National Green Tribunal: No Order Can Be Passed Against A Commercial Activity If They Are Complying With All The Directions Of The State Pollution Control Board

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The National Green Tribunal ruled that the test for Biochemical Oxygen Demand (BOD) is not necessary when Chemical Oxygen Demand (COD) is less than 30 mg/L

Brief Facts of the Case

In the present case, an appeal has been filed before The Learned Appellate Authority against the permitted order to the respondents to continue running their commercial activity in the premises. The West Bengal Pollution Control Board (WBPCB), upon inspection of the premises of the respondents, issued directions to

(a) install a stack height of at least 1.5 m above the roof of the building complete with pothole, ladder and platform as given in CPCB Emission Regulations Part – III;

(b) remove the existing exhaust fan;

(c) maintain good housekeeping.

Later on, In the report, It was found that the unit to be compliant in all respects except for achieving satisfactory housekeeping. The question required to be looked into in the present case is whether the finding of the WBSPCB in its report that the COD effluent being less than 30MG/L, was correct or not.

National Green TribunalNational Green Tribunal’s Decision

The National Green Tribunal upon consultation with the Central Pollution Control Board supported the stand of the WBPCB to the effect that its decision not to test for BOD when COD was less than 30 mg/L was correct. It stated that Test for BOD is not necessary when COD is less than 30 mg/L.

Having regard with the above facts and circumstances of the case as well as the finding of the SPCB endorsed by the CPCB, the tribunal in the interest of justice, imposed a penalty of Rs. 10 lakhs against the appellant.


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