This story is from July 5, 2019

Chennai: Vedanta alleges gypsum leak in Sterlite unit

Vedanta on Thursday alleged gypsum pond leak in its copper smelter unit in Tuticorin and blamed the state government and the Tamil Nadu Pollution Control Board (TNPCB) for not taking action to ensure that the gypsum overflow does not cause any pollution, despite warning by Sterlite.
Chennai: Vedanta alleges gypsum leak in Sterlite unit
Noting that on the day of closure, gypsum remained at the Sterlite plant, Aryama Sundaram said, once it collects moisture, it should be pumped out to avoid pollution.
CHENNAI: Vedanta on Thursday alleged gypsum pond leak in its copper smelter unit in Tuticorin and blamed the state government and the Tamil Nadu Pollution Control Board (TNPCB) for not taking action to ensure that the gypsum overflow does not cause any pollution, despite warning by Sterlite.
“Failure to attend the issue by the government and TNPCB indicates that either gypsum is not a pollutant or that even if it’s a pollutant, Sterlite is not responsible as it is not in control of the unit since its closure,” senior counsel Aryama Sundaram representing Vedanta said.

Noting that on the day of closure, gypsum remained at the Sterlite plant, Aryama Sundaram said, once it collects moisture, it should be pumped out to avoid pollution. However, Vedanta was not allowed to do the work because of political stand that they would not be allowed access to the factory.
When the government itself appears to not be concerned about the gypsum leak issue, can gypsum be cited as a polluting material for shutting down Sterlite, Sundaram said. When the government feels it is so polluting, what did the authorities do about the situation, he added.
Until October 2014, there were no regulations restricting use or storage of phospho-gypsum. Thereafter, it became a regulated field. Once it becomes a regulated field, unless it is shown that there is a violation of regulations, Sterlite cannot be penalised, he argued.
“I ask myself which of the 2014 regulations Vedanta violated. There is not even a whisper - not in the order, not in the pleadings of the government,” Sundaram said. He added that from 2013 to the date of closure, Sterlite has not received even one notice from TNPCB stating that it is not complying with the guidelines.
Recording the submissions, a division bench of Justices T S Sivagnanam and V Bhavani Subbaroyan adjourned the hearing to July 5.
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