epc

ENVIRONMENT & POLLUTION CONTROL

Power Management InstituteNoida

IG/13(Restricted Circulation Only)

CONTENTS

S.NO. TITLE Page Nos.

PART – I

1. Site Selection for Thermal Power Project. 1

2.Procedure for Selection of site for Thermal Power

Project for EnvironmentalClearance.4

3.Environmental Impact Assessment for Thermal Power

Project.14

4. Air Quality Monitoring & Control. 23

5. Water Pollution & Control. 35

6. Ash Disposal System. 53

7. Ecological Aspects of Thermal Power Project. 62

8. Environmental Appraisal for Thermal Power Projects. 68

9. Environmental Guidelines for Thermal Power Plants. 89

10. Afforestation and Environmental Improvement. 98

S.NO. TITLE Page Nos.

PART – II

1. The WaterAct-1974. 1

2.The water (Prevention & Control of Pollution) Amendment Act, 1988.

46

3. The Air (Prevention & Control of Pollution) Act, 1981. 60

4.The Air (Prevention & Control of Pollution) Amendment Act, 1987.

97

5. The Environmental Protection Act, 1986. 107

6. Notification under EP Rules 1986. 123

7. Effluent standards 1988. 138

8. Notification for emission standards 1989. 146

9. Notification for Ambient Noise Standards. 148

10. Notification of slack Height 1990. 150

11. Notification for Coastal Regulation Zone. 165

12. Forest Conservation Act, 1980. 178

13. Forest (Conservation) Amendment Act, 1988. 184

PART I

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INTRODUCTION

Electricity is essential to maintain and enhance our Nation’s social and economic well being. Already, there are pressures on the natural resources and the pressures will

continue to grow with the steady population growth. Electric utilities want to site a plant on land accessible by road or rail, close to a large water source that will be as near aspossible to the load centre and the coal source. The DOEn and PCBs may fear theintrusion of the plant on the environment and its impact on ecology. The local interest

groups which want the plant’s power output may not for various reasons want the plantin the vicinity or on a particular location.

This dilemma could lead to delays which could greatly enlarge our Nation’s already acute energy crisis.

In the past the principal factors for siting a plant were engineering and economics and all of us were willing to accept these principles. The economics of plant location covered mainly the plant’s proximity to the coal source and the distance to the load centre. Also, there had to be a suitable foundation on adequate water supply, and adequate

transportation facilities. Now, attention is being focussed on the environment. All of us recognize the need to protect the environment and will have to orient our site selection methodology to minimize degradation of our environment.

ENVIRONMENTAL CONSIDERATIONS

The DOEn has issued ‘Environmental Guidelines for Thermal Power Plants’.

Unfortunately, where there is water there exist either forests, or prime agricultural land, or is in the flood plain. Further, areas close to major water sources tend to be fairly well populated and it is not desirable to displace significant number of people. Also, officially

designated forest lands comprise of more than 30 percent of India. Thus, potential sites, which are acceptable to DOEn, are going to be very rare. While every effort to follow the

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guidelines, is being made by utilities. DOEn should appraise the sites on a case-by-casebasis. For instance, there are large areas, which are designated as forests but have no

trees. Perhaps these areas could be considered, with adequate reforestation proposals.

Again, many of the adverse environmental Impacts can be satisfactorily mitigated by engineering. Examples are high efficiency electrostatic precipitators for particulate

control in ambient air, and cooling towers with properly designed diffusion systems for thermal discharge control. A site must be selected or rejected on it s specificcharacteristics. And here, the role of well prepared environmental impact assessment as

a decision making tool cannot be underplayed.

SITE SELECTION METHODOLOGY

One of the problems we are facing today is that sites. for the projects being proposed now, were identified many years ago. Environmental criteria were non-existent and therefore, many of these sites are not acceptable today. We are, thus, placed in an

unviable position where we are trying to defend these sites as environmentallyacceptable. We will, therefore, have to start afresh.

The Central Electricity Authority (CEA) could identify general areas or States where power plants would be required during the next 50 years. Naturally, the National Policies and Demands would be considered during the selection of these areas or States.

When this information is available, individual utilities will be responsible for specific site selection in these areas. The utilities will identify a team for site selection andinvestigations. The team will consist of power engineers and environmental specialists at

a fairly senior level, and will involve State administrative, and DOEn/PCB officials in the site selection process.

Survey of India topographic sheets can then be studied in detail and identify the exclusion areas, where plants cannot be located due to engineering, economic, orenvironmental reasons. Further, several potential sites can be identified on thetopographic maps for further studies.

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Available information on the potential site can then be obtained. Such information will include geological characteristics, land use patterns, stream flow, aquifer characteristics,

water quality etc. Normally, this information is available with the different Government agencies. A wealth of information can be had from satellite photographs, which are available with the Indian Space Research Organization. Ahemdabad.

Based on this exercise, the potential sites are narrowed down to say five or six.

An aerial reconnaissance survey is now in order. The site selection team can view the

potential sites from low flying aircraft. While this exercise is not inexpensive toexperienced power and environmental engineers, the benefits are immediate. Two or three of the best sites can now be selected.

At this state, field surveys and investigations can be initiated. Feasibility, including EIA studies can be conducted and the reports prepared. This procedure will ensure the availability of sites, acceptable from all angles, when needed. Further, the lead time

necessary for environmental clearance will be reduced by at least 18 months, even more if the DOEn has been involved in the selection procedure.

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INTRODUCTION

The Ministry of Environment and Forest (MOEF) has issued “Environmental Guidelines for thermal power project” in which criteria and other requirements have beenprescribed. MOEF while reviewing the FR have insisted for changing the location of sites

for some of the proposed projects due to non-adherence of some of the criteriastipulated in the guidelines. This is resulting in delay in clearance of the projects. It is, therefore, necessary that the following procedure is adopted while preparing the FR for

all new projects (both coal and gas) in order to avoid delay in environmental clearance.

PROJECT SITING CRITERIA OF MOEF:

(Ref. Environmental guidelines for TPP 1987 issued by MOEF)

Location of thermal power plants should be avoided within 25 kms. of the outerperipheries of the following:

• Metropolitan cities;

• National parks and wild life sanctuaries; and

• Economically sensitive areas like tropical forests, biosphere reserves, National Parks and Sanctuaries, important lakes and coastal areas rich in coral formations.

In order to project the coastal areas above 500m of HTL a buffer zone of 500m should be kept free of any TPS.

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The (chimney) should not fall with the approach funnel of the runway of the nearest airport.

The site should be at least 500m away from Flood Plain of the Riverine Systems.

The site should also be at least 1/2 km. away from highway.

Location of TPS should be avoided in the vicinity (say 10 km) of places ofarchaeological, historical, cultural, religious or tourist importance and defense

installations.

The TPS should be surrounded by an exclusion zone of 1.6 km. and located on the

leeward side of the exclusion zone with respect to the predominant wind direction. Residential/commercial development should be regulated in the exclusion zone on the basis of strict land use zoning.

No forest or prime agricultural land should be utilised for setting up of TPS or for ash disposal.

PROCEDURE TO BE FOLLOWED FOR SITE SELECTION, PREPARATION FOR FR AND EIA REPORTS.

Initially various alternative locations for the project should be selected based on the

information available from –

• Toposheets

• Forest Map

• Census Report

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INFORMATION COLLECTION

For further shortlisting of the alternative locations to meet the criteria laid down by MOEF

in their guidelines, informations are to be collected in details as indicated below. The groups responsible and groups to be associated for identifying each of the item is indicated. The area within 25 km. radius from the location of proposed site(s) is to be

covered under study.

Sl. No. Description Source ofInformation

GroupResponsible

Group to be associated

1. Details of Metropolitan Cities

DistrictCollector

New ProjectGroup (ES)

Env. Engg.(ES)

2. Details of NationalPark and WildlifeSanctuaries

Dist. Forest Deptt.Wildlife Board, MOEF

Env. Engg.

3. Details of Ecologically Sensitive areas like tropical forests, biosphere reserves, national parks and sanctuaries, important lakes and coastal areas rich in coral formations.

State Forest Deptt.Wildlife Board MOEF NIO,Goa.

Env. Engg.

4. High Tide Level data forcoastal locations

State Port &Harbour Deptt.NlO Goa

New ProjectGroup

Env. Engg.

5. Details of existing/proposed Airports/ Airstrips

NationalAirportAuthority

New ProjectGroup

-

6. Details of flood plain of the Riverine System

StateCirrigarionDeptt.

New ProjectGroup

-

7. Details of State Highways DistrictCollector

New ProjectGroup

-

8. Details of the following within 10 km. Radius of theproposed location (s).

- - -

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8.1 Places of Archaeological importance

ArchaeologicalSociety of India

New ProjectGroup

-

8.2 Places of HistoricalCultural Religious or Tourist importance.

Dist.CollectorDistt. TouristOfficer.

-do- -

8.3 Defence installation -do- -do- -9. Broad Classification of

land in the project area with emphasis on forestland/prime agricultural land involved.

District RevenueOfficer

New ProjectGroup

Env. Engg.

10. Approximate number ofpersons likely to beaffected and no. of houseslikely to be acquired.

District RevenueDeptt./ CensusBook & localenquiry

Env. Engg.

11. In line with the circular issued by DOP, the representative of MOEF should be requested to visit the short listed sites.

New ProjectGroup

Env. Engg.

12*. Investigation andpreparation of FR

District RevenueDeptt./ CensusBook and local enquiry.

New ProjectGroup

Env. Engg.

13*. EIA Studies and socio-economic survey

New ProjectGroup

Env. Engg.

* Note Action for these items shall normally be initiated only after the proposed site is cleared in principle by MOEF.

Information related to a particular site needs to be collected as per Annexure-I for Techno-Economic Evaluation and short listing of alternative locations prior to putting

upto MOEF for the in principle clearance of the project.

OTHER RELEVANT INFORMATION

In addition to information stated under item no. 3.1 to 3.5 the following data which are often sought by MOEF during appraisal should also be collected after the location is cleared in ‘principle’ by MOEF.

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Sl.No.

Description Source of Information

GroupResponsible

Group to be associated

1. Coal Linkage, Clearance and execution status of the linked block

Deptt. Of Coal/CoalIndia/ConcernedCoal Company

Coal Coordn. Group

New project Group

2. Water availability and commitment including effect on other down stream beneficiaries

State Irrigation Deptt./ State Govt.

New project Group

-

3. NOC from State Pollution ControlBoard (SPCB)

SPCBGroup

Env. Engg.

4. Site Clearance from State Department of Environment (DOEn)

StateDOEn

Env. Engg.Group

-

5. Environmentalimplication of dedication dam.

State Irrigation Deptt.

Env. Engg.Group

New project Group

6. Forest Clearance(in-principle)

State Forest Deptt.

New project Group

Env. Engg.Group

FR GUIDELINES

Information on the Site proposed for setting up of Gas/Coal based Thermal PowerStations.

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PROJECT:

S.No. Description Responsibility

1.0 Location details : New Project Group (ES)

1.1 State/District/Village :

1.2 Latitude / Longitude :

2.0 Approach to Site : New Project Group (ES)

2.1 Rail

a. Nearest Railhead & Distance

b. Type (B.G. / M.G.)c. Constraints Enroute

:

::

2.2 Road

a. Existing highways/roads distance from

siteb. Load Carrying capacity of these

road/bridges, culverts enroutes &

physical conditionc. Constraints enroute.

:

:

:

2.3 Distance from nearest air port :

2.4 Distance from big cities, ports, powerequipment, manufacturing centres.

:

2.5 Distance from nearest airways :

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3.0 Land Availability & Use pattern : New Project Group (ES)

3.1 Extent of Land :

3.2 Type of Land (Agriculture, Barren, Forest etc.)

:

3.3 Ownership of land :

3.4 To ascertain from local enquiries possible

earlier use of site i.e. for quarrying,mining, agriculture etc.

:

3.5 Land Prince :

4.0 Topography :

4.1 Ground Profile & levels :

4.2 Permanent feature :

5.0 Soil Condition : New Project Group (ES)

5.1 Presence of any wells (open and/or tube) in the site and approx. water level. Likely ground water table in the area form local enquiries.

:

5.2 Nature of strata anticipated whether soil or rock is anticipated at shallow depths

:

5.3 Type of foundations adopted forneighboring structures-both for houses & for industrial units.

:

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5.4 Presence of black cotton soil :

5.5 Presence of Salt petre :

5.6 Information regarding major geologicalfault existing through local geologicaldepartment.

:

6.0 Site Data : New Project Group (ES)

6.1 a. Land :H.F.L. :M.W.L. :

Flash flood condition :Area drainage system :Ground Water flow direction :Forest Cover, location and type :

Existence of mines & other present & future development activity.

:

6.2 b. Meteorological data (Monthly average data for 12 months preferably for last 10 years)

:

Temperature (Dry bulb & wet bulb) :

Humidity :

Rain fall Intensity (Hourly) :

Run Off coeff. :

Ambient temperature :

Wind Rose :

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7.0 Water : New Project Group (ES)

7.1 Estimated circulating & consumptive

requirement for the proposed/ultimatecapacity

:

7.2 Source of circulating/consumptive water :

7.3 River/Canal water availability & quality :

7.4 Plant storage requirement/canal closureperiod

:

7.5 Salient features of Dam/Barrage existing/ to be constructed

:

7.6 G.W. / T.W. water availability & quality :

7.7 Sea Water Quality :

7.8 Type of cooling envisaged :

7.9 Conveyance System :

7.10 Proposed arrangement for intake/discharge water

:

8.0 Fuel : Coal Coordination(For Coal Based)

8.1 Source of coal/gas : HOD/Mech.(For Gas Based)

8.2 Availability :

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8.3 Quality :

8.4 Estimated Requirements :

8.5 Transportation arrangement contemplated

:

9.0 General : New Project Group (ES)

9.1 Source of construction & potable water :

9.2 Source of construction power & start up power

:

9.3 Local schedule of rates :

9.4 Labour rateType Wagesi. Unskilled :ii. Semi skilled :

iii. Skilled :

9.5 Source of availability of constructionmaterial like sand, brick, stone chips,borrow earth etc.

9.6 Proximity of infrastructure facilities available hereby

a) Hospitals :

b) Schools :c) Residential accommodation :

Note:FR Guidelines for Gas Based Projects will be issued separately after finalisation of site

selection guideline by Department of Environment.

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INTRODUCTION

Industrial development is essential in a developing country for the social and economic upliftment of its people. Energy production can be considered on index of the level of development. With the vast reserves of coal available in India, coal based thermal power

generation is a major source of energy production. They, however, carry inseparable adverse environmental impacts. The deteriorating “Environmental Quality” has gained a significant importance in India today. The biosphere is finite and the capacity to cleanse

itself although as yet imperfectly understood, seems to be limited. There has been a growing need for integrating environmental factors into the process or planned economic development.

The need for assessing the environmental impacts due to the operation of the power plants has been realised and the concept of Environmental impact Assessment (EIA) Studies is gaining momentum in our country today. The EIA criteria hinge on the

potential impacts, sensitivity and significance of the affected areas and their importance and controvertiality in respect of local, regional and national levels. The need to protect environment has been realized by the National Thermal Power Corporation (NTPC)

quite easy and a full fledged environmental department comprising of a multi-discipinaryteam of scientists and engineers has been set up at the corporate level. Detailed EIA studies for the upcoming and ongoing projects of NTPC are conducted by this group in-

house based on which the environmental clearances are accorded by the Department of Environment (DOEn).

THE EIA

An “Environmental Impact” is any alteration of environmental conditions or creation of new environmental conditions adverse or beneficial caused or induced by the action

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under consideration. The objective of the EIA is to define the existing conditions and then to identify and quantity the alterations due to the proposed project are fairly easy to

define but the environmental costs another matter. Again, the benefits occur in one region while the costs are usually in a completely different region or regions. When one takes into account the power plant, the coal mines, the transmission and transportation condors the several components of the environment: physical, biological, socio

economic political, etc. the task at hand is, indeed, herculean.

A brief description of the scope and contents of EIAs that are being prepared by NTPC,

with the facit approval of the DOEn, is presented.

SCOPE AND CONTENTS

The EIA studies consist of literature research, field studies and impact assessment. The areas of studies are Land Use, Water Use, Socio-economics, Soils, Hydrology, Water Quality Meteorology and Air Quality Terrestrial and Aquatic Ecology and Noise. The four

basic stages of the study are:

Determination of baseline conditions or defining the existing environment in the

areas identified :

Establishing the relevant features of the power plant that are likely to have an impact on the environment :

Assessing the impacts on the identified areas of environment due to the construction and operation of the power plant; and

Identifying the mitigatory measure necessary to limit the adverse environmental impacts to within acceptable levels.

The assessment process is reiterative. The basic design of the plant and environmental protection devices have to be identified and impacts assessed. In case, the impacts are not acceptable the designs have to be revised and the impacts reassessed. This

process continues until an acceptable situation is arrived at.

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BASELINE STUDIES

The objectives of this stage of the EIA studies are to define the existing environmental

conditions. Normally an area falling within a 10 km radius of the project is studied in detail, while the area falling within a 50 km radius is examined for major features. A lot of information is available from local government agencies and universities. Revenue

records, census reports, the irrigation Department, Forest Department, Inland Fisheries, the India Meteorological Department, etc. have to be collected and collated. Once this data is analysed information gaps are identified and a field sampling programme

designed and implemented. The field studies span over a period of one year toaccommodate seasonal variations. A brief scope of the different areas of study follows.

Land Use

Land Use Pattern and the trend is identified with respect to agricultural land grazing,

mining, forests, human settlements, etc. Annual crop yields are collected.Archoeological, historical, and cultural sites are identified.

Water Use

Existing surface and ground water, used for irrigation, industry, cattle and household

use, recreation and drinking use are identified.

Socio-Economics

A study of the exiting population, migration patterns, socio-economic characteristics,

sources of livelihood and levels, existing infrastructure etc. is carried out.

Soils

Significant soil parameters with respect to their agricultural and forest potential as well as their physical and chemical properties relating to ground water hydrology are

identified.

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Hydrology

Existing hydrological data for both surface and ground water is determined. Thisincludes identification of aquifers and their characteristics. A water budget of the area is prepared.

Water Quality

A sampling network for both surface and ground water characteristic is designed.Parameters to be measured are in accordance with international drinking water

standards. Temperature and dissolved oxygen profiles of major surface water bodies are established.

Meteorology

Background meteorological data from the nearest India Meteorological Department

(IMD) stations are collected for the past decade. Parameters of interest are temperature, pressure, relative humidity wind speed and direction, atmospheric stability (inversion data), evaporation rates, rainfall, cloud cover and solar intensity. In additional, rainfall

characteristics are identified. In some cases it may become necessary to install an on site meteorological observatory.

Air Quality

A monitoring network for ambient air quality is designed. Twenty four hour sampling for

sulphur dioxide, oxides of nitrogen and suspended particulate matter is conducted at several locations at regular intervals. Stock emissions are characterized at existing industries.

Ecology

Terrestrial: The flora and founa (including avifauna) in the study area is characterised.

Rare and endangered species in the area, nesting, feeding and migrating patterns,density and diversity of species is determined.

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Aquatic: The ecology of major water bodies is thoroughly investigated. The water

bodies are characterised for trophic status, chemical and thermal pollution, primary

productivity, and densities of plankton, invertebrates, fish and aquatic plants.

Noise

Sensitive areas and activities are identified. A noise monitoring survey is conducted to characterise the noise environment of sensitive areas.

Power Plant Features

This stage involves the finalization of the conceptual design of the power plant including the environmental protection devices, such as the flue gas cleaning, waste watertreatment facilities, etc. The emissions and effluents from the plant are then

characterised. Other factors, such as, coal handling, transmission corridors, layout of plant, ash disposal area, housing colony, cooling systems, etc. are defined.

It is worthwhile to emphasis that the EIA document is a regulatory requirement. Any revision of the design concepts defined may change the assessed impacts. Therefore, all revisions in concepts need reassessment of the impacts and theoretically, have to be

approved by the DOEn.

Impact Assessment

This is the most crucial stage and unfortunately, also the most subjective. In many of the areas of study the impacts can not be quantified. Further, the environmental

conditions in any area are constantly changing. Therefore, the changes due to the power plant will be in addition to the changes that would have occurred even without the power plant. However, knowledge gained from experience and research all over the world,

coupled with theoretical and empirical models developed enable trained scientistsand engineers to assess the impacts to a fair degree of accuracy. Again, the degree of accuracy is different for the different areas. While some models, are fairly easily validated others such as, ecological models, take many yeas of continuous monitoring.

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Much remains to be known in the field of environmental impact assessment.Essentially, air quality models using historical meteorological data, terrain conditions,

and emission data predict the increments of the pollutants. This, when superimposed on the baseline air quality data give the predicted air quality n the different sectorssurrounding the plant. Similarly, water quality impacts are determined through effluent characterisation and receiving body baseline data. With the impacts on the air and water

environments defined the consequential impacts on the terrestrial and aquaticecosystems are predicted. Essentially these impacts are due to the pollution generated by the plant. Most socioeconomic impacts, however, are not related to pollution.

Different techniques are used to predict socioeconomic impacts. Wherever possible, the impacts are quantified. Various attempts have been made to develop cost benefitmodels for EIAs. To date, no consensus has been reached on the validity of these

models due to some of the difficulties expressed in section 20.

Mitigative Measures

Mitigative measures are the steps taken to minimize the adverse impacts. Once the adverse impacts are identified, alternative measures are evaluated and the most

appropriate ones are identified for implementation. Mitigative measures are normally site-specific.

Monitoring Plans

A post-commissioning environmental monitoring pan is normally included in the EIA

Selected environmental parameters are monitored at regular intervals during the life of the plant. This monitoring serves several purposes.

Demonstrates compliance with environmental regulations and standards.

Serves as an early warning system. and

Information gained can be used to validate and refine assessment techniques.

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The monitoring plan is designed to comply with regulatory requirements and other site-specific baseline environmental conditions.

NTPC APPROACH TOWARDS EIA/EMP

The basic methodology adopted by NTPC for conducting the EIA studies has been

explained in section 3 above. A lot more is done at NTPC to ensure the protection of environment to the extent possible. The process towards environmental protection starts at the site selection stage itself. The site is selected, based on the guidelines issued by

the Department of Environment. One of the very effective means of site selection is through the use of Satellite imageries. The satellite photographs through LANDSAT are available since 1974. The French Satellite SPOT gives a detailed account of the vegetal cover barren and follow land, rocky exposures, crop pattern and surface water

conditions, of present and past. A detailed computer analysis gives the crop yields and ground water conditions as well.

The baseline data collection involves a significant amount of instrumentation. The air samples are collected through High Volume Samplers. The collected air samples gives an idea of the ground level concentration of SPM, SOX, NOX, and CO. The water

sample collected is analysed through various instruments. The catonic composition is determined through AAS with Carbon Rod Atomiser (CRA) and cold vapourattachments. The anionic parameters are determined through colorometric analysis (UV-VZ) spectrophotometer) and ion stripping electrodes. The seaiments and soils are

studied through conventional analytical techniques and XRD and XRF instrumentation. For detailed studies Electron Scanning for Chemical Analysis (ESCA), ScanningElectron Microscope (SEM), Transmission Electronic Microscope (TEM) etc. can also be

used.

For environmental study of the Singrauli area, NTPC deployed SODAR equipment for

upper air data. The use of sophisticated instrumentation helps in predicting the impact of an action on the dynamic environment more precisely. When one talks of environmentalprotection normally the general understanding is that air quality and water quality are major components. One tends to forget that man is the vital component of the eco-

system, and no consideration was given till recently towards the people affected by the

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development activities. For the construction of any Super Thermal Power Plant, a large area of land has to be acquired with the consequent displacement of a substantial

number of people. The approach of the authorities earlier was to pay cash compensationfor the land acquired. Most of the people being illiterate and ignorant had no means of knowing how to invest this money for long term gains. Often this money was squandered for material gains and within short time their economic condition was worse off as

compared to their original status. NTPC is making all efforts in consultation with the state Government to evolve workable and practical rehabilitation plans for the displacedpersons. Training and other avenues of employment are created so that the displaced

persons have a regular source of income leading to socio-economic contentmentamongst the people. NTPC philosophy is that social contentment of people in the area plays a vital role in the overall well being of the project.\

Adequate care is taken to avoid acquisition of forest land. The adverse impacts ofdeforestation are evident to all of us. Where it is not possible to avoid acquisition of forest land, compensatory afforestation schemes are formulated and implemented.

Besides, a general afforestation programme in and around the plant, township and ash disposal areas is designed and implemented. This not only acts as protection measures for air pollution but also contributes to the increase in the forest cover of the country. Of

late, schemes for reclamation of abandoned ash ponds through afforestation have been developed and are being executed in all our projects. To sum up, The EIA supported by various environment management programmes, helps in the overall protection of the

environment, and leads to an ecologically sound industrial development. This is the approach of NTPC towards environmental protection.

CONCLUSION

The importance of overall environmental protection and the role of EIA towardsachieving this goal has been realised in our country today. The Government has enacted

various laws and acts to ensure this. A beginning has been made in the right direction, but a lot more needs to be done.

Environmental impact information is costly, it requires scarce resources, such as, time,

money and skilled manpower. Costs are immediate and specific to the decision makers

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while benefits of impact assessment are likely to be realized only in the long run accruing to the public. Thus, from a project proponents view, EIAs are difficult to justify.

However, the EIA process is a powerful tool in the integrated development programme of the country and is perhaps a too important to be left on the meagre resources ofproject proponents alone.

In view of the scanty experience and a definite shortage of trained professional expertise in the country perhaps the DOEn could bring together teams of competent impactassessment professionals in many different areas to conduct EIAs for programme and

regional planning. This would not only give direction to the national environmental objectives but would also make individual project EIAs easier to prepare and assess and contribute to the expansion of the available expertise.

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INTRODUCTION

Thermal Power generation accounts for a major percentage of total power generation in the country. Natural gas, Oil and coal are fuels used in thermal power stations. Gas firing

results in the least pollution problems. Indian coal presents serious problem owing to high ash content (20%-50%) and relatively more moisture. Air pollution is one of the inevitable consequences of coal-based generation. Although efforts are being made to develop alternate sources of energy, the relatively slower pace of development makes

coal a major source of energy in the country at present. The coal-based energy has assumed greater significance and importance in view of the enormous coal reserves in India and its role in the country’s plan to achieve economic self-reliance. The natural

sources are of importance in understanding the global background of air impurities and natural mechanisms of assimilation. The biosphere is finite and the capacity to cleanse itself although as yet imperfectly understood. Seems to be limited.

In the world today, sampling procedures for pollution measurement and instrumentation are so oriented as to meet better accuracy, greater sensitivity to reduced pollutant concentrations more capability for continuous measurement and increased reliability. A

number of engineering designs are formulated to control pollution through efficient combustion, removal through sorbent: injection and fluidized-bed techniques. NTPC has taken a lead in the country so far as environmental management is concerned and has

infrastructural facilities for impact assessment studies in detail. Attempts to anticipate and mitigate environmental problems take root at the planning stage itself. The air quality and control program adopted by NTPC does meet the presently laid out ambient

and emission standards of pollution control board.

The link between national economic strategy and technological development on the one hand the emergence of new environmental thinking on the other hand is what is know

popularly known as ‘THE ENTERPRISE CULTURE’

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PRESENT SCENARIO

SOURCES OF AIR POLLUTION

The sources of air pollution in the Thermal Power Plant are mainly stack, coal handling plant and ash disposal areas. Even though, the prime importance is presently given to

stack emission control, measures to check fugitive dust emission from the latter two areas are progressively gaining equal importance.

The air quality monitoring and control is briefly discussed under the following heads:

Ambient air quality measurements

Ambient and Emission Standards

Prediction Methodology

Post-monitoring

Mitigatory Measures

Harmful effects of pollutions.

AMBIENT AIR QUALITY MEASUREMENTS

The primary objective of this monitoring is determine the background pollution level. The background air quality measurements are carried out presently by the R & Ddepartment. The monitoring sites for this purpose are governed by the accessibility, meteorological conditions and the local surroundings (topography). Generally, the

sampling is done at 4-12 m above the ground level to avoid interferences of trees, building etc. The three and twelve month data is included in the interim and detailed environmental impact assessment reports respectively.

The sampling locations are jointly identified by the environmental engineering and R&D departments in the field, based on the above criteria. The monthly measurements for

SPM, SO2 & NOx on 8 hourly average basis are carried out in the field for all locations. The samples thus collected are analyzed in the laboratory for determining theconcentrations of SPM, SO2 and NOx.

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AMBIENT AND EMISSION STANDARDS

The Government of India in recent years has become increasingly conscious of the

environmental crisis engulfing the country while recognizing the importance ofmaintaining and restoring the wholesomeness of air environment and controllingpollution. It has enacted the “Air Act, 1981” and “Environment Act, 1986”. The ambient

and emission standards in India for thermal power plants are presented in Tables 1&2 respectively.

PREDICTION METHODOLOGY

The knowledge on meteorological characteristics of the study area is important as the transport and diffusion of the pollutants in the atmosphere is governed by them. The

primary meteorological factors (wind speed, wind direction and stability) are responsible for dispersion and diffusion whereas secondary factors (temperature, relative humidity, precipitation and pressure) have also a role in the transmission of air pollutants, though

indirectly. The background meteorological data from the nearest India MeteorologicalDeptt. (IMD) station for the past 5-10 years is collected and analyzed.

The climatological charts are prepared for temperature, rainfall, relative humidity and

wind roses based on the above data. The plant characteristics pertaining to coal/gas consumption, sulphur/nitrogen content, stack diameter, flue gas temperature and volume flow rate are incorporated in the computer modeling for SO2/NOx predictions (Long

term). The ground level concentration (glc) of pollutants on seasonal and annual basis for different stability classes are worked out with the help of an appropriate Gaussian Dispersion Model. The long-term concentration values are computed at 1 km intervals in

the 16 geographical directions upto 20 kms from the plant. As the purpose is to predictlong terms concentrations emanating from the plant, a single source emission is being considered. Worst-case consumption are incorporated for the very same purpose. The climatological data collected from the IMD is normally assumed to be representative of

the site meteorological regime and are incorporated into the model.

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The isopleths prepared based on the computer results indicated the zone and direction of the likely affected area around the project. The predicted concentrations are

incremental values to the existing background level. The short term concentrations,similarly, are worked out based on an appropriate Gaussian Dispersion Model.

POST MONITORING

The monthly monitoring of ambient air quality around the operating projects is being carried out by the Chemistry group. The measurements are carried out at selected

locations around the power project in the core area. The locations chosen for ambient monitoring in the area of likely impact are well suited for continued monitoring.

Regular monitoring of stack emissions from the operating units is similarly being

conducted by the project. This is done by means of a stack sampler for emission levels of particulate matter, SO2 and NOx once a month. The maintenance of ESP is given high priority to ensure compliance with standards for particulate emission.

MITIGATORY MEASURES

Electrostatic precipitators (ESP) of high efficiency are installed to control particulate

emission from the plant. The ESP efficiency limiting emissions below 150mg/Nm3 was in practice before the enactment of the standards. However, their efficiency is reiterated to limit the outlet emission to 100mg/Nm3 in the project subsequently. The tall stacks

facilitate wider dispersion of the gaseous emission as there are no standards for the same in India. In addition, the efficient boiler design helps in controlling the NOxemissions.

The fugitive dust from coal handling area is controlled by sprinkling water. The blanket of water maintained continuously over the ash pond area similarly checks fugitive emission. The extensive plantation in and around the plant area and township acts as sink for

pollutants.

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HARMFUL EFFECT OF POLLUTANTS

The fugitive dust emissions from coal handling and ash disposal area are stable

pollutants that accumulate in the environment through deposition on surfaces ofmaterials and plants. This reduces visibility in the atmosphere and solar radiation. Their deposition on leaf surface and accumulation in the soil medium affects vegetation. The

particulate concentration in the environment results in changes of solar radiation,decrease in chlorophyll level and interruption in gaseous exchange. The alterations in pH induced by the dust and other physico-chemical properties of soil disturb the plant

growth.

The studies on the effect of SO2 on vegetation is of recent origin. The SO2 and NOX

concentrations in the environment cause foliar injury, micromorphological changes and

changes in growth and productivity. It is not their direct effect on entities that warrantconcern.

These are the primary input reactions of intricate series of photochemical reactions which produce irritants and oxidants.

Dust concentration in the ambient air result in numerous health problems such asPneumoconiosis, nervous weakness, and bronchitis leading cancer among humans. The gaseous emissions lead to increased mortality, impairment of mental functions, etc.

FUTURE PLAN

The rapid expansion program envisaged by NTPC will lead to the emphasis on the

multisource emissions unlike the present single source. It will, therefore, be ideal to set up permanent meteorological and air quality stations at the projects in order to achieve a better air quality monitoring and control for the future.

The procurement of equipment and establishment of the above stations should be the responsibility of the project personnel. The meteorological station with the equipment enlisted an Annexure-I will generate the data on not only primary parameters but also

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the secondary parameters which are so vital in understanding the air quality around the projects. This would enable NTPC to maintain meteorological data of the particular

location instead of banking on the data accumulated from the nearest IMD station.

The air quality station with continuous monitoring equipment (Annexure-II) should be located in the downwind direction based on the computer predictions. An Automatic Dust

Sampler for continuous monitoring of Suspended Particulate Matter (SPM) will beextremely useful in the air quality station.

The Correlation Spectrophotometer is a unique all weather portable remote sensingelectrochemical device for stack monitoring. Its sensitivity to even cloudy and rainy conditions makes it more efficient than the High Volume Sampler that is presently

employed.

There are practically, no FGD plants at power stations in India to date. However, with rapid industrialization and the concentration of power generation activities and other

diverse industries in certain areas, these have been growing concern about SO2 levels. The space for FGD plants is being provided in the new projects. In case the continuous motoring warrant higher concentrations than the stipulated values, FGD will have to be

provided.

In fact, very stringent NOx emission standards are under active consideration in many of

the European countries, USA and Japan. It can be seen from emission standards (Table 3) that they are much lower compared to SO2.

The injection of Ammonia into high temperature flue in the range of 850 deg.-1200oC in

oil/gas fired power plants in Japan is believed to remove 65-90% NOx. This process is known popularly as Selective Catalytic Reduction (SCR).

Both soil and vegetation of an ecosystem remove atmospheric contaminants through a variety of natural mechanisms. In the Extensive afforestation program proposed forplant, township and green belt zones, a number of species with high air pollution

tolerance index are included to act as sink for pollutant absorption. Similar exercise around the ash disposal area right from the beginning will serve to check fugitive dust

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emissions. A humble beginning on reclamation of abandoned ash ponds has already been made at NTPC.

CONCLUSION

Pollution is not a static phenomenon but a dynamic one. There is a direct relationship

between development processes and pollution generation. Although NTPC has realized this fact and has taken initiative in establishing an environmental group to address on such sensitive matters, we cannot afford to be complacent. More emphasis has to be

laid on monitoring aspects through sophisticated instruments at all our projects Steps have been taken in framing a more realistic and workable monitoring program, results can only come out through serious implementation by the project authorities.

There is always a scope for improvement in the techniques of air pollution control and the environmental group has a mojor role in keeping NTPC abreast of the latestdevelopments so that pollution due to this very important source in thermal power can be

minimized if not completely mitigated/removed.

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TABLE – 1

AMBIENT AIR QUALITY STANDARDS

Area Category Concentration Microgrammes per metre cube

SPM SO2 CO NOx

A Industrial &mixed-use

500 120 5000 120

B Residential& Rural

200 80 2000 80

C Sensitive 100 30 1000 30

TABLE – 2

EMISSION STANDARDS FOR THERMAL POWER PLANT (INDIA)

PARTICULATE

Boiler Size Old New (after 1979) Protected Area

Less than 200 MW 600 mg/Nm3 350 mg/Nm3 150 mg/Nm3

200 MW and above 150 mg/Nm3 150 mg/Nm3

SULPHUR DIOXIDE

Boiler Size Stack Height

200 MW and more to less than 500 MW 200 metres

500 MW and More 275 metres

Less than 200 MW H=14 (Q)0.3

Q = Sulphur dioxide emission in kg/hr

H = Stack height in metres

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TABLE – 3EMISSION STANDARDS FOR TPP (COAL FIRED)

FOR DIFFERENT COUNTRIES

Country SPM SO2 NOx CO

(mg/Nm3 of effluent gas)

Australia 250 - 2500 500

Denmark 150 - - -

Federal Republic ofGermany

100(Lignite coal)

2845 - 250

150(Hard coal)

Italy - 2000 - -

Japan

Urban 200 500 767 - Rural 400 2500 - -

U.K. 115 - - -

U.S.A. 45 1900 950 -

AIR QUALITY(PRESENT SCENARIO)

ENVIRONMENTAL IMPACT ASSESSMENT

Collection of meteorological data for 5-10 years.

Field measurements of background pollution Ambient Air Quality : Monthly measurement

Interim Report - 3 months data Detailed - 12 months data

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Preparation of climatological charts for temperature, rainfall, relative humidity and wind roses.

Modelling for SO2/NOX concentration Long term prediction.

Seasonal Isopleths preparation.

Modelling for SO2/NOx concentration Short term predication.

SOURCES OF POLLUTION

Stack

Coal Handling

Ash Disposal

POST-MONITORING

Ambient - Monitoring at selected Points in the core area.

Stack - For emission levels of SPM, SO2 and NOx Maintenance of ESP to ensure compliance with standards.

MITIGATORY MEASURES

SPM Electrostatic Precipitators (ESPs)

SO2 Tall Stacks

NOx Boiler Design

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AIR QUALITY (FUTURE PLAN)

METEOROLOGICAL OBSERVATORY STATION

Equipment required for the station:

Wind Vane Aneroid BarometerDry & Wet Bulb Thermometer Cup Counter AnemometerOpen Pan Evapometer Rain GaugeSunshine Recorder

Procurement and implementation (Responsibility Project Authorities)

AIR QUALITY STATION

To be located in the down wind direction based on computer results with the

following equipment for continuous monitoring :

Ultraviolet Analyser

Electrochemical Analyser Pulsed Fluorescent AnalyserChemiluminescent Analyser

Automatic Dust Sampler

Air Quality Monitoring is to be done once a week for 24 hours on 8 hourlyaverage basis as per CPCB regulation.

STACK MONITORING

Continuous monitoring through Barringer Correlation spectrophotomer.

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ASH DISPOSAL AREA

Afforestation with suitable species to primarily check dust emission.

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INTRODUCTION

The power generation industry uses large quantities of water. In India, water pollution caused by thermal power plants is not considered to be significant and takes a second

place when compared to air pollution.

An overview of water management techniques for coal-fired power plants is presented in this paper. Topics discussed include environmental regulations, water requirements,

wastewater generated, treatment requirements, and technologies for total reuse. As an example, a water management plan for a typical 4x210 MW generating station is also presented.

EFFLUENT REGULATIONS

The Central Board for the Prevention and Control of water Pollution is the agency

responsible for formulating effluent regulations for various industries. Normally, the state pollution Control Boards adopt and enforce the effluent regulations. The states may, however, adopt regulations that are more stringent than those recommended by the

Central Board. In May, 1986, the Central Board issued the Minimal National Standards (MINAS)for thermal power plants in their Comprehensive Industry Document Series(COINDS/21/86). These standards prescribe the minimum standards for wastewaters

discharged from condenser cooling, boiler blow down, cooling tower blow down and ash ponds for thermal power plants. The relevant standards are reproduced as appendix-I. Inaddition, several States have adopted the Bureau of Indian Standards Tolerance Limits for Industrial Effluents, IS: 2490 (Part-I), 1981. The limits for industrial effluents into

inland surface waters are reproduced in Table-I, All new industries are required to obtain a “Consent Order” from the concerned State Board prior to commencing operations.

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REFERENCE STATION WATER REQUIREMENT

The typical generating stations selected for the purpose of this presentation consists of

four 210 MW coal-fired units. The station is located near an adequate source of surface water and utilizes a one-through condenser cooling system.

In order to help visualize the reference plant a few typical statistics are presented. A modern coal-fired station in India, occupies around 400 acres. The main structure is 60 m high, while the stacks are 220m high. The station burns around 520 metric tones of

coal per hour and generates ash at the rate of 180 tones per hr. As much as 800 acres of land is required for disposal of the ash over the life of the plant. In addition,approximately 100 acres of land are required for the township to house the 1500 operating personnel.

Water requirement for coal-fired stations are discussed in the following sections. The water balance diagram for our reference station is presented as Figure-I.

Condenser Cooling

The condenser cooling water flow is dependent on the heat dissipation required and the design temperature rise in the effluent stream. With a 10 C temperature rise, the total

circulating water requirement for our reference station is 126,400 m3/hr. This includes the water requirements for auxiliary cooling. Normally, the cooling water is withdrawn

from the surface water source and the heated water is discharged back into the surface water.

An alternative to once-through cooling is a re-circulating cooling system which issometimes used in India. In this system the heated water is cooled, mostly through the use of evaporative cooling in cooling towers, and re-circulated through the condensers.In this case make-up water is required to compensate for system losses. Cooling towers

are discussed in section 4.1.2.

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Demineralized Water System

In today’s boilers, it is critical that the feed water be of the highest quality. Concentration of total solids in the fed water is usually less than 0.15 mg/1. In order to maintain boiler water quality, demineralize trains are utilized for the feed water, and the condensate. A

small quantity of make-up feed water is required to compensate for boiler blow down and other losses. In addition, demineralize water is used for initial filling and periodicchemical cleaning of the boiler. At the reference plant, average water requirements for

the demineralizers are 160 m3/hr. which includes regeneration water requirements.

Ash Transport

A major water requirement at coal-fired power plant is for ash transport. Fly ash is collected, dry, at the electrostatic precipitators. Bottom ash is collected at the bottom ash

hoppers. The ash is conveyed, hydraulically, to the ash slurry pump house and then to the ash disposal area in slurry form. At our reference plant the average water required for ash transport is 3200 m3/hr.

Miscellaneous

Other water requirements at a power plant are for pump bearings and sealing, airconditioning and ventilation, coal dust suppression, service and drinking water, etc.Normally surface water sources have varying amounts of suspended solids and are not

suitable for the above requirements without treatment. Pretreatment, in the form offlocculation and clarification, is usually provided. Average requirements for pretreatment water at our reference plant are 896 m3/hr., which includes the input requirement for the

demineralize water system.

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WATER MANAGEMENT TECHNIQUES

Condenser Cooling

Power Engineers prefer to use once-through condenser cooling wherever feasible. This

is because of operational efficiency of once through cooling when compared with a recirculating system. This, however, presents two problems. One is a regulatory one. While condensers are normally designed for a temperature increase of between 8 and

10 C in the effluent, the MINAS regulations required that the temperature of the effluents be no more than 5 C above the intake water temperature. Further, ISI guidelines specifythat the receiving water body temperature may not exceed 40 C. This implies that in future condensers for once-through cooling will have to be designed for a water

temperature rise of 5 C, which in turn implies additional costs and substantial quantitiesof additional water.

Normally condenser-cooling water is chlorinated to prevent biological fouling of the condensers. It is essential to carry out optimization studies so that chlorination is carried out at the minimum levels necessary. Chlorination should be for a few hours per day per

unit and for one unit at a time. This is to minimize the free available chlorineconcentrations in the final effluent.

Thermal Pollution

The other problem with once-through cooling is ‘thermal pollution’. Large quantities of

hot water discharged into a natural water body (river, lake, or sea) affect the physical, chemical, and biological characteristics of the receiving water bodies. Changes also occur in metabolism, reproduction, and development rates of many organisms. These

changes result in a change in the structure of the aquatic ecosystem. Another possible impact of the thermal discharges on the aquatic community is due to thermal shocks, that is a rapid change in temperature caused during start-up and shut down of the stations. Of course, for a multi-unit station this possibility is reduced.

Again, not all the changes that may occur due to thermal discharges are detrimental. Sometimes, the heated discharges may prove to be beneficial to certain commercial

© PMI, NTPC 39

species. It is, therefore, all the more important to be able to predict the impacts of the heated discharges on the natural water bodies. Impact assessment studies are normally

conducted to predict the impacts.

Preliminary assessments have to be made during the site selection stage, so that sites, where significant adverse impacts are probable, can be avoided. In some cases, many

of the adverse impacts may be mitigated by proper design. Such mitigating measures include modifications in the design of discharge structures to enable rapid mixing and smaller mixing zones. In extreme cases, it may become necessary to utilize cooling

towers to reduce the thermal discharges in to natural water bodies.

Cooling Towers

Significant reductions in the withdrawal of surface waters can be achieved by the use of a recirculating condenser cooling system. The heated water cooled in evaporative

cooling towers and recirculated. The evaporation rate is dependent on plant design and meteorological conditions. For example, had cooling towers been used at our reference plant, the annual average evaporation losses would be in the order of 2400 m3/hr.

The circulating cooling water chemistry has to be studied carefully to maintain the desired water quality. Ideally, the water should neither be corrosive nor be scale-forming.

The water quality is normally maintained by blowing down a certain portion of the circulating water. Make-up water is required to replace the water lost throughevaporation, blow down, and drift. Cooling tower drift is the water lost in the form of droplets escaping along with the evaporative losses. However, now-a-days cooling tower

drift losses are controlled to be minimal and can be ignored for the purposes of these calculations.

A study of the make-up water chemistry enables the selection of an optimum cycles of concentration for cooling towers. Some treatment in the form of corrosion inhibitors or acias may become necessary. A biocide, normally chlorine, is usually necessary to

control biological fouling. However, all efforts should be made to avoid chemicaladditions and minimize chlorination.

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Drastic reductions in both make-up and blow down water quantities may be achieved by increasing the cycles of concentration in the cooling tower. Cycles of concentration is

defined as the ratio of the concentration of total solids in the re-circulating water to the concentration of total solids in the make-up water. Assuming a fresh water intake, concentration factors between three and five are fairly common. A re-circulating cooling system, as an alternative to once-through cooling for our reference plant, along with

variations in make-up and blow down quantity for different cycles of concentration is present in Figure-II.

Blow down quality is a function of the make-up water quality and the concentration factor. Residual chlorine concentrations should be kept at a minimum. This isaccomplished by chlorinating for short intervals and not blowing down while chlorinating.

Cooling tower blow down can be reused for ash transport.

Demineralized Water Systems

Discharges from the demineralized water system are boiler blowdown, demineralizer regeneration wasters and periodic boiler cleaning wastes.

Boiler Blowdown

Boiler blowdown is usually high quality water and quantities are small. The blowdown may be alkaline and may require neutralization prior to reuse or discharge.

Demineralization Regeneration Wastes

Demineralization regeneration wastes are usually high in dissolved and suspended solids and show wide variations in pH. The concentrations of various parameters in the regeneration wastes are about five to seven times the concentrations in the input water.

Sodium and sulphate or chloride ions from the regeneration chemicals are also added. A degree of self-neutralization can be achieved by detention in holding basins.Neutralization may be required.

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Boiler Cleaning Wastes

Boiler and other metal cleaning wastes are generated periodically by routinemaintenance chemical cleaning operations. Frequencies may vary from twice a year to once in five years. Total waste volume per cleaning period may be in the order of two to

three times one boiler fill or around 1000m3. These wastes are high in suspended solids, iron and sometimes copper, and normally require sedimentation and chemicalprecipitation of dissolved iron and copper. Normally, metal cleaning wastes are retained

in holding basins for treatment at low rates.

Reuse of demineralizer wastes after treatment is feasible, however, the intermittent

nature of these wastes makes reuse difficult unless space is available for storage for long periods.

Ash Transport

Ash transport water normally picks up dissolved solids from ash. In addition, depending

on the design and operator of the ash pond, large quantities of suspended solids may be present. Wide variations in pH of the ash transport water have also been observed. The range of concentrations of the various parameters of ash transport waters, monitored by

the National Thermal Power Corporation at its operating stations is presented in Table-II.It may be noted that the data available for Indian stations is very limited. Extensive monitoring of ash pond discharges at different power stations in India is necessarybefore an adequate database is built up and proper predictions can be made.

The normal method of ash disposal in India has been transport in slurry form of the fly ash and bottom ash to lowlying areas, preferably barren, in the vicinity of the plant.

Natural depressions are utilized where possible otherwise dykes are built surrounding the area. Recirculation of ash transport water is not practiced. The overflow from the ash pond is discharged into a surface water body. More often than not, the ash ponds and

the overflow structures are poorly designed and result in substantial carry over of the ash, thus seriously degrading the natural water bodies. The possibility of water pollution arising out of trace elements in the ash transport water and leachates was seldom considered.

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The disposal of ash in ponds with supernatant discharge into natural bodies can be environmentally acceptable, provided that the supernatant meets the discharge criteria.

The pond and overflow must be properly designed such that suspended solids carry over is minimal. The impact of the supernatant on surface water bodies must beassessed. Further, ground water contamination from the leachates has be to studied. Leachates may be controlled through the use of clay liners if necessary. Neutralization of

the supernatant may also be necessary. The ash pond has to be operated so as to maintain a blanket of water over the ash of all times to prevent fugitive dust emissions.

In developed countries, most power plants utilize a pneumatic fly ash transport system with the fly ash being disposed in landfills. This, however, requires careful management to prevent fugitive dust. Bottom ash can also be conveyed by conveyors, yielding an

essentially dry product for disposal. Normally, a recirculating bottom ash transportsystem is utilized. The water is recycled either from the ash pond or from ash dewatering bins. Recirculating bottom ash systems usually require a small blowdown to minimize sealing. The blowdown may be discharged after suspended solids removal and if

necessary, neutralization. Make-up water will be required to compensate for theblowdown and other loses. A zero blowdown bottom ash sluice system can also bedesigned by incorporating sidestream softening.

Thus, while it is environmentally feasible to use a once-through ash transport system, substantial water savings can be achieved by utilizing a dry or recirculating ash transport

system. Contamination of natural water bodies is also minimized through the use of these dry or recirculating systems.

Thus, while it is environmentally feasible to use a once-through ash transport system,

substantial waste savings can b achieved by utilizing a dry or recirculting ash transport system. Contamination of natural water bodies is also minimized through the use of these dry or recirculating systems.

Miscellaneous

Sanitary Wastes

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Sanitary wastes are normally treated in oxidation ponds or in small extended aeration package plants.

Floor and Area Drains

Miscellaneous plant drains usually contain suspended solids, oil and grease, detergents, etc. Normally these wastes are collected and routed through oil separators andsedimentation basins.

Rainfall Runoff

Rainfall runoff from coal storage and handling areas is high in suspended solids. The pH of the runoff may vary over a wide range. Other paved areas at the plant may also generate contaminated runoff. Oil storage and handling area runoff is likely to contain oil

and grease.

All such areas need to be identified and runoff collection systems designed. Normally, a

sedimentation basin is provided to store a one in ten year, 24 hour storm. Oil separator must be provided for runoff contaminated with oil. Neutralization facilities may also have to be provided.

REFERENCE STATION WATER MANGEMENT PLAN

The objective of a water management is to optimize the use of plant water resources

while satisfying environmental requirements. The water management plan must :

Be cost effective

Meet applicable regulations

Be environmentally acceptable

Maximize water reuse within the plant

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Minimize water intake and discharge

Be technically feasible

The water management plan selected for the reference station is an attempt in this direction. The major constraint in India has been the acceptability of water management

plans by power engineers. This was primarily because of a lack of awareness of the benefits and costs. As such water reuse within the plant is minimal. However, the plan presented is environmentally acceptable and similar systems are, in fact, being

implemented at our power stations.

The influent sources of water are surface water and rain water. The points of discharge

are condenser cooling water, ash pond overflow, and sedimentation basin discharge. Depending on the physical location of these discharges they may be combined. The only recycling of water is the utilization of the condenser cooling water for ash sluicing.The wastewater treatment facilities incorporated are as follows. The demineralization

system wastes are drained to a flow equalization and holding tank for temporary storage. The holding tank is sized to hold the wastes generated by one complete cycle of boiler clearing for one unit. From the holding tank the wastes are treated in a clariflocculator

where chemical precipitation of iron is achieved. Effluent from the clariflocculator isdischarged into the sedimentation basin.

Miscellaneous wastes from various plant drains etc., will be directed to thesedimentation basin through oil separators. Plant sanitary wastes are treated in anextended aeration package plant prior to discharge into the sedimentation basin.Wastewater discharges from the pretreatment plant, coal handling area, and rainfall

runoff from the coal storage are will also drain to the sedimentation basin. This basin is sized to provide 24 hours detention to the once-in-ten year storm water runoff from the coal storage area. The discharge from the sedimentation basin will be to the surface

water body.

The final pH of the sedimentation basin effluent and the ash pond overflow can not be

predicted. It is, therefore, necessary to plan for the neutralization of these effluents. Once the plant goes into operation, neutralization facilities can be provided, if necessary.

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WATER MANAGEMENT

Water management is an important aspect of power plant design. A water and waste

management study should be conducted during the early phases of a project. Close cooperation with other disciplines is essential to the formulation of a sound watermanagement plan. The degree of water pollution control measures to be implemented

are highly site specific and overall environmental impacts must be assessed.

Ground water pollution is a special concern. Leachates from coal and ash may often

contain unacceptable concentrations of toxic substances. Potential impacts on ground water aquifiers should be evaluated. It may be necessary to provide impervious liners, natural or artificial, under the coal storage areas and ash disposal sites. A ground water monitoring programme may also be desirable.

Another potential source of discharge of toxic pollutants into surface water is the ash ponds. Fly ash contains several trace elements and depending on the water

characteristics toxic quantities may be discharged into the environment. It is almostimpossible to predict concentrations of toxic pollutants in the discharge. Therefore, thesedischarges must be closely monitored. This is also true for rainfall runoff from coal

storage areas.

SUMMARY

We have discussed some concepts of water management for coal-fired power plants. Today power plants can and are being operated without degrading water resources. Similar advances have been made in the fields of air and land pollution control.

Substantial progress has also been made in other areas of water reuse, such as reuse of treated municipal wastewater for cooling tower make-up and utilization of heated discharges from power plants. It is our responsibility to continue to seek new and better methods of cool water reuse.

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TABLE – 1TOLERANCE LIMITS FOR INDUSTRIAL EFFLUENTS INTO INLAND SURFACE

WATERS

Sl. Characteristic Tolerance limit in mg/1No. (Except where noted)

1. Suspended solids 100

2. Dissolved solids (inorganic) 2100

3. pH value (Standard Unit) 5.5 to 9.0

4. Temperature, degree C Shall not exceed 40 in anysection of the steam with in 15 metres downstream from

the effluent outlet.

5. Oil and Grease 10

6. Total residual chlorine 1

7. Ammonical nitrogen (as N) 50

8. Total Kjeldhal nitrogen (as N) 100

9. Free ammonia (as NH3) 5

10. Biochemical oxygen, demand

(5 days at 20 C) 30

11. Chemical oxygen demand 250

12. Arsenic (as As) 0.2

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13. Mercury (as Hg) 0.01

14. Lead (as Pb) 0.1

15. Cadium (as Cd) 2

16. Hexavalent Chromium (as Cr+6) 0.1

17. Total Chromium (as Cr) 2

18. Copper (as Cu) 3

19. Zinc (as Zn) 5

20. Selenium (as Se) 0.05

21. Nickel (as Ni) 3

22. Boron (as B) 2

23. Percent sodium -

24 Residual sodium carbonate -

25. Cyanide (as CN) 0.2

26. Chloride (as Cl) 1000

27. Fluoride (as F) 2.0

28. Dissolved phosphates (as P) 5

29. Sulphate (as SO4) 1000

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30. Sulphide (as S) 2

31. Pesticides Absent

32. Phenolic compounds(as C6H5OH) 1

33. Alpha emitters. uc/ml 10-7

34. Beta emitters, uc/ml 10-6

Source: IS : 2490 (Part 1) 1981

TABLE-IIASH TRANSPORT WATER QUALITY DATA

Sl. No. Parameters Range : mg/1

1. Chlorides (Cl) 3.00 to 34.00

2. Fluorides (F) 0.14 to 2.10

3. Nitrates (N) 0.18 to 0.5

4. Sulphate (SO4) 9.00 to 134.64

5. Calcium (Ca) 16.00 to 25.00

6. Iron (Fe) 0.005 to 35.60

7. Magnesium (Mg) 7.2 to 18.20

8. Potassium (K) 0.99 to 6.00

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9. Sodium (Na) 6.00 to 50.00

10. Arsenic (As) 0.002 to 0.05

11. Cadmium (Cd) 0.0006 to 0.01

12. Chromium (Hexavalent Cr) 0.005 to 0.05

13. Copper (Cu) 0.0005 to 0.1

14. Lead (Pb) 0.02 to 0.1

15. Manganese (Mn) 0.003 to 0.6

16. Mercury (Hg) 0.001

17. Selenium (Se) 0.005

18. Zinc (Zn) 0.01 to 0.14

19. Cyanides (CN) 0.003

20. Detergents (As MEAS) 0.6 to 0.8

21. Phenolic compounds (As Phenol) 0.001

22. Total Hardness (As CaCO3) 76 to 300

23. Total Dissolved Solids 120 to 956

24. pH (Standard Units) 7.4 to 11.5

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Appendix – 1

MINIMAL NATIONAL STANDARDSTHERMAL POWER PLANT

COMPREHENSIVE INDUSTRY DOCUMENT SERIES

COINDS/21/1986

CENTRAL BOARD FOR THE PREVENTION

AND CONTROL OF WATER POLLUTIONNEW DELHI

TABLE – 3.1MINIMAL NATIONAL STANDARDS FOR CONDENSER COOLING WATERS

(Once-through cooling system)

Parameters Maximum limiting concentration

pH 6.5 – 8.5

Temperature Not more than 5 C higher than the intake water temperature

Free available Chlorine 0.5 mg/1

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TABLE – 3.2MINIMAL NATIONAL STANDARDS FOR BOILER BLOWDOWNS

Parameters Maximum limiting concentration (mg/1)

Suspended solids 100.0

Oil and grease 20.0

Copper (total) 1.0

Iron (total) 1.0

MINIMAL NATIONAL STANDARDS FOR COOLING TOWER BOWDOWN

Parameters Maximum limiting concentration (mg/1)

Free available chlorine 0.5

Zinc 1.0

Chromium total 0.2

Phosphate 5.0

Other corrosion inhibiting Limit to be established on caseMaterialscase by case basis

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MINIMAL NATIONAL STANDARDS FOR ASH POND EFFLUENT

Parameters Maximum limiting concentration (mg/1)

pH 65 – 8.5 preferably greater than 7.0

Suspended solids 100

Oil and grease 20

No limits for heavy metals given for present.

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INTRODUCTION

Thermal power is still the major source of power all over the world. In India, more than 55% of power generation is from coal fired power plants. The present trend suggests

that coal will continue to be the major source of power generation in the foreseeable future. Ash is a major byproduct of coal combustion. In India, where coal made available for power generation is very high in ash content, the disposal of ash is beginning to be a major issue. In addition, current ash disposal practices in India are, to say the least,

rather haphazard. This has led to severe environmental issues related to ash disposal,and guidelines for disposal site selection, and guidelines for disposal site selector, and design of disposal facilities.

ASH CHARACTERISTICS

The products generated due to coal combustion, can be classified into three categories

– (a) bottom ash, (b) fly ash, (c) gases and vapours, Bottom ash is that part of the residue which is fused into particles, heavy enough to overcome the buoyancy of the furnace gas stream, and is collected at the bottom of the furnace. Fly ash is the portion

which gets entrained in the gas stream, and is carried out of the boiler. The amounts of fly ash and bottom ash generated depend upon the combustion process and coalcharacteristics. About 50 to 80% of the ash produced, by weight, is fly ash. The grain

size distribution of fly ash is the most important physical characteristic, which influences its disposal or use. More than 50% of the particles, by weight, collected throughElectrostatic Precipitators (ESP) are finer than 5 micron. A typical fly ash samplecontains 26 to 51% fine sand, 45 to 70% salt, and 1 to 20% clay.

The most interesting components of fly ash cenospheres. These are tiny particles,ranging between 20 and 200 microns, filled with gaseous oxides of carbon and nitrogen.

The gas filled particles remain suspended for long periods, leading to environmental

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problems. Cenospheres constitute upto 20% of fly ash by weight and have a chemical composition similar to that of fly ash.

The chemical composition of the ash depends largely upon the geological environment under which the coal was deposited. In India, coal occurs in two broad geologicalhorizons, namely, Gondwanas and check original. The former are high in ash content

and low in sulphur content while the reverse is true for the latter. The concentration of major elements is fly ash is presented in Table-1.

The trace elements presents in fly ash impart toxicity to it. Concentration of some trace elements in fly ash is presented in table 2. Fly ash contains 20 to 50 trace elements, some of them radio active. A substantial number of the trace elements present in fly ash

are soluble water.

ENVIRONMENTAL ISSUE

At most power stations in India, ash is slurried in water and is disposed, very casually, in nearby low-lying areas. From various case studies, it is evident that current ash disposal practices are highly inadequate. Facilities for proper sedimentation are seldom provided

resulting in the carry over of the large concentrations of ash in to natural water bodies. Toxic concentrations of trace elements are after discharged into rivers and lakes, and leachates in the disposal area dry up causing re-entrainment of fly ash by winds creating a fugitive dust nuisance party negating the benefit of high efficiency electrostatic

precipitators.

From an environmental point of view, bottom ash is fairly inert and, therefore, relatively

safe. However, fly ash is rather reactive. Due to the presence of various acid and base metals, ash water mixtures exhibit a wide rang e of pH. Many of the toxic elements present in the ash are solute in water in various degrees, depending on the pH of the

ash slurry. This paper concentrates on the control of seepage and fugitive dust from ash disposal areas.

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ASH EXTRACTION SYSTEMS

At thermal power plants, the bottom and fly ash extracted is normally mixed with water

and the slurry transported to the ash disposal area. This is generally known as the wet disposal system. However, with the advancements in the field of ash disposal, the NTPC has adopted a dry disposal system for ash at one of its upcoming plants, where it was

considered to be environmentally advantageous. A brief description of the varioussystems is given below.

Bottom Handling System

The two most commonly employed systems for bottom ash extraction are : i) Continuous

Bottom Ash Extraction by Submerged Scrapper Conveyor, and ii) Intermittent Bottom Ash Extraction by means of Jet Pumps. In the former bottom ash falls into a, waterquenched, dry type, refractory lined, bottom ash hopper provided below the furnace. The

hopper which has a storage capacity of 2 to 4 hours acts as a transition chute under normal operation for transfer of spray quenched bottom ash to the water bath provided under it. The water bath is provided with a continuously moving scrapper chain conveyor

for transferring the ash to the clinker grinder. The crushed ash from the clinker grinder ferring the ash to the clinker grinder. The crushed ash from the clinker grinder is conveyed to the pumping station, either through high pressure water jets, or through a transfer sump in the boiler area. In the intermittent extraction system, the ash is collected

in a refractory lined hopper provided below the boiler furnace. The hopper has a capacity of around 12 hours, and is provided with a number of ash slurry outlets. Each of these outlets is provided with a hydraulically operated feed gate, as clinker grinder and a jet

pump. The slurry is conveyed to the pumping station through pipelines.

Fly Ash Handling System

A hydrosluicing system is adopted for fly ash transport. Ash collected in the hoppers of the ESP’s drops continuously through vertical pipes connected to the flushing apparatus,

and is continuously slurried for transport through pipes to the pumping station.

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Dry System

Fly ash collected in a group of hoppers is led to a dust tight enclosure provided with a single/chain feeder. The chain feeder runs continuously at a slow speed and discharges the ash into a pump tank for further transportation in dry form to the storage silos.

ASH DISPOSAL SYSTEM

All existing NTPC plants use the wet ash disposal system. However, for some future plants, especially near large cities, a dry ash disposal system is being contemplated. In the wet disposal system, the ash slurry is transported equipment.

The major advantage of the dry disposal system is the considerably lower landrequirement. The ash mounds formed can be of relatively large heights of 50 to 60 meters. It is estimated that with dry disposal system, land requirements can be reduced

by 60% Thus, related land degradation and socio-economic problems are significantly reduced. In addition, future reuse of the ash is facilitated. Landscaping and plantation of the ash mounds also improves the aesthetics. On the other hand, a dry disposal system

needs very careful operation to minimize fugitive dust. The drainage of the area has to be designed, taking into consideration heavy precipitation during the monsoons. The costs of a dry disposal system are relatively high. Thus, the selection of a particular system – wet or dry is site specific and detailed techno economic-environmental studies

are necessary prior to selection of the optimum system.

Considering the large volumes of ash to be transported and disposed, it is imperative to

select the location of ash disposal area with a view to minimize adverse environmental impacts. Further, the ash pond has to be designed to minimize percolation and carry over of suspended ash particles. At NTPC, the siting and design of ash disposal areas

are taken seriously.

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SITE SELECTION

Since a sizable portion of land required for a power station is for ash disposal, basically

the criteria that govern the site selection for the power station are also applicable in the case of a site for ash disposal. Once an area has been identified for a power station from engineering and environmental considerations, the choice of an ash disposal area is

limited. Ideally, the ash disposal site should be clayey, with a low water table, and with the minimum quantity of earthwork necessary. Of course, the selected area must neither be forest land, nor be prime agricultural. Obviously, the chances of finding an ideal site

are rather remote. Therefore, detailed investigations must be conducted so as to enable appropriate engineering of the disposal contamination of ground water.

SITE INVESTIGATIONS

The intent of the field and laboratory investigations is to define site conditions and to determine the quantities and engineering properties of the various substrata at the site.

This information is used to design an effective seal for the pond, as well as stable confining dykes. A general discussion follows.

ENGINEERING CONSIDERATIONS

Nearness to the plant to reduce capital cost.

Availability of suitable land for ash pipe corridor. As far as possible this should be in a straight line and on level ground or gradually sloping ground.

The ideal shape of the land is circular to minimize dyke length. The land should be regular, without any narrow projections.

The ideal site is a valley or a natural depression. This would minimize earthwork for the ash dykes.

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The ground level of the disposal area should be lower than that of the main plant area. This would be minimize pumping costs.

ENVIRONMENTAL CONSIDERATIONS

Geological Considerations

A weathered terrain is preferred over a youthful topography. The clay minerals are the end product of weathering. The clays are low permeability materials and hence bedrock seepage of the ash water is minimum. Fresh igneous or metamorphic terrains are to be

avoided as large-scale contamination of water regime through joints, fissures, etc. may take place.

Hydrological Considerations

A thorough study of the sub surface hydrology is necessary for ash pond siting and

design to predict and mitigate ground water contamination.

General Consideration

The land selected should be free from agriculture and habitation as far as practicable, so that related socio-economic problems are minimized.

MULTILAGOON CONCEPT

A relatively new concept of wet ash disposal, that is multilagoons, is now being adopted by NTPC. Since the total land requirements for ash disposal is high, the identified area is divided into 3 or more parts again. These parts are developed and used in a phased manner. Thus, disturbance to the land is limited. Further, as each area is filled, it can be

reclaimed through vegetation. The multilagoon concept is especially suitable in forested areas, where deforestation is kept at a minimum.

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MITIGATORY MEASURES

Ash water, released without proper treatment, is likely to contaminate the receiving water

bodies. Fugitive dust from the ash disposal area may lead to serve health hazards for neighboring populations. The following measures are implemented at NTPC to minimize adverse impacts.

A blanker of water (0.6m) is maintained over the ash in the ash pond. This ensures that dry ash is not entrained by the wind, causing fugitive dust.

Sufficient setting time is allowed in the ash pond before the supernatant water is released into water bodies. This ensures that the suspended solids in the effluent are well below the prescribed limits.

The pH of the effluent is monitored. If this is not within allowable limits, provisions of neutralizations of the effluent made.

The NTPC has taken a lead in the field of ash pond reclamation through vegetation.Species resistant to toxic elements in the ash are selected while planning the plantation

programme (Table-3)

The efforts made at the Ramagundam Super Thermal Power Plant of NTPC inreclaiming 10 acres of abandoned ash pond deserves special mention. The programme

undertaken by their horticultural department has produced excellent results. Selected species suitable for the special conditions were planted and have shown excellent growth.

The NTPC is adopting a novel method of afforesting the ash pond in phase (multilagoon concept) the unused areas are proposed to be developed through plantation. This will

provide additional forest cover. These forest will be harvested as and when the area is required for ash disposal. (Besides this, a green belt of at least 50 m width all around the ash pond is proposed to be developed around the ash pond is proposed to be developed immediately after land acquisition.)

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MONITORING PROGRAMME

A monitoring programme should be included in the design of a wet disposal facility. The

instrumentation should monitor changes in around water elevation and quality as well as averment of soil structures. The primary purpose of the programme is to provide early warning to potential problems. A secondary benefit is that the information obtained can

be used in future designs.

A network of piezometers installed prior to construction can establish the baseline

ground water conditions. Additional piezometers installed near the downstream toe of the dykes, measure the seepage through the dykes during operation. The frequency of readings may be tapered in case a consistent trend is established Water quantity samples may be obtained from selected piezometers to assess impacts on ground water

quality. Surface monuments may be placed at critical point along the dyke to monitor settlement and horizontal movement. The monuments are surveyed at regular intervals.

CONCLUSION

The disposal of ash generated from thermal power stations and its utilization needs considerable attention, especially in view of the large quantities involved. Although

NTPC has taken several steps in adopting the latest techniques and has taken adequate measures to mitigate the related environmental problems, awareness in general is not very encouraging. Necessary steps for abating this problem need to be taken and user

industries educated sufficiently to take adequate steps in combating this problem. As far as ash utilization is concerned, this needs to be studied in detail to overcome thehindrances faced in India. Switch over to dry fly ash disposal where necessary, locating

the user industrial nearer to the power plants, more field studies vis-avis laboratory studies, and adequate publicity, are some of the measures that can taken for promoting better ash utilization. While, the manufacture of fly ash bricks is an attractive alternative, its commercials viability is, at present, limited to a few areas. Here, the Government can

play an active role by providing incentives, like, exemption of sales tax on ash based products. Further, legislation banning the use of topsoil in the manufacture of bricks will

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provide a two-way advantage. It will conserve valuable agricultural land and at the same time promote the use of fly ash bricks.

The task ahead of us in challenging, but with enhanced efforts and cooperation, it is well within our abilities.

TABLE-2CONCENTRATION OF TRACE ELEMENTS IN INDIAN COAL AND FLY ASH

(AVERAGE OF EIGHT SAMPLES) DATA IN mg/kg

Element Coal Fly Ash

Na 289.00 1299.00K 2075.00 18275.00La 47.60 238.00Sm 0.753 1.99

Au 0.136 0.63Hg 11.00 48.90Th 5.34 25.00

Cr 62.80 404.00Hf 7.10 32.60Sc 10.50 30.20

Fe 20888.00 106665.00Zn 539.00 2027.00Co 33.40 128.00Ta 1.53 5.05

Cu 0.95 5.60Ce 30.20 14.50Tb 1.83 6.87

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INTRODUCTION

Ecology is defined as the study of organisms in reciprocal relationship with theirenvironment. It deals with inter-dependence and inter-relationship of organism with biotic and abiotic environment. The structural and functional systems of community and its

environment are called on “Ecological System” or “Ecosystem”. The biotic component of an ecosystem consists of plants and animals and abiotic component comprises of water, air, soil and physical factors like light, wind, temperature, etc. Ecosystem, are named

after type of organism and habitat conditions such as grassland ecosystem, forestecosystem, river ecosystem, marine ecosystem etc.

Ecology has become an important issue in the recent years. Since man lives in harmony with nature where all factors are interrelated, a slight change in any one factor produces numerous involved alterations. The developmental activities when designed and planned in disharmony with nature without ecological consideration lead to gradual degradation

of life support systems such as water, air and soil. To determine the impact of an activity, it requires a careful of surrounding ecosystems.

ENERGY VERSUS ECOLOGY

Energy plays a pivotal role in the life of man and progress of a nation. Electricity is one of the most convenient forms of energy. Based upon the known resources of coal, it is

expected that coal based thermal power plants will be backbone of thermal powerindustry. According to latest figure, coal responses under field and laboratory condition have been classified into sensitive and tolerant species, e.g. Azadirchta indica (neem),

Albizzia lebbeck, Mangifera indica, Dalbergia sisso etc. have been reported to besensitive plants, and ficus religiosa, Shorea robusta, Terminalia arjuna, Polysalthia,longitolia as resistant plant. The sensitive plants are used for identifying and bio-

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monitoring of air pollutants, and tolerant plants are used as pollution sink for reducing air pollution level. These days, it is emphasized to develop shelterbelts or resistant trees

around industrial complexes to counteract pollution.

Particulate pollutant may affect the plant growth through changes in epldermal layer of leaves, stomatal clogging and heat balance of plants Layer of fly ash particles on leaf

surface cuts the available light thus affecting photosynthesis. Stomatal clogging affects physiological and gaseous exchange processes. In acute cases, leaf lesion in the form of brown necrotic patches may develop. Particulate significantly hampers the process of

pollen germination and fertilization at the time of flowering and fruit setting.

Occupational Health Effects

Health effects of air pollution from coal combustion include increased attacks inasthmatics and increased respiratory diseases. In addition, lessened immunological

response, reduced Vit C in blood and toxic effects of many trace elements have been observed. Short term exposure may cause problem of odour, eye irritation andnasopharyngeal ailments. Besides, workers are potentially exposed to noise and heat

stress which may induce psychological effect.

Effects On Avifauna

Usually local as well as migratory birds of the area tend to veer away from their flight path due to unfavorable environmental changes brought about during construction and

operation of thermal power plants. Direct mortality of birds may occur due to striking against tall stacks and breathing higher concentration of pollutants.

Acid Rain Effects on Ecosystem

Acid precipitation in certain areas have been linked to emission from power plants in New York State, New England, Canada and Scandinavia. Acidic pollutants such as SO2

and NoX, precipitate along with rain and affect aquatic and terrestrial ecosystems and human health. Acid rain can produce lesion on plant leaves. Experiment with agricultural

crops have shown significant reductions in productivity. Long term effects on natural

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terrestrial ecosystem may be associated with changes n soil chemistry and microbial population ultimately affecting overall nutrient cyclone.

Acid rain in general accelerates aging of unbuffered fresh water bodies towards abiologically sterile oligotrophic state. Sensitive species of plants and animals disappear and are replaced by acid tolerant species. Fishes in such water bodies experience not

only direct stress but also due to reduction of their natural food sources. The Principal variable determining the aquatic impact of acid rain is the natural soil alkalinity of the watersheds, tributary to fresh water bodies.

In field condition, organisms are exposed to an array of pollutants simultaneouslytherefore the effects is synergetic. The deleterious effects of stack emissions may be

substantially reduced by installing effective air pollution control devices.

WATER POLLUTION

Thermal Pollution And Aquatic Ecosystem

In a thermal power plant large quantities of heat must be dissipated into theenvironment, Of this, the majority is with the condenser cooling water. Normally, surface waters are withdrawn from a nearby source, pumped through the condensers, and discharged back into the water source. A large quantity of hot water discharged into the

natural water body affects the physical, chemical, and biological characteristics of the receiving water bodies. Changes also occur in metabolism, reproduction anddevelopment rates of many organisms. These alterations result in a change in the

structure of the aquatic ecosystem. Another possible impact of the thermal discharges on the aquatic community is due to thermal shocks, that is a rapid change intemperatures caused during start-up and shut down of units.

However, not all the changes that may occur are detrimental. Sometimes, the heated discharges may prove to be beneficial to certain commercial species. It is therefore, all the more important to be able to predict the impacts of heated discharges on the natural

water bodies. Impact assessment studies are normally conducted to predict the impacts.

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Preliminary assessments are made even during the site selection stage, so that sites, where significant adverse impacts are probable can be avoided. In some cases, many of

the adverse impacts may become necessary to utilize cooling towers to reduce the thermal discharges into the natural water bodies.

Liquid Effluents And Aquatic Ecosystem

Liquid wastes, such as, metal cleaning wastes, ash water discharge and coal storage

area drainage, may contain high concentrations of toxic substances such as copper, arsenic, lead, aluminum, cyanides, etc. The discharge of such substances into natural water bodies may cause a violation of recommended standards, thus endangering

populations utilizing the water for drinking. Another potential hazard is bio-accumulationof toxic substance. Aquatic life system can be gravely disturbed by oil contamination. It has been demonstrated that egg laying by bird is inhibited when they ingest smallquantities of oil. It also reduces the amount of dissolved oxygen by preventing the mixing

of air with surfaced water. The sunlight penetration will be adversely affected, hampering the photosynthesis of adage and aquatic plants.

These impacts due to liquid effluents can be avoided by estimating the concentrations of the toxic substances in the discharges and necessary treatment prior to discharge into natural water bodies.

Effect Of Entrapment And Entrainment Of Aquatic Life

Entrapment

Trash racks and screens are normally provided at the cooling water intake structures.

Due to the high velocity of the Intake waters at these structures, weakly swimming fishes are trapped in the structures and are unable to swim out. A number of these fishes are also impinged. This Issue needs consideration during the design of the intake structures.

The types and species of fish likely to get affected and their characteristics need to be identified and the intake structures designed to minimize this impact. Some of themitigative measures employed are to maintain approach velocities of less than 0.15 m/s.

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to follow fish escape routes, and to use travelling Intake screens that allow the trapped fish to escape.

Entrainment

Entrainment or inner plant passage is defined as the passage of planktonic and weakly

swimming organisms through the cooling system. These species are not trapped at the intake screens and are carried through the plant along with the cooling water. These organisms are subjected to mechanical, chemical and thermal stresses. Mortality rates

are high for zooplankton and post larval fishes. Entrainment may be a serious issue, especially in estuarine systems, which are normally highly productive. Once again, knowledge of the aquatic ecosystems is essential in assessing ecological impacts.

Alternative sites or the use of cooling towers may have to be considered in casesignificant adverse are anticipated.

Effect Of Solid Waste Disposal On Ecosystem

A huge quality of ash is generated during coal burning in thermal power plants. This ash

is usually hydraulically conveyed to low lying ash disposal area. The ash particles settle down while the transport water is discharged into natural water course. Eventually all flora and fauna of ash disposal area will be destroyed. A part of ash transport water may

percolate and may contaminate the ground water because ash particle contain many toxic elements. Therefore, leachable quality should be estimated and their impact on ground water should be assessed while ash disposal are selected. Mitigative measures include proper site selection, minimizing the quantity of leachate by proper engineering

and reuse of the ash.

There is probability that ash particles would come in contact with the terrestrial and

aquatic ecosystems during and after their disposal. Ash deposited in ash bunds area may pose dust hazard as It dries out.

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CONCLUSION AND RECOMMENDATION

It is obvious from above discussion that thermal power plants may cause serious

damage to ecology of the area if proper eco-considerations are not incorporated at the initial stage of construction and operation of TPP. Reconnaissance ecological survey of potential site should be made prior to execution of the project so that probable significant

adverse impact can be avoided by introducing mitigative measures at the design level. Use of effective pollution control equipments with proper site selection may minimize adverse ecological impact, to a great extent.

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QUESTIONNAIRE

BASIC INFORMATION ON ENVIRONMENTAL APPRAISAL

1.0 GENERAL INFORMATION ABOUT THE PROJECT

1.1 Name/Title of the project. :

1.2 Name and address of the

project proponent. :

1.3 Site where proposed plant

is to be located (Site Map,Land Layout Plan to includea 25 Km radius zone aroundsite, to be enclosed). :

1.4 Capacity of the projectunder consideration. :

1.4.1 Whether alternative sites were explored? If so, give

following details for each site (Map to be enclosed). :

1.4.2 Land use pattern of the land. :

1.4.3 Cost of land per acre/hectre. :

1.4.4 Govt. land/Private land/others :

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1.4.5 Topographical feature.demographic profile &

physiography. :

1.4.6 Nature of Soils. :

1 4.7 Distance from the nearesttown/city/major humansettlements. :

1.4.8 Population to be displaced. :

1.4,9 Distance from water source. :

1 4.10 Area of forest land, ifinvolved. :

1.4.11 Distance of forests fromthe site. :

1.4.12 Give basis for selection ofthe final site. :

1.5 Is This an extension? If so indicate capacity of the existing plant. :

1.6 What is the ultimate capacity envisaged. :

1.7 Name and address of the person,consultant, if any. :

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2.0 GENERAL ENVIRONMENTAL INFORMATION

2.1 Details of major Industries, thermal power plants, mines, quarries etc. existing within a radius of 25 Km of your plant. :

2.2 What is the total human populationwith a radius of 25 km of the

pattern of population dispersal. :

2.3 Give a broad description of the site.

Attach maps showing topographical feature. :

2.3.1 Nature of Soils :

2.3.2 Area of land proposed to be acquired (Attach layout plan) :

1. Area required for plant. :

2. Ash Disposal. :

3. Colony (Indicate separately for departmental staff, contractor’s

staff and others If any). :

4. Transmission corridors and

power evacuation system. :

5. Approach road, railway, bridges etc. :

6. Others :

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2.3.3 Present use of land: Agriculture/forest/grazing/human settlement/

fallow. :

2.3.4 Area proposed to be build upor developed :

2.3.5 Specify site characteristics, River basin/estuarine/coastal/

others. :

2.4 Is the site situated in the forest area?

Give following details. :

2.4.1 Area :

2.4.2 Type of forests :

2.5. Is site situated near to the

forests? Give the distancefrom the site. :

2.6 Give a description of the flora within 25 km of your plant siteunder the following heads :

a) Crops :b) Forest :c) Grass Land :

d) Endangered species :e) Other (specify) :

2 6.1 Give a general description of the fauna, especially wildlife,

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endangered species etc. within a radius of 25 km. :

2.6.2 Give details of the following features, if they exist, withina radius of 25 km of the

proposed site? :

1 Fisheries :

2. Sanctuary/natural park/ biosphere reserves :

3 Lakes/Ponds/Reservoir :

4. Stream/river :

5. Approach road, railway, bridges etc. :

6. Others :

2.3.3 Present use of land: Agriculture/forest/grazing/ human settlement/fallow. :

2.3.4 Area proposed to be built-upor developed. :

2.3.5 Specify site characteristics.

River basin/estaurine/costal/others. :

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2.4 Is the site situated in theforest area? Give following

details:-

2.4 1 Area :

2.4.2 Type of forests :

2.5 Is site situated near to the

forests? Give the distancefrom the site. :

2.6 Give a description of the florawithin 25 km of your plant siteunder the following heads:-

a) Crops :

b) Forest :

c) Grass land :

d) Endangered species :

e) Others (Specify) :

2.6.1 Give a general descriptionof the fauna, especially wildlife,endangered species etc.,

within a radius of 25 km. :

2.6.2 Give details of the following

features, it they exist withina radius of 25 km of the

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proposed site?

1. Fisheries :

2. Sanctuary/natural park/biosphere reserves :

3. Lakes/Ponds/Reservoir :

4. Stream/river :

5. Estuary/Sea :

6. Hills/mountains :

7. Historic/cultural/tourist/

archaeological/scenic sites/defence installations. :

2.7 Human Settlement :

2.7.1 Total number of persons : Depart- Contrac- Others Total

proposed to be employed mental torsemploy- employ-ees ees

1. During construction :2. During operation :

2.7.2 Do you proposed to build a township/housing quarters for your employees/contractors

workers? :

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2.7.3 Area required for above. :

2.7.4 Population to be accommodated. :

2.7.6 Services provided in township :

1. Daily consumption of water :

2. Sewer System :

3. Sewage treatment :

4. Drainage :

5. Any other :

2.7.7 Number of persons to be displaced along with details of theiroccupation & incomes. :

2 7.8 Number of persons who do not ownproperty but derive their

sustenance from the land to beacquired. :

2.7.9 Details of rehabilitation plans

for oustees. :

2.7.9.1 Site where they will be resettled :

2.7.9.2 Compensation to be paid :

2.7.9.3 Authority responsible for theirresettlement. :

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3.0 FUEL USE

3.1 Type, Quantity and Characteristics of fuel

Fuel Tonnes/ %Ash %Sulphur Source of supplyits distance

from the site

Coal

Oil

Other(Specify)

3.2 Has the linkage been established? :

3.2.1 Name of Mine/Block :

3.2.2 Is it a working mine or yetto be opened? :

3.2.3 Is the mine situated inthe forest area? :

3.3 Please furnish a fuelanalysis report from a recognised laboratory

(Details to include percentage tage contents of C, H, N, S and Oxygen (If any) and

gross calorific value). :

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3.4 Indicate the type of fuel firing to be adopted. :

3.5 Air to fuel ratio to be specified. :

4.0 WATER

4.1 Water Use and Liquid Wastes (Provide a detailed water

balance diagram). :

4.2 What is the source of water?

Will it be adequate for future use? Do you propose any measure of augment the water supply and how it will affect the other users? :

4.3 Lean season flow. :

4.4 Give details of the receiving water body. :

4.5 Average daily quantity of water required for

1. Cooling :

2. Wet Ash Disposal :

3. Process :

4. Others :

5. Total :

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4.6 What type of cooling system is proposed: once through

closed.

1. Give temperature difference between inlet

and outlet water. :

2. Annual temperature

profile of the receiving water. :

4.7 Quantity and expectedcharacteristics of thewaste water dischargedper day from the plant.

1. Cooling :

2. Ash Disposal :

3. Process :

4. Others :

5. Total :

4 8 Type of Waste Water Treatment proposed to be

adopted for each stream. :

4.9 Applicable standards and

regulations for the effluents. :

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4.10 Point of final discharge:Fallow land/agricultural land/

sewer/river/lake/bay/estuary/sea. :

4.11 Mode of final discharge:Open channel/pipe line/

covered drains. :

4.12 If the liquid effluents are

finally discharged in river/pond/lake, the impact on the quality of water at the

nearest human settlement should be mentioned. :

4.13 Details of reuse of

waste-waters, if any. :

5.0 AIR EMISSIONS

5. 1 Please furnish for your location. :

5.1.1 Wind rose. :

5.1.2 Mean. maximum and minimum temperature for every month

of the year. :

5.1.3 Mean wind speed. :

5.1.4 Humidity, rainfall. :

5.1.5 Mean cloud cover. :

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5.1.6 Percentage (frequency) occurrence of inversions

and heights. :

5.2 Please specify the following:

5.2.1 Number of stacks. :

5.2.2 Number of flues in each stack. :

5.2.3 Inter-stack distance. :

5.2.4 Height of each stack. :

5.2.5 Internal diameter of eachstack of the base and top. :

5.2.6 Gas Velocity :

5.2.7 Flue gas characteristics

1. Volume :

2. Temperature :

3. Density :

4. Size distribution of particles :

5. Gas composition :

5.2.8 Heat emission rate of gases

(Kcal/hr) from each stack. :

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5.2.9 Emission rate of SO2, NOX

and particulate from each

stack in kg/hr. :

5.2.10 Background pollution levels of SO2, NOX and particulate. :

5.3 a) What kind of stack emmission monitoring is proposed? :

b) What equipment is proposed to be acquired or used for this

purpose. :

5.4 Give details of the air pollution control equipment proposed

to be installed. :

5.5 Give details of the organisational

set-up for maintenance of pollutioncontrol equipment and level of expertise and authority of person

incharge. :

5.6 Emission rate of particulates and sulphur dioxide to be released

when control equipment is. :

5.6.1 Functioning normally :

5.6.2 Not functioning :

5.7 What special procedure do you propose to lay down for pollution

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control during periods when emission exceeds prescribed limits for any

reason including malfunction of pollution control equipment. :

5.8 Other types of pollution. :

5.8.1 Details of measures to control noise. :

5.8.2 Details regarding prevention and control of fire and explosion hazards. :

6.0 TRANSPORTATION OF FUEL

6.1 Proposed mode of transport of coal/oil/gas. :

6.1.1 By rail/MGR :

6.1.2 By sea :

6.1.3 By road :

6.1.4 By ropeways :

6. 1.5 Others :

7.0 COAL AND ASH HANDLING

7.1 What procedure will beadopted for coal handlingat the plant site. :

7.2 Give details of dust suppression/

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collection equipment for reducing pollution from coal fines and other

fugitive missions from coal handling (wagon trippling conveyor transfer points, storage. crushing mills, bunker filling etc.). :

7.3 How do propose to prevent/treat the run-off from the

coal storage/handling areas. :

7.4 What quantity of fly ash and

bottom ash will be producedper day? :

7.5 Indicate the method of

collection, transport and disposal of the ash. :

7.6 What efforts have been madeor your wish to make towardsutilization of ash Bricks/

cement/road construction.Landfil/soil stabilization/otherforms of disposal or use. :

7.7 What precautions are proposedto be taken to prevent pollution of water course and

ground water from solid wastedisposal, especially withregard to coal particles and

ash slurry? :

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7.8 What land area is availablefor ash disposal? Will it

be sufficient for the expectedlife of the plant (say 30-35years)? :

8.0 CONSTRUCTION MATERIALS

8 1 Indicate source of supply of

stones and location ofquarries in the site map withthe alignment of the roads

to the project Site and thedistance from the site. :

8.2 Source of supply of sand

and it’s distance from thesite. :

8.3 If new roads are to be built whether their alignment is through agricultural land/forest/

grazing land/human settlements/fallow land. :

8.4 Mode of transportation of

heavy equipments, cement & steel i.e. by road or rail or sea. :

8.4.1 Name of the nearest rail headwhere they will be off loaded andits distance from the site. :

8.4.2 If a new road is to be built

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from the rail head, the details of land to be acquired

should be given. :

9.0 OCCUPATIONAL SAFETY AND HEALTH

9.1 Health status of workers especially these engaged in the coal handling, ash collection

and ash disposal areas. :

9.2 Whether any adverse health

effect due to noise were observed among the workers engaged in the turbine, compressor room, crushing mills etc. :

9.3 If the plant is new, precautionary measures proposed to be taken for

safety and health protection of workers may be mentioned. :

10.0 ENVIRONMENTAL MANAGEMENT

10.1 Give details of organisation set-upyou propose to have for pollution

monitoring and control. :

10.2 What is the level of expertise

of the person incharge ofpollution control? :

10.3 Briefly outline the proposed environmental monitoring

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programme. Mention number of observation sites and frequency

of observations addressing to the following parameters. :

10.3.1 Air :

10.3.2 Water :

10.3.3 Ground Water :

10.3.4 Stack Monitoring :

10.4 Have you been asked by Central/ State Pollution Control Boards to take any special environmental

control measures and how do you proposed to carry out these obligations? :

10.5 Raising of green belt (Area may be indicated in a map) :

11.0 DETAILS OF EXISTING UNITS

11.1 If it is an extension, please

furnish the following details in respect of the existing units. :

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S. No. ExistingUnits& theircapacity

Effici-encyofESP

FuelConsumption(coal, gas)(Tones. Day)

SulphurContent

StackHeight

Heatemissionrate in K. cal/hr.from each stack

Stackemission in kg/hr.SO2 NOX

Particulates

11.2 Have there been public complaints or Questions in the

Parliament or State Assembly regarding the Env. problemsposed by the existing Units.

If so, give details. :

12.0 Have there been any representations/

protests from the public/voluntary organizations against the siting of the new units/plant at the proposed locations. If so, give detail. :

13.0 ECONOMICS OF POLLUTION CONTROL

13.1 What is the total project cost? Capital & Recurring. :

13.2 Indicate costs of pollution control

under the following heads. :

Copital/Recurring(annual) :

13.2.1 Fly ash control :

13.2.1.2 Fly ash control :

13.2.1.2 Sulpur dioxide control :

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13.2.1.3 Oxides of Nitrogen control :

13.2.2 Water :

13.2.3 Solid Waste :

13.2.4 Others (specify) :

TOTAL

Name :Designation :

Organization :

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INTRODUCTION

While electricity is a clean form of energy at the point of consumption, the processes of its generation through thermal power plants are by no means non-polluting. In fact, the coal based thermal power plants may pose significant environmental pollution problems,

if adequate preventive and control measures are not adopted. Many of the adverse impacts of coal based plants are amenable to technological control and can be foreseen and minimized through judicious siting, preparation of detailed environmental impact

assessment for the chosen site and finally through effective environmental management at the operating plant. Each of these three sets of actions are described in the sections that follow. Since the project authorities are now required to obtain clearance from the

Department of Environment and the Pollution Control Boards, these environmentguidelines will help the project authorities to identify the range of parameters that should be taken into account for setting up a Thermal Power Station (TPS).

ENVIRONMENTAL GUIDELINES FOR SITING NEW THERMALPOWER STATIONS

Introduction

The impact that a power station has on the environment depends to a large extent on its

location with respect to the load centre, populated areas, open water bodies, agriculturaland forest lands, etc. Proper siting of TPS could reduce the cost of pollution control measures to be taken and could also greatly reduce the total damage these stations can

cause to natural and human environment. Environmental aspects of topography,geology, hydrology and meteorology must be incorporated in selection criteria for the plant site, fuel storage and waste disposal areas. The need for clear guidelines to select environmentally acceptable sites fuel storage and waste disposal areas. The need for

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clear guidelines to select environmentally acceptable sites of TPS has long been felt. These are listed below.

Siting Criteria

Locating of Thermal power plants should be avoided within 25 km of the peripheries of the following areas:

Metropolitan cities;

National parks and wildlife sanctuaries; and

Ecologically sensitive areas like forests, biosphere reserves, estuaries,mangroves, Swamps, important lakes and coastal areas rich in coral formations.

No TPS should be located within 500 metres from high tide line.

The site (chimney) should not fall within the approach funnel of the runway of the

nearest airport.

The site should be atleast 500 meteres away from the Flood Plan of the Riverine

Systems.

The site should also be atleast 1/2 km away from highways and railways.

Location of TPS should be avoided in the vicinity of places of archaeological, historical, cultural, religious or tourist importance and defence installations.

The plants should be located on the leeward side of the exclusion zones with respect to the predominant wind direction, and town planning should regulate growth in theexclusion zone to avoid residential development.

In view of the limited availability of fresh water resources and to avoid thermal pollution, TPS should avoid once through cooling and give preference to dry/wet cooling towers.

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Siting of super TPS or a number of TP Stations coal mines will require more stringent pollution Control measures specially for ash disposal.

ENVIRONMENTAL IMPACT STATEMENT (EIS)

Introduction

The purpose of the EIS is to determine as precisely as possible, within the present limits

of knowledge and expertise, the likely environmental impacts of and expertise, the likely environmental impacts of a planned developmental activity. A proper EIS, where in all claims are supported by scientifically established data/modeling, should contain the following sections:

Description of Site and its Environs

The details related to the site, including the current land use pattern, the demographic and socioeconomic profiles of the villages and nearby towns, flora and fauna etc. should

be described. A site map should be attached showing the location and the layout of the proposed plant. As alternative sites are normally considered, a brief justification is required as to why this site has been chosen over other sites about which general environment indicators should also be supplied.

Land Requirements

The total amount and type of land required for the plant itself, for the housing colony, ash disposal areas and for fuel transportation and power evacuation corridors must be fully

justified.

Relocation of Displaced Persons

There is a tendency for TPS of the sizes being constructed today to acquire land in thousands of acres generally far in excess at the actual requirements.

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This necessitates the displacement of more local people than would otherwise be the case. Efforts should be made to identify sites where land is predominantly government

owned and unoccupied and effective rehabilitation or the displaced people, owners and dependents on and, must be detailed out and be the direct responsibility of the project authorities.

These plans must incorporate the existing occupational and cultural ways of life of the displaced people

Impacts during Construction

An EIS should also include plans as to from where construction materials like stones and sand will be acquired and transported to the site. EIS report should include the impacts on land, soil, hydrology, water quality, air quality, ecology, demography etc. during the construction phase.

Meteorology and Air Quality

The existing background ambient air quality levels for sulphur-dioxide, nitrogen oxides, and total suspended particulates should be provided along with the meteorological

conditions at the site.

Using these data from above and the expected emissions from the TPS, the predicted levels (isopierns) of these pollutants should be computed for an area with a radius of 30

km around plant.

Hydrology and Water Quality

Possibly the second most serious impact of TPS is on the water quality of receiving

bodies. An EIS should include details of the source and total requirements of water and the quality of water required for the demineralisation plant. The intake and the final discharge points for cooling water and the choice of cooling systems (closed or once through) should be indicated. The water characteristics of the cooling tower and

condenser blowdown and of the effluent from the ash dykes should be predicted. Finally,

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this section should contain details of the proposed liquid effluent treatment system and of the impact of the discharge water temperature on aquatic life.

Occupational Safety and Health

This section provides estimates of likely stresses (heat, noise, dust and chemicalpollutants) in different areas of the plant and a listing of protective and safety measures to be taken for workers engaged in the different operations, especially at the coal

handling areas, conveyors, tippling and transfer points, crushers, etc.

Transport and Handling of Coal

An EIS should contain details of how will Coal be brought to the plant. The arrangements for coal handling at the plant should also be described.

Impacts on Sensitive Terrestrial Targets

Within the 25 km radius of the project site both short-term and long-term impacts on especially sensitive targets, such as endangered species of wildlife or plants, an

economically important crop, a historically important site, or populations of elderly or infants, must be spelt out separately in this section.

Control Technologies

Finally, an EIS must contain a description of necessary measures and control

equipments to be adopted to meet the stipulated standards. Details of post- operational environmental monitoring and the redundancies incorporated control technologiesshould also be provided.

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ENVIRONMENTAL MANAGEMENT OF THERMAL POWER STATIONS DURING THE OPERATIONAL PHASE

Introduction

A number of safeguards must be provided during the construction phase of the TPS and their effectiveness monitored periodically after the plant has become operational. These are enumerated below:

Solid Wastes

To the extent possible, dry fly ash from the ESPs and boiler furnace, should be utilized for making economically useful products such as bricks, road filters and binders and cement.

When the reuse of solid wastes is uneconomical for any particular location, the ash should be used as landfill or disposed off in some other environmentally acceptable manner, e.g. in abandoned underground mines, not susceptible to water seepage.

Ash disposal areas should be planned downwind of villages and townships.

The site for waste disposal should be checked to estimate permeability, so that inorganic substances do not reach the ground or surface water bodies.

The height of the disposal site should be kept as low as possible so that the landscape is not marred.

An intensive programme for tree plantation on disposal areas should be undertaken. The

ash disposal areas should be divided into number of blocks and after one block has been filled-up with ash, the other block should be taken up for ash filling. The filled-inblocks should be provided with vegetal cover.

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Human Settlements

The rehabilitation of persons who are displaced or have lost agricultural land due to siting of the power plant should be carried out by the project authorities or the competent Authority in consultation with the local civic bodies. The project authorities should meet

the cost of rehabilitation.

Residential colonies should be located on upwind side away from the power plants at

distance more than 10 times of the effective stack height.

Air Pollution

Monitoring of background pollution levels should be carried out regularly covering all the measures so that reliable estimates could be made as to the impacts on the ambient air

quality from the plant concerned.

The stack height of the TPS should conform to the standards prescribed by

Central/State Pollution control Board for better dispersion of pollutants over a wide area.

Adequate control equipment should be installed for controlling the emission of pollution

from the various stacks as per the standards stipulated by the Central/state Pollution Control Boards. In the special circumstances when sulphur removal is consideredessential (e.g. for high sulphur fuel, multiple stations in close proximity, future variations in fuel quality etc.) provision should be made for some form of desulphurization.

For start-up and for flame stabilization at partial loads, the use of a low-sulphurpetrochemical is recommended to reduce SO2 emissions.

Pollution control equipment having adequate efficiency should be installed to meet the emission standards, and their efficiency in terms of output concentrations of pollutants

should be monitored and recorded regularly as per the guidelines of regulatingauthorities.

Pollution control equipment should be designed for the worst anticipated quality of coal.

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The emission levels of pollutants from the different stacks should conform to thepollution control standards prescribed by Central or State Boards.

A continuous monitoring and recording system for estimation of emission of sulphur dioxide, nitrogen oxides and particulate from the stacks of the TPS should beestablished.

Similarly, ambient air quality monitoring should be undertaken regularly in areas near the power plant. Infrastructural facilities including meteorological observations should be

provided for monitoring emissions and measuring the ambient air quality in the areas.

Liquid effluents containing oils, grease, resins and other chemicals from the different

plants of the power station should be treated as per the standards prescribed by Central/State Water Pollution control Boards.

The hot water discharge from the condenser should be considerably cooled down as per

the standards of the Central/State Water pollution Control Boards before beingdischarged to the surface water to avoid any adverse effect due to thermal pollution on the aquatic life (fishes, phyto-and zoo-plankton) and marine life (oysters, corals, shrimp,

crabs, etc.). It is desirable to study the potential impact of heated water on the aquatic life in water temperature from the discharge. The rise in ambient water temperature from discharge should be periodically monitored.

Appropriate steps for disposal/reuse of ash slurry must be made so that adjoining surface or groundwater supplies are not polluted.

Assessment of water quality by biological indicators (bacteria, algae and macroinvertebrates) should be periodically carried out.

Occupational Safety and Health

Proper precautionary measures for the workers engaged in coal handling operations should be taken. They should be examined regularly for lung diseases. Personal

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protective equipment such as dust masks, respirators, helmets, face shields, etc. shouldbe provided to the workers.

Adequate measures should be taken to control the levels of noise and vibration in the compressor room, turbine areas, etc. and the noise levels kept below 85 dB. Where the noise level exceeds 85 dB, workers should wear ear muffs for their protection. Ear plugs

will not reduce the effects of vibrations, which must only be controlled at source.

House Keeping

Proper house keeping and cleanliness should be maintained both inside and outside the

plant. Adequate dust control and other pollution abatement measures should be taken to check the emission of dust from coal handling areas, such as wagon tippling points, crushers. pulverizers, conveyor transfer points, etc.

A green belt whose width would vary between 50-500 m depending upon meteorological conditions and the extent of nearby habitations should surround the periphery of the TPS and should be taken in hand before construction.

Emergency planning

Disaster planning for meeting emergency situations arising due to fire and or explosions particularly in the coal, oil and gas handling areas is essential for all power stations. Fire fighting equipment should be kept ready for use during emergencies.

Redundancies and space capacities have to be built into the pollution controlequipments so that the standards are always adhered to.

Environmental Management Cell

An environmental management cell with appropriate expertise and training facilities should be established at the TPS for managing the environmental problems arising bothwithin and outside the plant.

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INTRODUCTION

Modern industrial activities have the potential to severely interfere with the natural environment through deforestation discharge of solid wastes, liquid effluents andgaseous emissions. Power development though important in achieving economic self

reliance, its thoughtless interference with the natural surroundings has led to serious concern the world over. The ill conceived establishment of industries brings about undesirable alteration that often fails to merge with nature. The afforestation activities of

the industrial region not only serve as foreground and background landscape features but also contribute to the overall improvement in the environment.

IMPORTANCE OF VEGETATION

The forests, in addition to regulating the climatic features of the world, provide a number of useful products to mankind. On the contrary, deforestation accounts for a chain of

events starting with soil erosion and culminating in infertile (sterile) land unfit forcultivation. The crucial need for conservation and restoration of the degraded eco-system and preservation of genetic resources of the country led to the enactment of the

Wild Life Protection Act (1974) and ‘Forest Act (1980)’ in addition to the legal Acts of Air, Water and Environment. The satellite pictures depict a dismal figure of 8 to 10% of forest cover in the country against the desired 33%. This figure may further get reduced if indiscriminate feeling is not checked right away and supplemented simultaneously with

appropriate afforestation programmes.

Vegetation has an in-built mechanism to absorb a wide variety of pollutants. The

establishment of protective forests around the projects will result in many intangible benefits such as providing shelter belt; green space for outdoor recreation; reducing sound; conditioning and improving the local environment.

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ENVIRONMENTAL CONSCIOUSNESS

Harmony between man and his environment is the essence of healthy life and growth.

And, therefore, maintenance of ecological balance and a pristine environment has been of outmost importance to NTPC. Environment planning and preservation is an integral part of its project activities. Stringent measures have been evolved to minimize pollution.

What’s more, in a concerted bid, to counter the growing ecological threat, NTPC is undertaking afforestation programmes covering vast tracts of land in and around its projects.

The Earth’s climate may be growing warmer consequent to atmospheric accumulation of green house gases. Forests\plantations might be able to moderate or postpone thebuild-up of atmospheric carbon and thereby delay the incidence of global warming.

In fact, it is estimated that 1 m3 of biomass contains 0.26 tons of carbon and one hectare of new forest will sequester about 6.24 tons of carbon annually. Thus about 465 million hectares of new plantations would be needed to sequester the estimated annual

increment of 2.9 billion tons of free carbon.

35 lakh trees planted in NTPC projects account for 3500 ha. with an average of 1000

plants per ha.

FOREST BANK

An innovative proposal to create Forest Banks in each State was made in January, 1989. The idea was that the Forest Departments of all States\Union territories shouldidentify lands to initiate plantations under various programmes of the state. Such areas

would facilitate any power project be it of the State or Centre, to Draw necessaryCompensatory afforestation area, against the existing balance in the Forest Bank. This will ensure that projects need not wait for clearance for want of identification of areas and State Governments concurrence for compensatory afforestation. Since afforestation

could be a continuous process, more and more areas could be brought underafforestation from time to time so that there is always adequate balance in the bank against which the power projects could draw upon. NTPC emphatically feels that such

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Forest Banks would go a long way in environmental conservation and protection. NTPC has agreed to make funds available to MOEF for undertaking afforestation in an area of

about 500 ha. near any of its projects and is extremely keen that this concept beimplemented on priority by the State Governments.

APPROACH BY NTPC

It has been possible to achieve a satisfactory combination of environmental quality and techno-economics, through determined efforts at NTPC for its projects. The prime

objective of the management is to prevent impairment and to safeguard the balances in the natural environment. Continuous vigilance is maintained to minimise pollution apart from other management programmes taking root simultaneously with constructionactivities.

PLANTING PROGRAMME

The appropriate afforestation programmes for plant, township green belt and others are prepared for implementation at the site. The species are selected on the basis of their adoptability and are clubbed with the local representatives. The growth characteristics, flowering and canopy nature are evaluated in their distribution pattern over these areas.

These considerations not only contribute to the aesthetics but also go a long way inserving as Sinks for the pollutant discharges as well. At times, they combat pollutants

from other industries in the surrounding area.

As a policy, the company lays special emphasis on tree plantations in the project areas

and its surroundings. The general guidelines evolved at the Corporate Centre from time to time are regularly issued to the projects for implementation. Saving the existing trees; planting right at the beginning of construction activities, preservation of trees and advice from State Forest Departments and Agricultural Universities are certain general

guidelines followed by NTPC in the tree planting programmes. The site-specificafforestation details conform to natural climatic conditions and adaptability of thespecies.

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The nature of species and their resistance to pollution are given due consideration in the selection of species. The species are grouped into a heterogeneous combination to

impart a natural and healthy assemblage.

The arrangement of species in the green buffer zone conforms to a hexagonal pattern to facilitate maximum density of species. In addition, the growth pattern and canopy of

species are evaluated in their actual locations of hexagonal pattern which help uniform canopy spreading. Since the cultivation of single species (Monoculture) is susceptible to pathogenic attack and elimination of the entire population, this is totally avoided in the

afforestation planning. The afforestation plan includes a separate area for the cultivation of fruit species. The tree plantations, development of gardens and parks in and around the township add to the general aesthetics.

NTPC has developed independent horticulture department at the projects headed by experienced horticulture officers/supervisors. A number of workmen assist in thesuccessful implementation of the afforestation programmes. NTPC, as an institutional

member of the society for promotion of wasteland development, derives technical advice and guidance in respect of afforestation activities.

NURSERY

The nursery ensures good quality planning stock so vital in the success of plantation programmes. In order to reduce the transport cost and damage to the planting stock,

nurseries have been developed or projects to meet the planting requirements. However, the Forest Departments are approached for the initial requirements of the saplings.

SPECIAL AREAS - ASH POND

The ash pond sites at the projects are considered an environmental nuisance.The reclamation of such sites is still a challenging task. A humble beginning to convert

even such sites into green areas has recently been made.

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The experimental trials of growing some species over the temporary ash logoon directly (without soil cover) were carried out at Ramagundam Super Thermal Power Project

(RSTPP). The species such as Eucalyptus globules, Acacia auriculiformis, Casuarina equisetifolla, lpormea carnosa and Leucaena glauca have shown excellent growth performance over 3-4 years since their transplantation on to the ash pond in 1986. The successful adaptation of these species has encouraged us to conduct further trials and

soon we hope to add a few more species to the above list.

A beginning similar to RSTPP. has been recently made on reclaiming the ash pond area

at KSTPP. About 25,000 plants have been planted in the ash disposal area directly on the ash.

Of the 25,000 plantings, 22,000 is of Terminalia arjuna (Arjun) 500 of Peltophorum ferrugineum (Copper Pod) 500 of Casia siamea, 500 of Acacia auriculiformis (Australian Acacia) and the remaining 1500 of Eucalyptus. In fact an area of 75x75 m has been set apart for experimental trials to grow a number of other species and to maintain a record

of their performance for suitable afforestation at a later stage.

The advantages of such reclamation activities over ash are that it:

• checks water and wind erosion

• reduces toxicity and improves quality of surface growing, and

• adds to the vegetation cover which is vital in view of the large acreage of land required for ash disposal.

Wherever the dry disposal system is adopted, efforts are being made to reclaim the‘ash mound’ through suitable species.

While reclamation of ash pond areas through vegetation is still a challenging task, NTPC seems to have achieved satisfactory results so far through several species as mentioned

above and efforts are on to supplement them with newer ones.

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CONCLUSION

Air pollution injury to plants is attracting increased concern throughout the world. As

large Industrial complexes and power generating stations are necessary to beconstructed in the country attention to pollution injury to plants will also need to increase. The predictive studies have indicated that most of the common air pollutants will

increase unless adequate control measures are developed and adopted.

A comprehensive afforestation plan should be formulated by the project proponents.

A concerted planting effort of all concerned is imperative for restoring ecodynamics. Thiswill also serve as a visual filter and screen masking Industrial ugliness. It is evident that the massive ecological improvement will help in harmonizing and amalgamating thephysical structures of thermal power projects with nature and the surrounding

environment.

PART II

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No. 6 of 1974

[23rd March 1974]

An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a

view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers

and functions relating thereto and for matters connected therewith.

WHEREAS It is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the

establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning

to such Boards powers and functions relating thereto;

AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles

249 and 250 of the Constitution;

AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States

of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the

effect that the matters aforesaid should be regulated in those States by Parliament by law:

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BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows: -

CHAPTER I - PRELIMINARY

1. (1) This act may be called the water (Prevention and Control of Pollution) Act, 1974.

(2) It applies in the first instance to the whole of the States of Assam. Bihar, Gujarat,

Haryana, Himachal Pradesh, Jammu and Kashmir Karnataka, Kerala. Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it

shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

(3) It shall come into force, at once in the States of Assam, Bihar, Gujarat, Haryana,

Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories, and in any otherState which adopts this Act under clause (1) of article 252 of the Constitution on

the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory.

2. In this Act, unless the context otherwise requires:-

(a) “Board” means the Central Board or a State Board;

(b) “Central Board” means the Central Board for the Prevention and Control of Water Pollution constituted under section 3;

(c) “member” means a member of a Board and includes the chairman thereof;

(d) “occupier” in relation to any factory or premises means the person who has control over the affairs of the factory or the premises and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory or the premises;

Shorttitle,applicationandcommence-ment.

Defini-tions

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(e) “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any

sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and

health of animals or plants or of aquatic organisms;

(f) “prescribed” means prescribed by rules made under this Act by the Central

Government or, as the case may be, the State Government:-

(g) “sewage effluent” means effluent from any sewerage system or sewage disposal

works and includes sullage from open drains;

(h) “State Board” means a State Board for the Prevention and Control of Water Pollution constituted under section 4;

(i) “State Government” in relation to a Union territory means the Administratorthereof appointed under article 239 of the Constitution;

(j) “stream” includes-

(i) river;

(ii) water course (whether flowing or for the time being dry) ;

(iii) inland water (whether natural or artificial);

(iv) sub-terranean waters;

(v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify

in this behalf;

© PMI, NTPC 4

(k) “trade effluent” includes any liquid, gaseous or solid substance which isdischarged from any premises used for carrying on any trade or industry, other

than domestic sewage.

CHAPTER II - THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION

3. (1) The Central Government shall, with effect from such date (being a date not later

than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union

territories) as it may, by notification in the official Gazette, appoint, constitute a Central Board to be called the Central Board for the Prevention and Control of Water Pollution to exercise the powers conferred on and perform the functions

assigned to that Board under this Act.

(2) The Central Board shall consist of the following members, namely:-

(a) a full-time chairman, being a person having special knowledge or practicalexperience in respect of matters relating to the use and conservation of water resources or the prevention and control of water pollution or a person having

knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;

(b) five officials to be nominated by the Central Government to represent thatGovernment;

(c) Such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom notexceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4;

Constitu-tion of CentralBoard

© PMI, NTPC 5

(d) three non-officials to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in

the opinion of the Central Government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government;

(f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the Central Government.

(3) The Central Board shall be a body corporate with the name aforesaid having

perpetual succession and a common seal with power, subject to the provisions of

this act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued.

4. (1) The State Government shall, with effect from such date (being a date not later

than six months of the commencement of this Act in the State) as it may, bynotification in the Official Gazette, appoint, constitute a State Board, under such name as may be specified in the notification, to exercise the powers conferred on

and perform the functions assigned to that Board under this Act.

(2) A State Board shall consist of the following members, namely:-

(a) a full-time chairman, being a person having special knowledge or practicalexperience in respect of matters relating to the use and conservation of water resources or the prevention and control of water pollution or a person having

knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government;

(b) five officials to be nominated by the State Government to represent thatGovernment;

(c) five persons to be nominated by the State Government from amongst themembers of the local authorities functioning within the State;

Constitut-ion ofStateBoards

© PMI, NTPC 6

(d) three non-officials to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in

the opinion of the State Government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled of, managed by the State Government, to be nominated by that Government;

(f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the State Government.

(3) Every State Board shall be a body corporate with the name specified by the State

Government in the notification under sub-section (1), having perpetual

succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue or be sued.

(4) Notwithstanding anything contained in this section, no State Board shall be

constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for

that Union territory.

Provided that in relation to any Union Territory the Central Board may delegate

all or any of its powers and functions under thissub-section to such Person or body of persons as the Central Government may specify.

5. (1) Save as otherwise provided by or under this Act, a member of a Board, other

than a member-secretary, shall hold office for a term of three years from the date of his nomination:

Provided that a member shall, notwithstanding the expiration of his term,continue to hold office until his successor enters upon his office.

Terms andConditionsof service of members.

© PMI, NTPC 7

(2) The term of office of a member of a Board nominated under clause (b) of sub-

section (2) of section 3 or clause (b) of sub-section (2) of section 4 shall come to

an end as soon as he ceases to hold the office under the Central Government or, as the case may be, the State Government, by virtue of which he was nominated.

(3) The Central Government or as the case may be, the State Government may, if it

thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

(4) A member of a Board, other than the member-secretary, may at any time resign

his office by writing under his hand addressed-

(a) in the case of the chairman, to the Central Government or, as the case may be, the State Government; and

(b) in any other case, to the chairman of the Board; and the seat of the chairman or

such other member shall thereupon become vacant.

(5) A Member of a Board, other than the member-secretary, shall be deemed to

have vacated his seat if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meeting of the board, or where he isnominated under clause (c) of sub section (2) of section 3 or under clause (c) of

sub section (2) of section 4, if he ceases to be a member of the State Board , or as the case may be, of the local authority.

(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person

nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated.

(7) A member of a Board shall not be eligible for renomination for more than two

terms.

(8) The other terms and conditions of service of a member of a Board, other than the

chairman and member-secretary, shall be such as may be prescribed.

© PMI, NTPC 8

(9) The other terms and conditions of service of the chairman shall be such as may

be prescribed.

6. (1) No person shall be a member of a Board, who-

(a) is, or at any time has been adjudged insolvent or has suspended payment of his

debts or has compounded with his creditors, or

(b) is of unsound mind and stands so declared by a competent court, or

(c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as the case may be, of the State Government, involves moral

turpitude, or (d) Is, or at any time has been, convicted of an offence under this Act, or

(e) Has directly or indirectly by himself or by any partner, any share or interest in any

firm or company carrying on the business of manufacture, sale or hire ofmachinery, plant, equipment, apparatus or fittings for the treatment of a sewage or trade effluents, or

(f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government

constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or

(g) Has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his position as a member, as to render his continuance

on the Board detrimental to the interest of the general public.

(2) No order of removal shall be made by the Central Government or the State

Government, as the case may be, under this section unless the member

Disquali-fications

© PMI, NTPC 9

concerned has been given a reasonable opportunity of showing cause against the same.

(3) Notwithstanding anything contained in sub-section (1) and (7) of section 5, a

member who has been removed under this section shall not be eligible forrenomination as a member.

7. If a member of a Board becomes subject to any of the disqualifications specified

in section 6, his seat shall become vacant.

8. A Board shall meet at least once in every three months and shall observe such

rules of procedure in regard to the transaction of business at its meetings as may

be prescribed:

Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he

thinks fit for the aforesaid purpose.

9. (1) A Board may constitute as many committees consisting wholly of members or

wholly of other persons or partly of members and partly of other persons, and forsuch purpose or purposes as it may think fit.

(2) A committee constituted under this section shall meet at such time and at such

place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.

(3) The members of a committee (other than the members of the Board) shall be

paid such fees and allowances, for attending its meetings and for attending to any other work of the Board as may be prescribed.

10. (1) A Board may associate with itself in such manner, and for such purposes, as may

be prescribed any person whose assistance or advice it may desire to obtain in

performing any of its functions under this Act.

Vacationof seats bymembers.

Meetingsof Board.

Constitutionof comm.-ittees

Temporaryassociationof personswith Board forparticularpurposes.

© PMI, NTPC 10

(2) Person associated with the Board under sub-section (1) for any purpose shall

have a right to take part in the discussions of the Board relevant to that purpose,

but shall not have a right to vote at a meeting of the Board, and shall not be a member for any other purpose.

11. No act or proceeding of a Board or any committee thereof shall be called in

question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be.

12. (1) The terms and conditions of service of the member-secretary shall be such as

may be prescribed.

(2) The member-secretary shall exercise such powers and perform such duties as

may be prescribed or as may, from time to time, be delegated to him by the Board or its chairman.

(3) Subject to such rules as may be made by the Central Government or, as the case

may be, the State Government in this behalf, a Board may appoint such officers and employees as it considers necessary for the efficient performance of its

functions and the rules so made may provide for the salaries and allowances and other terms and conditions of service of such officers and employees.

(4) Subject to such conditions as may be prescribed, a Board may from time to time

appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms andconditions of service as it thinks fit.

CHAPTER III - JOINT BOARDS

13. (1) Notwithstanding anything contained in this Act, an agreement may be entered

into-

(a) by two or more Governments of contiguous States, or

Vacancy inBoard not toinvalidateacts orproceedings.

Member-Secretaryand officers and other employeesof Board.

Constitutionof JointBoards.

© PMI, NTPC 11

(b) by the Central Governments (in respect of one or more Union territories)and one or more Governments of States, contiguous to such Union territory or Union

territories,

to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a

Joint Board-

(i) in a case referred to in clause (a), for the participating States, and

(ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States.

(2) An agreement under this section may-

(a) provide, in a case referred to in clause (a) of sub-section (1), for the

apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of

the expenditure in connection with the Joint Board;

(b) determine, in a case referred to in clause (a) of sub-section (1) , which of the

participating State Government and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and function

of the state Government under this Act and the references in this Act to the State Government shall be construed accordingly;

(c) provide for consultation, in a case referred to in clause (a) of sub-section (1) between the participating State Governments in a case referred to in clause (b) of that sub-section, between the Central Governments and the participating State

Government or State Governments either generally or with reference to particular matters arising under this Act;

© PMI, NTPC 12

(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement.

(3) An agreement under this section shall be published, in a case referred to in

clause (a) of sub-section (1), in the Official Gazette of the participating States and in a case referred to in clause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and the participating State

or states.

14. (1) A Joint Board constituted in pursuance of an agreement entered into under

clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:-

(a) a full-time chairman, being a person having special knowledge or practicalexperience in respect of matters relating to the use and conservation of water resources or the prevention and control of water pollution or a person having knowledge and experience in administering institutions dealing with the matters

aforesaid, to be nominated by the Central Government;

(b) two officials from each of the participating State to be nominated by the

concerned participating State Government to represent that Government;

(c) one person to be nominated by each of the participating State Governments from

amongst the members of the local authorities functioning within the Stateconcerned;

(d) one non-official to be nominated by each of the participating State Governments

to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented;

(e) two persons to be nominated by the Central Government to represent thecompanies or corporations owned, controlled or managed by the participating

Stat Governments;

Compositionof JointBoards.

© PMI, NTPC 13

(f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the Central Government.

(2) A Joint Board constituted in pursuance of an agreement entered into under

clause (b) of sub-section (1) of section 13 shall consist of the following members, namely;-

(a) a full-time chairman, being a person having special knowledge or practicalexperience in respect of matters relating to the use and conservation of water

resources or the prevention and control of water pollution or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;

(b) two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the

participating States. As the case may be, by the concerned participating State Government;

(c) one person to be nominated by the Central Government from amongst themembers of the local authorities functioning within the participating Union territoryor each of the participating Union territories, as the case may be, and one person

to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government;

(d) one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union

territory or in each of the Union territories or the State or in each of the States as the case may be, or any other interest which in the opinion of the CentralGovernment or, as the case may be, of the State Government is to be

represented;

© PMI, NTPC 14

(e) two persons to be nominated by the Central Government to represent thecompanies or corporations owned, controlled or managed by the Central

Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporation owned, controlled or managed by the participating StateGovernments;

(f) A full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the Central Government.

(3) When a Joint Board is constituted in pursuance of an agreement under clause (b)

of sub-section (1) of section 13, the provisions of subsection (4) of section 4 shall

cease to apply in relation to, the Union territory for which the Joint Board is constituted.

(4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of

section 4 and sections 5 to 12 (inclusive) shall apply in relation to the joint Board and its member-secretary as they apply in relation to a State Board and its member-secretary.

(5) Any reference in this Act to the State Board shall, unless the context otherwise

requires, be construed as including a Joint Board.

15. Notwithstanding anything contained in this Act where any Joint Board is

constituted under section 13-

(a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State;

(b) the Central Government alone shall be competent to give any direction under this Act where such direction relaters to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory.

SpecialProvisionrelating to giving ofdirections.

© PMI, NTPC 15

CHAPTER IV - POWERS AND FUNCTIONS OF BOARDS

16. (1) Subject to the provisions of this Act, the main function of the Central Board shall

be to promote cleanliness of streams and wells in different areas of the States.

(2) In particular and without prejudice to the generality of the foregoing function, the

Central Board may perform all or any of the following functions, namely;-

(a) Advise the Central Government on any matter concerning the prevention and

control of water pollution;(b) Co-ordinate the activities of the state Boards and resolve disputes among them;(c) Provide technical assistance and guidance to the state Boards, carry out and

sponsor investigations and research relating to problems of water pollution and

prevention, control or abatement of water pollution;(d) Plan and organize the training of persons engaged or to be engaged in

programmes for prevention, control or abatement of water pollution on such

terms and conditions as the central Board may specify;(e) Organize through mass media a comprehensive programme regarding the

prevention and control or water pollution;

(f) Collect, compile and publish technical and statistical data relating to waterpollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith;

(g) Lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well;

Provided that different standards may be laid down for the same stream or well

or for different streams or wells, having regard to the quality of water, flowcharacteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells;

(h) Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution;

(i) Perform such other Functions as may be prescribed.

Functionsof Central Board.

© PMI, NTPC 16

(3) The Board may establish or recognize a laboratory or laboratories to enable the

Board to perform its functions under this section efficiently, including the analysis

of samples of water from any stream or well or of samples of any sewage or trade effluents.

17. (1) Subject to the provisions of this Act, the functions of a State Board shall be

(a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof;

(b) To advise the State Government on any matter concerning the prevention,control or abatement of water pollution;

(c) To collect and disseminate information relating to water pollution and theprevention, control or abatement thereof;

(d) To encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of waterpollution;

(e) To collaborate with the Central Board in organizing the training of personsengaged or to be engaged in programmes relating to prevention, control or

abatement of water pollution and to organize mass education programmesrelating thereto;

(f) To inspect sewage or trade effluents, works and plants for the treatment ofsewage and trade effluents and to review plans, specifications or other data

relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or inconnection with the grant of any consent as required by this Act;

(g) To lay down, modify or annul effluent standards for the sewage and tradeeffluents and for the quality of receiving waters (not being water in an inter-State

stream) resulting from the discharge of effluents and to classify waters of the State;

Functionsof State Board

© PMI, NTPC 17

(h) To evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water

resources of different regions and more especially the prevailing flowcharacteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution;

(i) To evolve methods of utilization of sewage and suitable trade effluents inagriculture;

(j) To evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution;

(k) To lay down standards of treatment of sewage and trade effluents to bedischarged into any particular stream taking into account the minimum fairweather dilution available in that stream and the tolerance limits of pollution

permissible in the water of the stream. after the discharge of such effluents;

(l) To make, vary or revoke any order-

(i) For the prevention, control or abatement of discharges of waste into streams or wells;

(ii) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any suchexisting system or to adopt Such remedial measures as are necessary toprevent, control or abate water pollution;

(m) To lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent

standards for the sewage and trade effluents;

(n) To advise the State Government with respect to the location of any industry the

carrying on of which is likely to pollute a stream or well;

© PMI, NTPC 18

(o) To perform such other functions as may be prescribed or as may from time to time, be entrusted to it by the Central Board or the State Government.

(2) The Board may establish or recognise a laboratory or laboratories to enable the

Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or

trade effluents.

18. In the performance of its functions under this Act-

(a) The Central Board shall be bound by such directions in writing as the Central Government may give to it; and

(b) Every State Board shall be bound by such directions in writing as the Central

Board or the State Government may give to it.

Provide that where a direction given by the State Government is inconsistent with the direction given by Central Government for its decision.

CHAPTER V – PREVENTION AND CONTROL OF WATER POLLUTION

19.(1) Notwithstanding anything contained in this Act, if the State Government, after

consultation with, or on the recommendation of, the State Board, is of opinion that the provisions of this Act need not apply to the entire State, it may, by

notification in the Official Gazette, restrict the application of this Act to such area or areas as may be declared therein as water pollution, prevention and control area or areas and thereupon the provisions of this Act shall apply only to such

area or areas .

(2) Each water pollution, prevention and control area may be declared either by

reference to a map or by reference to the line of any watershed or the boundary

of any district or partly by one method and partly by another.

(3) The State Government may, by notification in the Official Gazette,-

Powerto give directions

Powerof State Governmentto restrict theapplicationof the Act to certainareas.

© PMI, NTPC 19

(a) alter any water pollution, prevention and control area whether by way ofextension or reduction; or

(b) define a new water pollution, prevention and control area in which may be merged one or more water pollution, prevention and control areas, or any part or parts thereof.

20. (1) For the purpose of enabling a State Board to perform the function’s conferred on

it by or under this Act, the State Board or any officer empowered by it in that behalf, may make surveys of any area and gauge and keep records of the flow or

volume and other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such area or any part there of and for the installation and maintenance for those purposes of

gauges or other apparatus and works connected therewith, and carry out stream surveys and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid.

(2) A State Board may give directions requiring any person who in its opinion is

abstracting water from any such stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream or well or is

discharging sewage or trade effluent into any such stream or well, to give such information as to the abstraction or the discharge at such times and in such form as may be specified in the directions.

(3) Without prejudice to the provisions of sub-section (2), a State Board may, with a

view to preventing or controlling pollution of water, give directions requiring and person in charge of any establishment where any industry or trade is carried on,

to furnish to it information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment and such other particulars as may be prescribed.

Powerto obtain information.

© PMI, NTPC 20

21.(1) A State Board or any officer empowered by it in this behalf shall have power to

take for the purpose of analysis samples of water from any stream or well or

samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well.

(2) The result of any analysis of a sample of any sewage or trade effluent taken

under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with.

(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite

or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample

shall-

(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier)

or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed;

(b) In the presence of the occupier or his agent, divide the sample into two parts;

(c) Cause each part to be placed in a container which shall be marked and sealed

and shall also be signed both by the person taking the sample and the occupier or his agent;

(d) Send one container forthwith,-

(i) In a case where such sample is taken from any area situated in a Union territory to the laboratory established or recognized by the Central Board

under section 16; and (ii) In any other case, to the laboratory established or recognized by the

State Board under section 17;

(e) On the request of the occupier or his agent, send the second container,-

Powerto take samplesof effluents andprocedure to be followed inconnectiontherewith.

© PMI, NTPC 21

(i) In a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1)

of section 51; and

(ii) In any other case to the laboratory established or specified under sub-section (1) of section 52.

(4) When a sample of any sewage or trade effluent is taken for analysis under sub-

section (1) and the person taking the sample serves on the occupier or his agent,

a notice under clause (a) of sub-section (3) and the occupier or his agent willfully absents himself, then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the

sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-clause (1) or subsection (2), as the case may be, of

section 53, in writing about the willful absence of the occupier or his agent.

(5) When a sample of any sewage or trade effluent is taken for analysis under sub-

section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent who is present at the time of taking the sample does not make a request for dividing the

sample into two parts as provided in clause (b) of sub-section (3), then thesample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall besent forthwith by such person for analysis to the laboratory referred to in sub-

clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3).

22. (1) Where a sample of any sewage or trade effluent has been sent for analysis to the

laboratory established or recognized by the Central Board or, as the case may be, the State Board, the concerned Board analyst appointed under sub-section(3) of section 53 shall analyses the sample and submit a report in the prescribed

form of the result of such analysis in triplicate to the Central Board or the State Board, as the case may be.

Reports of the result of analysis on samples taken under section 21.

© PMI, NTPC 22

(2) On the receipt of the report under section (1), a copy of the report shall be sent

by the central board or the state board, as the case may be, to the occupier or his

agent referred to in section 21, an other copy shall be preserved for production before the court in case any legal proceedings are taken against him and theother copy shall be kept by concerned board.

(3) Where a sample has been sent for analysis under clause (e) of subsection (3) or

subsection (4) of section 21 to any laboratory mentioned therein, the government analyst referred to in that subsection shall analyse the sample submit a report in

the prescribed form of the result of the analysis in triplicate to the central board or as the case may be the State Board which shall comply with the provisions of subsection (2).

(4) If there is any inconsistency or discrepancy between or variation in the results of

the analysis carried out by the laboratory established or recognized by the central board or the state board as the case may be, and that of the laboratory

established or specified under section 51 or section 52, as the case may be. The report of the latter shall prevail.

(5) Any cost incurred in getting any sample analysed at the request of the occupier

or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from his as arrears of the land revenue or of public

demand.

23. (1) Subject to the provisions of this section, any person empowered by a

State Board in this behalf shall have a right at any time to enter, with

Such assistance as he considers necessary, any place.

(a) for the purpose of performing any of the functions of the Board Entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any suchfunctions are to be performed or whether any provisions of this Act or the rules

made thereunder or any notice, order, direction or authorization served, made, given, or granted under this Act is being or has been complied with;

Power of Entry and Inspection.

© PMI, NTPC 23

(c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to

believe that an offence under this Act or the rules made hereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, ;if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules

made thereunder:

Provided that the right to enter under this sub-section for the inspection of a well shall be

exercised only at reasonable hours in a case where such well is situated in any premisesused for residential purposes and the water thereof is used exclusively for domestic purposes.

(2) The provisions of the Code of Criminal Procedure 1898, or, in relation to the

State of Jammu and Kashmir, the provisions of any corresponding law in force in that State. Shall, so far as may be, apply to any search or seizure under this

section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code, or as the case may be, under the corresponding provisions of the said law.

Explanation-For the purposes of this section “place” includes vessel.

24. (1) Subject to the provisions of this section.-

(a) No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by

the State Board to enter (whether directly or indirectly) into any stream or well; or

(b) No person shall knowingly cause or permit to enter into any stream any other

matter, which may tend, either directly or in combination with similar matters. To impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its

consequences.

Prohibitionon use of stream or well for disposal of pollutingmatter etc .

5 of 1898

© PMI, NTPC 24

(2) A person shall not be guilty of an offence under sub-section (1), by reason only of

having done or caused to be done any of the following acts, namely: -

(a) Constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct. Improve or maintain;

(b) Depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of

such stream provided such materials are not capable of polluting such stream;

(c) Putting into any stream any sand or gravel or other natural deposit which has

flowed from or been deposited by the current of such stream;

(d) Causing or permitting, with the consent of the State Board, the depositaccumulated in a well, pond or reservoir to enter into any stream.

(3) The State Government may, after consultation with, or on the recommendation

of, the State Board, exempt, by notification in the official Gazette, any person

from the operation of sub-section (1) subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a likenotification be altered, varied or amended.

25.(1) Subject to the precisions of this section no person shall, without the previous

consent of the State Board, bring into use any new or altered outlet for the discharge of sewage or trade effluent into a stream or well or begin to make any

new discharge of sewage or trade effluent into a stream or well.

(2) An application for consent of the State Board under sub-section (1) shall be

made in the prescribed form and shall contain particulars regarding the proposed construction, installation or operation of the industrial or commercialestablishment or of any treatment and disposal system or of any extension or

addition thereto and such other particulars as may be prescribed.

Restrictionson new outletsand new discharges.

© PMI, NTPC 25

(3) The State Board may make such inquiry as it may deem fit in respect of the

application for consent referred to in sub-section (1) and in making any such

inquiry shall follow such procedure as may be prescribed.

(4) The State Board may grant its consent referred to in sub-section (1) subject to

such conditions as it may impose, being –

(a) In the case of a new or altered outlet, conditions as to the point of discharge into the stream or well or the construction of the outlet, or as to the use of that outlet

or any other outlet for sewage or trade effluent from the same land or premises; and

(b) In the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land orpremises from which the new discharge is to be made, and any such conditions imposed shall be binding on any person using the outlet, or discharging the

effluent from the land or premises aforesaid.

(5) Where, without the consent of the State Board, a new or alerted outlet is brought

in to use for the discharge of sewage or trade effluent into a stream a well or a new discharge of sewage or trade effluent is made, the State Board may serve on the person using the outlet or making the discharge, as the case may be, a

notice imposing any such conditions as it might have imposed on an applicationfor its consent in respect to such outlet or discharge.

(6) Every State Board shall maintain a register containing such particulars of the

conditions imposed under this section in relation to outlets or in relation to effluent from land or premises in its jurisdiction and as are for the time being in force (other than the conditions to be satisfied before an outlet is brought into use

or a new discharge is made) and so much of the register as relates to any outlet, or to any effluent from such land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by, the outlet, or in the

land or premises, as the case may be, or by any person authorized by him in this

© PMI, NTPC 26

behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.

(7) The consent referred to in sub-section (1) shall, unless given or refused earlier,

be deemed to have been given unconditionally on the expiry of a period of fourmonths of the making of an application in this behalf complete in all respects to

the State Board.

(8) For the purposes of this section and sections 27 and 30,-

(a) The expression “new or altered outlet” means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so

constructed or not) is substantially altered after such commencement;

(b) The expression “new discharge” means a discharge, which is not as respects the nature and composition, temperature, volume and rate of discharge of the

effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so however that a discharge which is in other respects a continuation of previous discharge made

as aforesaid shall not be deemed to be a new discharge by reason of anyreduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge.

26. Where immediately before the commencement of this Act any person was

discharging any sewage or trade effluent into a stream or well. The provisions of section 25 shall, so far as may be, apply in relation to such person as they apply

in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-section (2) of that section shall be made within a period of three months of the constitution of the State Board.

27.(1) A State Board shall not grant its consent to the bringing into use of a new or

altered outlet unless the outlet is so constructed as to comply with any conditions

imposed by the Board to enable it to exercise its right to take samples of the effluent.

Provisionregardingexistingdischargeof sewage or trade effluent.

Refusal or withdrawalof consent by State Board.

© PMI, NTPC 27

(2) A State Board may from time to time review any condition imposed under section

25 (other than a condition to be satisfied before an outlet is brought into use or a

new discharge is made) or under section 26 and may serve on the person using the outlet or making the discharge, as the case may be a notice, making any reasonable variation of or revoking any such condition.

(3) Any Condition imposed under section 25 or section 26 shall be subject to any

variation made under sub-section (2) and shall continue in force until revoked under that sub-section.

28.(1) Any person aggrieved by an order made by the State Board under section

25,section 26 or section 27 may, within thirty days from the date on which the

order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute:

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) An appellate authority shall consist of three persons.

(3) The form and manner in which appeal may be preferred under sub-section (1),

the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.

(4) On receipt of an appeal preferred under sub-section (1), the appellate authority

shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

(5) If the appellate authority determines that any condition imposed, or the variation

of any condition as the case may be was un reasonable, then-

Appeals

© PMI, NTPC 28

(a) Where the appeal is in respect of the unreasonableness of any conditionimposed, such authority may direct either that the condition shall be treated as

annulled or that there shall be substituted for it such condition as appears to it to be reasonable.

(b) Where the appeal is in respect of the unreasonableness of any variation of a

condition such authority may direct either that the condition shall be treaded as continuing in force unvaried or that it shall be varied in such manner as appears to it be reasonable.

29. (1) The State Government may at any time either of its own motion or on an

application made to it in this behalf call for the records of any case where an

order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any suchorder and may pass such order in relation there to as it may think fit:

Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.

(2) The State Government shall not revise any order made under section 25, section

26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred

such appeal is pending before the appellate authority.

30. (1) Where under this Act any conditions have been imposed on any person for

bringing into use any new or altered outlet for the discharge of sewage or trade

effluent into a stream or well or for making any new discharge who immediately before the commencement of this Act, was discharging any sewage or trade effluent in a stream or well and such conditions require such person to execute

any work in connection there with and such work has not been executed with such time as may be specified in this behalf, the State Board may serve on the person concerned a notice requiring him within such time (not being less than

thirty days) as may be specified in the notice to execute work specified therein.

Revision

Power of State Board to carry out certainworks.

© PMI, NTPC 29

(2) If the person concerned fails to execute the work as required in the notice

referred to in sub-section (1), than, after the expiration of the time specified in the

said notice, the State Board may itself execute or cause to be executed such work.

(3) All expenses incurred by the State Board for the execution of the aforesaid work,

together with interest, at such rate as the State Government may, by order, fix, from the date when a demand for the expenses is made until it is paid, may berecovered by that Board from the person concerned, as arrears of land revenue,

or of public demand.

31. (1) If at any place where any industry or trade is being carried on, due to accident or

other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well is being polluted, or is likely to be polluted, than, the person in charge of such place shall forthwith intimate the occurrence of such accident, act or event to the State

Board and to such other authorities or agencies as may be prescribed.

(2) Where any local authority operates any sewerage system or sewage works the

provisions of sub-section (1) shall apply to such local authority as they apply in relation to the person in charge of the place where any industry or trade is being carried on.

32. (2) Where it appears to the State Board that any poisonous, noxious or polluting

matter is present in any stream or well or has entered into that stream or well due to any accident or other unforeseen act or event, and if the Board is of opinion

that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider necessary for all or any of the following purposes that is to say,-

(a) Removing that matter from the stream or well and disposing it of in such manner as the Board considers appropriate;

Furnishingof information to State Board and other agenciesin certaincases.

Emergencymeasures in case of pollution of stream or water.

© PMI, NTPC 30

(b) Remedying or mitigating any pollution caused by its presence in the stream or well;

(c) Issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter into the stream or well, or from making insanitary use of the stream or well

(2) The power conferred by sub-section 1) does not include the power to construct

any works other than works of a temporary character which are removed on or

before the completion of the operations.

33. (1) Where it is apprehended by a Board that the water in any stream or well is likely

to be polluted by reason of the disposal of any matter therein or of any likely disposal to a court, not inferior to that of a presidency Magistrate or a Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.

(2) On receipt of an application under sub- section (1) the court may make such

order as it deems fit.

(3) Where under sub-section (2) the court makes an order restraining any person

form polluting the water in any stream or well, it may in that order-

(i) direct the person who is likely to cause or has caused the pollution of water in the stream or well, to desist from taking such action as it likely to cause pollution or, as the case, may be, to remove from such stream or

well, such matter, and ;

(ii) authorize the Board, if the direction under clause (1) (being a direction for

the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the

court.

Power of Board to makeapplicationto courts for restrainingapprehendedpollution ofwater in streams or wells.

© PMI, NTPC 31

(4) All expenses incurred by the Board in removing any matter in pursuance of the

authorization under clause (2) of sub-section (3) or in the disposal of any such

matter may be defrayed out of any money obtained by the board from such disposal and any balance outstanding shall be recoverable from the personconcerned as arrears of land revenue or of public demand.

CHAPTER VI - FUNDS, ACCOUNTS AND AUDIT

34. The central Government may, after due appropriation made by parliament by law

in this behalf, make in each financial year such contributions to the central board as it may think necessary to enable the Board to perform its function under this Act.

35. The State Government may, after due appropriation made by the Legislature of

the State by law in this behalf make in each financial year such contributions to the State Board as it may think necessary to enable that Board to perform its

function under this Act.

36.(1) The Central Board shall have its own fund, and all sums which may, from time to

time, be paid to it by the Central Government and all other receipts (by way of gifts, grants, donations, benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.

(2) The Central Board may expend such sums as it think fit for performing its

functions under this Act, and such sums shall be treated as expenditure payable out of the fund of that Board.

37. (1) The State Board shall have its own funds and the sums which may, from time to

time, be paid to it by the State Government and all other receipts (by way of gifts,

grants, donations, benefactions or other wise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.

Contri-butions byCentralGovernment

Contri-butions byStateGovernment

Fund ofState Board.

© PMI, NTPC 32

(2) The State Board may expend such sums as it thinks fit for performing its

functions under this Act, and such sums shall be treated as expenditure payable

out of the fund of that Board.

38. The Central Board or, as the case may be, the State Board shall during each

financial year, prepare, in such form and at such time as may be prescribed, a

budget in respect of the financial year next ensuing showing the estimatedreceipt and expenditure, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government.

39. (1) The Central Board shall, during each financial year prepare in such form and at

such time as may be prescribed, an annual report giving a true and full account

of its activities during the previous financial year and copies there of shall be forwarded to the Central Government and that Government shall cause every such report to be laid before both houses of Parliament within six months of the date on which it is received by that Government.

(2) The State Board shall, during each financial year, prepare, in such form and at

such time as may be prescribed, an annual report giving a true and full account

of its activities during the previous financial year and copies there of shall be forwarded to the State Government and that Government shall cause every such report to be laid before the State Legislature within a period of six months of the

date on which it is received by that Government.

40. (1) Every Board shall maintain proper accounts and other relevant records and

prepare an annual statement of accounts in such form as may be prescribed by

the Central Government or, as the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified to act as

an auditor of companies under section 226 of the companies Act, 1956.

(3) The said auditor shall be appointed by the central Government or as the may be

the State Government on the advice of the Comptroller and Auditor General of India.

Budget.

AnnualReport

Accountsand audit

1 of 1956

© PMI, NTPC 33

(4) Every auditor appointed to audit the accounts of the Board under this Act shall

have the right to demand the production of books, accounts connected vouchers

and other documents and papers and to inspect any of the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an audited copy

of the account to the Central Government or, as the case may be, the State

Government.

(6) The Central Government shall, as soon as may be after the receipt of the audit

report under sub-section (5), cause the same to be laid before both Houses of parliament.

(7) The State Government shall, as soon as may be after the receipt of the audit

report under sub-section (5),cause the some to be laid before the Statelegislature.

CHAPTER VII - PENALTIES AND PROCEDURE

41. (1) Whoever fails to comply with any direction given under sub-section (2) or sub-

section (3) of section 20 within such time as may be specified in the direction or fails to comply with any orders issued under clause (c) of sub-section (1) of section 32 shall, on conviction, be punishable with imprisonment for a term which may extend to three months of with fine which may extend to five thousand

rupees or with both and in case the failure continues, with an additional fine which may extend to one thousand rupees for every day during which suchfailure continues after the conviction for the first such failure.

(2) Whoever fails to comply with any direction issued by a court under sub-section

(2) of section 33 shall, on conviction, be punishable with imprisonment for a term

which may extend to three months or with fine which may extend to five thousand rupees or with both and in case the failure continues, with an additional fine which may extend to one thousand rupees for every day during which suchfailure continues after the conviction for the first such failure.

Failure toComplywithdirectionsunder sub-section (2) or sub-section (3) of section 20 or orders issued under clause (c) of sub-section(1) of section 32.Penalty for certain acts.

© PMI, NTPC 34

42. (1) Whoever-

(a) destroys, pulls down, removes, injures or defaces any pillar., post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or

(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or

(c) damage any works or property belonging to the Board, or

(d) fail to furnish to any officer or other employee of the Board any information

required by him for the purpose of this Act, or

(e) fail to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by

that section, or

(f) in giving any information which he is required to give under this Act, Knowingly or

willfully makes a statement which is false in any material particular, or

(g) for the purpose of obtaining any consent under section 25 or section 26,

knowingly or willfully makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

(2) Where for the grant of a consent in pursuance of the provisions of section25 or

section 26 the use of meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any

person who knowingly or willfully alters or interferes with that device so as toprevent it from monitoring or measuring correctly shall be punishable withimprisonment for a term which may extend to three months or with fine which

may extend to one thousand rupees or with both.

© PMI, NTPC 35

43. Whoever contravenes the provisions of section 24 shall be punishable with

imprisonment for a term, which shall not be less than six months but which may

extend to six years and with fine.

44. Whoever contravenes the provisions of section 25 or section 26 shall be

punishable with imprisonment for a term which shall not be less than six months

but which may extend to six years and with fine.

45. If any person who has been convicted of any offence under section 24 or section

25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a tem which shall not be less than one years

but which may extend to seven years and with fine.

Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which

is being punished.

46. If any person convicted of an offence under this Act commits a like offence

afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in

such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.

47. (1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as

well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any

punishment provided in this act if he proves that the offence was committed

Penaltyfor contra-vention of provisionsof section 24. Penalty for contra-vention of section 25 or section 26. Enha-nced pen-alty after previousconviction.

Publicationof names of offenders.

Offences by companies.

© PMI, NTPC 36

without his knowledge or, that he exercised all due diligence to prevent thecommission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any

neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and

punished accordingly.

Explanation -For the purposes of this section,-

(a) “company” means any body corporate, and includes a firm or other association of individuals; and

(b) “Director” in relation to a firm means a partner in the firm.

48. Where an offence under this Act has been committed by any Department of

Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this section shall ender such head of the

Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

49. (1) No court shall take cognizance of any offence under this Act except on a

complaint made by or with previous sanction in writing of the State Board and no court inferior to that of presidency Magistrate or a Magistrate of the frost class

shall try any offence punishable under this Act.

(2) Notwithstanding anything contained in section 32 of the code of criminal

procedure, 1898, it shall be lawful for any Magistrate of the firs class or for any presidency magistrate to pass a sentence of imprisonment for a term exceeding

Offences by GovernmentDepartments

Cognizanceof offences

5 of 1898

© PMI, NTPC 37

two year or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.

50. All members, officers and servants of a Board when acting or purporting to act in

pursuance of any the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian

penal Code.

CHAPTER VIII - MISCELLANEOUS

51. (1) The Central Government may, by notification in the official Gazette-

(a) Establish a central water Laboratory: or

(b) Specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this act.

(2) The central Government may, after consultation with the central Board, make

rules prescribing-

(a) The functions of the Central Water Laboratory:(b) The procedure for the submission to the said laboratory of samples of water or of

sewage or trade effluent for analysis or tests, the from of the laboratory’s report thereunder and the fees payable in respect of such report:

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

52. (1) The state Government may, by notification in the official Gazette,-

(a) establish a State Water Laboratory: or

(b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the state Water Laboratory under this Act.

(2) The State Government may, after consultation with the state Board, make rules

prescribing-

Members,officers and servants of Board to be publicservants.

CentralWaterLaboratory.

StateWaterLaboratory.

45 of 1860

© PMI, NTPC 38

(a) The function of the state water Laboratory;(b) The procedure for the submission to the said laboratory of samples of water or of

sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in respect of such report;

(c) Such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

53. (1) The Central government may, by notification in the official Gazette, appoint such

persons as it thinks fit and having the prescribed qualifications to be Government

analysts for the purpose of analysis of samples of Water or of sewage or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 51.

(2) The State government may, by notification in the official Gazette, appoint such

persons as it thinks fit and having the prescribed qualifications to be Governmentanalysts for the purpose of analysis of samples of Water or of sewage or trade

effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 52.

(3) Without prejudice to the provisions of sub-section (3) of section 12, the Central

Board or, as the case may be, the state Board may, by notification in the official Gazette, and with the approval of the central Government or the State

Governments, as the case may be, appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose ofanalysis of samples of Water or of sewage or trade effluent sent for analysis to any laboratory established or specified or recognized under section 16, or, as

the case may be, under section 17.

54. Any document purporting to be a report signed by a Government analyst or, as

the case may be, a Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act.

55. All local authorities shall render such help and assistance and furnish such

information to the Board as it may require for the discharge of its functions, and

Analysis.

Reports of Analysis.

Localauthoritiesto assist.

© PMI, NTPC 39

shall make available to the Board for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its

function.

56. Any land required by a State Board for the efficient performance of its function

under this Act shall be deemed to be needed for a public purpose and such land

shall be acquired for the State Board under the provisions of the Land Acquisition Act, 1894, or under any other corresponding law for the time being in force.

57. The Central Board shall furnish to the Central Government, and a state Board

shall furnish to the state Government and to the Central Board such reports, returns, statistics, accounts and other information with respect to its fund or

activities as that Government, or, as the case may be, the Central Board may, from time to time, require.

58. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which an appellate authority constituted under this Act isempowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in

pursuance of any power conferred by or under this Act.

59. No suit or other legal proceedings shall lie against the Government or any officer

of Government or any member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

60. The provisions of this Act shall have effect notwithstanding any thing inconsistent

therewith contained in any enactment other than this Act.

61. (1) If at any time the central Government is of opinion -

(a) that the central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or

Compulsoryacquisitionof land for the State Board.

Returns and Reports.

Bar of Jurisdiction.

Protection of action taken to good faith

Over-ridingeffect.

Power of CentralGovernmentto supersede the Central Board and JointBoards.

1 of 1894.

© PMI, NTPC 40

(b) that Circumstances exist which render it necessary in the public interest so to do,

The Central Government may, by notification in the official Gazette, supersede the Central Board or such Joint Board, as the case may be for such period, not exceeding one year, as may be specified in the notification:

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable

opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections if any, of the Central Board or such Joint Board, as the case may

be.

(2) Upon the publication of a notification under sub-section (1) superseding the

Central Board or any Joint Board –

(a) all the members shall as from the date of supersession vacate their offices as such;

(b) all the powers functions and duties which may by or under this Act, be exercised performed or discharged by the Central Board or such Joint Board shall Until the

Central Board or the Joint Board as the case may be is reconstituted under sub-section (3) be exercised performed or discharged by such person or persons as the Central Government may direct;

(c) all property owned or controlled by the central Board or such Joint Board shall until the Central Board or the joint Board, as the case may be is reconstituted under sub-section (3)vest in the central Government

(3) On the expiration of the period of supersession specified in the notification issued

under sub-section (1) the Central Government may

© PMI, NTPC 41

(a) extend the period of supersession for such further term not exceeding six moths, as it may consider necessary; or

(b) reconstitute the Central Board or the Joint Board as the case may be by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment:

Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or

as extended under this sub-section take action under clause (b) of this sub-section.

62. (1) If at any time the State Government is of opinion-

(a) that the State Board has persistently made default in the performance of the functions imposed on it by or under this Act or

(b) that circumstances exist which render it necessary in the public interest so to do.

The State Government may, by notification in the official Gazette, supersede the

State Board for such period, not exceeding one year as may be specified in the notification:

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a) the State Government shall give a reasonableopportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections if any of the State Board.

(2) Upon the publication of a notification under sub-section (1) superseding the State

Board, the provisions of sub-sections (2) and (3) of section 61 shall apply in

relation to the supersession of the State Board as they apply in relation to the super session of the Central Board or a Joint Board by the Central Government.

63. (1) The Central Government may simultaneously with the constitution of the Central

Board make rules in respect of the matters specified in sub-section (2):

Power of StateGovernmentto supersedethe State Board.

Power of CentralGovernmentto make rules.

© PMI, NTPC 42

Provided that when the Central Board has been constituted no such rule shall be made, varied amended or repealed without consulting the Board,

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely; -

(a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5;

(b) the intervals and the time and place at which meetings of the Central Board or of any committee there of constituted under this Act shall be held and the procedure to be followed at such meetings including the quorum necessary for the

transaction of business under section 8 and under sub-section (2) of section 9;

(c) the fees and allowances to be paid to such member of a committee of the Central board as are not members of the Board under sub-section (3) of section 9;

(d) the manner in which and the purposes for which persons may be associated with a Board under sub-section (1) of section 10;

(e) the terms and conditions of service of the chairman and member secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of

section 12;

(f) condition subject to which person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12;

(g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board;

(h) the prohibition or regulation of bathing in any stream or well or the washing or cleaning therein of things of any class or description or the putting of litter or other

objectionable matter, whether poisonous noxious or polluting or into any stream or well;

© PMI, NTPC 43

(i) the prohibition or regulation of the keeping or use on any stream of vessels provided with sanitary appliances from which polluting matter passes into the

stream;

(j) the form of the report of the Government analyst under sub-section (1) of section 22

(k) the form of the report of the Government analyst under sub-section (3) ofsection22;

(l) the form in which, and the time with in which, the budget and annual report of the Central Board may be prepared and forwarded to the Central Government under

section 38 and 39;

(m) the form in which the accounts of the Central Board may be maintained under section 40;

(n) any other matter relating to the Central Board, including the powers andfunctions of that Board in relation to Union territories;

(o) any other matter which has to be, or may be, prescribed.

(3) Every rule made by the central Government under this Act shall be laid, as soon

as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions. And if, before the expiry of the session in which it is

so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made. The rule shall thereafter have effect only in such modified form or be of no effect,

as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

© PMI, NTPC 44

64. (1) The state Government may, simultaneously with the constitution of the state

board make rules to carry out the purposes of this Act in respect of matters not

falling within the purview of section 63.

Provided that when, the state Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board.

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:-

(a) The terms and conditions of service of the members (other than the chairman and the member- secretary) of the State Board under sub-section(8) of section 5:

(b) The time and place of meetings of the state Board or of any committee of that Board constituted under this Act and the procedure to be followed at suchmeeting, including the quorum necessary for the transaction of business under

section 8 and under sub-section (2) of section 9:

(c) The fees and allowances to be paid to such members of a committee of the State

Board as are not members of the Board under sub-section (2) of section 9:

(d) The manner in which and the purposes for which persons may be associated

with the State Board under sub-section (1) of section 10.

(e) The terms and conditions of service of the chairman and the member-secretaryof the State Board under sub-section (9) of section 5 and under sub-section (1) of

section 12;

(f) The conditions subject to which a person may be appointed as a consulting

engineer to the State Board under sub-section (4)of section 12;

(g) The powers and duties to be exercised and discharged by the chairman and the

member-secretary of the State Board;

Power of StateGovernmentto make rules.

© PMI, NTPC 45

(h) The form of the notice referred to in section 21;

(i) The form of the report of the State Board analyst under sub-section (1) of section 22;

(j) The form of the report of the Government analyst under sub-section (3) of section

22;

(k) The form of application for the consent of the State Board under sub-section (2)

of section 25, and the particulars it may contain;

(l) The manner in which inquiry under sub-section (3) of section 25 may be made in

respect of an application for obtaining consent of the State Board and the matter to be taken into account in granting or refusing such consent;

(m) The form and manner in which appeals may be filed, the fees payable in respect

of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3)of section 28;

(n) The form in which, and the time within which, the budget and annual report of the State Board may be prepared and forwarded to the state Government under sections 38 and 39:

(o) The form in which the accounts of the State Board may be maintained under sub-section (1) of section 40.

(p) Any other matter which has to be, or may be prescribed.

© PMI, NTPC 46

No. 53 OF 1988

[29th September, 1988]

An Act Further to amend the Water (Prevention and control of pollution) Act, 1974

Whereas in pursuance of clause (1) of article 252 of the constitution, the water(prevention and control of pollution) Act, 1974 had been passed by parliament:

And WHEREAS some administrative and practical difficulties in effectively implementingthe provisions of the aforesaid Act have come to light it is considered necessary to make

certain amendments thereto;

And WHEREAS, in pursuance of clause (1) of article 252 of the Constitution read with

clause (2) thereof, resolutions have been passed by the Legislative Assemblies of the States of Himachal Pradesh and Tripura to the effect that the said Act should be amended by an Act of Parliament for the purposes hereinafter appearing:

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows: -

1. (1) This Act may be called the Water (Prevention and Control of Pollution)

Amendment Act, 1988.

(2) It applies, in the first instance, to the whole of the States of Himachal Pradesh,

and Tripura and the Union territories: and it shall apply to such other state which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution read with clause (2) thereof.

1 of 1974

Short title, applicationand comme-ncement.

© PMI, NTPC 47

(3) It shall come into force, at once in the States of Himachal Pradesh, and Tripura

and the Union territories, and in any other State which adopts this Act under

clause (1) of articles 252 of the constitution read with clause (2) thereof on the date of such adoption

2. In section 2 of the water (Prevention and Control of Pollution) Act. 1974

(hereinafter referred to as the principal Act), -

(a) For clause (b), the following clause shall be substituted, namely: -

(b)“Central Board” means the Central Pollution Control Board constituted under section 3;’;

(b) For clause (d), the following clause shall be substituted, namely:-(d)“occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;’;

(c) For clause (h), the following clause shall be substituted, namely:-(h) “State Board” means a state Pollution Control Board constituted under section

4;’;

(d) in clause (k) , for the words “trade or industry”, the words “industry, operation or

process or treatment and disposal system” shall be substituted.

3. In section 3 of the principal Act -

(a) in sub-section (1) For the words “Central Board for the prevention and control of Water Pollution” the words “central pollution control board” shall be substituted;

(b) in sub-section (2), For clause (f) , the following clause shall be substituted,namely:-“(f) a full-time member-secretary, possessing qualifications, Knowledge and

experience of scientific, engineering or management aspects of pollution control, to be appointed by the central Government.”

Ammend-ment ofSection 2

Ammend-ment ofSection 3

© PMI, NTPC 48

4. In section 4 of the principal Act -

(a) in sub-section (1), for the words “State Board” the words “state Pollution Control Board” shall be substituted ;

(b) in sub-section (2), For clause (f) , the following clause shall be substituted,

namely:-“(f) full-time member-secretary. Possessing qualifications, Knowledge andexperience of scientific, engineering or management aspects of pollution control,

to be appointed by the state government.”

5. In section 5 of the principal Act, in sub-section (7), for the words “shall not be

eligible for renomination for more than two terms” the words “shall be eligible for renomination” shall be substituted.

6. In section 12 of the principal Act, after sub-section (3A), the following sub-section

shall be inserted, namely:-“(3B) The Board may, by general or special order, and subject to such conditions and limitations, if any, as may be specified in the order, delegate to any officer of

the Board such of its powers and functions under this Act as it may deem necessary.”

7. In section 14 of the principal Act -

(a) in sub-section (1), for clause (f), the following clause shall be substituted, namely:-

“(f) A full-time member-secretary. Possessing qualifications, Knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.”

(b) in sub-section (2), for clause (f), the following clause shall be substituted,namely:-

Ammend-ment ofSection 4

Ammend-ment ofSection 12

Ammend-ment ofSection 14

© PMI, NTPC 49

“(f) A full-time member-secretary. Possessing qualifications, Knowledge and experience of scientific, engineering or management aspects of pollution control,

to be appointed by the Central Government.”

8. In section 16 of the principal Act,-in sub-section (2), after clause (e), the

following clause shall be inserted, namely:-

“(EE) perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of section 18,”

9. (1) Section 18 of the principal Act shall be renumbered as sub-section (1) there of,

and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely: -

(2) Where the Central Government is of the opinion that any State Board has

defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is

necessary or expedient so to do in the public interest, it may by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the

order.

(3) Where the Central Board performs any of the functions of the State Board in

pursuance of a direction under sub- section (2), the expenses, if any incurred by the Central board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government

may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand.

(4) For the removal of doubts, it is hereby declared that any directions to perform the

functions of any state Board given under sub-section (2) in respect of any area

would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.”.

Ammend-ment ofSection 16

Ammend-ment ofSection 18

© PMI, NTPC 50

10. In section 20 of the principal Act, in sub-section (3), for the words “industry or

trade “, the words “industry, operation or process or treatment and disposal system” shall

be substituted.

11. In section 24 of the principal Act, in sub-section (1), in clause (a), for the words

“stream or well”, the words “stream or well or sewer or on land “shall be

substituted.

12. In section 25 of the principal Act,-

(a) For sub-sections (1), and (2), the following sub-sections shall be substituted,

namely:-

(1) Subject to the provisions of this section, no person shall, without the

previous consent of the State Board,-

(a) establish or take any steps to establish any industry, operation or process or any treatment and disposal system or any extension or additionthereto, which is likely to discharge sewage or trade effluent in to a

stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage):or

(b) Bring in to use any new or altered outlet for the discharge of sewage; or

(c) Begin to make any new discharge of sewage:

Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of theWater (prevention and control of pollution) Amendment Act, 1988 for which no

consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made anapplication for such consent, within the said period of three months, till the

disposal of such application.

Ammend-ment ofSection 20

Ammend-ment ofSection 24

Ammend-ment ofSection 25

© PMI, NTPC 51

(2) An application for consent of the State Board under sub-section (1) shall

be made in such from, contain such particulars and shall be accompanied

by such fees as may be prescribed,”

(b) for sub-sections (4), (5) and (6), the following sub-sections shall be substituted,

namely: -

(4) “The State Board may-

(a) grant its consent referred to in sub-section (1) subject to such conditions as it may impose, being-

(i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, condition as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage;

(ii) In the case of a new discharge conditions as to the nature andcomposition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be

made; and

(iii) that the consent will be valid only for such period as may be specified in

the order,

and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and

disposal system or extension or addition there to, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or

(b) Refuse such consent for reasons to be recorded in writing.

(5) Where, without the consent of the State Board, any industry, operation or

process, or any treatment and disposal system or any extension oraddition thereto is established, or any step for such establishment have

© PMI, NTPC 52

been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may

serve on the person who has established or taken steps to establish anyindustry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such condition as it

might have imposed on an application for its consent in respect of such establishment such outlet or discharge.

(6) Every State Board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be

open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorized by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted

subject to such conditions."

13. In section 27 of the principal Act,-

(a) For sub-section (1), the following sub-section shall be substituted, namely:-

“(1) A state board shall not grant its consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition there to, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and

disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent”;

(b) in sub-section (2), for clause (a) the following clause shall be substitutednamely:-

Ammend-ment ofSection 27

© PMI, NTPC 53

“(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice

making any reasonable variation of or revoking any such condition.”

14. In section 30 of the principal Act, for sub-section (1), the following sub-section

shall be substituted, namely:-

“(1) Where under this Act, any conditions have been imposed on any person while granting consent under section 25 or section 26 and such conditions

require such person to execute any work connection there with and such work has not been executed within such time as may be specified in this behalf, the state board may serve on the person concerned a notice requiring him within

such time (not being less than thirty days) as may be specified in the notice to execute the work specified therein.”

15. In section 31 of the principal Act for sub-section (1) the following

sub-section shall be substituted, namely:-

“(1) If at any place where any industry, operation or process, or any treatment

and disposal system or any extension or addition there to is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or

sewer or on land and as a result of such discharge, the water in any stream or well is being polluted, or is likely to be polluted than the person in charge of such place shall forth with intimate the occurrence of such accident, act or event to the State Board and such other authorities or agencies as may be prescribed.”

16. In section 32 of the principal Act, in sub-section (1),-

(a) in the opening portion, for the words “any stream or well” the words “any stream or well or on land by reasons of the discharge of such matter in such "stream or well or on land" shall be substituted;

Ammend-ment ofSection 30

Ammend-ment ofSection 31

Ammend-ment ofSection 32

© PMI, NTPC 54

(b) in clause (a),for the words “stream or well,” the well, the words streamer well or on land “ shall be substituted;

(c) in clause (c), for the words “into the stream or well” the word “into the stream or well or on land shall be substituted.

17. In section 33 of the principal Act, for sub-section (1), the following sub-section

shall be substituted, namely:-

“(1) Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reasons of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may

make an application to a court not inferior to that of Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.”

18. In Chapter V of the principal Act, after section 33 the following section shall be

inserted, namely:

“33A. Not with standing anything contained in any other law but subject to the provision of this Act, and to any direction that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its

function under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

Explanation – For the avoidance of doubts, it is here by declared that the power to issue directions under this section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) the stoppage or regulation of supply of electricity, water or any other service.”

Ammend-ment ofSection 33

Insertion of new section 33 A.Power to givedirection.

© PMI, NTPC 55

19. After section 37 of the principal Act, the following section shall be inserted,

namely: -

“37A. A Board may with the consent of, or in accordance with the terms of any general or special authority given to by the Central Government or as the case may be, the State Government borrow money from any source by way of loans

or issue of bonds debentures or such other instruments, as it may deem fit for the performance of all or any of its functions under this Act.”

20. For section 39 of the Principal Act, the following section shall be substituted,

namely:-

“39(1) The Central Board shall during each financial year prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous

financial year and that Government shall cause every such report to be laidbefore both Houses of parliament with in nine moths from the last date of the previous financial year.”

“(2) Every State Board shall during each financial year prepares in such form as May be prescribed, an annual report giving full account of its activities under this

Act during the previous financial year and copies there of shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laidbefore the State Legislature with in a period of nine months form the last date of

the previous financial year”

21. For section 41 of the Principal Act, the following section shall be substituted,

namely: -

“41. (1) Whoever fails to comply with any direction given under sub-section (2) or

sub-section (3) of section 20 with in such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which

Insertion of new section 37 A.Borrowingpowers of Board.

Substitutionof new section for section 39.Annual

Substitutionof new section for

© PMI, NTPC 56

may extend to three months or with fine which may extend to ten thousandrupees or with both and in case of failure continue, with an additional fine which

may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.”

(2) Whoever fails to comply with any order issued under clause (c) of sub-section

(1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33 shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall

not be lees than one year and six months but which may extend to six years and with fine. And in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues

after the conviction for the first such failure.”

(3) If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction, the offender shall on conviction be punishable

with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.”

22. In section 42 of the principal Act, for the words “one thousand rupees”, wherever

they occur, the words “ten thousand rupees” shall be substituted.

23. In sections 43 and 44 of the principal Act, for the word “Six months” the words

“one year and six months” shall, respectively, be substituted.

Failure to complywithdirectionsunder sub-section (2)or sub-section (3) of section 20, or ordersissuedunderclause (c) ofsub-section

Amendmentof section 42.

Amendmentof sections 43 & 44.

© PMI, NTPC 57

24. In section 45 of the principal Act, for the words “One year” the words “Two year”

shall be substituted.

25. After section 45 of the principal Act, the following section shall be inserted,

namely:-

“45A. Whoever contravenes any of the provision of this Act or fails to comply with any order or direction given under this Act. For which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment, which

may extend to three months or with fine which may extend to ten thousandrupees or with both, and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during

which such contravention or failure continues after conviction for the first such contravention or failure.”

26. In section 49 of the principal Act,-

(a) For sub-section (1), the following sub-section shall be substituted, namely:-

“(1) No court shall the cognizance of any offence under this Act except on a complaint made by-

A Board or any officer authorized in this behalf by it; or

Any person who has given notice of not less than sixty days, in the mannerprescribed, of the alleged offence and of his intention to make a complaint, to

the Board or officer authorized as aforesaid.

and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate

of the first class shall try any offence punishable under this Act,”.

(b) Sub-section (2) shall be renumbered as sub-section (3) and before sub-section (3)

as so renumbered the following sub-section shall be inserted, namely:-

Amendmentof section

Insertion of new section 45A.Presentlyforcontravention of

Amendmentof section

© PMI, NTPC 58

“(2) Where a complaint has made under clause (b) of sub-section (1) the Board shall on demand by such person, make available the relevant reports in its

possession to that person:

Provided that the Board may refuse to make any such report available to such person if the same is in its opinion against the public interest.”

27. In section 63 of the principal Act, in sub-section (2):-

(a) For clause (l), the following clauses shall be substituted, namely:-

“(l) The form in which and the time within which the budget of the central board

may be prepared and forwarded to the central government under section 38;

(ll) the form in which the annual report of the central board may be prepared under section 39;";

(b) after clause (m), the following clause shall be inserted, namely:-

“(mm) the manner in which notice of intention to make a complaint shall be given

to the central board or officer authorized by it under section 49.;”;

29. In section 64 of the principal Act, in sub-section (2):-

(a) for clause (n), the following clauses shall be substituted, namely:-

“(n) The form in which and the time within which the budget of the State Board

may be prepared and forwarded to the State Government under section 38;

“(nn) the form in which the annual report of the State Board may be prepared

under section 39;”;

(b) After clause (o), the following clause shall be inserted, namely:-

Amendmentof section

Amendmentof section

© PMI, NTPC 59

“(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorized by it under section 49;”;.

© PMI, NTPC 60

NO.14 OF 1981[29th March, 1980]

An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for

conferring on and assigning to such Boards powers and functions relating there to and for matters connected therewith.

WHEREAS decisions were taking at the United Nation Conference on the Human

Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution:

AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution;

Be it enacted by parliament in the thirty-second year of the Republic of India as follows: -

CHAPTER 1 - PRELIMINARY

1. (1) This Act may be called the Air (prevention and control of pollution) Act, 1981.

(2) It extends to the whole of India.

(3) It shall come in to force on such date as the central government may, by

notification in the official Gazette, appoint.

2. In this Act, unless the context otherwise requires,-

Short title, extent and commence-ment

Definitions.

© PMI, NTPC 61

(a) “Air pollutant” means any solid, liquid or gaseous substance present in theatmospheres in such concentration as may be or tend to be injurious to human

being or other living creatures or plants or property or environment;

(b) “air pollution” means the presence in the atmosphere of any air pollutant;

(c) “approved appliance” means any equipment or gadget used for the burning of any of combustible material or for generating or consuming any fume, gas or particulate matter and approved by the State Board for the purposes of this Act;

(d) “approved fuel” means any fuel approved by the State Board for the purposes of this act;

(e) “automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel;

(f) “Board” means the Central Board or a State Board;

(g) “Central Board” means the Central Board for the prevention and control of Water

pollution Constituted under section 3 of the Water (prevention and Control of pollution) act, 1974;

(h) “chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted;

(i) “control equipment” means any apparatus, device, equipment or system to

control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant;

(j) “emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet;

(k) “industrial plant” means any plant a used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;

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(l) “member” means a member of the Central Board or a State Board as the case may be and includes the Chairman there of;

(m) “occupier” in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the

occupier of the factory or the premises;

(n) “prescribed” means prescribed by rules made under this Act by the central

Government or, as the case may be, the State Government;

(o) “State Board” means,-

(i) in relation to a State in which the water (Prevention and Control of Pollution) Act, 1974, is in force and the State Government has constituted for that State a State Board for the prevention and control of water pollution under section 4 of that

Act, the said State Board; and

(ii) in relation to any other state, the State Board for the prevention and Control of

Air Pollution Constituted by the State Government under section 5 of this Act.

CHAPTER II - CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION

3. The central board for the prevention and control of water pollution constituted

under section 3 of the water (prevention and control of pollution) act, 1974 shall,

without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the central board for the prevention and Control of Air Pollution under this Act.

6 of 1974

6 of 1974 CentralBoard for thePreventionand control of Air Pollution

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4. In any State in which the water (prevention and Control of Pollution) Act, 1974, is

in force and the State Government has constituted for that State a State Board

for the prevention and control of water pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the prevention and Control of Air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, without

prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and Control of Air Pollution under this Act.

5. (1) In any State in which the water (prevention and Control of Pollution) Act, 1974, is

not in force, or that Act is in force but the State Government has not constituted a

State Board for the prevention and control of water pollution under that Act, the State Government shall, with effect from such date as it may, by notification in the official Gazette, appoint, constitute a State Board for the prevention and Control of Air Pollution under such name as may be specified in the notification,

to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act.

(2) A State Board constituted under this Act shall consist of the following members,

namely:-

(a) A Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government:

Provided that the chairman may be either whole time or part time as the State Government may think fit;

(b) Such number of officials, not exceeding five, as the State Government may think fit, to be nominated by State Government to represent that Government;

6 of 1974

6 of 1974

StateBoards for thePreventionand control of Water Pollution to be State Boards for the

Constitution of State Boards.

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(c) Such number of Persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the

local authorities functioning within the State;

(d) Such number of non- officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interests

of agriculture, fishery or industry or trade or labour or any other interest, which in the opinion of that Government, ought to be represented;

(e) Two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that government;

(f) A full time member-secretary having practical experience in respect of matters relating to environmental protection and having administrative experience, to be appointed by the State Government:

Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience inrespect of matters relating to the improvement of the quality of air or the

prevention, control or abatement of air pollution.

(3) Every State Board constituted under this Act shall be a body corporate with the

name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued.

6. No state board shall be constituted for a Union territory and in relation to a Union

territory, the central board shall exercise the powers and perform the functions of

a State Board under this Act for that union territory:

Provided that in relation to any Union territory the Central Board may delegate all

or any of its powers and functions under this section to such person or body of persons as the Central Government may specify.

CentralBoard to exercise the powers and perform the functionsof a State Board in

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7. (1) Save as otherwise provided by or under this Act, a member of a State Board

constituted under this Act, other than the member secretary, shall hold office for

a term of three years from the date on which his nomination is notified in the Official Gazette;

Provided that a member shall, notwithstanding the expiration of his term,

continue to hold office until his successor enters upon his office.

(2) The term of office of a member of a State Board constituted under this Act and

nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned,

controlled or managed by the State Government, by the virtue of which he was nominated.

(3) A member of a State Board constituted under this Act, other than the member-

secretary, may at any time resign his office by writing under his handaddressed._

(a) In the case of the Chairman, to the State Government; and

(b) In any other case, to the Chairman of the State Board, and the seat of the

Chairman or such other member shall thereupon become vacant.

(4) A member of a State Board constituted under this Act, other than the member-

secretary, shall be deemed to have vacated his seat, if he is absent without,

reason, sufficient in the opinion of the State Board, from three consecutivemeetings of the State Board, or where he is nominated under clause (c) of sub-section (2) of section 5, he ceases to be a member of the local authority and

such vacation of seat shall, in either case, take effect from such date as the State Government may, by notification in the Official Gazette, specify.

(5) A casual vacancy in a State Board constituted under this Act shall be filled by a

fresh nomination and the person nominated to fill the vacancy shall hold office

Terms and conditionsof service ofmembers.

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only for the reminder of the term for which the member whose place he takes was nominated.

(6) A member of a State board constituted under this Act shall be eligible for re-

nomination but not for more than two terms.

(7) The other terms and conditions of service of the Chairman and other members

(except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed.

8. (1) No person shall be a member of a State Board constituted under this Act, who-

(a) is, or at any time has been, adjudged insolvent, or

(b) is of unsound mind and has been so declared by a competent court, or

(c) is, or has been, convicted of an offence which, in the opinion of the State

Government, involves moral turpitude, or

(d) is, or at any time has been, convicted of an offence under this Act, or

(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale, or hire of

machinery, industrial plant, control equipment or any other apparatus for theimprovement of the quality of air or for the prevention control or abatement of air pollution, or

(f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or

corporation owned, controlled or managed by the Government, for the carrying out of programs for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or

Disquali-fications

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(g) has so abused, in the opinion of the State Government his position as a member, as to render his continuance or the State Board detrimental to the interests of the

general public.

(2) The State Government shall, by order in writing, remove any member

who is, or has become, subject to any disqualification mentioned in sub-section

(1):

Provided that no order of removal shall be made by the State Government under

this section unless the member concerned has been given a reasonableopportunity of showing cause against the same.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of

section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a member.

9. If a member of a State Board constituted under this Act becomes subject to any

of the disqualifications specified in section 8, his seat shall become vacant.

10. (1) For the purposes of this Act, a Board shall meet at least once in every three

months and shall observe such rules of procedure in regard to the transaction of

business at its meetings as may be prescribed. Provided that if, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.

(2) Copies of the minutes of the meetings under sub-section (1) shall be forwarded

to the Central Board and to the State Government concerned.

11.(1) A Board may constitute as many committees consisting wholly of members or

partly of members and partly of other persons and for such purpose or purposes

as it may think fit.

Vacation of seats by members.

Meetingsof Board

Constitu-tion of committees

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(2) A committee constituted under this section shall meet at such time and at such

place, and shall observe such rules of procedure in regard to the transaction of

business at its meetings, as may be prescribed.

(3) The members of a committee other than the members of the Board shall be paid

such fees and allowances, for attending its meetings and for attending to any

other work of the Board as may be prescribed.

12. (1) A Board may associate with itself in such manner, and for such purposes, as

may be prescribed, any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

(2) A person associated with the Board under sub-section (1) for any purpose shall

have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a member of the Board for any other purpose.

(3) A person associated with a Board under sub-section (1) shall be entitled to

receive such fees and allowances as may be prescribed.13. No act or proceeding of a Board or any committee thereof shall be called in

question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be.

14. (1) The terms and conditions of service of the member-secretary of a State Board

constituted under this Act shall be such as may be prescribed

(2) The member-secretary of a State Board, whether constituted under this Act or

not, shall exercise such powers and perform such duties as may be prescribed.

(3) Subject to such rules as may be made by the State Government in this behalf, a

State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its

functions under this Act.

Temporaryassociationof persons with Board forparticular

Vacancy in Board not toinvalidate

MemberSecretaryand officers and other employeesof State Boards.

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(4) The method of appointment, the conditions of service and the scales of pay of

the officers (other than the member-secretary) and other employees of a State

Board appointed under sub-section (3) shall be such as may be determined by regulations made by the State Board under this Act.

(5) Subject to such conditions as may be prescribed, a State Board constituted

under this Act may from time to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances or fees, as it thinks fit.

15. A State Board may, by general or special order, delegate to the Chairman or the

member-secretary or any other officer of the Board subject to such conditions

and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.

CHAPTER III - POWERS AND FUNCTIONS OF BOARDS

16. (1) Subject to the provisions of this Act, and without prejudice to the performance of

its functions under the Water (Prevention and Control of Pollution) Act, 1974, the

main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.

(2) In particular and without prejudice to the generality of the foregoing functions, the

Central Board may-

(a) advise the Central Government on any matter concerning the improvement of the

quality of air and the prevention, control or abatement of air pollution;

(b) plan and cause to be executed a nation-wide programme for the prevention,

control or abatement of air pollution;

(c) co-ordinate the activities of the State Boards and resolve disputes among them;

Delegationof powers.

Functionsof Central Board.

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(d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and

prevention, control or abatement of air pollution;

(e) plan and organize the training of persons engaged or to be engaged inprogrammes for the prevention, control or abatement of air pollution on such

terms and conditions as the Central Board may specify;

(f) organize through mass media a comprehensive programme regarding the

prevention, control or abatement of air pollution;

(g) collect, compile and publish technical and statistical data relating to air pollution

and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution;

(h) lay down standards for the quality of air;

(i) collect and disseminate information in respect of matters relating to air pollution;

(j) perform such other functions as may be prescribed.

(3) The Central Board may establish or recognize a laboratory or laboratories to

enable the Central Board to perform its functions under this section efficiently.

(4) The Central Board may-

(a) delegate any of its functions under this Act generally or specially to any of the committees appointed by it;

(b) do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.

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17. (1) Subject to the provisions of this Act, and without prejudice to the performance of

its functions, if any, under the Water (Prevention and Control of Pollution) Act.

1974, the functions of a State Board shall be-

(a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof;

(b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution;

(c) to collect and disseminate information relating to air pollution;

(d) to collaborate with the Central Board in organizing the training of persons,engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organize mass-education programme relating thereto;

(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as

it may consider necessary to take steps for the prevention, control or abatement of air pollution.

(f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas;

(g) to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and

automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft:

Functionsof State Boards.

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Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition

of emission of air pollutants into the atmosphere from such industrial plants;

(h) to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution;

(i) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government;

(j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying

into effect the purposes of this Act.

(2) A State Board may establish or recognize a laboratory or laboratories to enable

the State Board to perform its functions under this section efficiently.

18. In the performance of its functions under this Act-

(a) the Central Board shall be bound by such directions in writing as the CentralGovernment may give to it; and

(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it:

Provided that where a direction given by the State Government is inconsistent

with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision.

CHAPTER IV - PREVENTION AND CONTROL OF AIR POLLUTION

19.(1) The State Government may, after consultation with the State Board, by

notification in the Official Gazette, declare in such manner as may be prescribed,

Power to giveDirections.

Power to give declare air pollution control areas

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any area or areas within the State as air pollution control area or areas for the purposes of this Act.

(2) The State Government may, after consultation with the State Board, by

notification in the Official Gazette-

(a) alter any air pollution control area whether by way of extension or reduction;

(b) declare a new air pollution control area in which may be merged one or more

existing air pollution control areas or any part or parts thereof.

(3) If the State Government, after consultation with the State Board, is of opinion that

the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of

publication of the notification) as may be specified in the n0tification.

(4) The State Government may, after consultation with the State Board, by

notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area:

Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances.

(5) If the State Government, after consultation with the State Board, is of opinion that

the burning of any material (not being fuel) in any air pollution, control area or part there of may cause is likely to cause air pollution, it may, by notification in

the Official Gazette, prohibit the burning of such material in such area or part thereof.

20. With a view to ensuring that the standards for emission of air pollutants from

automobiles laid down by the Sate Board under clause (g) of sub-section (1) of

© PMI, NTPC 74

section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the

concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939, and such authority shall, not withstanding anything contained in that Act or the rules made thereunder be bound to comply with suchinstructions.

21. (1) Subject to the provisions of this section, no person shall, without the previous

consent of the Sate Board, operate any industrial plant for the purpose of any

industry specified in the Schedule in an air pollution control area.

(2) An application for consent of the State Board under sub-section (1) shall be

accompanied by such fees as may be prescribed and shall be made in theprescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed.

Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant for the purpose of any industry specified in the schedule, such person shall make the

application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such

industrial plant with the consent of the State Board until the consent applied for has been refused.

(3) The State Board may make such inquiry as it may deem fit, in respect of the

application for consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as maybe prescribed.

(4) Within a period of four months after the receipt of the application for consent

referred to in sub-section (1), the State Board shall, by order in writing, either grant or refuse, for reasons to be recorded in the order, the consent applied for.

(5) Every person to whom consent has been granted by the State Board under sub-

section (4), shall comply with the following conditions, namely-

Power to giveinstructionsfor ensuring standards for emissionfromautomobiles.

Restrictionson use of certainindustrialplants.

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(i) the control equipment of such specifications as the State Board may approve in

this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on;

(ii) the existing control equipment, if any, shall be altered or replaced in accordance

with the directions of the State Board;

(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all

times in good running condition;

(iv) chimney, wherever necessary, of such specifications as the State Board may

approve in this behalf shall be erected or re-erected in such premises;

(v) such other conditions as the State Board may specify in this behalf; and

(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf:

Provided that in the case of a person operating any industrial plant for the purpose of any industry specified in the Schedule in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so

specified shall not be less than six months:

Provided further that:-(a) after the installation of any control equipment in accordance with the

specifications under clause (i), or

(b) after the alteration or replacement of any control equipment in accordance with

the directions of the State Board under clause (ii), or

(c) after the erection or re-erection of any chimney under clause (iv),

© PMI, NTPC 76

no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-erected except with the previous approval of the State Board.

(6) If due to any technological improvement or otherwise the State Board

is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in

whole or in part), the State Board shall, after giving the person to whom consent has been granted an opportunity of being heard, vary all or any of suchconditions and thereupon such person shall be bound to comply with the

conditions as so varied.

(7) Where a person to whom consent has been granted by the State Board under

sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally.

22. No person carrying on any industry specified in the Schedule or operating any

industrial plant, in any air pollution control area shall discharge or cause or permit

to be discharged the emission of any air pollutant in excess of the standards laid down y the State Board under clause (g) of sub-section (1) of section 17.

23.(1) Where in any air pollution control area the emission of any air pollutant into the

atmosphere in excess of the standards laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the person in charge of the premises from where such emission occurs or is

apprehended to occur shall forth with intimate the fact of such occurrence or the apprehension of such occurrence to the State Board and to such authorities or agencies as may be prescribed.

(2) On receipt of information with respect to the fact or the apprehension of any

occurrence of the nature referred to in sub-section (1), whether through

intimation under that sub-section or otherwise, the State Board and theauthorities or agencies shall, as early as practicable, cause such remedial

Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standards laid down by State Board.

Furnishingofinformationto State Board and

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measures to be taken as are necessary to mitigate the emission of such air pollutants.

(3) Expenses, if any, incurred by the State Board, authority or agency with respect to

the remedial measures referred to in sub-section (2) together with interest (at such reasonable rate, as the State government may, by order, fix) from the date

when a demand for the expenses is made until it is paid, may be recovered by that Board, authority or agency from the person concerned, as arrears of land revenue, or of public demand.

24.(I) Subject to the provisions of this section, any person empowered by a State

Board in this behalf shall have a right to enter, at all reasonable times with such

assistance as he considers necessary, any place-

(a) for the purpose of performing any of the functions of the state Board entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any suchfunctions are to be performed or whether any provisions of this Act or the rules

made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;

(c) for the purpose of examining and testing any control equipment, industrial plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and

for seizing any such control equipment, industrial plant, record, register,document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules

made thereunder.

(2) Every person carrying on any industry specified in the schedule and every

person operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by

Power of entry and inspection

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the State Board under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he

shall be guilty of an offence under this Act.

(3) If any person wilfully delays or obstructs any person empowered by the State

Board under sub-section (1) in the discharge of his duties, he shall be guilty of an

offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the

State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section as they apply to any

search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as the case may be under the corresponding provisions of the said law.

25. For the purposes of carrying out the functions entrusted to it, the State Board or

any officer empowered by it in that behalf may call for any information (including information regarding the types of air pollutants emitted into the atmosphere and

the level of the emission of such air pollutants) from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant and for the purpose of verifying the correctness of such information, the

State Board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on oroperated.

26. (1) A State Board or any officer empowered by it in this behalf shall have power to

take, for the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed.

(2) The result of any analysis of a sample of emission taken under sub-section (1)

shall not be admissible in evidence in any legal proceeding unless the provisions

of sub-sections (3) and (4) are complied with.

Powerobtaininformation

Power to takesamples ofair or emissionandprocedureto be followed in connectiontherewith.

2 of 1974

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(3) Subject to the provisions of sub-section (4), when a sample of emission is taken

for analysis under sub-section (1), the person taking the sample shall-

(a) serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;

(b) in the presence of the occupier or his agent, collect a sample of emission foranalysis;

(c) cause the sample to be placed in a container or containers which shall bemarked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;

(d) send, without delay, the container or containers to the laboratory established or recognised by the State Board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause

(a), to the laboratory established or specified under sub-section (1) of section 28.

(4) When a sample of emission is taken for analysis under sub-section (1) and the

person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then,-

(a) in a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and

(b) in a case where the occupier or his agent is present at the time of taking the sample but refuses to sign the marked and sealed container or container of the

sample of emission as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the sample,

© PMI, NTPC 80

and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-

section (1) of section 28 any such person shall inform the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers.

27.(1) Where a sample of emission has been sent for analysis to the laboratory

established or recognised by the State Board, the Board analyst appointed under

sub-section (2) of section 29 shall analyse the sample and submit a report in the prescribed form of such analysis in triplicate to the State Board.

(2) On receipt of the report under sub-section (1), one copy of the report shall be

sent by the State Board to the occupier or his agent referred to in section 23, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the State

Board.

(3) Where a sample has been sent for analysis under clause (d) of sub-section (3) or

sub-section (4) of section 26 to any laboratory mentioned therein, theGovernment analyst referred to in the said sub-section (4) shall analyse the sample and submit a report in the prescribed form of the result of the analysis in

triplicate to the State Board which shall comply with the provisions of sub-section(2).

(4) Any cost incurred in getting any sample analysed at the request of the occupier

or his agent as provided in clause (d) of sub-section (3) of section 26 or when he wilfully absents himself or refuses to sign the marked and sealed container or containers of sample of emission under sub-section (4) of that section, shall be

payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.

28. (1) The State Government may, by notification in the Official Gazette,-

Reports ofthe Result of analysis on samples taken under

© PMI, NTPC 81

(a) establish one or more State Air Laboratories; or

(b) specify one or more laboratories or institutes as State Air Laboratories to carry out the functions entrusted to the State Air Laboratory under this Act.

(2) The State Government may, after consultation with the State Board, make rules

prescribing-

(a) the functions of the State Air Laboratory;

(b) the procedure for the submission to the said Laboratory of samples of air or emission for analysis or test, the form of the Laboratory’s report thereon and the

fees payable in respect of such report;

(c) such other matters as may be necessary or expedient to enable thatLaboratory to carry out its functions.

29.(1) The State government may, by notification in the Official Gazette, appoint such

persons as it thinks fit and having the prescribed qualifications to be Government

analysts for the purpose of analysis of samples of air or emission sent foranalysis to any laboratory established or specified under sub-section (1) ofsection 28.

(2) Without prejudice to the provisions of section 14, the State Board may, by

notification in the Official Gazette, and with the approval of the StateGovernment, appoint such persons as it thinks fit and having the prescribed

qualifications to be Board analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or recognised under section 17.

30. Any document purporting to be a report signed by a government analyst or, as

the case may be, a State Board analyst may be used as evidence of the facts

stated therein in any proceeding under this Act.

Reports of analysis.

© PMI, NTPC 82

31.(1) Any person aggrieved by an order made by the State Board under this Act may,

within thirty days from the date on which the order is communicated to him,

prefer an appeal to such authority (herein after referred to as the Appellate Authority) as the State Government may think fit to constitute:

Provided that the Appellate Authority may entertain the appeal after the expiry of

the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) The appellate Authority shall consist of a single person or three persons as the

State government may think fit to be appointed by the State Government.

(3) The form and the manner in which an appeal may be preferred under sub-section

(1), the fees payble for such appeal and the procedure to be followed by the Appellate Authority shall be such as may be prescribed.

(4) On receipt of an appeal preferred under sub-section (1), the Appellate Authority

shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

CHAPTER V - FUND, ACCOUNTS AND AUDIT

32. The Central Government may, after due appropriation made by Parliament by

law in this behalf, make in each financial year such contributions to the StateBoards as it may think necessary to enable the State Boards to perform their functions under this Act:

Provided that nothing in this section shall apply to any State Board for the Prevention and Control of Water Pollution constituted under section 4 of the

Water (Prevention and Control of Pollution) Act, 1974, which is empowered by that Act to expend money from its fund thereunder also for performing itsjunctions, under any law for the time being in force relating to the prevention, control or abatement of air pollution.

Appeals

Contributionby Central Government.

© PMI, NTPC 83

33. (1) Every State Board shall have its own fund for the purposes of this Act and all

sums which may, from time to time, be paid to it by the Central government and

all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations, benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.

(2) Every State Board may expend such sums as it thinks fit for performing its

functions under this Act and such sums shall be treated as expenditure payable

out of the fund of that Board.

(3) Nothing in this section shall apply to any State Board for the Prevention and

Control of Water Pollution constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974, which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being on force relating to the prevention, control or abatement of air

pollution.

34. The Central Board or, as the case may be, the State Board shall, during each

financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimatedreceipt and expenditure under this Act, and copies thereof shall be forwarded to

the Central Government or as the case may be, the State Government.

35.(1) The Central Board shall, during each financial year, prepare, in such form and at

such time as may be prescribed, an annual report giving full account of its

activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government and that Government shall cause every such report to be laid before both houses of Parliament within a period of

six months of the date on which it is received by that Government.

(2) Every State Board shall, during each financial year, prepare, in such form and at

such time as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof,

Fund of Board.

6 of 1974

Budget

AnnualReport

© PMI, NTPC 84

shall be forwarded to the State Government and that Government shall cause every such report to be laid before the State Legislature within a period of nine

months of the date on which it is received by that Government.

36.(1) Every Board shall, in relation to its functions under this Act, maintain proper

accounts and other relevant records and prepare an annual statement of

accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified to act as

an auditor of companies under section 226 of the Companies Act, 1956.

(3) The said auditor shall be appointed by the Central Government or, as the case

may be, the State Government on the advice of the Comptroller and Auditor-General of India.

(4) Every auditor appointed to audit the accounts of the Board under this Act shall

have the right to demand the production of books, accounts, connected vouchersand other documents and papers and to inspect any of the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an audited copy

of the accounts to the Central Government or, as the case may be, the State

Government.

(6) The Central government shall, as soon as may be after the receipt of the audit

report under sub-section (5), cause the same to be laid before both Houses of

Parliament.

(7) The State Government shall, as soon as may be after the receipt of the audit

report under sub-section (5), cause the same to be laid before the StateLegislature.

Accountsand audit.

1 of 1956

© PMI, NTPC 85

CHAPTER VI - PENALTIES AND PROCEDURE

37.(1) Whoever fails to comply with the provisions of sub-section (5) of section 21 or

section 22 or with any order or direction given under this Act shall, in respect of each such failure, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees, or with

both, and in case the failure continues, with an additional fine which may extend to one hundred rupees for every day during which such failure continues after the conviction for the first such failure.

(2) If the failure referred to in sub-section (1) continues beyond a period of one year

after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to six months.

38. Whoever-

(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or

(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or

(c) damages any works or property belonging to the Board, or(d) fails to furnish to the Board or any officer or other employee of the Board any

information required by the Board or such office, or other employee for the purpose of this Act, or

(e) fails to intimate the occurrence of the emission of air pollutants into the

atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribedauthorities or agencies as required under sub-section (1) of section 23, or

(f) in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or

(g) for the purpose of obtaining any consent under section 21, makes a statement which is false in any material particular, shall be punishable with imprisonment

Failure to complywith the provisionsof section 21(5) or section 22 or with orders or

Penaltiesfor certain acts.

© PMI, NTPC 86

for a tem which may extend to three months or with fine which may extend to five hundred rupees or with both.

39. Whoever contravenes any of the provisions of this Act, for which no penalty has

been else where provided in this Act, shall be punishable with fine which may extend to five thousand rupees, and in the case of continuing contravention, with

an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first suchcontravention.

40. (1) Where an offence under this Act has been committed by a company, every

person who, at the time the offence was committed, was directly in charge of, and

was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render and such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent

the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or in attributable to anyneglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed

to be guilty of that offence and shall be liable to be proceeded against andpunished accordingly.

Explanation - For the purposes of this section,-

(a) “company” means any body corporate, and includes a firm or other

association of individuals; and

Penalty for contravention of certainprovisionsof the Act.

Offencesbycompanies.

© PMI, NTPC 87

(b) “director”, in relation to a firm, means a partner in the firm.

41.(1) Where an offence under this Act has been committed by any Department of

Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head or the Department such officer shall also be deemed to be guilty of that offence and

shall be liable to be proceeded against and punished accordingly.

42. No suit, prosecution or other legal proceeding shall lie against the Government or

any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

43. No court shall take cognizance of any offence under this Act except on a

complaint made by, or with the previous sanction in writing of, the State Board, and no court inferior to that of a Metropolitan Magistrate or a Judicial magistrate

of the first class shall try any offence punishable under this Act.

44. All the members and all officers and other employees of a Board when acting or

purporting to act in pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian penal Code.

Offences by GovernmentDepartments

Protectionof action taken in good faith.

Cognizanceof offenses.

Members,officers and employees of Board to be public

© PMI, NTPC 88

45. The Central Board shall, in relation to its functions under this Act, furnish to the

Central government and a State Board shall, in relation to its functions under this

Act, furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information as that Government, or as the case may be, the Central Board may, from time to time, require.

46. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which an Appellate Authority constituted under this Act isempowered by or under this Act to determine, and no injunction shall be granted

by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

CHAPTER VII - MISCELLANEOUS

47. (1) if at any time the State Government is of opinion-

(a) that a State Board constituted under this Act has persistently made default in the

performance of the functions imposed on it by or under this Act, or

(b) that circumstances exist which render it necessary in the public interest so to do,

the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding six months, as may be specified in

the notification ;

Provided that before issuing a notification under this sub-section for the reasons

mentioned in clause (a), the State Government shall give a reasonableopportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board.

(2) Upon the publication of a notification under sub-section (1) superseding the State

Board,-

Reportsand returns.

Bar of jurisdiction

Power of StateGovernment to supersedeStateBoard.

© PMI, NTPC 89

(a) all the members shall, as from the date of supersession, vacate their offices as such;

(b) (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the State Board shall, until the StateBoard is reconstituted under sub-section (3), be exercised, performed or

discharged by such person or persons as the State Government may direct;

(c) all property owned or controlled by the State Board shall, until the Board is

reconstituted under sub-section (3), vest in the State Government.

(3) On the expiration of the period of supersession specified in the notification issued

under sub-section (1), the State Government may-

(a) extend the period of supersession for such further term, not exceeding sixmonths, as it may consider necessary; or

(b) reconstitute the State Board by a fresh nomination or appointment, as the casemay be, and in such case any person who vacated his office under clause (a) of

sub-section (2) shall also be eligible for nomination or appointment:

Provided that the State Government may at any time before the expiration of the

period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.

48. Where the Central Board or any State Board constituted under the Water

(Prevention and Control of Pollution) Act, 1974, is superseded by the Central Government or the State Government, as the case may be, under that Act, all the powers, functions and duties of the Central Board or such State Board under this

Act shall be exercised, performed or discharged during the period of suchsupersession by the person or persons, exercising, performing or discharging the powers, functions and duties of the Central Board or such State Board under the

Water (Prevention and Control of Pollution) Act, 1974, during such period.

Specialprovision in the case of supersessionof Central Board or the State Boards constitutedunder the Water(Preventionand Control of Pollution) Act, 1974.

© PMI, NTPC 90

49. (1) As and when the Water (Prevention and Control of Pollution). Act, 1974, comes

into force in any State and the State Government constitutes a State Board for

the Prevention and Control of Water Pollution under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second mentioned in that State.

(2) On the dissolution of the State Board constituted under this Act,

(a) all the members shall vacate their offices as such;

(b) all moneys and other property of whatever kind (including the fund of the State

Board) owned by, or vested in, the State Board, immediately before suchdissolution, shall stand transferred to and vest in the State Board for thePrevention and Control of Water Pollution;

(c) every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and become an officer or other employee of the State Board for the Prevention and control of Water Pollution

and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue

to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the State Board for the Prevention and Control of Water Pollution”

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State government;

(d) all liabilities and obligations of the State Board of whatever kind immediatelybefore such dissolution shall be deemed to be the liabilities or obligations, as the

case may be, of the State Board for the Prevention and Control of WaterPollution and any proceeding or cause of action, pending or existing immediately

Dissolutionof State Boardsconstitutedunder the Act.

© PMI, NTPC 91

before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or

against the State Board for the Prevention and Control of Water Pollution.

50.(1) The Central government may, of its own motion or on the recommendation of a

Board, by notification in the Official Gazette, add to, or omit from, the Schedule

any industry or alter the description of any industry and thereupon the Schedule shall be deemed to be amended accordingly.

(2) Every notification made under sub-section (1) shall be laid, as soon as may be

after it is made, before each House of Parliament.

51.(1) Every State Board shall maintain a register containing particulars of the persons

to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed.

(2) The register maintained under sub-section (1) shall be open to inspection at al

reasonable hours by any person interested in or affected by such standards for

emission or by any other person authorized by such person in this behalf.

52. Save as otherwise provided by or under the Atomic Energy Act, 1962, in relation

to radioactive air pollution the provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in any enactment other than this Act.

53.(1) The Central government may, in consultation with the Central Board, by

notification in the Official Gazette, make rules in respect o the following matters, namely”-

(a) the intervals and the time and place at which meetings of the Central Board or any committee thereof shall be held and the procedure to be followed at such

meetings, including the quorum necessary for the transaction of business

Power to amend the schedule.

Maintenance of register.

Effect of other laws.

Power of CentralGovernment to make rules

© PMI, NTPC 92

thereat, under sub-section (1) of section 10 and under sub-section (2 ) of section 11;

(b) the fees and allowances to be paid to the members of a committee of the Central Board, not being members of the Board under sub-section (3) of section 11;

(c) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 12;

(d) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the Central Board under sub-section (1) of section 12;

(e) the functions to be performed by the Central Board under clause (1) of sub-section (2) of section 16;

(f) the form in which and the time within which the budget and the annual report of

the Central Board may be prepared and forwarded to the Central Government under sections 34 and 35;

(g) the form in which the accounts of the Central board may be maintained under sub-section (1) of section 36.

(2) Every rule made by the Central government under this Act shall be laid, as soon

as may be after it is made, before each House of Parliament, while it is insession, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session

immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

© PMI, NTPC 93

54.(1) Subject to the provisions of sub-section (3), the State Government may, by

notification in the Official Gazette, make rules to carry out the purposes of this

Act in respect of matters not falling within the purview of section 53.

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:-

(a) the terms and conditions of service of the Chairman and other members (other than the member-secretary of the State Board constituted under this Act under

sub-section (7) of section 7;

(b) the intervals and the time and place at which meetings of the State Board or any

committee thereof shall be held and the procedure to be followed at suchmeetings, including the quorum necessary for the transaction of business threat,under sub-section (1) of section 10 and under sub-section (2) of section 11;

(c) the fees and allowances to be paid to the members of a committee of the State Board, not being members of the Board under sub-section (3) of section 11;

(d) the manner in which and the purposes for which persons may be associated with the State Board under sub-section (1) of section 12;

(e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the State Board under sub-section (1) of section 12;

(f) the terms and conditions of service of the member-secretary of a State Board

constituted under this Act under sub-section (1) of section 14;

(g) the powers and duties to be exercised and discharged by the member-secretary

of a State Board under sub-section (2) of section 14;

(h) the conditions subject to which a State Board may appoint such officers and

other employees as it considers necessary for the efficient performance of its functions under sub-section (3) of section 14;

Power of StateGovernmentto make rules

© PMI, NTPC 94

(i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) of section 14;

(j) the functions to be performed by the State Board under clause (i) of sub-section(1) of section 17;

(k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) of section 19;

(l) the form of application for the consent of the State Board, the fees payabletherefore, the period within which such application shall be made and theparticulars it may contain, under sub-section (2) of section 21;

(m) the procedure to be followed in respect of an inquiry under sub-section (3) of section 21;

(n) the authorities or agencies to whom information under sub-section (1) of section 23 shall be furnished;

(o) the manner in which samples of air or emission may be taken under sub-section(1) of section 26;

(p) the form of the notice referred to in sub-section (3) of section 26;

(q) the form of the report of the State Board analyst under sub-section (1) of section 27;

(r) the form of the report of the Government analyst under sub-section (3) of section 27;

(s) the functions of the State Air Laboratory, the procedure for the submission to the same Laboratory of samples of air or emission for analysis or tests, the form of

Laboratory’s report thereon, the fees payable in respect of such report and other

14 of 1981

© PMI, NTPC 95

matters as may be necessary or expendent to enable that Laboratory to carry out its functions, under sub-section (2) of section 28;

(t) the qualifications required for Government analysts under sub-section (1) of section 29;

(u) the qualifications required for State Board analysts under sub-section (2) of section 29;

(v) the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to be followed by the Appellate Authority in disposing of the appeals under sub-section (3) of section 31;

(w) the form in which and the time within which the budget and annual report of the State Board may be prepared and forwarded to the State Government under sections 34 and 35;

(x) the form in which the accounts of the State Board may be maintained under sub-section(1) of section 36;

(y) the particulars which the register maintained under section 51 may contain;

(z) any other matter which has to be, or may be prescribed.

(3) After the first constitution of the State Board, no rule with respect to any of the

matters referred to in sub-section (2) [other than those referred to in clause (a)

thereof], shall be made varied, amended or repealed without consulting that Board.

© PMI, NTPC 96

THE SCHEDULE

(SEE SECTIONS 21, 22, 24 AND 50)

1. Asbestos and asbestos products industries.2. Cement and cement products industries.

3. Ceramic and ceramic products industries.4. Chemical and allied industries.5. Coal and lignite based chemical industries.

6. Engineering industries.7. Ferrous metallurgical industries.8. Fertilizer industries.

9. Foundries.10. Food and agricultural products industries.11. Mining industry.12. Non-ferrous metallurgical industries.

13. Ores/mineral processing industries including beneficiation, pelletization, etc.14. Power (coal, petroleum and their products) generating plants and boiler plants.15. Paper and pulp (including paper products) industries.

16. Textile processing industry (made wholly or in part of cotton).17. Petroleum refineries.18. Petroleum products and petro-chemical industries.

19. Plants for recovery from and disposal of wastes.20. Incinerators.

© PMI, NTPC 97

NO. 47 OF 1987[16TH December, 1987]

An Act to amend the Air (Prevention and Control of Pollution) Act,1981.

Be it enacted by Parliament in the Thirty-eight year of the Republic of India as follows:-

1. (1) This Act may be called the Air (Prevention and Control of Pollution) Amendment

Act, 1987.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint; and different dates may be appointed

for different States and for different provisions of this Act.

2. In section 2 of the Air (Prevention and control of Pollution) Act, 1981 (hereinafter

referred to as the principal Act),-

(i) in clause (a), after the words “gaseous substance” the brackets and words “ (including noise)” shall be inserted;

(ii) in clause (g), for the words “Central Board for the Prevention and Control of Water Pollution”, the words “Central Pollution Control Board” shall be substituted;

(iii) for clause (m), the following clause shall be substituted, namely:-

(m) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;’;

6 of 1974

Short titleandcommen-

Amendmentof section.

6 of 1974

© PMI, NTPC 98

(iv) in clause (c), in sub-clause (i), for the words “State Board for the Prevention and Control for Water Pollution”, the words “State Pollution Control Board” shall be

substituted.

3. For sections 3 and 4 of the principal Act, the following sections shall be

substituted, namely:-

3. The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974, shall, without prejudice to the

exercise and performance of its powers and functions under that Act,exercise and powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act.

4. In any State in which the Water (Prevention and Control of Pollution) Act, 1974, is in force and the State Government has constituted for that State a

State Pollution control Board under Section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of Air Pollution constituted under section 5 of this Act, and accordingly that State

Pollution Control Board shall, without prejudice to the exercise andperformance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of

air pollution under this Act.”.

4. In section 5 of the principal Act,-

(i) in sub-section (1), For the words “State Board for the Prevention and Control of Water Pollution “, the words “State Pollution control Board” shall be substituted ;

(ii) in sub-section (2) , for clause (f), the following clause shall be substituted, namely:-

Substitutionof new sections for sections 3&4

6 of 1974 CentralPollutionControl Board

StatePollutionControlBoardsconstitutedunder section 4 of Act 6 of 1974 to be State Board under this Act.

Amendment of section 5.

© PMI, NTPC 99

“(f) a full-time member-secretary having such qualifications, knowledge and experience of scientific, engineering or management aspects of

pollution control as may be prescribed, to be appointed by the State Government:”.

5. In sub-section (6) of section 7 of the principal Act, the words “but not for more

than two terms” shall be omitted.

6. In section 14 of the principal Act, for sub-section (2), the following sub-section

shall be substituted, namely:-

“(2) The member-secretary of a State Board, whether constituted under this Act

or not, shall exercise such powers and perform such duties as may beprescribed, or as may, from time to time, be delegated to him by the State Board or its Chairman,”.

7. In sub-section (2) of section 16 of the principal Act, after clause (d), the following

clause shall be inserted, namely:-

“(dd) perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of section 18;”

8. Section 18 of the principal Act shall be renumbered as sub-section (1) thereof,

and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-

“(2) Where the Central Government is of the opinion that any State Board has defaulted in Complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency

has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such

purpose, as may be specified in the order.

Amendmentof section 7.

Amendmentof section

Amendmentof section

Amendmentof section

© PMI, NTPC 100

(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses, if any,

incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover suchexpenses, be recovered by the Central Board with interest (at suchreasonable rate as the Central Government may, by order, fix) from the

date when a demand for such expenses is made until it is paid from the person of persons concerned as arrears of land revenue or of publicdemand.

(4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board given under sub-section (2) in

respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.”

9. In section 21 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted , namely:-

“(1) Subject to the provision of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air

pollution control area:

Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the Air (Prevention

and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for

such consent within the said period of three months, till the disposal of such application.”

(ii) in the proviso to sub-section (2), the words “for the purpose of any industryspecified in the Schedule” shall be omitted;

Amendmentof section

© PMI, NTPC 101

(iii) in sub-section (4):-

(a) for the words ‘either grant or refuse, for reasons to be recorded in theorder, the consent applied for”, the words “and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent”

shall be substituted;

(b) the following provisos shall be inserted at the end namely:-

“Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further

consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled:

Provided further that before cancelling a consent or refusing a further

consent under the first proviso, a reasonable opportunity of being beard shall be given to the person concerned.”

(iv) In the first proviso to sub-section (5), the words “for the purpose of any industry specified in the Schedule” shall be omitted;

10. In section 22 of the principal Act, the words “carrying on any industry specified in

the Schedule or” shall be omitted.

11. After section 22 of the principal Act, the following section shall be inserted,

namely:-

“22A. (1) Where it is apprehended by a Board that emission of any air pollutant,

in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make

an application to a court, not inferior to that of a Metropolitan Magistrate or a

Amendment of section

Insertion of new section 22A.

Power of Board to makeapplicationto court for restrainingpersonsfromcausing air pollution.

© PMI, NTPC 102

Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.

(3) Where under sub-section (2) the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order:-

(a) direct such person to desist from taking such action as is likely to cause emission;

(b) authorize the Board, If the direction under clause (a) is not complied with by the person to whom such direction is issued to implement the direction in such manner as may be specified by the court.

(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of sub-section (3) shall be recoverable from the personconcerned as arrears of land revenue or of public demand.”

12. In section 23 of the principal Act, in sub-section (1), the words “air pollution

control” shall be omitted.

13. In section 24 of the principal Act, in sub-section (2), the words “carrying on any

industry specified in the Schedule and every person” shall be omitted.

14. In Chapter IV of the principal Act, after section 31, the following section shall be

inserted, namely:-

“31A. Notwithstanding anything contained in any other law, but subject to the provisions of this Act and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers, and performance of its

functions under this Act, issue any directions in writing to any person, officer or

Amendmentof section

Amendmentof section

Insertion of new section 31A.

Power to givedirections.

© PMI, NTPC 103

authority, and such person, officer or authority shall be bound to comply with such directions.

Explanation: - For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or(b) the stoppage or regulation of supply of electricity, water or any other service”.

I5. In the proviso to section 32, in sub-section (3) of Section 33 and in section 49 of

the principal Act, for the words “State Board for the Prevention and Control of Water Pollution” wherever they occur, the words “State Pollution Control Board”

shall be substituted.

16. After section 33 of the principal Act, the following section shall be inserted,

namely:-

“33A. A Board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the Central Government or, as the case

may be, the Sate Government, borrow money from any source by way of loans or Issue of bonds, debentures or such other instruments, as it may deem fit, fordischarging all or any of its functions under this Act.”

17. For section 35 of the principal Act, the following section shall be substituted,

namely:-

“35. (1) The Central Board shall, during each financial year, prepare in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded

to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laidbefore both Houses of Parliament within nine months of the last date of the

previous financial year.

Amendmentof sections 32, 33 and

Insertion of new section 33A.

Borrowingpowers of Board.

Substitutionof new section for section 35.

AnnualReport.

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(2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this

Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laidbefore the State Legislature within a period of nine months from the last date of

the previous financial year.”.

18. For section 37 of the principal Act, the following section shall be substituted,

namely:—

“37. (1) Whoever fails to comply with the provisions of section 21 or section 22 or

directions issued under section 3lA, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand

rupees for every day during which such failure continues after the conviction for the first such failure.

(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable withimprisonment for a term which shall not be less than two years but which may

extend to seven years and with fine.

19. In section 38 of the principal Act for the words “five hundred rupees”, the words

“ten thousand rupees” shall be substituted.

20. For section 39 of the principal Act, the following section shall be substituted,

namely:-

“39. Whoever contravenes any of the provisions of this Act or any order ordirection issued there under, for which, no penalty has been elsewhere provided

in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both,

Substitutionof new section for section 37.

Failure to complywith the provisionsof section 21 or section 22 or with the directionsissuedundersection31A.

Amendment of section.

Substitutionof newsection for section 39.

Penalty for contravention of certainprovisionsof the Act.

© PMI, NTPC 105

and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention

continues after conviction for the first such contravention.”.

21. For section 43 of the principal Act, the following section shall be

substituted, namely:-

“43. (1) No court shall take cognizance of any offence under this Act except on a complaint made by—

(a) a Board or any officer authorized in this behalf by it; or

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Board or officer authorized as aforesaid,

and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

(2) Where a complaint has been made under clause (b) of subsection (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person;

Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.”.

22. Section 50 of the principal Act shall be omitted.

23. In section 53 of the principal Act, in sub-section (1), for clause (f). the following

clauses shall be substituted, namely:-

“(f) the form in which and the time within which the budget of the Central Board

may be prepared and forwarded to the Central Government under section 34;

Substitution of new section for section 43.

Cognizanceof offences.

Omissionof section

Amendmentof section

© PMI, NTPC 106

(ff) the form in which the annual .report of the Central Board may be prepared under section 35;”

24. In section 54 of the principal Act:-

(a) in sub-section (2) :-

(i) clause (a) shall be renumbered as clause (aa), and before clause (aa) as so renumbered the following clause shall be inserted namely: -

“(a) the qualifications, knowledge and experience of scientific,engineering or management aspects of pollution control required for

appointment as member-secretary of a State Board constituted under the Act;”;

(ii) for clause (w), the following clauses shall be substituted, namely: -

(w) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under

section 34;

(ww) the form in which the annual report of the State Board may be

prepared under section 35;”;

(iii) after clause (x) the following clause shall be inserted, namely:-

“(xx) the manner in which notice of Intention to make a complaint shall be given under section 43;”;

(b) in sub-section (3), for the words, brackets and letter “in clause (a)”, the words, brackets and letters “in clause (aa)” shall be substituted.

25. The Schedule to the principal Act shall be omitted.

Amendment of section

Omissionof the Schedule.

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No. 29 OF 1986

[23rd May,1986]

An Act to provide for the protection and improvement of environment and for matters connected there with:

WHEREAS decisions were taken at the United Nations Conference on the Human

Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;

AND WHEREAS it is considered necessary further to implement the decisions aforesaid

in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

CHAPTER I - PRELIMINARY

1. (1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by

notification in the official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

2. In this Act, unless the context otherwise requires

Short title, extent and commence-ment.

Definitions.

© PMI, NTPC 108

(a) “environment” includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living

creatures, plants, micro-organism and property;

(b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment;

(c) “environmental pollution” means the presence in the environment of anyenvironmental pollutant;

(d) “Handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, Destruction,

conversion, offering for sale, transfer or the like of such substance;

(e) “Hazardous substance “means any substance or preparation which by reason of its chemical or physiochemical properties or handing is liable to cause harm to

human beings, other living creatures, plants, Micro-organism, property or the environment;

(f) “occupier” in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

(g) “Prescribed” means prescribed by rules made under this Act.

CHPTER II - GENRAL POWERS OF THE CENTRALGOVERNMENT

3.(1) Subject to the provisions of this Act, the Central Government shall have the

power to take all such measures as it deems necessary or expedient for the

purpose of protecting and improving the quality of the environment andpreventing, controlling and abating environmental pollution.

Power of CentralGovernmentto take measures to protect and improveenvironment.

© PMI, NTPC 109

(2) In particular, and without prejudice to the generality of the provisions of sub-

section (1), such measures may include measures with respect to all or any of

the following matters, namely:-

(i) Co-ordination of actions by the State Governments, officers, and otherauthorities-

(a) under this Act, or the rules made there under; or

(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution:

(iii) laying down standards for the quality of environment in its various aspects;

(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever.

Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or

composition of the emission or discharge of environmental pollutants from such sources;

(v) Restriction of areas in which any industries, operations or processes or class of

industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

(vi) Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

© PMI, NTPC 110

(vi) Laying down procedures and safeguards for the handing of hazardoussubstances;

(viii) Examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(ix) Carrying out and sponsoring investigations and research relating to problems of environmental pollution;

(x) Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps

for the prevention, control and abatement of environmental pollution;

(xi) Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes

under this Act;

(xii) Collection and dissemination of information in respect of matters relating to

environmental pollution;

(xiii) Preparation of manuals, codes or guides relating to the prevention, control and

abatement of environmental pollution;

(xiv) Such other matters as the Central Government deems necessary or expedientfor the purpose of securing the effective implementation of the provisions of this

Act.

(3) The Central Government may, If it considers it necessary or expedient so to do

for the purposes of this Act, by order, published in the official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and

functions (including the power to issue directions under section5) of the central Government under this Act and for taking measures with respect to such of the

© PMI, NTPC 111

matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the

provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this act to exercise those powers or perform those functions or take such measures.

4. (1) Without prejudice to the provisions of sub-section (3) of section 3, the central

Government may appoint officers with such designations as it thinks fit for the

purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the general

control and direction the Central Government or, if so directed by thatGovernment, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority or officer.

5. Notwithstanding anything contained in any other law but subject to the provisions

of this Act, the central Government may, in the exercise of its powers and

performance of its functions under this Act, issue directions in, writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation- For the avoidance of doubts, it is hereby declared that the power toissue directions under this section includes the power to direct-

(a) The closure, prohibition or regulation of any industry, operation orprocess; or

(b) Stoppage or regulation of the supply of electricity or water or any other service.

6. (1) The central Government may, by notification in the official Gazette, make rules in

respect of all or any of the matters referred to in/section 3.

Appointmentof officers and their powers and functions.

Power to givedirections.

© PMI, NTPC 112

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:-

(a) The standards of quality of air, water or soil for various areas andpurposes;

(b) The maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;

(c) The procedures and safeguards for the handling of hazardoussubstances,

(d) The prohibition and restrictions on the handing of hazardous substances in different areas;

(e) The prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas;

(f) The procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedialmeasures for such accidents.

CHAPTER III - PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION

7. No person carrying on any industry, operation or process shall discharge or emit

or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.

Rules to regulateenviron-mentalpollution.

Persons carrying on Industry, operation, etc. not to allowemission or discharge of environmentalpollutants in excessof the standards.

© PMI, NTPC 113

8. No person shall handle or cause to be handled any hazardous sub-stance except

in accordance with such procedure and after complying with such safeguards as

may be prescribed.

9. (1) Where the discharge of any environmental pollutant in excess of the prescribed

standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the

person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forth with-

(a) intimate the fact of such occurrence or apprehension of such occurrence; and

(b) Be bound, if called upon, to render all assistance, to such authorities or agencies

as may be prescribed.

(2) On receipt of information with respect to the fact or apprehension of any

occurrence of the nature referred to in sub-section (1), whether throughintimation under that sub-section or otherwise, the authorities or agenciesreferred to in sub-section (1) shall, as early as practicable cause such remedial

measures to be taken as are necessary to prevent or mitigate the environmental pollution.

(3) The expenses, if any, incurred by any authority or agency with respect to the

remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when ademand for the expenses is made until it is paid, may be recovered by such

authority or agency from the person concerned as arrears of land revenue or of public demand.

Personshandlinghazardoussubstances tocomply withproceduralsafe guards.

Furnishingofinformationtoauthoritiesandagencies in certaincases.

© PMI, NTPC 114

10. (1) Subject to the provisions of this section, any person empowered by the

Central Government in this behalf shall have a right to enter, at all reasonable

times with such assistance as he considers necessary, any place:-

(a) for the purpose of performing any of the functions of the central Government entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any suchfunctions are to be performed or whether any provisions of this Act or the rules

made there under or any notice, order, direction or authorization served, made, given or granted under this Act is being or has been complied with;

(c) for the purpose of examination and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made there under has been or is being or is about to be committed and

for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made there

under or that such seizure is necessary to prevent or mitigate environmental pollution.

(2) Every person carrying on any industry, operation or process or handling any

hazardous substance shall be bound to render all assistance to the personempowered by the Central Government under sub-section (1) form carrying out the functions under that sub-section and if he fails to do so without any

reasonable cause or excuse,, he shall be guilty of an offence under this Act.

(3) If any person willfully delays or obstructs any person empowered by the Central

Government under sub-section (1) in the performance of his functions he shall be guilty of an offence under this Act.

(4) The provisions of the code of Criminal procedure, 1973, or, in relation to the

State of Jammu and Kashmir or any area in which that Code is not in force the

Powers of entry and inspection.

2 of 1974

© PMI, NTPC 115

provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizure under this section as they apply to any

search or seizure made under the authority of a warrant issue under section 94 of the said code or, as the case may be, under the corresponding provision of the said law.

11.(1) The Central Government or any officer empowered by it in this behalf, shall have

power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be

prescribed.

(2) The result of any analysis of a sample taken under sub-section (1) shall not be

admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the sample under

sub-section (1) shall:-

(a) Serve on the occupier or his agent or person in charge of the Place, a notice,

then and there, in such from as may be prescribed, of his intention to have it so analysed;

(b) In the presence of the occupier or his agent or person, collect a sample for analysis;

(c) cause the sample to be placed in a container or containers which shall be

marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;

(d) send without delay, the container or the containers to the laboratory established or recognized by the Central Government under section 12.

Powers to take sample andprocedure to be followed inconnectiontherewith.

© PMI, NTPC 116

(4) When a sample is taken for analysis under sub-section (1) and the person taking

the sample serves on the occupier or his agent or person, a notice under clause

(a) of sub-section (3), then:-

(a) in a case where the occupier, his agent or person willfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a

container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and

(b) in a case where the occupier or his agent or person present at thetime of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the

marked and sealed container or containers shall be signed by the person taking the samples,

and the container or containers shall be sent without delay by the person taking

the sample for analysis to the laboratory established or recognized under section 12 and such person shall inform the Government Analyst appointed orrecognized under section 13 in writing about the willful absence of the occupier

or his agent or person or as the case may be, his refusal to sign the container or containers.

12. (1) The Central Government may by notification in the official Gazette:-

(a) establish one or more environmental laboratories;

(b) recognize one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.

(2) The Central Government may, by notification in the official Gazette, make rules

specifying-

(a) the functions of the environmental laboratory;

Environmentallaboratories.

© PMI, NTPC 117

(b) the procedure for the submission to the said laboratory of samples of air, water,soil or other substance for analysis or tests, the form of the laboratory report

thereon and the fees payable for such report;

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

13. The Central Government may by notification in the official Gazette, appoint or

recognize such persons as it thinks fit and having the prescribed qualifications to

be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognized under sub-section (1) of section 12.

14. Any document purporting to be a report signed by a Government annalist may be

used as evidence of the facts stated there in any proceeding under this Act.

15. (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or

the rules made or order or directions issued thereunder 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 to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such

failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a

period of one year after the date of conviction, the offender shall be punishablewith imprisonment for a term which may extend to seven years.

16. (1) Where any offence under this Act has been committed by a company, every

person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the

company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

GovernmentAnalysts.

Reports of GovernmentAnalysts.

Penalty for contravention of the provisionsof the Act and the rules, orders anddirections.

Offencesbycompanies.

© PMI, NTPC 118

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Not with standing anything contained in sub-section (1), where an offence

under this Act has been committed by a company and it is proved that theoffence has been committed with the consent or connivance of, or is attributable

to any neglect on part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished

accordingly.

Explanation - For the purposes of this section:-

(a) “Company” means any body corporate and includes a firm or otherassociation of individuals;

(b) “Director” in relation to a firm means a partner in the firm.17. (1) Where an offence under this Act has been committed by any Department of

Government, the Head of the Department shall be deemed to be guilty of the

offence and shall be liable to be proceeded against and punished accordingly;

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed

without his Knowledge or that he exercise all due diligence to prevent thecommission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under

this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is

attributable to any neglect on the part of, any officer, other than the Head of the

Offences by GovernmentDepartments.

© PMI, NTPC 119

Department , such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER IV - MISCELLANEOUS

18. No suit, prosecution or other legal proceeding shall lie against the Government or

any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in

pursuance of this Act or the rules made or orders or directions issued thereunder.

19. No court shall take cognizance of any offence under this Act except on a

complaint made by:-

(a) the Central Government or any authority or officer authorized in this behalf by

that Government; or

(b) any person who has given notice of not less than sixty days, in the manner

prescribed, of the alleged offence and of his intention to make a compliant, to the Central Government, or the authority or officer authorized as aforesaid.

20. The Central Government may, in relation to its functions under this Act, from time

to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or

other authority shall be bound to do so.

21. All the members of the authority, constituted, if any, under section 3 and all

officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Protectionof action taken in good faith.

Cognizanceof offences.

Information,reports or returns.

Members,officers and employeesof the authorityconstitutedundersection 3 to be public servants.

45 of 1860

© PMI, NTPC 120

22. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of anything done, action taken or order or direction issued by the Central

Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.

23. Without prejudice to the provisions of sub-section (3) of section 3, the Central

Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority

under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, state Government or otherauthority.

24. (1) Subject to the provisions of sub-section (2), the provisions of this Act and the

rules or orders made therein shall have effect not with standing anythinginconsistent therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and

also under any other Act then the offender found guilty of such offence shall be

liable to be punished under the other Act and not under this Act.

25.(1) The Central Government may, by notification in the official Gazette, make rules

for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely: -

(a) the standards in excess of which environmental pollutants shall not bedischarged or emitted under section 7;

(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled

under section 8;

Bar of jurisdiction.

Power to delegate.

Effect of other laws.

Power to make rules.

© PMI, NTPC 121

(c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental

pollutant in excess of the prescribed standards shall be given and towhom all assistance shall be bound to be rendered under sub-section (1) of section 9;

(d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section(1) of section 11;

(e) the form in which notice of intention to have a sample analyzed shall be served under clause (a) of sub-section (3) of section 11;

(f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to

carry out their functions under sub-section (2) of section 12;

(g) the qualifications of Government analyst appointed or recognized for the

purpose of analysis of samples of air, water, soil or other substances under section 13;

(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;

(i) the authority or officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20;

(j) Any other matter which is required to be, or may be, prescribed.

26. Every rule made under this Act shall be laid, as soon, as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive

Rules made under this Act to be laid beforeParliament.

© PMI, NTPC 122

sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any

modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

© PMI, NTPC 123

MINISTRY OF ENVIRONMENT & FORESTS(Department of Environment, Forests & Wildlife)

New Delhi, the 19th November, 1986

NOTIFICATION

S.O. 844(E) In exercise of the powers conferred by sections 6 and 25 of the

Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement ;-

(i) These rules may be called the Environment (Protection) Rules, 1986.

(ii) They shall come into force on the due of their publication in the Official Gazette.

2. Definitions:- In these rules, unless the context otherwise requires:-

(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);

(b) “Central Board” means the Central Board for the Prevention and Control of Water Pollution under section 3 of the Water (Prevention and Control of Pollution) Act,

1974 (6 of 1974);

(c) “Form” means a form set forth in Appendix A to these rules;

(d) “Government Analyst” means a person appointed or recognized as such under section 13.

© PMI, NTPC 124

(e) “person” in relation to any factory or premises means a person or occupier or his agent who has control over the affairs of the factory or premises and includes in

relation to any substance, the person in possession of the substances. (f) “recipient system” means the part of the environment such as soil, water, air or

other which receives the pollutants.

(g) “section” means a section of the Act:

(h) “Schedule” means a Schedule appended to these rules:

(i) “Standards” means standards prescribed under these rules:

(j) “State Board” means a State Board for the Prevention and Control of Water pollution constituted under section 4 of the Water (Prevention and Control of Water pollution) Act, 1974 (6 of 1974) or a State Board for the Prevention and Control of Air Pollution constituted under section 5 of the Air (Prevention and

Control of Pollution) Act, 1981 (14 of 1981).

3. Standards for emission or discharge of environmental pollutants:

(1) For the purposes of protecting and improving the quality of the environment and

preventing and abating environmental pollution, the Standards for emission or discharge of environmental pollutants from the industries, operations orprocesses shall be as specified in the Schedule:

Provided where an industry, operation or process has been granted time by the Central Board or a State Board to implement a time bound program to treat the environmental pollutants so as to bring them to the standards prescribed under

these rules after specifying certain conditions and where such an industry,operation or process by adhering strictly to such stipulations specified by the Central or the State Board discharges environmental pollutants in excess of the

prescribed standards during such period of such time bound programme, such discharge shall not be considered as an offence under the Act.

© PMI, NTPC 125

(2) Notwithstanding anything contained in sub rule (1), the Central Board or a StateBoard may specify more stringent standards from those provided in the

Scheduled in respect of any specific industry, operation, or process depending upon the quality of the recipient system and after recording reasons therefore in writing.

4. Directions:

(1) Any direction issued under section 5 shall be in writing.

(2) The direction shall specify the nature of action to be taken and the time within

which it shall be complied with by the person, officer or the authority to whom such direction is given.

(3) The person,, officer or authority to whom any direction is sought to be issued

shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer designated in this behalf the objections, if any, to the issue of the

proposed direction.

(4) The Central Government shall within a period of 45 days from the date of receipt

of the objections, if any, or from the date upto which an opportunity is given to the person, officer or authority to file objections whichever is earlier, after considering the objections, if any, received from the person, officer or authority ought to be directed and for reasons to be recorded in writing, confirm, modify or decide act

to issue the proposed direction.

(5) In a case where the Central Government is of the opinion that in view of the

likelihood of a grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be deemed tobe duly served-

© PMI, NTPC 126

(a) where the person to be served is a company, if the document is

addressed in the name of the company at its registered office or at its principal office or place of business and is either-(i) sent by registered post, or(ii) delivered at its registered office or at the principal office or place of

business.

(b) where the person to be served is an officer serving Government if the

document is addressed to the person and a copy thereof is endorsed to this Head of the Department and also to the Secretary to the Government, as the case may be in charge of the Department in which for the time

being the business relating to the Department in which the officer is employed is transacted and is either-(i) sent by registered post or(ii) is given or tendered to him

(c) in any other case, if the document is addressed to the person to beserved and-

(i) is given or tendered to him, or(ii) if such person cannot be found is affixed on some conspicuous

part of his last known place of residence or business or is given or

tendered to some adult member of his family or is affixed on some conspicuous part of the land or building: If any, to which it relates, or

(iii) is sent by registered post to that person

Explanation: - For the purposes of this sub rule-

(a) “company” means any body corporate and includes a firm or other association of individuals;

(b) “a servant” is not a member of the family.

© PMI, NTPC 127

5. Prohibition and restriction on the location of industries and thecarrying on processes

(1) The Central Government may take into consideration the following factors whileprohibiting or recruiting the location of industries and carrying on of processes and operations in different areas:-

(i) Standards for quality of environment in its various aspects laid down for an area.

(ii) The maximum allowable limits of concentration of various environmental pollutants (including noise) for an area.

(iii) The likely emission or discharge of environmental pollutants from anindustry process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central

Government needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry,process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments andArchaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified as such under the Wild Life

(Protection) Act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or its pursuance of any decision made in any international conference, association or other body.

© PMI, NTPC 128

(ix) Proximity to human settlements.

(x) Any other factor as may be considered by the Central Government to be relevant to the protection of the environment in an area.

(2) While prohibiting or restricting the location of industries and carrying on of

processes and operations in an area, the Central Government shall follow the procedure hereinafter laid down.

(3) (a) Whenever it appears to be Central Government that it is expedient to imposeprohibition or restrictions on the location of an industry or the carrying on of processes and operations in an area, it may, by notification in the Official Gazette

and in such other manner as the Central Government may deem necessary from time to time, give notice of its intention to do so.

(b) Every notification under clause (a) shall give a brief description of the area, the

industries, operations, processes in that area about which such notificationpertains and also specify the reasons for the imposition of prohibition orrestrictions on the location of the industries and carrying on of processes or

operations in that area.

(c) Any person interested in filing an objection against the imposition of prohibition or

restrictions on carrying on of processes or operations as notified under clause (a) may do so in writing to the Central Government within sixty days from the date of publication of the notification in the Official Gazette.

(d) The Central Government shall within a period of one hundred and twenty days from the date of publication of the notification in the Official Gazette consider all the objections received against such notification and may impose prohibition or

restrictions on location of such industries and the carrying on of any process or operation in an area.

© PMI, NTPC 129

6. Procedure for taking samples:

The Central Government or the officer empowered to take samples under section 11 shall collect the sample in sufficient quantity to be divided into three uniform parts and effectively seal and suitably mark the same and permit the person from

whom the sample is taken to add his own seal or mark to all or any of the portions so sealed and marked. In case where the sample is made up incontainers of small volumes and is likely to deteriorate or be otherwise damaged

if exposed the Central Government or the officer empowered shall take three of the said samples without opening the containers and suitably seal and mark the same. The Central Government or the officer empowered shall dispose of the

samples so collected as follows:-

(i) One person shall be handed over to the person from whom the sample is taken under acknowledgement.

(ii) The other portion shall be sent forthwith to the environmental laboratory for analysis, and

(iii) The last portion shall be retained by him to be produced in the Court before which proceedings, if any, are instituted.

7. Service of notice:

The Central Government or the officer empowered shall serve on the occupier or his agent or person in charge of the place a notice then and there in Form 1 of his intention to have the sample analysed.

8. Procedure for submission of samples for analysis and the form of laboratory report thereon:

(1) Sample taken for analysis shall be sent by the Central Government or the officer

empowered to the environmental laboratory by registered post or through special messenger along with Form II.

© PMI, NTPC 130

(2) Another copy of Form II together with specimen impression of seals of the officerempowered to take samples along with the seals marks, if any, of the person

from whom the sample is taken shall be sent separately in a scaled cover by registered post or through a special messenger to the environmental laboratory.

(3) The findings shall be recorded in Form III in triplicate and signed by the

Government Analyst and sent to the officer from whom the sample is received for analysis.

(4) On receipt of the report of the findings of the Government Analyst, the officer shall send one copy of the report to the person from whom the sample was taken for analysis, the second copy shall be retained by him for his records and the

third copy shall be kept by him to be produced in the Court before whichproceedings, if any, are instituted.

9. Functions of environmental laboratories:

The following shall be the functions of the environmental laboratories:-

(i) to evolve standardized methods for sampling and analysis of various types of environmental pollutants:

(ii) to analyze samples sent by the Central Government or the officersempowered under sub-section (I) of section 11.

(iii) To carry out such investigations as may be directed by the CentralGovernment to lay down standards for the quality of environment and discharge of environmental pollutants, to monitor and to enforce the

standards laid down:

(iv) To send periodical reports regarding its activities to the Central

Government.

© PMI, NTPC 131

(v) To carry out such other functions as may be entrusted to it by the Central Government from time to time.

10. Qualifications of Government Analyst:

A person shall not be qualified for appointment or recognised as a Government Analyst unless he is a :-

(a) graduate in science from a recognised university with five years experience in a laboratory engaged in environmental investigations, testing or analysis: or

(b) post-graduate in science or a graduate in engineering or a graduate in medicine or equivalent with two years experience in a laboratory engaged in environmental investigations, testing or analysis: or

(c) post-graduate in environmental science from a recognised university with two years experience in a laboratory engaged in environmental investigations, testing or analysis:

11. Manner of given notice:

The manner of giving notice under clause (b) of section 19 shall be as follows namely:-

(1) The notice shall be in writing in Form IV.

(2) The person giving notice may send notice to:-

(a) If the alleged offence has taken place in a State:-(A) The Central Board and

(B) Ministry of Environment and Forests (represented by theSecretary to the Government of India)

(b) If the alleged offence has taken place in a Union territory:-

© PMI, NTPC 132

(A) the State Board and(B) the Government of the State (represented by the secretary to the

State Government incharge of environment); and(C) the Ministry of Environment and Forests (represented by the

Secretary to the Government of India)

(3) The notice shall be send by registered post acknowledgement there and

(4) The period of sixty days mentioned in clause (b) of section 19 of the Environment

(Protection) Act, 1986 shall be reckoned from the date it is last received by one of the authorities mentioned above.

SCHEDULE(See Rule 3)

Ser.No.

Industry Parameter Standards

1. 2 3 4

1. Caustic Soda Industry

Concentration not to exceed, milligramme per litre (except

for pH and flow)Total concentration of mercury in the final efflluent*Mercury bearing waste

water generation (flow) PH

0.01

10 kilolitre tonne of caustic

soda produced5.5 to 9.0

* Final effluent is the combined effluent from (a) cell

house, (b) brine plant, (c) chlorine handling (d) hydrogen handling (e) hydrochloric acid plant

© PMI, NTPC 133

1. 2 3 4

2. Man-made fibres

(synthetic)

Concentration not to exceed

milligramme per litre (except for pH)

Suspended solids Bio-chemical oxygen

demand 5 day 200 C pH

100

305.5 to 9.0

3. Oil refinery

industry

Concentration not to

exceed milligramme per litre (except for pH)

Quantum, Kg/1000 tonnes

crude processed

Oil and grease 10 7

Phenol 1 0.7Sulphide 0.5 0.35Bio-chemical oxygen

demand, 5 day 200 C 15 10.5Suspended solids 20 14PH 6 to 8.5

4. Sugar industry Concentration not exceed,

milligramme per litre Bio-chemical oxygen demand, 5 day 200 C

100 for disposal on land 30 for disposal in surface waters

Suspended solids 100 for disposal on land 30 for disposal in surface waters.

5. Thermal power

plants

Maximum limiting

concentration, milligramme per liture (except for pH and temperature)

© PMI, NTPC 134

1. 2 3 4

Condensercooling waters

(once through cooling system)

PHTemperature

6.5 – 8.5Not more than 50 C higher

than the intake water temperature

Free available chlorine 0.5Boiler blowdown Suspended solids 100

Oil and grease 20

Copper solids 1.0Iron solids 1.0

Cooling tower

blowdown

Free available chlorine 0.5

Zinc 1.0Chromium (total) 0.2

Phosphate 5.0Other corrosion includingMaterial

Limit to be established on Case by case basis by Central Board in case of union territories and

State Boards in case of States.Ash pond effluent pH 6.5 - 8.5

Suspended solids 100

Oil and grease 20

6. Cotton textileindustries

(composite andprocessing)

Concentration not to exceed milligramme per liture

(except for pH and bio-assay)

Common:

PH 5.5 to 9Suspended solids 100Bio-chemical oxygen

demand, 5 day 200 C 150Oil and grease 10

© PMI, NTPC 135

1. 2 3 4

Bio-assay test 90% survival of fish after 96 hours

Special :Total chromium (as Cr) 2

Sulphide (as S) 2Phenolic compounds(as C6H5OH) 5

The special parameters are to be stipulated by the Central Board in case of Union territories and State Boards in case of States depending upon the dye used in the

industry. Where the industry uses chrome dyes, sulphur dyes and/or phenoliccompounds in the dyeing/printing process, the limits on chromium of 2 mg/litre, sulphides of 2 mg/litre and phenolic compounds of 5 mg/litre respectively shall be imposed.

Where the quality requirement of the recipient system so warrants, the limit of BOD should be lowered upto 30 According to the requirement by the State Boards for the

States and the Central Board for the Union territories.

A limit on sodium absorption ratio of 26 should be imposed by the State Boards for

the States and the Central Board for the Union territories if the disposal of effluent is to be made on land.

7. Composite

woollen mills

Concentration not to

exceed, milligramme per litre (except for pH and bio-assay)

Common: Suspended solids 100PH 5.5 to 9.0

© PMI, NTPC 136

1. 2 3 4

Bio-chemical oxygen

Demand, 5 day 200 C

100

Oil and grease 10Bio-assay 90% survival of fish

after 96 hoursSpecial: Total chromium (as Cr) 2

Sulphide (as S) 2Phenolic compounds (asC6H5OH)

5

The special parameters are to be stipulated by the Central Board in case of Union territories and State Board in case of States depending upon the dye used in the

industry. Where the industry uses chrome dyes, sulphur dyes and/or phenoliccompounds in the dyeing/printing process, the limits on chromium of 2 mg/litre, sulphide of 2 mg/litre and phenolic compounds of 5 mg/litre respectively shall be imposed.

Where the quality requirement of the recipient system so warrants, the limit of BOD should be lowered upto 30 according to the requirement by the State Boards for the

States and the Central Board for the Union territories.

A limit on sodium absorption ratio of 26 should be imposed by the State Boards for the States and the Central Board for the Union territories if the disposal of effluent is

to be made on land.

© PMI, NTPC 137

APPENDIX AFORM I

(See rule 7)

NOTICE OF INTENTION TO HAVE SAMPLE ANALYSED

To

Take notice that it is intended to have analysed the sample of

which has been taken today, the day of

19 from

(Name and designation of the person who takes the sample)

*Specify the place from where the sample is taken.

(SEAL)

DATE:

© PMI, NTPC 138

MINISTRY OF ENVIRONMENT & FORESTS(Department of Environment, Forests & Wildlife)

New Delhi, the 12th September, 1988

NOTIFICATION

G.S.R. 919 (E):- is exercise of the powers conferred by section 25 of the Environment (Protection) Act, 1986 (19 of 1986) the Central Government hereby makes the following rules further to amend the Environment (Protection) Rules, 1986, namely ;-

1. (1) These rules may be called the Environmental (Protection) SecondAmendment Rules, 1988

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Environment Protection Rules, 1986, the Scheduled shall be renumberedas Scheduled 1 and after Schedule I, renumbered, the following Schedule shall be inserted, namely ;-

© PMI, NTPC 139

SCHEDULE II(See Rule 3)

General standards for Discharge of effluents

Sl.No.

Parameter Standards

Inlandsurfacewater

Publicsewers

Load forirrigation

Marinecoastalareas

1 2 3

(a) (b) (c) (d)

1. Colour and

odour

See Note 1 -- See Note 1 See Note 1

2. Suspendedsolids, mg/1, Max

100 600 200 (a) Forprocesswaste

water -100

(b) Forcooling

watereffluent -10 per

centabovetotal

suspended matterof influent Cooling

water.

© PMI, NTPC 140

3. Particle size of

suspendedsolids

Shall pass

8.50 micron 1S Sieve

-- (a) Floatable

solids,Max. 3 mm

(b) Settleablesolids,Max 850 microns.

4. Dissolved

solids(inorganic),mg/1 Max

2100 2100 2100

5. PH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0 5.5 to 9.06. Temperature

0C, MaxShall notexceed 40 in

any sectionof the stream within 15metres down

stream fromthe effluentoutlet

45 at thepoint of

discharge

-- 45 at thepoint of

discharge

7. Oil and grease mg/1, Max

10 20 10 20

8. Total residual

chlorine, mg/1,Max.

1.0 -- -- 1.0

9. Ammonicalnitrogen (as N),

mg/1, Max.

50 50 -- 50

10. Total kjeldahlnitrogen (as N),

mg/1 Max

100 -- -- 100

© PMI, NTPC 141

(a) (b) (c) (d)

11. Free ammonia

(as NH3), mg/1, Max.

5.0 -- -- 5.0

12. Biochemicaloxygen

demand (5 days at 200 C) Max.

30 350 100 100

13. Chemical

oxygendemand mg/1, Max.

250 -- -- 250

14. Arsenic (as As) mg/1, Max.

0.2 0.2 0.2 0.2

15. Mercury (As

Hg), mg/1, Max.

0.01 0.01 -- 0.01

16. Lead (as Pb.) mg/1, Max.

0.1 1.0 -- 1.0

17. Cadmium (as Cd), mg/1, Max.

2.0 1.0 -- 2.0

18. Hexavalentchromium as (Cr+6), mg/1,

Max.

0.1 2.0 -- 1.0

19. Total chromium (as Cr), mg/1, Max.

2.0 2.0 -- 2.0

20. Copper (as Cu.), mg/1 Max.

3.0 3.0 -- 3.0

© PMI, NTPC 142

(a) (b) (c) (d)

21. Zinc (as Zn),

mg/1, Max.

5.0 15 -- 15

22. Selenium (as Se), mg/1, Max

0.05 0.05 -- 0.05

23. Nickel (as Ni),

mg/1, Max

3.0 3.0 -- 5.0

24. Boron (as B), mg/1, Max

2.0 2.0 2.0 --

25. Percent sodium,

Max

-- 60 60 --

26. Residualsodium

carbonate,mg/1, Max

-- -- 5.0 --

27. Cynide (as CN),

mg/1, Max

0.2 2.0 0.2 0.2

28. Chloride (as C1), mg/1, Max

1000 1000 600 --

29. Flouride (as F),

mg/1, Max

2.0 15 -- 15

30. DissolvedPhosphates (as

P), mg/1, Max

5.0 -- -- --

31. Sulphate,(as SO4),

mg/1, Max

1000 1000 1000 --

32. Sulphide (as S), mg/1, Max

2.0 -- -- 5.0

33. Pesticides Absent Absent Absent Absent

© PMI, NTPC 143

(a) (b) (c) (d)

34. Phenolic

compounds(as C6H5OH),mg/1, Max

1.0 5.0 -- 5.0

35. Radioactive

materials;(a) Alpha emitters MC/ml.,

Max.

10 -7 10 -1 10 -2 10 -7

(b) Beta emitters

MC/ml., Max.

10 -6 10 -4 10 -7 10 -6

Note-1 All efforts should be made to remove colour and unpleasant odour as far as

practicable.

Note-2 The standards mentioned in this notification shall apply to all the effluents

discharged, such as industrial mining and mineral processing activities,municipal sewage, etc.

Note-3 This notification shall not apply to those industries for which standards have

been notified by the Central Government vide S.O. 844 (E), dated the 19th

November, 1986, S.O. 393 (E) dated 16th ‘April, 1987, S.O. 443 (E) the 28th

April 1987 and S.O. 64(E), dated the 18th January, 1988. This notification shall

cease to apply with regard to a particular industry when industry specific standards are notified for that industry.”

[No. 1(21)/87-PL)]K.P. GEETHA KRISHNAN Sec.

Sd/-

© PMI, NTPC 144

Principal rules published vide S.O. No. 844(E), dated the 19th November, 1986Amending rules published vide S.O. 82 (E) and 84(E) dated 16th February, 1987

Second Amendment rules notified trader S.O. 393(E), dated the 16th April, 1987.Third Amendment rules notified under S.O. 443(E), dated 28th April, 1987.First Amendment rules notified under S.O. 64(E), dated 18th January, 1988.

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350 feyhxzke izfr lkekU;D;wfcd ehVj

*Ik;kZoj.k ¼laj[k.k½ vf/kfu;e] 1986 ds v/khu LFkkuh; fLFkfr tSls lajf{kr {ks=] jkT; iznq”k.k fu;a=.k cksMksZa vkSj vU; Ik;kZoj.k vfHkdj.k dh vis{kk ij fuHkZj djrs gq,] l;a= dh lk/kkj.k {kerk dk /;ku j[ksa fcuk 150 feyhxzke izfr lkekU; D;wfcd ehVj dh lhek fufgr dj ldrk gSA

© PMI, NTPC 145

2. THE GAZETTE OF INDIA: EXTRAORDINARY [PART ii-Sec 3(ii)]

1 2 3 426-

Izkkd`frd jcM+m/kksx

ofgHkkxksa esa [kkaMufeyhxzke izfr fyVj ls vf/kdugha gksxk ¼ih-,p ds fy,NksM+dj½

&varZjjkT;h; ty esafoltZu

jax vkSj xa/k vuqifLFkr

Ikh- ,p- 6-0 & 9-0ch vks Mh 50Lkh vks Mh 250Rksy vkSj xzhl 10LkYQkbM 2Dqy dsLMky UkkbVªkstu 100foyf;r QklQsV ¼ih ds :Ikes½

5

fuyfEcr fiaM 100foyf;r fiaM ¼vdkcZfud½ 2100veksfu;ke ukbVªkstu ¼,uds :i esa½

50

veksfu;k eqDr ¼,u ,p 3 ds :Ik esa½

5

&flapkbZ ds fy,Hkwfe dk O;;u

jax vkSj xa/k vuqifLFkr

Ikh ,p- 6-0&8-0ch vks Mh 100Lh vks Mh 250Rksy vkSj xzhl 10fuyfEcr fiaM 200foyf;r fiaM 2100

¼ua- 1 ¼21½@86&ih ,y½ds- ih xhrkd`”.ku] lfpo

ewy fo”k; dk- vk- la 844 ¼v½ rkjh[k 19 uoEcj] 1986 }kjk izdkf’kr fd;k x;kA la’kksf/kr fu;e dk- vk- 82 ¼v½] rkjh[k 16 Qjojh] 1987] dk- vk- 393 ¼v½ rkjh[k 16 vizSy] 1987] dk- vk-443 ¼v½ rkjh[k 24 viSzy] 1987] dk vk- 64 ¼v½ 18 tuojh 1988 vkSj dk- dk- fu- 919 ¼v½ rkjh[k 12 flrEcj] 1988 }kjk izdkf’kr fd, x,A

© PMI, NTPC 146

MINISTRY OF ENVIRONMENT & FORESTS(Department of Environment, Forests & wildlife)

NOTIFICATIONNew Delhi, the 3td January, 1989

S.O.8 (E) - in exercise of the powers conferred by section 25 of the Environment(Protection) Act, 1986 (29 of 1986), the Central Government hereby remarks thefollowing rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Act, 1986 (29 of 1986) First Amendment Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In schedule in the principal Rules, after serial number 24 and the entries relating

thereto, the following serial numbers and entries shall be inserted, namely:-

1 2 3 4

25.

Thermal Power Plants * Particulate Matter emissions:

- generation capacity 210 MW or more

150 milligramme per normal cubic meter

- generation capacity

less than 210 MW

350 milligramme per

normal cubic meter26.

Natural Rubber Industry

Concentrations in theEffluents not to exceed milligramme

per liter (except for pH)

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1 2 3 4

- Discharge into inland surface water

Colour & Odour Absent

pH 6.0-9.0BOD 50COD 250Oil & Grease 10

Sulphides 2Total Kieldhal Nitrogen 100Dissolved phosphate (as P) 5

Suspended solids 100Dissolved solids (inorganic) 2100Ammonic 1 nitrogen (as N) 50

Free ammonia (as NH3) 5- Disposal on land for irrigation

Colour & Odour Absent

PH 6.0-8.0

BOD 100COD 250Oil & Grease 10

Suspended solids 200Dissolved solids (inorganic) 2100

Depending upon the requirement of local situation; such as protected area, the State Pollution Control Board, and other implementing agencies under the

Environment (Protection) Act, 1986, may prescribe a limit of 150 milligram per cubic meter, irrespective of operating capacity of the plant.

© PMI, NTPC 148

MINISTRY OF ENVIRONMENT AND FORESTS(Department of Environment, Forests and Wildlife)

NOTIFICATIONNew Delhi, the 26th December, 1989

G.S.R. 1063(E): - In exercise of the powers conferred by section 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986). Central Government hereby makes the

following rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Third Amendment

Rules, 1989.

(2) They shall come into force on the date of their publication in the official gazette.

2. In the Environment (Protection) Rules, 1986, after Schedule II, the following Schedule shall be inserted, namely:-

SCHEDULE III(See rule 3)

AMBIENT AIR QUALITY STANDARDS IN RESPECT OF NOISE

AreaCode

Category of Area Limits in dB (A) Low

Day Time Night Time

(A) Industrial Area 75 70

(B) Commercial Area 65 55

(C) Residential Aarea 55 45

(D) Silence Zone 50 40

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Note- 1 Day time is reckoned between 6 a.m., and 9 p.m.

Note-2 Night Time is reckoned in between 9 p.m., and 6 a.m.

Note-3 Silence zone is defined as areas up to 100 metres around such premises as hospitals, educational institutions and courts. The Silence zones are to be declared by the Competent Authority.

Use of vehicular horns, loudspeakers and bursting of crackers shall be banned in these zones.

Note- 4 Mixed categories of areas should be declared as one of the four above mentioned categories by the Competent Authority and the corresponding shall apply”

© PMI, NTPC 150

MINISTRY OF ENVIRONMENT AND FORESTS(Department of Environment, Forests and Wildlife)

NOTIFICATIONNew Delhi, the 30th Aug, 1990

G.S.R. 742 (E) :- In exercise of the powers conferred by Section 25 of theEnvironment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Environment (Protection) Rules, 1986, namely:-

1. (1) These rules may be called the Environment (Protection) Third AmendmentRules, 1990.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In Schedule I to the Environment (Protection) Rules, 1986, after serial number 31 and the entries relating there to the following serial numbers and entries shall be

inserted, namely:-

S.No.

Industry Parameters Standards(mg/Nm3)

1 2 3 4

32. FOUNDARIES: EMISSIONS

(a) Cupola Capacity (Melting rate): Less than 3 MT/hr Particulate matter 450

3 MT/hr and above -do- 150

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Note:- It is essential that stack is constructed over the cupola beyond the charging

door and the emissions are directed through the stack which should be at least six times the diameter of cupola.

(b) Arc Furnaces Capacity : All Sizes Particulate matter 150

(c) Induction Furnaces Capacity : All Sizes -do- 150

Note:- In respect of Arc Furnaces and Induction Furnaces provision has to be made for collecting the fumes before discharging the emissions through the stack.33. THERMAL POWER

PLANTS

STACK HEIGHT/LIMITS

Power generation Capacity:

- 500 MW and above 275- 200 MW/210 MW and above to less than 500 MW

220

- Less than 200 MW/210 MW

H-14(Q) 0.3 where Qis emission rate of SO2

in kg/h. and Hi Stack height in meters.

Steam generating

Capacity:- Less than 2 ton/hr 2 1/2 times the

neighbouring building height or 9 meters

(whichever is more)

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1 2 3 4

- More than 2 ton/hr

to 5 ton/hr

12

- More than 5 ton/hr to 10 ton/hr

15

- More than 10 ton/hr 18- More than 15 ton/hr

to 20 ton/hr

15

- More than 20 ton/hr to 25 ton/hr

24

- More than 25 ton/hr to 30 ton/hr

27

- More than 30 ton/hr 30 or using formula

H = 14(Q)0.3

whichever is more where Q is emission rate of SO2 in kg/hr

and H-Stack height in meters.

34. SMALL BOILERS EMISSIONS*

Capacity of Boiler Particulate Matter- Less than 2 ton/hr 1600- 2 to 15 ton/hr 1200- More than 15 ton/hr 150

* All emissions normalized to 12 percent carbon dioxide.35. OIL REFINERIES EMISSIONS*

(Sulphur dioxide) - Distillation (Atmospheric plus

Vacuum)

0.25 kg/MT of feed*

- Catalytic Cracker 2.5 kg/MT of feed- Sulphur Recovery Unit 120 kg/MT of Sulphur

in the feed.

* Feed indicates the feed for that part of the process under consideration only.

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1 2 3 4

36. ALUMINIUM PLANTS: EMISSIONS(a) Alumina Plant:

(i) Raw Material Handling

Primary and Secondary Crusher. Particulate Matter

150

(ii) Precipitation Area Calcination

Particulate MatterCarbon Monoxide

Stack Height

2501% max.

H = 14(Q)0.3

Where Q is emission rate of SO2 in kg/hr

and H-Stack height in meters.

(b) Smelter Plant: Particulate Matter

(i) Green Anode Shop -do- 150(ii) Anode Bake Oven -do- 150

Total Fluoride (F) 0.3 Kg/MT of Aluminium

(iii) Potroom Particulate Matter 150Total Fluoride (F)VSS 4.7 kg/MT of

Aluminum produced.HSS 6.0 Kg/MT of

Aluminum produced.PBSW 2.5 Kg/MT of

Aluminum produced.PBCW 1.0 Kg/MT of

Aluminum produced.

Stack height: H=14(Q)0.3 where Q isEmission rate of SO2

in kg/hr and H-Stackheight in meters.

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SCHEDULE – (Contd.)

NOTE:VSS = VERTICAL STUD SODERBERG HSS = HORIZONTAL STUD SODERBERG

PBSW = PERBACKED SIDE WORKEDPBCW = PREBACKED CENTRE WORKED

37. STONE CRUSHING UNIT

Suspended Particulate Matter (SPM)

The standards consist of two parts:(i) Implementation

of the following pollution Control Measures:

(a) Dustcontainmentcum

suppressionsystem for the equipment

(b) Construction of

wind breakingwalls.

© Construction of

the metalled roads within the premises

(d) Regularcleaning and wetting of the ground within

the premises(e) Growing of a

green belt along

the periphery

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(ii) Quantitative

standard for the SPM:

The suspended particulate matter

contribution value at a distance of 40meters from a controlled isolated as

well as from a unit located in a cluster should be less than

600 mg/Nm3. The measurements are to be conducted at least

twice a mo nth for all the12 months in a year

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Sl.No.

Industry Parameter Standards(concentration in mg/1 except for pH temperature specific pesticides and Bioassay test)

1 2 3 4

38. PETROCHEMICALS: EFFLUENTS(Basic & intermediate) PH 6.5 – 8.5* BOD (5 days at 20 0C) 50

** Phenol 5Sulphide (as S) 2COD 250Cyanide (as CN) 0.2

*** Fluoride (as F) 15Total Suspended solids 1000Hexavalent 0.1

Chromium (as CR)**** Total Chromium (as CR) 2.0

* State Boards may prescribe the BOD value of 30mg/1 if the recipient system

so demands.** The limit for phenol shall be conformed to at the outlet of effluent treatment of

phenol plant. However, at the final disposal point, the limit shall be less than 1 mg/1.

*** The limit for fluoride shall be conformed to at the outlet of fluoride removal

unit. However, at the disposal point fluoride concentration shall be lower than 5 mg/1.

**** The limits for total and hexavalent chromium shall be conformed to at the

outlet of the chromate removal unit. This implies that in the final treated effluent, total and hexavalent chromium shall be lower than prescribed herein.

© PMI, NTPC 157

39. PHARMACEUTICAL

MANUFACTURINGAND FORMULATION INDUSTRY.

EFFLUENTS

1. PH 5.5-9.0

2. Oil & Grease 103. Total Suspended

Solids100

4. BOD (5 days at 20 0C) 30

5. Bio-assay test 90% Survival of fish after 96 hrs in 100% effluent.

6. Mercury 0.017. Arsenic 0.208. Chromium

(Hexavalent)

0.10

9. Lead 0.1010.

Cyanide 0.10

11.

Phenolics(as C6 H5 OH)

1.00

12

.

Sulphides (as S) 2.00

13.

Phosphate (as P) 5.00

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1 2 3 4

Note:-

1. Parameters listed as 1 to 13 are compulsory for Formulators. However, the remaining parameters (6 to 13) will be optional for others.

2. State Board may prescribed limit for chemical oxygen demand (COD)correlated with BOD limit.

3. State board may prescribe limit for total dissolved solids depending upon

uses of recipient water body.4. Limits should be complied with at the terminal of the treatment unit before

letting out of the factory boundary limits.

5. For the compliance of limits, analysis should be done in the compositesample collected every hour for a period of 8 hours.

40. PESTICIDEMANUFACTURING

AND FORMULATIONINDUSTRY

EFFLUENTS

1. Temperature Shall not exceed 50C

above the Receivingwater temperature.

2. PH 6.5 – 8.53. Oil & Grease 10

4. BOD (5 days at 20 0C) 305. Total suspended

solids100

6. Bio-assay test 90% survival of fishafter 96 hours in100% effluent.

7. (a) SpecificPesticides:

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Benzenl

hexachloride

10

Carboryl 10DDT 10Endosulfan 10

Diamethoate 450Fenitrothion 10Malathion 10Phorate 10

Methyl Parathion 10Phenthoate 10Pyrethrums 10

CopperOxychloride

9600

Copper Sulphate 50

Ziram 1000Sulphur 20Paraquat 2300Proponil 7300

Nitrogen 780(b) Heavy Metals:

Copper 1.00

Manganese 1.00Zinc 1.00Mercury 0.01

Tin 0.10Any other metallike Nickel etc.

Shall not exceed 5times the drinkingwater standards of

BIS.

© PMI, NTPC 160

1 2 3 4

(c) Organics:Phenol andphenolic

compounds as C6 H5 OH

1.0

(d) Inorganics:Arsenics (as As) 0.2

Cyanide (as CN) 0.2Nitrate (as NO3) 50.0

Phosphate ( asP)

5.0

NOTE:-1. Limit should be complied with at the end of the treatment plant before any

dilution.2. Bio-assay test should be carried out with available species of fish in receiving

water.3. State Boards may prescribe limits of total dissolved solids (TDS) sulphates

and chlorides depending on the uses of recipient water body.

4. State Board may prescribe COD limit correlated with BOD limit5. Pesticides are known to have metabolites and isomers. If they are found in

significant concentration standards may be prescribed for those in the list by Central or State Board.

6. Industries are required to analyse pesticides in waste water by advanced analytical method such as GLC/HPLC.

7. All the parameters will be compulsory for formulators for others, the 7th will be

optional.

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1 2 3 4

40. TANNERY

(After primary treatment)

EFFLUENTS

Disposal : Channel/ Conduit carrying waste

waters to Secondary treatment plantsType of TanneriesChrome tanneries/

combined

PH 6.5 – 9.0

Chrome & vegetable tanneries

SS Not to exceed 600

Chromium concentration after Treatment in the chrome waste Water stream

45

Vegetable Tanneries PH 6.5 – 9.0SS Not to exceed 600

NOTE: - The above standards will apply to those tannery units which have made full

contribution to a Common effluent Treatment Plant (CETP) comprising secondary treatment. Those who have not contributed will be governed by earlier Notification No. S.O. 42. dated January. 18.1988.

42. PAINT INDUSTRY EFFLUENTS(Waste Water discharge)

PH 6.0 – 8.5

Suspended Solids 100BOD5 200C 50Phenolics as C6 H5 OH 1.0

Oil & Grease 10.0Bio-essay test 90% survival in

96 hours

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1 2 3 4Lead as Pb 0.1

Chormium as Cr Hexavalent 0.1Total 2.0

Copper as Cu 2.0Nickel as Ni 2.0Zinc as Zn 5.0Total heavy metals 7.0

43. INORGANICCHEMICALINDUSTRY

EFFLUENTS

(Waste Water discharge)Part I, *(Metal Compounds of Chromium,Manganese, Nickel, Copper, Zinc, Cadmium, Lead &Mercury)

PH 6.0 – 8.5

Chormium as Cr

Hexavalent 0.1Total 2.0Manganese as Mn 2.0Nickel as Ni 2.0

Copper as Cu 2.0Zinc as Zn 5.0Cadmium as Cd 0.2

Lead as Pb 0.1Mercury as HG 0.01Cynide as CN 0.2

Oil & Grease 10.0Suspended Solids 30.0

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1 2 3 4

In addition to the above, total heavy metals are to be limited to 7mg/1.44. BULLION REFINING EFFLUENTS(Waste Water discharge) PH 6.5 – 8.5

Cyanide as CN 0.2Sulphide as S 0.2

Nitrate as N 10.0Free Cl2 as Cl 1.0Zinc as Zn 5.0

Copper as Cu 2.0Nickel as Ni 2.0Arsenic as As 0.1Cadmium as Cd 0.2

Oil and Grease 10.0Suspended Solids 100

45. DYE AND DYE INTERMEDIATEINDUSTRY

EFFLUENTS

(Waste Water discharge)PH 6.0 – 8.5

Colour, Hazen Unit 400.0Suspended Solids 100.0BOD5 200C 100.0Oil and Grease 10.0

Phenolics as C6 H5 OH 1.0Cadmium as Cd 0.2Copper as Cu 2.0

Manganese ad Mn 2.0Lead as Pb 0.1Mercury as Hg 0.01

Nickel as Ni 2.0Zinc as Zn 5.0Chromium as Cr Hexavalent 0.1Total 2.0Bio-assay test 90 percent survival

in 96 hours

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SCHEDULE

Sl.No.

Category StandardsdB (A)

1 2 3

46. NOISE LIMITS FOR AUTOMOBILES (FREE FIELD AT ONE METER IN DB (A) AT THE MANUFACTURING STAGE) TO BE ACHIEVED BY THE YEAR 1992.

(a) Motorcycle, Scooters & Three Wheelers 80(b) Passenger Cars 82(c) Passenger or Commercial Vehicles upto 4 MT 85

(d) Passenger or Commercial Vehicles above 4 MT and upto 12 MT

89

(e) Passenger or Commercial Vehicles exceeding 12 MT 91

47. DOMESTIC APPLIANCES AND CONSTRUCTION EQUIPMENTS ATTHE MANUFACTURING STAGE TO BE ACHIEVED BY THE

YEAR, 1993.

(a) Window Air Conditioners of 1 ton to 1.5 ton 68(b) Air Coolers 60

(c) Refrigerators 46(d) Diesel generators for domestic purposes 85 – 90(e) Compactors (rollers), Front loaders, Concrete mixers,

Cranes (movable), Vibrators and Saws

75

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MINISTRY OF ENVIRONMENT & FORESTS(Department of Environment, Forests & Wildlife)

NOTIFICATION UNDER SECTION 3(1) AND SECTION 3(2)(v) OF THEENVIRONMENT (PROTECTION) ACT, 1986 AND RULE 5(3)(d) OF ENVIRONMENT

PROTECTION RULES., 1986, DECLARING COASTAL STRETCHES AS COASTAL REGULATION ZONE (CRZ) AND REGULATING ACTIVITIES IN THE CRZ.

New Delhi, the 19th February, 1991

S.O. 114(E)—Whereas a Notification under Sec-tion 3(1) and Section 3 (2) (v) of the

Environment (Protection) Act. 1986, inviting objections against the declaration of CoastalStretches as Coastal Regulation Zone (CRZ) and imposing restrictions on industries,operations and processes in the CRZ was published vide S.O. No. 944 (E) dated 15th

December. 1990.

And whereas all objections received have been duly considered by the CentralGovernment

Now, therefore, in exercise of the powers conferred by Clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and all other powers vesting in its behalf,

the Central Government hereby declares the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL as Coastal Regulation Zone and imposes with effect from the date of

this Notification, the following restrictions on the setting up and expansion of industries, operations or processes etc. in the said Coastal Regulation Zone (CRZ). For purposes of this Notification, the High Tide Line (HTL) will be defined as the line upto which the

highest high tide reaches at spring tides.

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Note-The distance from the High Tide Line (HTL) to which the proposed regulations will apply in the case of rivers, creeks and backwaters may be modified on a case by case

basis for reasons to be recorded while preparing the Coastal Zone Management Plans (referred to below): however, this distance shall not be les than 100 meter or the width of the creek, river or backwater whichever is less.

2. Prohibited Act ivities:

The following activities are declared as prohibited within the Coastal Regulation Zone, namely:

(i) Setting up of new industries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities;

(ii) Manufacture or handling or storage or disposal of hazardous substances as

specified in the Notifications of the Government of India in the Ministry ofEnvironment & Forests No. S.O. 594(E) dated 28th July, 1989. S.O. 966(E) dated 27th November, 1989 and GSR 1037(E) dated 5th December, 1989;

(iii) Setting up and expansion of fish processing units including warehousing(excluding hatchery and natural fish drying in permitted areas);

(iv) Setting up and expansion of units mechanisms for disposal of waste and effluents, except facilities required for discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act,

1974; and except for storm water drains;

(v) Discharge of untreated wastes and effluents from industries, cites or towns and

other human settlements. Schemes shall be implemented by the concerned authorities for phasing out the existing practices, if any, within a reasonable time period not exceeding three years from the date of this notification;

© PMI, NTPC 167

(vi) Dumping of city or town waste for the purposes of landfilling or otherwise; the existing practice, if any, shall be phased out within a reasonable time not

exceeding three years from the date of this Notification;

(vii) Dumping of ash or any wastes from thermal power stations;

(viii) Land reclamation, bunding or disturbing the natural course of sea water with similar obstructions, except those required for control of coastal erosion and maintenance or cleasing of waterways, channels and ports and for prevention of

sandbars and also except for tidal regulators, storm water drains and structures for prevention of salinity ingress and for, sweet water recharge;

(ix) Mining of lands, rocks and other substrata materials, except those rare minerals not available outside the CRZ areas;

(x) Harvesting or drawal of ground water and construction of mechanisms therefore

within 200 m of HTL; in the 200 m to 500 m zone it shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries;

(xi) Construction activities in ecologically sensitive areas as specified in Annexure-1of this Notification;

(xii) Any construction activity between the Low Tide Line and High Tide Line except facilities for carrying treated effluents; and waste water discharges into the sea, facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines

and facilities essential for activities permitted under this Notification; and

(xiii) Dressing or altering of sand dunes, hills, natural features including landscape

changes for beautification, recreational and other such purpose, except as permissible under this Notification.

© PMI, NTPC 168

3. Regulation of Permissible Activities:

All other activities, except those prohibited in para 2 above, will be regulated as under:

(1) Clearance shall be given for any activity within the Coastal Regulation Zone only

if it requires water front and foreshore facilities.

(2) The following activities will require environmental clearance from the Ministry of

Environment & Forests, Government of India, namely:

(i) Construction activities related to Defence requirements for which

foreshore facilities are essential (e.g. slipways, jetties etc.); except for classified operational component of defence projects for which a separate procedure shall be followed. (Residential buildings, office buildings,hospital complexes, workshops shall not come within the definition of

operational activities except in very special cases and hence shall not normally be permitted in the CRZ);

(ii) Operational constructions for ports and harbours and light housesrequiring water frontage: jetties, wharves, quays, slipways etc.(Residential buildings & office buildings shall not come within the

definition of operational requirements except in very special cases and hence shall not normally be permitted in the CRZ);

(iii) Thermal power plants (only foreshore facilities for transport of raw

materials facilities for intake of cooling water and out fall for discharge of treated waste water cooling water); and

(iv) All other activities with investment exceeding rupees five crores.

(3) (i) The coastal States and Union Territory Administrations shall prepare,

within a period of one year (from the date of this notification, Coastal Zone Management Plans identifying and classifying the CRZ areas within their respective territories in accordance with the guidelines given in

© PMI, NTPC 169

Annexures-I and II of the Notification and obtain approval (with or without modifications) of the Central Government in the Ministry of Environment &

Forests;

(ii) Within the framework of such approved plans, all development andactivities within the CRZ other than those covered in para 2 and

para 3 (2) above shall be regulated by the State Government. Union Territory Administration or the local authority as the case may be in accordance with the guidelines given in Annexures-I and II of the

Notification; and

(iii) In the interim period till the Coastal Zone Management Plans mentioned

in Para 3(3)(i) above are prepared and approved, all developments and activities within the CRZ shall not violate the provisions of thisNotification. State Governments and Union Territory Administrations shall ensure adherence to these regulations and violations, if any, shall be

subject to the provisions of the Environment (Protection) Act, 1986.

4. Procedure for monitoring and enforcement:

The Ministry of Environment & Forests and the Government of State or Union Territory

and such other authorities at the State or Union Territory levels, as may be designated for this purpose, shall be responsible for monitoring and enforcement of the provisions of this notification within their respective jurisdictions.

[N. K-15019I84 [IA]-III (Vol. II)]R. RAJAMANI. Secy.

© PMI, NTPC 170

ANNEXURE - I

COASTAL AREA CLASSIFICATION AND DEVELOPMENT REGULATIONS

Classification of Coastal Regulation Zone:

6 (1) For regulating development activities, the coastal stretches within 500

metres of High Tide Line of the Landward side are classified into four categories namely:

Category - I (CRZ-I):

(i) Areas that are ecologically sensitive and important, such as national parks, marine parks, sanctuaries, reserve forests, wildlife habitats,mangroves, corals/ coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty,

historical heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared by the Central Government or the

concerned authorities at the State Union Territory level from time to time.

(ii) Area between the Low Tide Line and the High Tide Line.

Category - II (CRZ-II):

The area that have already been developed upto or close to the shore-line. For this purpose, “developed area” is referred to as that area within the municipal limits or in other legally designated urban areas which is already substantially built up and which

has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.

© PMI, NTPC 171

Category - Ill (CRZ-III):

Areas that are relatively undisturbed and those. which do not belong to either Category-Ior II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which

are not substantially built up.

Category - IV (CRZ-IV):

Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands except

those designated as CRZ-l, CRZ-II or CRZ-III.

Norms for Regulation of Activities:

6(2) The development or construction activities in different categories of CRZ areas shall be regulated by the concerned authorities at the State/Union Territory level, inaccordance with the following norms:

CRZ-I

No new construction shall be permitted within 500 metres of the High Tide Line. No construction activity, except as listed under 2 (xii), will be permitted between the Low Tide Line and the High Tide Line.

CRZ-II

(i) Buildings shall be permitted neither on the seaward side of the existing road (or roads proposed in the approved Coastal Zone Management Plan of the area) nor on seaward side of existing authorized structures. Buildings permitted on the

landward side of the existing and proposed roads/ existing authorized structures shall be subject to the existing local Town end Country Planning Regulations including the existing norms of FSI/FAR.

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(ii) Reconstruction of the authorized buildings to be permitted subject with theexisting FSI/FAR norms and without change in the existing use.

(iii) The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.

CRZ-III

(i) ‘The area upto 200 metres trom the High Tide Line is to be earmarked as ‘No Development Zone’. No construction shall be permitted within this zone except for repairs of existing authorised structures not exceeding existing FSI, existing

plinth area and existing density. However, the following uses may be permissible in this zone - agriculture, horticulture, gardens, pastures, parks, playfields,forestry and salt manufacture from sea water.

(ii) Development of vacant plots between 200 and 500 metres of High Tide Line in designated areas of CRZ-III with prior approval of MEF permitted for construction of hotels / beach resorts for temporary occupation of tourists subject to the

conditions as stipulated in the guidelines at Annexure-II.

(iii) Construction/reconstruction of dwelling units between 200 and 500 metres of the

High Tide Line permitted so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans.Building permission for such construction/ reconstruction will be subject to the conditions that the total number of dwelling units shall not be more than twice the

number of existing units; total covered area on all floors shall not exceed 33 per cent of the plot size; the overall height of construction shall not exceed 9 metres and construction shall not be more than 2 floors (ground floor plus one floor).

(iv) Reconstruction/alterations of an existing authorised building permitted subject to (i) to (iii) above.

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CRZ-IV

Andaman & Nicobar Islands:

(i) No new construction of buildings shall be permitted within 200 metres of the HTL;

(ii) The buildings between 200 and 500 metres from the High Tide Line shall not have more than 2 floors (ground floor and 1st floor), the total covered area on all

floors shall not be more than 50 per cent of the plot size and the total height of construction shall not exceed 9 metres;

(iii) The design and construction of buildings shall be consistent with the surrounding

landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for

construction and other purposes;

(v) Dredging and underwater blasting in and around coral formations shall not be

permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into categories CRZ-I or II or III, with the prior approval of Ministry of Environment

and Forests and in such designated stretches, the appropriate regulations given for respective categories shall apply.

Lakshadweep and small Islands:

(i) For permitting construction of buildings, the distance from the High Tide Line shall be decided depending on the size of the islands. This shall be laid down for

each island, in consultation with the experts and with approval of the Ministry ofEnvironment & Forests, keeping in view the land use requirements for specific purposes vis-a-vis local conditions including hydrological aspects, erosion and

ecological sensitivity;

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(ii) The buildings within 500 metres from the HTL shall not have more than 2 floors

(ground floor and 1st floor), the total covered area on all floors shall not be more than 50 per cent of the plot size and the total height of construction shall notexceed 9 metres;

(iii) The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for construction and other purposes;

(v) Dredging and underwater blasting in and around coral formations shall not be permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into

categories CRZ-I or II or III, with the prior approval of Ministry of Environment & Forests and in such designated stretches, the appropriate regulations given for respective Categories shall apply.

Lakshadweep and small Islands:

(i) For permitting construction of buildings, the distance from the High Tide Line

shall be decided depending on the size of the islands. This shall be laid down for each island, in consultation with the experts and with approval of the Ministry of Environment & Forests, keeping in view the land use requirements for specific

purposes vis-a-vis local conditions including hydrological aspects, erosion and ecological sensitivity;

(ii) The buildings within 500 metres from the HTL shall not have more than 2 floors (ground floor and 1st floor), the total covered area on all floors shall not be more than 50 per cent of the plot size and the total height of construction shall notexceed 9 metres;

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(iii) The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style;

(iv) Corals and sand from the beaches and coastal waters shall not be used for construction and other purposes;

(v) Dredging and underwater blasting in and around coral formations shall not be

permitted; and

(vi) However, in some of the islands, coastal stretches may also be classified into

categories CRZ-I or II or III, with prior approval of Ministry of Environment & Forests. In such designated stretches, the appropriate regulations given for respective Categories shall apply.

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ANNEXURE-II

GUIDELINES FOR DEVELOPMENT OF BEACH RESORTS/HOTELS IN THEDESIGNATED AREAS OF CRZ-III FOR TEMPORARY OCCUPATION OF TOURISTVISITORS, WITH PRIOR APPROVAL OF THE MINISTRY OR ENVIRONMENT &FORESTS.

7(1) Construction of beach resorts/ hotels with prior approval of MEF in the designated area of CRZ-III for temporary occupation of tourists/ visitors shall be subject to the

following conditions:

(i) The project proponents shall not undertake any construction (including temporary constructions and fencing or such other barriers) within 200 metres (in the

landward side) from the High Tide Line and within the area between the Low Tideand High Tide Line;

(ii) The total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 per cent of the plot size i.e. the FSI shall not exceed 0.33. The open area shall be suitably landscaped with appropriate

vegetal cover;

(iii) The construction shall be consistent with the surrounding landscape and local architectural style;

(iv) The overall height of construction upto the highest ridge of the roof, shall not exceed 9 metres and the construction shall not be more than 2 floors (ground

floor plus one upper floor):

(v) Ground water shall not be tapped within 200 m of the HTL; within the 200 metre-

500 metre zone it can be tapped only with the concurrence of the Central / State Ground Water Board;

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(vi) Extraction of sand, levelling or digging of sandv stretches except for structural foundation of building, swimming pool shall not be permitted within 500 metres of

the High Tide Line.

(vii) The quality of treated effluents, solid wastes, emissions and noise levels etc. from the project area must conform to the standards laid down by the competent

Authorities including the Central/State Pollution Control Board and under the Environment (Protection) Act, 1986;

(viii) Necessary arrangements for the treatment of the effluents and solid wastes must be made. It must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent/solid Waste shall be

discharged on the beach;

(ix) To allow public access to the beach, at least a gap of 20 metres width shall be provided between any two hotels / beach resorts and in no case shall gaps be

less than 500 metres apart; and

(x) If the project involves diversion of forest land for non-forest purposes, clearance

as required under the Forest (Conservation), Act, 1980 shall be obtained. The requirements of other Central and State laws as applicable to the project shall be met with.

(xi) Approval of the State/Union Territory Tourism Department shall be obtained.

7 (2) In ecologically sensitive areas (such, as marine parks, mangroves, coral

reefs, breeding and spawning grounds of fish, wildlife habitats and such other areas as may be notified by the Central/State Government, Union Territories) construction of beach resorts/hotels shall not be permitted.

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NO. 69 OF 1980[27rth December, 1980]

An Act to provide for the conservation of forests and for matters connected there with or ancillary or incidental thereto.

BE it enacted by parliament in the Thirty-first Year of the Republic of India as follows:-

1. (1) This Act may be called the Forest (conservation) Act, 1980

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come in to force on the 25th day of October, 1980.

2. Notwithstanding anything contained in any other law for the time being in force in a state, no state Government or other authority shall make except with the prior approval of the central government, any order directing-

(i) That any reserved forest (with in the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion there of, shall cease to be reserved;

(ii) That any forest land or any portion there of may be used for any non-forest purpose.

Explanation – For the purposes of this section “non-forest purposes meanbreaking up or clearing of any forest land or portion thereto for any purpose other

than reafforestation.

Short title, extent and commenc-ement.

Restrictionon the dereservation of forests or use of forest land for non-forestpurpose.

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3. The Central Government may constituted a Committee consisting of suchnumber of persons as it may deem fit to advise that Government with regard to –

(i) The grant of approval under section 2; and

(ii) Any other matter connected with the conservation of forests which may

be referred to it by the central Government.

4. (1) The Central Government may, by notification in the official Gazette, make

rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is

made, before each Houses of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessionimmediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that the rules should not be made, the rules shall there after have effect only in such modified form or be of no effect, as the case may be;

so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

5. (1) The forest (conservation) ordinance, 1980 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said ordinance shall be deemed to have been done or

taken under the corresponding provisions of this Act.

Constitutionof Advisory Committee.

Power to make rules.

Repeal and saving.

17 of 1980

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ANNEXURE-II

PUBLISHED IN PART-II SECTION 3 SUB-SECTION (1) OF THE GAZETTE OF INDIA

NO. 8-6/ 80-FRY (COORD)Government of India

Ministry of Agriculture(Department of Agriculture & Cooperation)

New Delhi, the 1st Aug. 1981.

NOTIFICATION

G.S.R. 810…In exercise of the powers conferred by sub-section (1) of section 4 of the Forest (Conservation) Act, 1980 (69 of 1980), the central government hereby makes the

following rules, namely: -

1. Short title, extent and commencement:

(1) These rules may be called the Forest (Conservation) Rules, 1981.

(2) They shall extend to the whole of India except the state of Jammu and

Kashmir.

(3) They shall come in to force on the date of their publication in the officialGazette.

2. Definitions:

In these rules unless the context otherwise declares:-

(1) “Act” means the forest (Conservation) Act, 1980 (69 0f 1980);

(2) “Committee” means the committee constituted under section 3;

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(3) “Chairman” means the chairman of the committee;

(4) ‘Member” means a member of the committee;

(5) “Section’ means a section of the Act.

3. Conduct of business of the committee;

(1) The chairman shall call the meetings of the committee as often as

necessary.

(2) The meetings of the committee shall, unless the chairman in any case otherwise directs, be held in Delhi.

(3) The chairman shall preside over every meeting of the committee at which he is present:

Provided that if the chairman is absent from a meeting and it is not expedient to adjourn the meeting, senior most member of the committee

shall preside over the meeting.

(4) Every question upon which the committee is required to advise shall beconsidered either at its meetings or, if the chairman so directs, by sending

necessary papers to members for their opinion.

4. Procedure to make proposal by a state Government orother authority:-

(1) Every state government or other authority which seeks prior approval of the central government under section 2 shall send its proposal to that

government along with the particulars specified in the Annexure to these rules.

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(2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely, “Secretary to the Government of India, Department of

Agriculture and Co-operation, Krishi Bhavan, New Delhi.

5. Committee to advise on proposals received by the central Government:-

(1) The Central Government may refer any proposal received by it under sub-rule (1) of rule 4 to the committee for its advice there on.

(2) The committee shall have due regard to all or any of the following matters while tendering its advice on the proposals referred to it under sub-rule(1), namely:-

(a) Whether the forest land proposed to be used for non-forestpurpose forms part of a nature reserve, national park, wildlife

sanctuary, biosphere reserve or forms part of the habitat of any endangered or threatened species of flora and fauna or of an area lying in severely eroded land.

(b) Whether the use of any forest land is for agriculture purpose or for the rehabilitation of persons displaced from their residences by reason of any river, valley or hydro-electric project;

(c) Whether the state Government or the other authority has certified that it has considered all other alternatives and that no other

alternatives in the circumstances as are feasible and that the required area is the minimum needed for the purpose; and

(d) Whether the State Government or the other authority undertakes

to provide at its cost for the acquisition of land of an equivalent area and afforestation thereof.

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(3) While tendering the advice, the committee may also suggest anyconditions or restrictions on the use of any forest land for any non-forest

purpose which, in its opinion, would minimize adverse environmental impact.

6. Action of the central Government on the advice of thecommittee:-

The central Government shall, after considering the advice of the committeetender under rule 5 and after such further enquiry as it may consider necessary,

grant approval to the proposal with or without conditions or reject the same.

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No. 69 OF 1988

[17rth December, 1988]

An Act to amend the forest (Conservation) Act, 1980.

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows;-

1. (1) This Act may be called the Forest (Conservation) Amendment Act, 1988.

(2) It shall come into force on such date as the Central Government may, by

notification in the official Gazette, appoint.

2. In section 2 of the Forest (Conservation) Act, 1980 (hereinafter referred to as the

principal Act):-

(a) after clause (ii), the following clauses shall be inserted, namely;-

“(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, or controlled by

Government.

(iv) that any forest land or any portion thereof may be cleared of trees

which have grown naturally in that land or portion, for the purpose of using it for reafforestation.”;

(b) for the Explanation, the following Explanation shall be substituted,

namely:-

Short title,extent and commenc-ement.

Amendmentof section2

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Explanation – For the purposes of this section “non-forest purpose”means the breaking up or clearing of any forest land or portion thereof for

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearingplants, horticultural crops or medicinal plants;

(b) any purpose other than reforestation;

but does not include any work relating or ancillary to conservation,

development and management of forests and wild life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench

marks, boundary marks pipelines or other like purposes.

3. After section 3 of the principal Act, the following section shall be inserted,

namely: -

“3A. whoever contravenes or abets the contravention of any of the provisions of section 2, shall be punishable with simple imprisonment for a period which may

extend to fifteen days.

3B. (1) Where any offence under this Act has been committed-

(a) by any department of Government, the head of the department; or

(b) by any authority, every person who, at the time the offence wascommitted, was directly in charge of, and was responsible to, theauthority for the conduct of the business of the authority as well as the

authority;

shall be deemed to be guilty of the offence and shall be liable to be proceeded

against and punished accordingly;

Insertion of newsections 3A

Penalty for contravention of the provisionsof the Act.

Offences by authoritiesandGovernmentdepartments.

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Provided that noting contained in this sub-section shall render the head of the department or any person referred to in clause (b), liable to any punishment if he

proves that the offence was committed without his knowledge or that heexercised all due diligence to prevent the commission of such offence