KARACHI, Jan 23: The Sindh Environmental Protection Agency (Sepa) has decided to enforce an environmental protection order (EPO) issued past year in May against a particle board factory in Kotri Industrial area as the order has been validated by the Sindh environmental protection tribunal recently.

According to sources in the provincial watchdog, authorities were adamant to get the operation of the factory blamed for causing environmental pollution and nuisance in the area for years closed at the earliest.

In this regard the director general of Sepa, Naeem A Mughal, on Saturday issued a letter to the owner/director of the factory, directing to comply with the judgment of the environmental protection tribunal and the contents of the EPO of May 17, 2010, passed by Sepa, exercising the powers under Section 16(2) of the Pakistan Environmental Protection Act, 1997.

The EPO was issued by the director general in view of complaints from the general public and industrialists and on the basis of a report prepared by the Jamshoro district and session judge and follow-ups.

However, the factory filed an appeal against Sepa, praying for dismissal of the EPO of 2010.

The environment protection tribunal in its order passed on January 20, 2011, observed that in view of the discussions it was evident that the appellant mill had a chequered history and was involved in causing pollution in the past.

“As in 1999 first complaint of one Sardar Yar Muhammed Rind had come on record and since then there are not only complaints of individuals but different associations and forums had been complaining but the appellant mill till today has not taken sufficient measures to control the pollution.

“It is rather the case of appellant that bagasse is stored in open place and is covered with plastic sheet. Admittedly this storage of baggasse is in the form of heaps up to 12-15ft high.

“This attitude of appellant mill is a classic example of high handedness and cannot be given protection.

“Not only these but there are letters, visit reports, show cause notices and even earlier EPO dated 01.12.2008 which have not been complied with till today by the appellant mill. Thus in these circumstance the appellant mill cannot take the stand that no personal hearing was given to them for treatment of the environmental issues, admittedly the appellant has no case of merit.

The tribunal in its order said that the EPO dated May 17, 2010, had rightly been issues against the appellant mill and therefore the tribunal did not find any reason to interfere with it and thus the appeal in question was dismissed with costs.

A source in Sepa said that the authorities had reminded the factory that it should comply with the validated EPO, which called for a halt of the factory operation instantly in the larger public health interest.

Section 16 of Pepa, which provided grounds for the issuance of the EPO, says “where the federal (environment) agency or a provincial agency is satisfied that the discharge or emission of any effluent, waste, air pollution or noise, or the disposal of waste, or the handling of hazardous substance, or any other act or omission is likely to occur, or is occurring or has occurred in violation of the provisions of this act, rules or regulations or the conditions of a licence, and is likely to cause and adverse environmental effect, the federal agency or, as the case may be, the provincial agency may after giving the person responsible such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order direct such person to take such measures that the federal agency or provincial agency may consider necessary within such period as may be specified in the order.

The Sepa in its EPO had asked the owner/director of the factory with its head office in Karachi for an immediate stoppage of the production process of the factory to save human health in the area and environment from further damage.

Sepa has requested the district police officer of Jamshoro to provide police assistance for implementation of the EPO, while managing director of SITE concerned has also been informed to ensure the closure of the factory in question.