AP Bulk Drug Industry- Utter Disregard to Rule of Law!

Restriction on Production Capacities

 

The EIA Notification of MOEF, GOI, stipulates that construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the Notification, entailing production capacity addition with change in process and or technology, shall be undertaken in any part of India only after the Prior Environmental Clearance from the concerned authorities.

 

The AP Pollution Control Board (APPCB), with a view to control the pollution load and its adverse impact on surface and ground water sources around Hyderabad, issued Notification of 14-10-1996, restricting the establishment /expansion of water polluting Industries in four districts around Hyderabad. In compliance with the Hon'ble Supreme Court interim orders dated. 12.05.1998 in W.P.N0.1056/90, the AP Govt. issued G.O.Ms.No 62 of 28-04-1999, making permanent the ban imposed by APPCB Notification, regarding the establishment /expansion of water polluting Industries -- Bulk Drugs, Pesticides (Tech), Dyes & Dye Intermediate manufacturing Industries- in industrial estates around Hyderabad.

 

Bulk Dug Industry- Utter Disregard to Rule of Law.

 

It is a well-known fact for years that the Bulk Drug Industry units located around Hyderabad,   in utter disregard to MOEF EIA Notification and AP Govt Ban Order, are indulging in manufacture of ' unconsented' products and stepping up of quantity of production without mandatory prior Environmental Clearance and leading to increased pollution load.

 

During one of those sporadic actions of APPCB in June/July 2012, the closure notice was served to 12 Bulk Drug Companies, whose manufacturing units located  around Hyderabad are indulging in manufacture of 'unconsented' products' and stepping up of quantity of production without mandatory prior Environmental Clearance and leading to increased pollution load.

 

Appellate Authority Order

 

 The AP State Appellate Authority, which was approached by the erring industries, is reported to have observed in its order "it was just and proper to suspend the impugned closure notice" and that the units could operate without any hindrance, but without producing 'unconsented' products.

 

 The surprising aspect of the Authority Order is that the units are permitted to complete production process of their current batch of drugs, including unconsented drugs, so as to save them from the likely irreparable losses. The authority also allowed the erring units the liberty to approach APPCB, in case they needed extra time to finish the current production batches, which shall be considered by APPCB.

 

 The Authority, which was concerned with likely losses of the Bulk Drug Companies, due to stopping the production process of unconsented (illegal) products, should have been equally concerned about the pollution load created by them and its adverse impact on Human Environment, Water Bodies and the well-being of the people. 

 

Bulk Drug Industry's Contempt to Society!

 

 While the Industry Associations are advocating the "Corporate Commitment (Responsibility) to Society", the AP Bulk-Drug Industry seem to be indulging in   manufacture of 'unconsented' (illegal) products, in utter "Contempt to Society"  by claiming that their pollution load has not increased despite increase in production quantity and introduction of new products. Even the Appellate Authority acknowledged the fact of violation of the provisions of EIA Notification, by ordering the erring units to stop manufacture of the "unconsented' products and also bring down their production capacity to permitted levels.

 

 The scrutiny of the past records may reveal  that some of the bulk drug manufacturing units around Hyderabad – Dr. Reddy Labs ,Aurobindo Pharma, Hetro Drugs, SMS Pharma, Krishna Parma, etc.- are known to be established violators of environmental Norms, Rules and Acts for the last one or two decades. Yet, they seem to manage without the penal action of any consequence, apparently with the patronage of the policy and decision makers from time to time. 

 

Myth of Pollution Load

 

The myth of the Pollution Load not increasing despite the increase in production quantity and introduction of new products, as claimed by the industry, can easily be countered by analyzing and monitoring the material balance, water balance etc. of the production process periodically. This can be done effectively, only if the consumption / utilization data is correctly metered / measured and recorded and submitted in "Form V -  Environmental Statement  for the Financial Year ending 31 st March,"  in accordance with Rule 14 of The Environment (Protection) Rules 1986 

 

In order to have energy and resource efficient process that minimizes both inputs of energy and materials and outputs of waste products and pollutants, the Environmental Clearances to be granted for various products,  may consider stipulating quantum of consumption of energy, water, solvents, materials etc. and generation of waste products and pollutants for production of unit of final product .

 

Lack of Consistent & Effective Action By APPCB

 

Unfortunately the APPCB seemed to have remained a helpless onlooker, while the Bulk Drug industries of international repute, violated the ban order, by producing bulk drugs far in excess of Types/Numbers and Quantities permitted prior to 01-01-1997 the effective date of the Ban, by changing the product mix, out sourcing the intermediate products etc. .This could have easily been detected and stopped well in time by effective regular monitoring of the production data and initiating deterrent Penal Action against the erring units.

 

In accordance with sub-section 15 (1) of The Environment (Protection) Act, 1986 , whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued there under, shall, in respect of each such failure or contravention , be punishable with imprisonment for a term which may extend to five years or with fine which may extend for one Lakh rupees, or with both.

 

It is not understood why APPCB continues to go through the routine of issuing closure notices to repeatedly erring units instead of initiating penal action under sub-section 15( 1 ) of Environment ( Protection) Act 1986 ?