Penalty of Rs 80 lakhs imposed upon thirteen fish meal and fish oil production units of Mangaluru

National Green Tribunal (NGT): NGT has imposed heavy penalty upon thirteen industries located in Ullal Taluk, Dakshina Kannada District, Mangaluru, for having operated the fish meal and fish oil production units without taking adequate pollution control measures. A penalty of Rs 8 lakhs each was imposed upon five fish meal and fish oil manufacturing units where as Rs 5 lakhs each were slapped upon the rest eight fish meal and fish oil manufacturing units under the “Polluter Pays Principle”. The local residents who filed the application before NGT alleged that the respondent industries which were located in an ecologically fragile area emit Sox, Nox, CO, dimethylamine, triethylamine and hydrogen sulphide molecules and particulars from boilers, which were so extreme that it remains in the cloths even after several washes. Malodour comes from the raw material in the manufacturing process i.e., fish and from the wastewater sludge. The sludge generated from various stages of production has high level of organic matter contains traces of ammonia, phosphorous, nitrogen, dimethylamine and triethylamine resulting in change in aquatic environment by disrupting natural movement and migration of aquatic populations. A number of chemical compounds were formed during the bacteriological decomposition of the fish before it is cooked, which are volatile and if discharged without treatment they cause pollution to the marine environment.  After perusal of material on record, NGT observed that inspection reports of officials of Karnataka State Pollution Control Board (KSPCB) showed that Common Effluent Treatment Plant (CETP) of the Units suffered from various shortcomings and was not properly maintained. Even after a number of notices from KSPCB, defects of CETP were not rectified. “The respondent fish meal and fish oil manufacturing units indulged in negligence, violated the pollution control norms thereby causing pollution to the adjacent estuary waters by discharging untreated effluents and also caused nuisance and health hazard to the nearby residents by emanating malodour and stench. Inspite of repeated notices and directions given by various authorities they did not mend their ways and continued to operate the units in utter disregard of the environmental concerns. It is pertinent to note that the KSPCB itself on several occasions found that the respondent industries have failed to establish the CETP inspite of several directions issued from time to time. And even after installation of CETP it was not properly maintained. We, therefore, feel that it is a fit case to invoke the ‘Polluter pays’ principle against the respondents,” NGT noted in its order and slapped fine upon the thirteen fish meal and fish oil production units. NGT also imposed an amount of Rupees Twenty Five lakhs upon Fish meal and Fish oil Manufacturers Association for utter negligence and violation of standards in operating the CETP thereby leading to releasing of untreated effluents into the adjacent sea and causing pollution inspite of giving a number of opportunities to rectify the CETP. While concluding the judgment, NGT directed KSPCB to continue to monitor the units and do not allow them to operate unless the CETP is made to function by meeting all the required standards and all the individual units install the deodorisers and evaporators and make them fully functional. [Mohd. Kabir v. Union of India, Application No. 261 of 2014 (SZ), decided on July 8, 2016]