Amazon – NGT – Penalty for violation of Sewage Treatment Plant standards
The Haryana State Pollution Control Board (Board) passed an order dated 22.2.2024 and imposed Environmental Compensation (EC) of Rs.13,12,500/- for violation for the period of 70 days.
Amazon has established the fulfilment centre at Bilaspur, Haryana, for storage and delivery of goods to the respective customers. The manpower of approximately 1900 persons including employees, third party work force, venders, and other visitors.
The domestic waste water is generated from the domestic consumption. It is treated in Sewage Treatment Plan and treated waste water is used for gardening and flushing. STP has capacity to treat 10 KLD or more but less than 100 KLD.
On 9.12.2022, in the inspection of the unit, it was found that water samples were not meeting requisite criteria. Show cause notice was issued. On consideration of the reply, the order dated 22.2.2024 was passed imposing environmental compensation of Rs.13,12,500/-.
The contentions of Amazon in appeal were that on 9.12.2022, the plant was under maintenance, the sample was not collected as per rule and the samples tested by it from its sources were within prescribed limit. The action was initiated for imposition of EC for 32 days only, whereas, order was passed for 70 days.
HELD that counting of default period for levy of Environmental Compensation from 70 days from the date of sample taken on 9.12.2022 to the second reply of Amazon on 2.2.2023 is illegal. The default period has to be counted from 9.12.2022 to the date of first reply on 9.1.2023 of the respondent.
The Regional Officer recommended levy of Environmental Compensation of Rs.6 lakhs for 32 days i.e. from 9.12.2022 to the date of first reply on 9.1.2023.
The Environment Assessment Committee recommended levy of Environmental Compensation for 70 days from 9.12.2022 to 2.2.2023.
Order dated 28.5.2024 of National Green Tribunal, Principal Bench, New Delhi, in Appeal No.19 of 2024 of Amazon Seller Services Private Ltd Vs. Haryana State Pollution Control Board and another