TMI Blog1999 (7) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... ure that the particulate matter emission does not exceed the prescribed limit of 150 mg/Nm3 under the rules made under the EP Act. (iii)The vehicles on which the resurfacing material is transported shall be loaded and unloaded in the presence of the security staff of the IGI Airport who shall constantly escort these vehicles to and from the hotmix plants to the work site at the IGI Airport and back so as to rule out the possibility of any security risk. (iv)The hotmix plants shall be operated for a period of one year from the date on which these are installed or till the resurfacing of the runways is done and completed, whichever is earlier. If any problem in managing the hotmix plants, at the distance indicated above or in the transport of the material or maintenance of its temperature is felt by the Airports Authority of India, it will be open to it to approach this Court for any further directions or modification of the above directions. - IA NO. 642 OF 1999 IN I.A. NO. 22 IN W.P. (C) NO. 4677 OF 1985 - - - Dated:- 22-7-1999 - S. SAGHIR AHMAD AND M. JAGANNADHA RAO, JJ. ORDER S. Saghir Ahmad, J.- Hotmix plants which were treated as hazardous industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he hotmix plants have been shifted to areas outside the vicinity of Delhi and have stopped functioning as such within the State of Delhi from 28 February, 1997. The said plants which have now been installed outside the city of Delhi are at a minimum distance of 25 kilometers from IGI Airport. Such being the length of the distance, it will be difficult to maintain proper quality of premix material and the same may not be useful at all for laying at the runway site. At the same time, very huge quantity of hotmix material is required approximately 2,50,000 tonnes. For transporting such a huge quantity of hot premix material for laying it at the runway, over 100 number of trucks shall be required to be deployed per day. It is impossible to deploy 100 trucks every day considering several road and traffic restrictions for the movement of heavy duty trucks during day time. As such, it has become next to impossible to have resurfacing of the runways which have become completely worn out and owing to several cracks in them which have recently developed it may become well-nigh impossible to receive and handle any aircraft traffic whether domestic or international. 6. In such circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Control Board shall, at all times, exercise, control and supervision over, the hotmix plants, so that there is no deviation from the prescribed limits of pollutants; ( vii )that the hotmix plants shall be used only for the purpose of preparing premix material for the resurfacing of runways and for no other purposes." 4. In the additional affidavit, dated 1-4-1999, it was stated as under : (1)I say that for the resurfacing and strengthening the main runway, secondary runway and parallel taxi track, the applicant Airports Authority of India requires to put up four number of hotmix plants of 100-120 tonnes per hour capacity. (2)Two of these hotmix plants will be set up at one location while the remaining two will be set up at another location. The hotmix plants shall be fitted with the pollution control device conforming to international standards and also the device which meets all the requirements of Central Pollution Control Board, Government of India. (3)The hotmix plants proposed to be set up are also of international quality and this technology is used the world over including the USA. (4)The hotmix plants have to be set up immediately in view of the fact that cra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tmix material from a hotmix plant to a project site does not matter as much as the time it takes to travel this distance. The allowable time from plant to project site depends on several factors, including : (1)the outside temperature : The allowable time is much less in cold climates in winter than in hot tropical climates (such as India); (2)the type of truck and truck covering : you can greatly extend the allowable time by covering the hotmix material with a tarp or by using an insulated truck bed; (3)the type of aggregate used : hotmix asphalt is a mixture of two materials : asphalt and aggregate. The two most common aggregates used in the production of hotmix plant limestone and river bed gravel. If you use the former (limestone), the allowable time from plant to project site is a little less, because the limestone absorbs some of the asphalt, reducing the quality of the hotmix material. You can overcome this, however, by using a greater ratio of asphalt to limestone aggregate. Regardless of these factors, Mr. Tahmoressi thinks there would be no problem whatsoever to transport hotmix material a distance of 20-25 kilometers from plant to project site. This is not a very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enormous quantities of dust particles. As the drum rotates, it causes the dispersion of very small particles of stone (dust). 7. That United States Environment, Protection Agency (US EPA) has, from time to time, issued notices to the hotmix plants for causing health hazard. These notices state that emissions from hotmix plants can impair lung function, especially, among children and the elderly. Some of the instances are as follows : (i) EPA CITES BUCKO FOR CLEAN AIR ACT VIOLATION; INCLUDES $ 43,000 Fine US Environmental Protection Agency (EPA) Region 5 has recently filed an administrative complaint against Bucko Construc-tion Co. for an alleged clean-air violation at the company's hot-mix asphalt plant, 890 Chase St., Gary, IN. A $ 43,000 penalty is proposed. Inhaling high concentrations of particulates can affect children, the elderly, and people with heart and lung diseases the most. EPA's goal is to protect public health and the environment, and we will take all necessary steps to ensure compliance with clean-air regulations, said David Kee, Director of the Regional Air and Radiation Division. (Source: http://www.epa.gov/reg500pa/news98/38opal76.htm). (ii) EPA CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturing 2,50,000 tons of hotmix, it is necessary to obtain clearances from the Ministry of Environment under Environment Impact Assessment Notification, 1994. Setting up of new industries requires site clearance and other permissions and consent from the authorities under the law." 7. The applicant has filed an additional affidavit in view of the Court's order, dated 6-4-1999 in which it was stated as under : "5. It is further submitted that this Hon'ble court by its order, dated 6 April, 1999, has directed the applicant Airports Authority 'to file a better affidavit indicating the modern technology which would be employed for commissioning the hotmix plant and the pollution control device which would be utilised for running the hotmix plant coupled with expert opinion'. It is submitted that the applicant applied to the Director General, Ministry of Surface Transport, for its expert opinion in respect of pollution control device that may be installed in the use of hotmix plants. The Ministry of Transport which is the highest expert body for road works has, by its letter dated 18 April, 1999, a true copy of which is annexed as ANNEXURE A-2, informed the applicant that ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hi Pollution Control Committee about the norms prescribed by the Air (Prevention and Control of Pollution) Act, 1981, in respect of hotmix plants ha ve been informed that no norms, standards or guidelines have been prescribed for the installation of the hotmix plants under the Air Act of 1981. In fact, the Haryana State Pollution Control Board in their letter dated 24-6-1997 addressed to Environmental Engineer, Regional Office, Faridabad, has, inter alia , stated as follows : "The Air (Prevention and Control of Pollution) Act, 1981, came into being in the year 1981; but since then norms/standards for the installation of hotmix plants and guidelines of settling criteria for the installation of hotmix plants have not been laid down for implementing the provisions of the Air Act, for controlling pollution of the hotmix plants." 10. It is submitted that insofar as applicants are aware, no norms, standards or guidelines are prescribed either by the Air (Prevention and Control of Pollution) Act, 1981, or under the Environment Protection Act, 1986, and this position has been confirmed by the Haryana State Pollution Control Board in their said letter, dated 24-6-1997 addressed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant to set up hotmix plants within the vicinity of IGI Airport. This is a fallacious argument leading to a prevented [perverted?] inference. 13. It is true that the distance of Gurgaon border is 8 kms. from National Highway No. 8. However, hotmix plants are not allowed to be set up at the very border of Gurgaon. Further, the Airport gate (Terminal II) is not situate at the very national Highway 8 junction. The distance of Terminal II gate from National Highway junction is a further distance of 8 kms. from National Highway junction. In addition, the distance inside the Airport upto the site of work is 6 kms. Thus, the distance between the nearest point of Gurgaon border from the sites of work is at least 22 kms. in the event of the hotmix plant is set up at the very border of Delhi and Gurgaon. It will be ludicrous to expect that the applicant will be allowed to set up the plant at the very border of Gurgaon or even in the midst of city. The total distance of the nearest existing hotmix plant in village Silana, District Jhajjar, Haryana, is 78 kms. The distance was checked by sending the office vehicle with one of the officers of AAI who left the airport at 11.30 A.M. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f hotmix as well as for laying and completing the mix. Therefore, the work on runway pavement cannot be managed from any far away located HMP. The work of runways cannot be compared to roads and highways where traffic loads are much less and slight variation in quality does not cause problems to the vehicular traffic, whereas on runways, even a single piece of stone aggregate can play serious damage to the aircraft engine. Moreover, much of the work will be done during the winter months from November to February. If the distance to be covered is between 45 to 70 kms. by trucks, then the temperature of the hotmix material is bound to fall below 120 degree C making it unfit for the purpose of laying and strengthening the runways." 10. The Airports Authority of India also cited the example of similar work being carried out at the Mumbai Airport. It was pleaded : "16. That the Airports Authority of India have carried out strengthening/ resurfacing of main runway 09/27 at Mumbai Airport by installing 2 Nos. of hotmix plants of capacity 120 tonnes per hour adjacent to the airport. The applicant submits that this is the only technology available for the resurfacing of runway when th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
