091-40-23884239 Fax : 0091-40-23884259 E-mail : [email protected] [email protected] DR. R. NAGARAJA HEAD, LANDUSE DIVN. NRSA :RS&GIS:LU&US:MPCB:1231:2005 Dt. 12th April, 2005 Dear Sri. Gadhari, This is regarding the pilot study on "Identification of Hazardous Waste Dumpsites in Thane district, Maharashtra". We are in receipt of funds requested for the project and the project work was initiated at our end. The order has been placed with NRSA NDC for latest satellite data and the data is expected in a fortnight. As you may be aware that this pilot study will be carried out using known hazardous (illegal) waste dump sites in Thane district to establish the feasibility of using Remote Sensing data for such studies and to establish the methodology for extending it to other areas. In view of this, we request you to kindly send us location (Index) map indicating the possible dump sites. After preliminary analysis of satellite data, based on the inputs provided by you, we will be planning to visit the area for ground data collection during last week of May/first week of June 2005. With regards, Yours sincerely Sd/- (R. NAGARAJA) SRI. B.S. GADHARI Junior Scientific Officer, Maharashtra Pollution Control Board, Kalpataru Point, 3rd & 4th Floor, Sion Matunga Scheme Road No.8, Opp. Cine Planet Cinema, Near Sion Circle, Sion (East), MUMBAI – 400 022. Fax No. 022 – 24023516/24024068 Cc : Shri. D.B. Boralkar, Member Secretary, Maharashtra Pollution Control Board, Mumbai.

35

Annexure XVI AIRPORTS AUTHORITY OF INDIA INTERNATIONAL AIRPORT DIVISION FAX NO. 2402 3516 / 2402 4068 AAB/CARGO/931/2005-06/573 The Regional Officer M/s Maharashtra Pollution Control Board, Kalpataru Point, 3rd & 4th Floor, Sion Matunga Scheme Road No.8, Opp. Cine Planet Cinema, Near Sion Circle, Sion (East), MUMBAI – 400 022. Kind Attn : Sh. Bharat Nimbarte. Dear Sir,

SUB : Request for extension of the time-limit to destroy the uncleared hazardous cargo lying at Mumbai Airport – Reg.

Please refer to your letter No. BO/RO (HQ)/TB/B-1253 dated. 10.03.2005 (copy enclosed) which is self-explanatory. While AAI is in the process of finalizing the revised proposal submitted by M/s Mumbai Waste Management Limited dated 01.04.2005 (copy enclosed) and likely to award the work to the said agency, it is requested that time-limit may be extended by one month i.e. upto May, 2005 finally to enable AAI tocomplete the maiden work undertaken by AAI at this airport after following the internal procedure at our end. Assuring of our best attention and co-operation always. Thanking you, Yours faithfully, Sd/- Encl: a.a. (B.K. Mehrotra) Dy. General Manager (Cargo) for General Manager (Cargo) Office Tel.: Terminal 1-A/1-B : 615 6600 . Terminal II : 836 6700 Fax. : 022-615 6031 / Telex. : 011-71172 Chhatrapati Shivaji International Airport, Mumbai – 400 099.

36

Annexure XVII

MAHARASHTRA POLLUTION CONTROL BOARD

REGIONAL OFFICER-MUMBAI NO. ROB/TB/546 Shri. Chattrapati Shivaji Maharaj Municipal Bldg., 4th Floor, Mata Ramabai Ambedkar Road, Mumbai – 400 001. Dt. : 20/4/2005 To, Technical Advisor, M.P.C.Board, Sion, Mumbai. Sub. :- Removal of accumulated waste at M/s Golden Chemicals Ltd., Dahisor. Ref. :- 1) MPCB/Legal/LW/B-45 Dated 5/01/2005. 2) Your letter No. MPCB/TA/HW/SCMC/B-1868 Dated 13/4/2005 ………….. Sir, The Board vide the above referred letter has issued the directions to lift the Hazardous Waste lying in the premises to CHWTSDF T.T.C. / Taloja. Accordingly the industry has stated lifting the Hazardous Waste / accumulated waste lying in the premises to CHWTSDF Taloja. During the visit of undersigned with Sub-Regional Officer on 13/4/2005 it was observed that industry has not cleared the site & some quantity is still lying in the premises & as per the information given by the industry up till now the industry has lifted 4068.725 MT of the quantity. Yours faithfully, Sd/- ( G.N. Mohite ) Regional Officer Mumbai Copy to :- Sub-Regional Officer Mumbai – IV.

37

Annexure -XVIII

MUMBAI PORT TRUST Tel. : 5656 5140 Dy. Manager, Auction Sales, : 22618474 3rd Floor, Operation Service Fax : 91-(22)-56565124 Centre, Opp. GPO, P.D.'Mello E-Mail : ucseauction @indiatimes.com. Road, Mumbai – 400 001. No. TM/800/PCB/Haz. Waste/523 of 04/05 Dtd. 26/4/2005 To, M/s Haryana Pollution Control Board, S.C.O. No.11, A-12 Sector 7-C Madhya Marg, Chandigarh – 160019 Dear Sirs, Sub. : Disposal of Hazardous Waste Lying at Mb.P.T. As per the directions of the Supreme Court Monitoring Committee ………… This is to inform you that 5 lots of Hazardous Waste were sold in Spl. Sale No.2 dtd. 08.04.2005 as per the directions of the Supreme Court Monitoring Committee dated 26.8.2004 and 28.3.2004, the details of which are as under : Sr. No.

IGM/Item No. Lot No. Description Purchaser

1) 2200/425 II/13072 Zinc Ash/Metallic in I/Steel Drums

}

2) 3183/11 kk/02016 Rejected Zinc Scrap in Mixed condition filled in P/Bags.

} M/s }SOORAJMULL } BAIJNATH } INDUSTRIES } P. LTD.

3) 2543/134 kk/15325 FCL STC 27 Drums Low Purity Zinc Ash

}

4) 2419/73 kk/15956 1 FCL Zinc Skimming in Loose

}

5) 1042/475 pp/06343 1 FCL STC 50 Drums Zinc Ash

}

The Purchaser has taken delivery on 23.4.2005. We are enclosing copy of Form No.9 (White copy) for further necessary action please.

38

Yours faithfully, Sd/- DEPUTY MANAGER AUCTION SALES. C.C.Spureme Court Monitoring Committee, Room No. 547, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi – 110 003, for information please. C.C. Maharashtra Pollution Control Board, Kalpataru Point, 3rd & 4th Floor, Sion-Matunga Scheme Road No. 8, Opp. Cineplanet Cinema, Near Sion Circle, Sion (E), Mumbai – 400 022, for information please. Sd/- DEPUTY MANAGER D.A. : 5 Sheets AUCTION SALES

39

FORM – 9

(see rule 7 (4) & (5)) HAZARDOUS WASTE MANIFEST (Information of hazardous waste for disposal) 1. Occupier's Name & Mailing Address : T.M. Office 2. Occupier's Registration No. : -- (Including Phone No.) Mb. P.T. S.V. Road 3. Manifest Document No. S/S -NAHOON Ballard Estate MUMBAI – 400 001 ITM 3183 Item – 11 Lot-KK 201 4. Transporter's Name & Address Venus Transport 5. Type of Vehicle : Truck Corporation, 107, Vyanpar Bhavan, Truck / Tractor / Van / Other P. Demello Road, Mumbai – 400 009. Phone – 56314845 /9821042698 6. Transporter's Registration No. : 465 7. Vehicle Registration No. HR 58 22778. Designated Facility Name & Site Address : 9. Facility's Registration No. CPOB F/No. Surajmull Baijnath Industries Pvt. Ltd. 23-1 (A-36) 2001, HSMD,SPOB–HSPCB / E/4 Industrial Area Sonepat Consent 2005158 Dt. 7.04.05. Haryana – 131001. 10. Facility's Phone : 09813174963 / 27114465 / 015 11. Waste Description : 12. Total Quantity of Waste : (m3/t) Zink Scrap 13. Considtency : Solid Solid/Semi Solid/Sludge/Oily/Tarry/Slurry 14. Transporter Description of waste

15. Containers No. | Type

16.Total Quantity

17. Unit Wt./Vol.

18. Waste Category No.

Zink Scrap MERU M/ Wt. k.k. [ In Bulk ] 8015513 18000 Kgs. 2016 Actual Wt. 17900 Kgs. 19. Special Handling Instructions & Additional Information : As per Hazardous Waste Rule Year 1989 20. OCCUPIER'S CERTIFICATE : I hereby declare that, the contents of the consignment are fully and accurately described above by proper shipping name and are categorized, packed, marked and labeled and are in respects proper condition for transport by road according to applicable National Government Regulations. Type Name & Stamp Signature Month Day Year Shri. D.J. Jadhav Sd/- 0 4 23 05 ASSTT. SHED-SUPDT. DEPARTURE YARD WADALA 21. Transporter's Acknowledgement of Receipt of Materials Type Name & Stamp Signature Month Day Year

VENUS TRAPSPORT Sd/- 04 23 05

Narad K. Madan FOR VENUS TRANSPORT CORPORATION

22. Discrepancy Note Space ----

23. Facility Owner or Operator's Certificate of Receipt of Hazardous Waste

Type Name & Stamp Signature Month Day Year

M. Saniaullah Sd/- 04 23 05

40

Annexure - XIX

Total Quantity & Mode of Disposal

Quantity (MT/Month)

Quantity (MT/Annum)

SLF 7834 94008 INC 1833.1 21997.2 RCL 3206.1 38473.2

41


Quantity (MT/Month)

Quantity (MT/Annum)

SLF 4362.1 52345.2 INC 658.9 7906.8 RCL 3916.97 47003.64

42


Quantity (MT/Month)

Quantity (MT/Annum)

SLF 815.02 9780.24 INC 30.945 371.34 RCL 214.47 2573.64

43


Quantity (MT/Month)

Quantity (MT/Annum)

SLF 1770 21240 INC 633.42 7601.04 RCL 2293.766 27525.192

44


Quantity (MT/Month)

Quantity (MT/Annum)

SLF 1605.783 19269.396 INC 1058.36 12700.32 RCL 1355.27 16263.24

45

List of Hazardous Waste Transporters as on 1st April 2005 Annexure - XX

Sr. No Name of the Transporter Ref. No. & Date Validity

1 M/s. Manjara Enterprises326, Anant Laxmi Chamber, Off Gokhale Road, Shivaji Nagar, Thane-499 602. Tel. No. 5592 1613

BO/RO(HQ)TB/NOC/ Transport/B-403 Dt. 23.4.2004

30.06.2006

2 M/s. Meccury SalesC-216, S.K. Mandal, L.B.S. Marg,Kurla (W), Mumbai.Tel.No.(O) 2550 0537, M-9821245987


30.06.2006

3 M/s. Bhakti Labour Supplies and Contractors, Maruti Darshan,Flat no. 3, Ground Floor, Opp. Pushlearaj Society, Line Aali, Old Panvel – 410 206. Tel. No.(O) 5450012, (R) 7465184


30.04.2006

4 M/s. Zenith Ltd.,D-17, M.I.D.C., TarapurTel. No. 952525-2722 5314


30.04.2006

5 M/s. Bhadsevale Transport 1st Floor, Sriman Co-Op. Hsg. Soc. Rees Bhatwadi,P.O. Rasayani, Dist: RaigadTel No. 95251-2447471, 251387,M-9821344770


30.04.2006

6 M/s. Shanti Metal Refinery, Near Sai Service Station,Sativali, Vasai (East). Tel. No. 95250-455151, 8051343


31.05.2006IS (Lead scrap)

7 M/s. Sidhivinayak dyechem,Above Prashant Hotel,Dombivali (East).


30.04.2006

8 M/s. Star Engg. Co. ,463, Paradise Tower, Opp. Alok Hotel,Thane (W). Tel. No. 25338243, 23435481


30.06.2006

9 M/s. Mumbai Hazardous Waste Transport Company, 12, sheetal Shopping Centre,V.H. Purav Marg, Sion, Mumbai – 400 022. Tel. 25226161


30.06.2006

10 M/s. Auto Bulk Carriers,Maratha Cement Complex, At & Post: Upparwali, Tal: Korpada,Dist: Chandrapur. Tel. No. 24948203


31.03.2006 IS

11 M/s. Gandhar Petrochem Ltd., (Unit-I) BO1, Paradise Complex, Sayaijgunj Station Road, Baroda. Tel. No. 362949, 361149


31.03.2006 IS (Chemical (gypsum)

12 M/s. Ideal Dye Chem Industries,Plot NO. 156, G.I.D.C., PH-II, Vapi,Dist: Valsad.

BO/RO(HQ)TB/NOC/ Transport/B-1789 Dt. 31.03.2006 IS

46

Tel. No. 23723215, 23755133 12.7.2004 13 M/s. Bhavani Haz Chem Waste

Carriers,1 Shiv Shakti Shopping Complex, Plot No.5 A, Sion Trombay Road, Near Wasan Auto Chembur, Mumbai.Tel. No.25284550, M-9820054356


30.06.2006

14 M/s. Sagar chemicals,129, 1st Floor, sairam Complex, Kalyan-Ambernath Road, Ulhas Nagar, 421 003. Tel. No., 553618, 565895


30.06.2005

15 M/s. Universal Enterprises, Gokhale Building No.36,At Post: Apta, Tal: Panvel, Dist: Raigad


30.04.2006

16 M/s. Reshama Enterprises, Navjivan Society, 2nd floor, block no. 18, At RIS, Taluka – Khalapur , Dist. Raigad

2009

17 M/s. Namdev Silicates & Chemicals Pvt. Ltd.W-73(ii) MIDC Taloja, Dist: RaigadTel. No. 27412217, 27402059

BO/ROB-1972 Dt. 23/07/2004

Interstate Transport (Spent Catalyst, Ni, Zn, Ca Cu.

18 M/s. Rajlaxmi Enterprises,Harji Road, Near GIDC,Dist: Patan, North Gujarat,Chansama – 384 220.

BO/RO(HQ)/TB/HWM-NOC/B-3567 Dt. -7.10.2004

30.09.2006 Interstate Transportation Goa to Gujarat Recovery of Chemical from spent chemical

19. M/s. Vaibhav Plastic & Scrap Traders,Plot No.84, Hanuman Nagar, Ranjangaon, Ranjangaon (S.P.), Tal: Gangapur,Dist: Aurangabad.


31.10.2006Transportationof Hazardous Waste within the State.

20. M/s. Accord Mercury ABC-216, Shivaji kutir Mandal,L.B.S. Marg, Kurla,Mumbai – 400 070.



21. M/s. Nirmal Transport Co.,Loyalka Compound, Godown A/35,Shri Odhav Ram Market, Bardan Gally,Asalpha, Ghatkopar (W),Mumbai– 400 084.



22. M/s. DRB Exports,7/31, Sona, K.C. Marg,Bandra Reclamation,Bandra (W), Mumbai -400 050.


31.10.2006Interstate Transportationof Hazardous Waste from Gujarat State to Maharashtra. Organic and inorganic residue, Metal Oxide, ,

47

33 M/s. Sai Sadhana Chemicals, Plot No. 53, Atharwa, Samarth Nagar, A'bad.

BO/RO(HQ)/TB/NOC-Transport/B-505 Dated 05/02/05

31/01/07

34 M/s. Sagar Chemicals, Nageshwarwadi corner,Near Mewad, Lodge,


Spent- Molyb. Catalyst.

23. M/s. Harinarayan Rajaprasad & Co. Sindhi Nivas, C-11, 2nd Floor, Shitladevi Temple Road, Mahim, Mumbai – 400 016.


31.10.2006Interstate Transportationof Hazardous Waste from Gujarat and vice-versa.

24. M/s. Mahavir Enterprises6, Anil Apartment,Jagdishanagar, Ghatkopar,Mumbai.


31.10.2006Interstate Transportation of hazardous waste from Gujarat to Maharashtra for recovery of oil from spent carbon.

25. M/s. Reliable EnterpriseMHB Colony, Satpur, Nashik-7.



26. M/s. ECO-Friend IndustriesC/o, M/s. Beeta Chem Industries,W-177, TTC, Navi Mumbai.


31.10.2006Transportationof Hazardous Waste within the State for incineration.

27. M/s. Bhanushali A.L. & Co. Kanchan & Bhoir Compound, Village Rehnal, Tal. Bhiwandi, Dist. Thane, Ph.-02522565591, Mb.-9820764141/9323650400

CO/WPAE/TB/HWM-NOC/B-6495 Dt. 02.12.2003

28.02.2007. Transportationof Hazardous Waste within the State for incineration.

28

M/s. Shree Hari Roadlines 1/207,Shreekrishna Puram,Kalyan Murbad rd, Shahad(West), Kalyan 421103


31/01/07

29

M/s. Reliance Industry Ltd.(Hazira Manufacturing Division),Village-Mora,Post-Bhatha,Surat-Hazira rd,Dist- Surat(Gujarat).


28/02/07

30 M/s. Tandon Metals Pvt.Ltd, Gat No.1242,Markal,Tal-Khed,Dist-Pune


31/01/05

31 M/s. Gupta & Company no 95,Hisa no.4, Shifata,opp. Thakurpada, Navi Mumbai


28/02/07

48

Aurangabad. 05/02/05

35 M/s. Suvartha Enterprises, A-1/38, Room No. 1, Sector 21, Near ICL School,Turbhe,NM


31/01/07

36 M/s. Shinde Brothers Indira Nagar, Khopoli, Tal- Khalapur, Dist- Raigad

BO/RO(HQ)/TB/NOC-Trasnport/B-339 Dated 20/01/2005

31/01/07

37 M/s. Deepak Transport Village- Kasap, Post- Apta, Tal- Panvel, Dist- Raigad


28/02/07

38

M/s. Jayant Agro Organics Ltd., Plot No. 602 (Unit No.1), 624,627 (Unit No. 2) Behind GACL, Post- Petrochemical, Dist- Vadodara, Gujarat


28/02/07

39 M/s. Accord Waste Management G-25, MIDC Nagapur, Ahmednagar- 414 111


31/03/07

40

M/s. Shriwardhan Mhasla Motar Mal Vahatuk Sahakari Sanstha Ltd., Bazar peth, PO / Tal- Shriwardhan, Dist- Ratnagiri


28/2/07

41 M/s. Matha Road Lines Milap Complex, D-101, P & T Colony, Gandhi Nagar, Dombivli (E), Thane


31/12/06

42 M/s. Airport Authority of India Air Cargo Complex, CSI Airport, Mumbai- 400 099.


28/02/07

43 M/s Shinde Brothers, indira nagar,Khopoli,, Tal.: Khalapur, Dist.: raigad

BO/RO(HQ)/TB/NOC-Trasnport/B-339 Dated 20/01//2005

31/01/07

49

Annexure - XXI No. BO/RO (HQ)/ TB/B- 1155 Date : 09/03/2005. To, M/s Bharat Oil Company (India) Regd. E-18, Site-4, Shahadabad Indl. Area, Dist- Ghaziabad, Uttar Pradesh Sub. : Refusal of 'Authorisation for Reception, Collection and Transportation of Hazardous Waste under 5 of Rule the Hazardous Waste (Management & Handling) Rules, 1989 (as amended).

Ref. : 1] Your application for Reception, Collection and Transportation of Hazardous Waste, submitted on 15/1/2005 received by us on 15/1/2005 2]This office letter No. MPCB/RO(HQ)/B-412, dated 27.1.05 3] Your letter dated 5/2/2005 received on 10/02/2005.

We refer to your application seeking Authorization for Reception, Collection

and Transportation of Hazardous Waste under Rule 5 of the Hazardous Waste

(Management & Handling) Rules, 1989, (as amended) from Maharashtra to the State

of Uttar Pradesh.

On scrutiny of your application and subsequent information furnished by you,

your application has been found to be incomplete in following respects :-

1) You have not submitted quantity of used oil lifted during current year through

auction / tender from Maharashtra.

2) You have not submitted copy of RC, TC books, photograph of vehicles which

will be used for transportation of hazardous waste.

3) You have not submitted details of quantity of hazardous waste generated, its

further mode of treatment and disposal as per the Hazardous Waste (M & H)

Rules, (as amended)

4) You have earlier lifted used oil without the permission of MPCB from BEST,

Mumbai as well as from Western Coal Fields Ltd., Chandrapur and have

transported the same in an illegal manner.

5) You have received Hazardous Waste from the industries located in

Maharashtra and have transported the same to Ghaziabad in Uttar Pradesh

50

without submitting manifest and have also not furnished details till date to the

Board.

6) You have also not furnished necessary details asked by the Board for proper

examination of your activity for reasons best known to you.

Besides this your attention is invited to the provisions contained in Basel

Declaration on Environmentally Sound Management of hazardous waste

particularly reduction of transboundary movements of hazardous waste and

principle of proximity. In the instant case, transportation of hazardous waste to a

far away place is against the principle of proximity and the overall provision of

Basel declaration on Hazardous Waste Management.

In view of the above and the fact that you are not in a position to provide

requisite information and your earlier approach of lifting and transporting

hazardous waste from Maharashtra to Uttar Pradesh in an illegal manner, it has

been decided not to grant authorization, under the provision of sub rule (2) of

Rule 5 of the Hazardous Waste (Management & Handling) Rules, 1989 (as

amended). The authorization is accordingly hereby refused for reception,

collection and transportation of hazardous waste from Maharashtra to Uttar

Pradesh.

Sd/- (D.B. Boralkar) Member Secretary

51

Annexure - XXII

Status of Bio – Medical Waste up to 17th May, 2005 of all regions

Show Cause Notices issued/

being issued

No. of HCEs

Prosecuted

Sr. No.

Region

Total no. of

HCEs (beded hospita

ls)

Total no.of HCE

s applied

No. of

Autho

rizations granted

Application under proces

s

No. of

HCEs

Member of CTSDF

Notapplied for

autho

rization

Given authorizatio

n, but not

joined to

CBMWT&D

F

Member of CBMWT & DF, but not

sending

waste

Appli catio

n received after Show

Cause

10 beds & above

100 beds & above

1 Amaravati 851 552 456 96 207 299 Nil Nil 242 Nil Nil

2 Aurangabad 1348 732 728 4 567 579 Nil Nil 90 Nil Nil

3 Kalyan 421 358 341 17 400 70 39 Nil Nil Nil Nil4 Kolhapur 920 676 637 39 793 176 Nil 68 185 Nil Nil5 Mumbai 1351 1061 983 78 912 230 35 25 Nil Nil Nil6 Nagpur 1447 901 884 17 690 546 Nil Nil 181 Nil Nil7 Nashik 1344 1225 1210 15 900 69 40 Nil 50 Nil Nil

8 Navi Mumbai 131 131 131 Nil 130 Nil Nil 1 Nil Nil Nil

9 Pune 1945 1322 1218 104 1289 383 163 77 293 Nil Nil10 Raigad 227 213 201 12 Nil 14 Nil Nil 9 Nil Nil11 Thane 442 412 408 4 409 30 Nil Nil 129 Nil Nil

Total 10427 7583 7197 386 6297 2396 489 171 1179 Nil Nil

52

Annexure - XXII

53

Annexure - XXIV No.MPCB/RO(HQ)/TB/B-511 to 539 Date : 05/02/2005 To, List of Industries Sub. :- Show Cause Notice for non-compliance of the provisions Of Batteries (Management & Handling) Rules, 2001 Ref. : 1] Notification issued by MoEF, GOI, bearing No. S.O. 432 (E) dated 16/5/2001 2] Public Notice published in leading news paper on 22/4/2004 WHEREAS, Ministry of Environment & Forests (MoEF), Govt. of India has notified Batteries (Management & Handling) Rules, 2001 which are applicable to all battery manufacturers, importers, re-conditioners, assemblers, dealers, recyclers, auctioneers, consumers and bulk consumers. AND WHEREAS, it was mandatory on your part to fulfill the responsibilities cast on you under rule 4 of the said rules which include filing of half yearly returns of sales and buy back of used batteries, as well as setting up of collection centres, selling them to registered recyclers. Etc. AND WHEREAS, you have failed to comply with these legal requirements. AND WHEREAS, you have also failed to submit details regarding arrangements made by you for collection of used batteries through authorized dealers as per the type and specification of manufactured batteries, as provided under rule 4 (ii) & (vi) of the said rules to the Maharashtra Pollution Control Board. AND WHEREAS, you have also not taken steps to create public awareness through advertisements, publications, posters as expected and provided in the said rules. NOW THEREFORE, in exercise of the powers conferred under rule 12 of the Batteries (Management & Handling) Rules, 2001, you are hereby directed to Show Cause as to why action shall not be initiated against you for the above non-compliances, under the provision of Environment (Protection) Act, 1986 and the rules made thereunder. You shall submit your reply within 10 days from the receipt of this notice, failing which appropriate action against you will be initiated under the provision of Environment (Protection) Act, 1986, without giving you further notice, which please note. Sd/- (D.B. Boralkar) Member Secretary Copy for information & necessary action to – 1] Sr. Law Officer (HQ), MPCB, Mumbai 2] Regional Officer (HQ), MPCB, Mumbai 3] Regional Officer, 4] Technical Advisor, MPCB, Mumbai.

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