Chennai: Sterlite Copper, a unit of Vedanta Limited, plans a legal battle against the recent closure order issued against the industry in Thoothukudi by the state government.
When an appeal filed by Sterlite Copper challenging TNPCB’s decision not to renew the Consent to Operate of its plant in Thoothukudi, came up for hearing before the appellate authority, Tamil Nadu Pollution Control Board (TNPCB) on Wednesday, counsel for Sterlite asked the appellate authority to conduct the proceedings. He said that government issued a G.O. dated May 28, 2018 directing the TNPCB to seal the unit and close the plant permanently. This order was based on TNPCB’s earlier order and other similar orders. All these orders are interconnected. According to government, the TNPCB order was passed following an inspection conducted by TNPCB officials of the unit in Thoothukudi.
The counsel denied any such inspection. Hence, he sought the appellate authority to conduct a hearing on the appeal and sought time to submit an affidavit.
Appearing for the TNPCB, additional advocate general Arvindh Pandian submitted that the Consent to Operate issued to the smelter unit expired on March 31 and was not renewed. Meanwhile, the industry was preparing to operate the unit, a violation of the norms of the board. He said that the application of the unit for the issue of renewal of consent for the years 2018-2023 through the online consent monitoring and management system was rejected for non-compliance of certain norms. The unit had not removed the copper slag dumped/stored along the river Uppar and patta lands which were obstructing water flow. The authorization issued to the unit on July 10, 2008, expired on July 9, 2013, but the unit continues to generate and dispose of the hazardous waste.
During the inspection conducted on February 22, 2018, the unit had been directed to construct a gypsum pond as per CPCB guidelines.
But the unit had not done this till March 31, 2018. On April 12, 2018 the Board directed the unit not to resume its production operation without obtaining prior approval/renewal of consent from the Board. Instead of rectifying the compliance, the unit had preferred an appeal before the TNPCB Appellate Authority.
On May 23, 2018 the Board issued a direction for closure and disconnection of power supply to the unit since the unit was carrying out activities to resume its production operation as against the direction issued by the TNPCB dated April 12, 2018.
The Environment and Forest Department issued a GO on May 28, 2018 , endorsing the closure direction issued by the Board and directed the TNPCB to seal the unit and close the plant permanently. Accordingly, the Board, on May 28, 2018, issued a direction to the District Collector, Thoothukudi to seal the unit. Arvind Pandian stated that the closure order was issued as per the provisions of the directive principles of state policy and in view of public interest.
Agreeing with the contention of the TNPCB, MDMK leader Vaiko, who also filed an intervening petition, also sought to dismiss the appeal as infructuous in view of the closure order issued by government.
The bench comprising Justice T Sudanthiram, chairman, Dr V.N Raidu and Jayakumar T.C Ethiraj, technical members of the Appellate Authority said that in view of GO passed by government directing TNPCB to close the plant permanently, they did not feel it appropriate to hear the appeal and decide it at this juncture. Hence, the appeal was adjourned to July 10.
