The National Green Tribunal directed the Central Pollution Control Board (CPCB) and the Ministry of Environment, Forest and Climate Change (MoEF&CC) to frame the guidelines for environmental management in food processing industries for better management of the environment taking into consideration mission life targets.
The Central Bench of Justice Sheo Kumar Singh and Dr Afroz Ahmad disposed of a Suo Motu application registered on the issue of death of five workers in a food industry in Morena, Madhya Pradesh on account of the impact of poisonous gases when these workers had entered the tank in a factory manufacturing synthetic cherries for paan and the food industry.
In light of the 2021 SCC Online SC-897, Municipal Corporation of Greater Mumbai v. Ankita Sinha and Ors. the Tribunal took the cognizance on 01.09.2023 and constituted a Committee with the District Magistrate and Director of Industry, Safety and Health to inquire the matter and submit a factual and action taken report.
The District Magistrate, Morena, Madhya Pradesh vide correspondence letter dated 30.09.2023, has communicated the visit of the Joint Committee and factual status and observation.
The matter was taken up by this Tribunal on 08.11.2023 and State of Madhya Pradesh, Director of Industrial Health, CPCB and the project proponent were also impleaded as a party and notices were issued to submit their reply.
The submission and argument of the counsel for the MoEF&CC, are that in the report prepared by the Expert Committee, it is noted that the industry is an Orange category unit (Non-hazardous food processing unit) falling under the small-scale sector. However, it is also observed that the unit is dealing with ammonia gas in cylinders, which is listed as a hazardous chemical under MSIHC Rules, 1989. Further, the applicability of various provisions of MSIHC Rules, 1989 on the unit for using ammonia would depend on the quantity permitted for handling and storage and can be ascertained by the Department of Industrial Safety and Health. The unit is also regulated under the Air Act, 1981, and the Water Act, 1974. It is noted from the Expert Committee report that the accident with the deceased laborers happened due to Asphyxiation (acute suffocation) resulting from the inhalation of toxic gases viz. methane, propane, and hydrogen generated from the putrefaction of the papaya cuts. Hence, the accident apparently happened due to bad upkeep and hygiene conditions in the unit, and not due to handling/ leakage of Ammonia gas.
To handle the chemical safety-related issues, the Respondent Ministry has notified two sets of chemical safety rules under the EP Act, 1986 i.e. the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (MSIHC Rules, 1989] and The Chemical Accidents (Emergency, Planning, Preparedness, and Response) Rules [CAEPPR Rules, 1996). Further, around 684 hazardous chemicals are covered based on toxicity, flammability, and explosivity.
The CAEPPR rules complement the MSIHC rules and thereby provide with the required statutory backup for Crisis Management setup and organizational support. Further, the rules envisage a ‘Four-tier Crisis Management System’ in the country at the Central, State, District and Local levels. It is submitted that the provisions of MSIHC & CAEPPR rules assign the key responsibilities to various State Government Central Government Departments with an objective to keep a check on the chemical accidents.
The MSIHC Rules, 1989 require the occupier to provide necessary information that is likely to cause major accidents and affect general public during a major accident at the site which include submission of information on usage/storage/ manufacture of hazardous chemicals, seek approval of sites, prepare on-site emergency plan and safety reports, undertaking safety audits and mock-drills etc. The occupier is required to comply with above mentioned rule provisions with concerned authorities designated under Schedule-5 of the rules.
It is further argued that under the CAEPPR rules, a Central Crisis Group has been constituted in compliance with Rule 3 under the chairmanship of the Secretary (EF&CC). A Central Crisis Group Alert System i.e., Red Book has also been brought in compliance with Rule 4 to facilitate quick information exchange during chemical emergencies. The Red Book contains name, address and contact details of Central and State Nodal authorities, relevant national agencies/ institutes pertaining to chemical (Industrial) disaster management. The Red Book is hosted on the website of MoEF&CC and updated annually. A virtual crisis control room is also set-up in the MoEF&CC to coordinate with State Authorities during chemical (industrial) accident emergencies.
The counsel has further argued that The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 provides certain measures which are required to be taken by the authorities in cases of such incidents.
The counsel for CPCB has submitted that the effluent standard for the food and fruit processing industries have been notified under the Environment (Protection) Rules, 1986 at serial no. 51, and the unit is required to maintain the standard.
It is further argued that ETP was found overflowing on account of the fact that the industry has been sealed almost 22-25 days prior to the date of inspection and therefore, could have been no reasonable opportunity for the answering respondent to have a control or operate the ETP properly.
It is further argued that MPPCB has carried out the last inspection of the industry/unit on 12.08.2021 and ETP has been found installed and properly running and thus, consent was renewed.
The counsel for the respondent has further submitted that in view of the orders and parameters passed by the Tribunal in 2023 , a reasonable compensation to the tune of Rs. 20 lakhs have been fixed and was directed to be paid and the unit has paid an amount of Rs. 24 lakhs from the company and Rs. 04 lakhs from the State Government and thus, total amount of approximately Rs. 28 lakhs have been paid to the affected persons.
The contention of the project proponent are that on the day of the incident due to festive holiday, the industry was not in operation and production activities were completely closed and the persons affected entered into the premises for cleaning purposes voluntarily without waiting the supervisor. The presence of methane or pre-propane or any other infectious gases has accrued only on account of decomposition of the fruits waste which were lying unattended for almost 22 days on the date of inspection and not on account of any sludges or residue left out in the empty tanks wherein the incident had taken place.
The records relating to the proceeding before the works man, commissioner for compensation and the notice of the precautions have been placed before the NGT and are on record. To install adequate ventilation systems in the cut papaya storage shed to ensure a minimum of six air changes per hour, thereby maintaining a safe and breathable environment for workers. This can be achieved through the installation of turbo ventilators in the ceiling, which shall be supplemented by a mechanical exhaust system to enhance air circulation and ensure the efficient removal of any hazardous gases or contaminants.
The industry is directed by the NGT to transform the unit from the manual mode of cleaning the papaya cuts storage tanks to a fully mechanized cleaning system. This shift is mandated to eliminate the inherent risks associated with manual cleaning operations, including exposure to hazardous gases, oxygen deficient environments, and other safety hazards.
The transfer of residual materials, including any sludge or leftover residues from the papaya cuts storage tanks, shall be conducted exclusively through the use of appropriate sludge transfer pumps, rather than by manual means. This measure is mandated to eliminate the significant risks associated with manual handling of such residues, which may include exposure to hazardous substances, contamination, and physical strain on workers. An organic gas monitor or indicator, equipped with an integrated alarm system, shall be installed within the raw papaya storage shed to continuously monitor the presence of hazardous gases, including but not limited to organic vapors produced by the decomposition of raw materials. The alarm system shall be configured to provide realtime alerts in the event that gas levels exceed safe thresholds, thereby enabling prompt evacuation and immediate corrective measures to prevent health risks or accidents.
Submission of the counsel for the State PCB is that a substantial amount of compensation to the tune of Rs. 24 lakhs to Rs. 28 Lakhs has been paid by the unit and the State Government and on the point of payment of compensation no further action is required. So far as precautionary measures are concerned the unit is required to follow the guidelines, accordingly, the NGT directed as follows:-
i. The CPCB and the MoEF&CC are directed to frame the guidelines for environmental management in food processing industries for better management of environment taking into consideration mission life targets.
ii. Respondent units and all other units shall strictly follow the manufacture, storage and import of Hazardous Chemical Rules, 1989 (quoted above), isolated storage at installation other than those covered by Schedule 4 strictly and letter and spirit.
iii. The information of safety report as prescribed under Rule 10(1) provided in schedule 1 must be periodically submitted to the authorities concerned.
iv. The guidelines and rules contained in The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 must be strictly complied with.
v. The Secretary (Environment) and Member Secretary, State Pollution Control Board, Madhya Pradesh are directed to constitute a taskforce in light of the above orders and directions contained in the rule at the State Level and District Level so that immediate action should be taken in case of such incidents.