New Delhi, (India), Mar 23, 2012 - After detection of traces of heavy metals like lead and cadmium in discharged effluent samples of Coca-Cola's Jalpaigudi plant, the National Green Tribunal has said the metals Òmay also be presentÓ in the factory's product and has expressed concern over the possibility.
The tribunal has asked the Central Pollution Control Board (CPCB) to collect and analyse the samples of discharged effluent from the plant before the renewal of the consent to operate the plant, saying the nod would depend upon the CPCB report.
The NGT, however, allowed Hindustan Cocacola Beverages Pvt Ltd's plea and quashed West Bengal Pollution Control Board (WBPCB) order dated May 2, 2011, which had directed the soft drink manufacturer to deposit Rs five lakhs towards Òpollution costÓ along with a bank guarantee of a like amount as surety for compliance with environmental standards.
ÒBefore parting, we feel it proper to express our concern with regard to the presence of heavy metals such as lead and cadmium in discharged effluent. Presence of said substances in the effluent would finally contaminate the environment, and shall cause hazards to human life.
ÒIt appears, no steps, howsoever has been taken by the WBPCB or by the Appellant to trace out the source of such heavy metals found in the effluent. It is quite possible that
heavy metals/ lead and cadmium etc. may also be present in the products.
ÒWe, therefore, direct the WBPCB as well as the appellant (Coca-Cola) to conduct analysis of the water and raw materials used for the purpose, and not only detect the source but also take appropriate steps for eradicating the same so as to avoid any adverse health impacts,Ó a bench of NGT headed by Acting Chairperson Justice A S Naidu said.
The bench, however, quashed the May 2011 order of the WBPCB saying the same was ÒsilentÓ about the analysis report of the specimen collected in December 2010, which satisfied the prescribed standards.
ÒIn view of the discussions made above, we allow the appeal and set aside the direction dated May 2, 2011 of the WBPCB and call upon the respondent to proceed in accordance with the law.
ÒWe also direct the CPCB, New Delhi and its zonal office at Kolkata, West Bengal to collect the effluent discharged from the appellant's plant as per the paraphernalia laid down under law, analyse the same in all aspects, particularly with regard to the presence of heavy metals (lead and cadmium etc) and prepare a report,Ó the bench said.
ÒThe renewal of the consent to operate the plant would be dependent on the report of the CPCB,Ó it added.
The WBPCB had collected samples of discharged effluents from the plant in August and October 2010 and had issued a show cause notice to the company after finding that various pollutants within the samples were not within the prescribed limits.
The company had filed its response and assured it to comply with the standards fixed by the board.
Later on December 29, 2010, the WBPCB had again collected the samples of discharged effluents, which Òsatisfied the standard prescribed and there was no violationÓ.
The state pollution board, however, passed an order on May 2, 2011 directing Coca-Cola to Òensure continuous and smooth functioning of the pollution abatement system in all its unit operations and comply with the environmental standardsÓ.
It asked Coca-Cola to submit an action plan for compliance of Òthe liquid effluent discharge standardÓ within 15 days and asked it to deposit the pollution cost and bank guarantee of Rs five lakh each.
The May 2, 2011 order of the WBPCB was challenged by the company before the green tribunal.
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