PANAJI: The Goa State Pollution Control Board (GSPCB) has revoked the consent to operate granted to South West Port Ltd (SWPL), a subsidiary of JSW Infrastructure, under the Air and Water Acts with immediate effect.
The order to withdraw the consent was taken at the meeting of GSPCB after it was found that SWPL had exceeded the limits of its coal handling operations, not before giving the company an opportunity to be heard.
SWPL has been directed to suspend the handling of coking coal and coke except to handle and transport the existing cargo within 15 days from the receipt of the order.
"The 15 day period is being granted in order to enable SWPL to transport the existing cargo lying at berth Nos 5A and 6A in a phased manner. The handling during this 15-day period shall be done under the supervision of a nominated officer of the Board who shall ensure that adequate pollution control measures are adopted by the South West Port Ltd during the period," the Board noted in its order.
The Board had issued a show cause notice on November 30 to SWPL asking it why the consent to operate for handling coking coal, coal, limestone and steel should not be revoked for handling coal in violation of the conditions as contained in the consent to operate and for submitting false data. The Board had also asked SWPL to why their bank guarantee of ₹5-lakh should not be forfeited.
After initially seeking and being granted an extension in the time to reply to the show cause notice, SWPL submitted before the Board that it has adequate pollution control measures to prevent and avoid any pollution and that the readings establish that their operations are well within the permissible limits for pollution.
SWPL also contended that "any operations carried out beyond the purported permissible limits of handling coal does not ipso facto determine that the same is causing pollution beyond the prescribed permissible pollution limits."
SWPL has also claimed that the Board has to draw up conclusions that the operations have been causing pollution else the exercise of powers is without jurisdiction and other claims.
The Board was intimated of the excess handling of coal after receiving an email from Mormugao Port Trust in which MPT submitted the details regarding berth wise traffic handled from April 2016 to March 2017 in respect of all the operational berths at MPT including berth No. 5A and 6A operated by South West Port Ltd.
The data provided by MPT revealed SWPL handed a total of 10.112 million metric tons (MMT), though the consent order permitted them to handle only 4.125 MMT of coke during the year 2016-17 indicating an excess amount of 5.987 MMT of coal during that year.
But SWPL in its filings before the Board had claimed that they had handled a total of 6.01 MMT of coal during the same period which is conflicting with the information provided by MPT.
The Board in its findings noted that SWPL had not disputed that it had indeed handled excess coal to the tune of 10.112 MMT during the year 2016-17 and that it had not complied with the limits as stipulated in the consent orders leading for the Board to conclude that it was a ‘gross violation' of the conditions of the consent.
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MPT remains mum,
awaits copy of order
Mormugao Port officials refused to immediately comment on the developments saying that they would react only once they receive a copy of the order.
When contacted for comments on the matter, MPT Chairman I Jeyakumar told The Goan: "I am yet to receive the order copy and only then can I divulge more details."
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MPT's illegal coal handling at
mooring dolphin shut down
PANAJI: The Goa State Pollution Control Board has asked Mormugao Port Trust to cease handling of coal at a mooring dolphin after it was found that the handling of coal was being carried out without the Goa State Pollution Control Board's consent to operate.
The management of Mormugao Port Trust was directed to show cause as to why stringent legal action, that includes initiation of criminal prosecution and suspension of all operation of coal and dusty cargo handling activities at the port area, should not be directed to be suspended till time MPT obtains the consent to operate for the operation of mooring dolphins, transhippers and any other activity carried out by the port.
After deliberations, the Board decided that as MPT continued operation at the facility without the consent of the Board as mandated under the Water Act and the Air Act, they cannot be permitted. "As at present there are no pollution control measures being adopted, and that MPT had itself submitted that they have no pollution control measures at the mooring dolphin, it was directed to first suspend the coal handling activity at the mooring dolphin facility with immediate effect," the Board noted.
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BY ORDER OF THE BOARD
* The 15 day period is being granted in order to enable SWPL to transport the existing cargo lying at berth Nos 5A and 6A in a phased manner
* The handling during this 15-day period shall be done under the supervision of a nominated officer of the Board
* The officer shall ensure that adequate pollution control measures are adopted by the South West Port Ltd during the period
