To
Dr Chhavi Nath Pandey
Chairperson,
Experts Appraisal Committee on Industrial Projects-I,
Experts Appraisal Committee on Industrial Projects-I,
Union Ministry of Environment, Forest
and Climate Change
Indira Paryavaran Bhavan
Jorbagh Road
New Delhi-110003
Date: 4th June, 2016
Subject- Violation of Environmental Clearance
conditions by asbestos based factory of Nibhi
Industries Pvt. Ltd at Giddha, Koilwar, Bhojpur, Bihar
Sir,
This is to draw your urgent attention towards the illegal operation of an asbestos factory in Giddha, Koilwar, Bhojpur that has been reported in Aaj newspaper dated June 3, 2016 at page 2. The news clipping is attached.
This is to draw your urgent attention towards the illegal operation of an asbestos factory in Giddha, Koilwar, Bhojpur that has been reported in Aaj newspaper dated June 3, 2016 at page 2. The news clipping is attached.
I submit that
the Environmental Clearance [F. No. J-11011/312/2009- IA II (I)] for Proposal
No : IA/BR/IND/4148/2010 granted to Nibhi Industries Pvt. Ltd by the Ministry
of Environment and Forests under the provisions of EIA Notification dated 14th
September, 2006 is subject to strict compliance of the following specific and
general conditions. The Date of apply for TOR is
20th January, 2010, Date of TOR Granted is 7th July, 2009
and the Date of EC Granted is 27th February, 2010.
The specific conditions given required “Regular medical examination of the
workers and health monitoring of all the employees shall be carried out and if
cases of asbestosis are detected, necessary compensation shall be arranged
under the existing laws. A competent occupational health physician shall be
appointed to carry out medical surveillance. Occupational health of all the
workers shall be monitored for lung function test, chest x-ray, sputum for
acid-fast-bacilli (AFC) and asbestos body (AB), urine for sugar and albumen,
blot tests for TLC, DLC, ESR, Hb and records maintained for at least 40 years
from the beginning of the employment or 15 years after the retirement or
cessation of employment whichever is later. Occupational Health Surveillance
shall be carried out as per the directives of the Hon’ble Supreme Court.” The
copy of the Environmental Clearance is attached. The company in
question has not complied with the “directives of the Hon’ble Supreme Court” as
stated in the specific
conditions.
I submit that
in contempt of Hon’ble Supreme Court's order dated January 27, 1995, the Nibhi
Industries has not been maintaining and maintaining the health record of every
worker, nor has it been conducting Membrane Filter test to detect asbestos
fibre. It has not been insuring health coverage to every worker. It is reliably
learnt that the company did not have qualified occupational health doctors to
undertake these tasks. This order was reiterated on 21st January,
2011 by the Court. It has been referred to by Hon’ble Patna High Court as well
in Civil Writ Jurisdiction Case No.9064 of 2013 and related cases.
I submit that
the specific conditions asked the company “To educate the workers, all the work
places where asbestos dust may cause a hazard shall be clearly indicated as a
dust exposure area through the use of display signs which identifies the hazard
and the associated health effects.” This condition too has been violated.
I submit that
the specific conditions reads: “The company shall provide housing for
construction labour within the site with all necessary infrastructure and
facilities such as fuel for cooking, mobile toilets, mobile STP, safe drinking
water, medical health care, crèche etc. The housing may be in the form of
temporary structures to be removed after the completion of the project.” This
condition has been violated as well.
This
news report reveals that although the factory was sealed by the district
administration amidst violations of environmental laws and disregard towards
public health, the company disregarded the order of the district administration
and chose to operate the factory in violation of every rule in the
rulebook.
I submit that
one worker was crushed to death in this factory in June 2013. The EAC ought to
seek report about it from the district administration. This factory at Giddha,
Koilwar, Bhojpur, Bihar is in proximity of human habitation and is exactly behind
Trident BEd College. This plant also violates the environmental and industrial
siting guidelines of Bihar State Pollution Control Board. It may be noted that
Paryawaran Bachao Jeewan Bachao Sangharsh Morcha, Paryawaran Swasthya Suraksha
Samiti and Ban Asbestos Network of India (BANI) have been raising the issue of
hazards from such hazardous factories in the interest of public health. It may
be noted that written submissions have been submitted to District Collector
seeking removal of the plant.
I submit that
although environmental clearance given by Experts Appraisal
Committee-Industrial Projects-I, Union Ministry of Environment & Forests
and No Objection Certificate given by Bihar State Pollution Control Board is
not transferrable, Nibhi company had transferred it to Utkal Asbestos Limited
(UAL) for operating the plant. This is clearly in violation of established
rules.
I submit that
the villagers’ living in the vicinity of this hazardous factory face threat of
lung related diseases contracted exposure from asbestos fibers that cause
incurable diseases. This happens because safe and controlled use of white
chrysotile asbestos like its other varieties is impossible which has led to
more than 50 countries banning its use.
I submit that
the district administration may be asked to submit the health records of all
the workers who are working in this factory. The company should be asked for a
list of workers employed in the factory, their health records and the
qualification of the doctor assigned to undertake their health checkup. It is
important to order a health survey of the villagers who live in the vicinity of
this hazardous factory. The educational institutions like teachers’ training
institutes also need to be surveyed in this regard. This is necessary because
both World Health Organisation (WHO) and International Labour Organisation
(ILO) have recommended total elimination of its mining, manufacturing and use.
WHO document is attached. It may be noted that mining of asbestos is
technically banned in India but the asbestos based factories procure raw
asbestos mineral fiber from countries like Russia. It is one of the
pernicious and residual legacies of the old era.
I submit that the 27th January, 1995 and 21st January, 2011 orders of Hon’ble Supreme Court make it clear that State Governments and Government of India have to comply with fresh ILO resolution of June 2006 on asbestos. ILO resolution is available at
The issue in
question is concerned the human rights of the present and future generations.
In fact in the Hon’ble Supreme Court's judgment of January 27, 1995 in Writ
Petition (Civil) No. 206 of 1986 [CERC Vs Union of India] that dealt with
asbestos exposure, right to health was declared as part of fundamental right to
life. As per Court's judgment of 27th January, 1995 in Writ Petition
(Civil) No. 206 of 1986 which was reiterated on 21st January, 2011,
the health records of workers have to be maintained for 40 years and for 15
years after the retirement. The judgment also stipulates compensation for such
workers who suffer from asbestos related diseases.
I also wish to draw your attention towards Hon'ble Patna High Court’s observation dated August 19, 2013 in its order in Civil Writ Jurisdiction Case No.9064 of 2013 saying, “...In the circumstances, this Court is really surprised with the stand of the State Board that the norms have been relaxed for the two other asbestos manufacturing units in operation from before, only on the ground that they are running in the respective industrial areas." These two units are the ones based in Giddha, Koilwar, Bhojpur and Bihiya, Bhojpur. It is a commentary on the inconsistency of the Bihar State Pollution Control Board (BSPCB).
In the light of
the observation of the Hon’ble High Court it is abundantly that Bihar State
Pollution Control Board (BSPCB) is adopting double standards in the matter of
cancellation of Consent to Establish-cum- No Objection Certificate (NOC) given
to asbestos companies in Bhojpur and Vaishali. The two companies -namely, Tamil
Nadu based Ramco Industries and Nibhi Industries -mentioned by the Court are
located in Bihiya and Giddha, Koilwar of Bhojpur district. BSPCB has cancelled
the NOC of West Bengal based Utkal Asbestos Limited (UAL)'s proposed asbestos
based plant in Vaishali for violating environmental and industrial siting
guidelines of BSPCB.
I submit that
through a letter dated December 26, 2013, BSPCB has refused to extend the
Consent to Establish (NOC) given to West Bengal based Utkal Asbestos Limited
(UAL)'s proposed asbestos based plant in Vaishali but it has remained silent
about the asbestos plants in Bhojpur.
I submit that BSPCB’s
battery limit of "a distance of minimum 500 meters from the National/State
Highway, Railway line, river and human habitation" outlaw the proposal of
a asbestos company, the same should be applied to asbestos based toxic
factories in Bhojpur.
I submit that
the General Conditions given in the Environmental Clearance certificate states:
“The project authorities must strictly adhere to the stipulations made by the
Bihar Pollution Control Board (BPCB) and the State Government.” The stipulation
regarding battery limit has been violated.
I submit that
communities in villages around the hazardous industrial unit in Giddha cannot
be expected to become superior risk bearers unlike villagers of Muzaffarpur and
Vaishali where similar plants have been stopped.
I submit that
the General Conditions given in the Environmental Clearance certificate states:
“The gaseous emissions from various process units shall conform to the
load/mass based standards notified by this Ministry on 19th May,
1993 and standards prescribed from time to time. The BPCB may specify more
stringent standards for the relevant parameters keeping in view the nature of
the industry and its size and location. At no time, the emission level shall go
beyond the prescribed standards. On-line continuous monitoring system shall be
installed in stacks to monitor SPM and interlocking facilities shall be provided
so that process can be automatically stopped in case emission level exceeds the
limit.” This condition has not been complied with.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “At least four ambient air quality
monitoring stations shall be established in the downward direction as well as
where maximum ground level concentration of SPM, SO2 and NOX
are anticipated in consultation with the Bihar PCB. Data on ambient air quality and stack
emission shall be regularly submitted to this Ministry including its Regional
Office at Bhubaneswar / BPCB and CPCB once in six months.” This condition has
not been adhered to by this factory.
I submit that
the General Conditions given in the Environmental Clearance certificate states:
“Industrial wastewater shall be properly collected and treated so as to conform
to the standards prescribed under GSR 422 (E) dated 19th May, 1993
and 31st December, 1993 or as amended form time to time. The treated wastewater shall be utilized for
plantation purpose.” There is nothing on record to show that the company in
question has complied with this condition.
I submit that
the General Conditions given in the Environmental Clearance certificate states:
“All the measures regarding occupational health surveillance of the workers
shall be undertaken and regular medical examination of all the employees shall
be ensured as per the Factories Act and records maintained.” The factory has
not followed this condition.
I submit that
the General Conditions given in the Environmental Clearance certificate states:
“The company must undertake socio-economic development activities in the
surrounding villages like community development programs, educational programs,
drinking water supply and health care etc.” This condition has not been
paid heed to.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “As proposed, Rs. 1.01 Crores and Rs.
5.72 Lakhs shall be earmarked towards capital cost and recurring cost/annum for
environmental pollution control measures and judiciously used to implement the
conditions stipulated by the Ministry of Environment and Forests as well as the
State Government. An implementation schedule for implementing all the
conditions stipulated herein shall be submitted to the Ministry and its
Regional Office at Bhubaneswar. The
funds so provided shall not be diverted for any other purpose.” There is no
information in public domain to demonstrate that this has been done.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “A copy of clearance letter shall
be sent by the proponent to concerned Panchayat, Zila Parishad / Municipal
Corporation, Urban Local Body and the local NGO, if any, from whom suggestions
/ representations, if any, were received while processing the proposal. The
clearance letter shall also be put on the web site of the company by the
proponent.” This was not done. The news report dated 3rd June, 2016
underlines that the local Sarpanch of Giddha Panchayat inspected the factory
jointly with a revenue official.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “The project proponent shall upload
the status of compliance of the stipulated environment clearance conditions,
including results of monitored data on their website and shall update the same
periodically. It shall simultaneously be
sent to the Regional Office of the MOEF, the respective Zonal Office of CPCB
and the BPCB. The criteria pollutant
levels namely; SPM, RSPM, SO2, NOx (ambient levels as well as stack
emissions) or critical sectoral parameters, indicated for the projects shall be
monitored and displayed at a convenient location near the main gate of the
company in the public domain.” This condition has been violated.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “The project proponent shall also
submit six monthly reports on the status of the compliance of the stipulated
environmental conditions including results of monitored data (both in hard
copies as well as by e-mail) to the Regional Office of MOEF at Bhubaneswar, the
respective Zonal Office of CPCB and the BPCB. The Regional Office of this
Ministry at Bhubaneswar / CPCB / BPCB shall monitor the stipulated conditions.”
This condition has been ignored by the company.
I submit that the General Conditions given in the
Environmental Clearance certificate states: “The environmental statement for
each financial year ending 31st March in Form-V as is mandated to be
submitted by the project proponent to the concerned State Pollution Control
Board as prescribed under the Environment (Protection) Rules, 1986, as amended
subsequently, shall also be put on the website of the company alongwith the
status of compliance of environmental conditions and shall also be sent to the
respective Regional Offices of the MOEF by e-mail.” This has not been done.
I wish to draw your attention towards the attached order
of Kerala State Human Rights Commission (KHRC) dated January 31, 2009 against
use of asbestos. Its recommendations seek replacement of asbestos roofs of all
school buildings under its control with country tiles in a phased manner. It
seeks steps to see that the schools run under the private management also
replace the asbestos roofs with country tiles by fixing a time frame. It seen
to ensure that in future no new school is allowed to commence its functions
with asbestos roofs. It is relevant to note that in Case No.693/30/97-98, National Human Rights Commission
(NHRC) ordered, “Replace the asbestos sheets roofing with roofing made up of
some other material that would not be harmful to inmates.” It is evident that
the NHRC considers asbestos sheets as harmful. It may be noted that NHRC is
seized with a case regarding adverse impacts of asbestos and compliance with
Hon’ble Supreme Court’s orders in this regard.
It is relevant
to note that in a letter dated 25th February, 2013, the company informed the
Principal Secretary, Bihar Government that Date of Commercial Production was
received vide letter no. 619, dated 7th May, 2012 and sought
incentive/subsidy for itself under new Industrial Policy 2011. The Principal
Secretary, Industries Department rejected the
claims citing Clause 2.2 of the
Resolution No.128 dated
16th January, 2006. Even as the company continued to violate
the specific and general conditions stipulated in the Environmental Clearance
certificate besides violating the BSPCB’s Guidelines, it filed Civil Writ
Jurisdiction Case (CWJC) No.16099 of 2014 and CWJC-10908/2015 to get subsidy
from the State Government.
I submit that
the General Conditions given in the Environmental Clearance (EC) certificate to
Nibhi Industries Pvt. Ltd
categorically
states: “The Ministry may revoke or suspend the clearance, if implementation of
any of the above conditions is not satisfactory.”
In view of the above facts underlining the
violation of the conditions of
EC, there is a compelling logic for revoking the
environmental conditions granted to this factory. This is required for
providing relief to the workers of the asbestos based factory in question and
save the villagers of Koilwar block in Bhojpur, Bihar from such hazardous
plants. The company must be asked to undertake decontamination of the site and
compensation for exposing the villagers of Giddha to asbestos fibers in the
interest of present and future generations.
I will be happy to share more information.
Thanking You
Yours faithfully
Dr Gopal
Krishna
Director
ToxicsWatch Alliance (TWA)
ToxicsWatch Alliance (TWA)
Mb:
09818089660, 08227816731
E-mail:1715krishna@gmail.com
Web: www.toxicswatch.org
Web: www.toxicswatch.org
Cc
Dr.Satish
C.Garkoti, Member Secretary, EAC (Industry-I)
Hon’ble Members,
EAC (Industrial Projects-I)
Chief Secretary,
Government of Bihar
Chairman, Central
Pollution Control Board (CPCB)
Member Secretary,
CPCB
Principal
Secretary, Department of Industries, Government of Bihar
Principal
Secretary, Department of Environment, Government of Bihar
Chairman, Bihar
State Pollution Control Board (BSPCB)
Member Secretary,
BSPCB
District
Magistrate, Bhojpur, Bihar
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