| No.PCB/T4/115/97
13th March 1997
In
accordance with the resolution adopted by the 109th meeting
of the Kerala State Pollution
Control Board held on 28th January 1997, the following Statutory
powers under the Water (Prevention
and Control of Pollution) Act, the Air (Prevention & Control of
Pollution) Act and Amendment thereon are
entrusted by empowerment/ delegation to the Chairman, Member Secretary
and Officers of the Kerala
State Pollution Control Board with effect from 28th January
1997.
1. Power
to obtain information:
Empowerment
u/s 20 (1) of Water Act and 25 of Air Act; Delegation u/s 20 (2) &
(3) read with 12 (3B)
of Water Act.
Chief
Environmental Engineer
Senior Environmental Engineer
Environmental Engineer
Assistant Environmental Engineer
Assistant Engineer.
2. Power
of Entry and Inspection:
Empowerment
under section 23 of Water Act and 24 of Air Act.
Chief
Environmental Engineer
Senior
Environmental Engineer
Environmental
Engineer
Assistant
Environmental Engineer
Assistant
Engineer
3.
Power to take samples of effluents and emissions:
Empowerment
u/s 21of Water Act and 26 (1) of Air Act.
Chief
Environmental Engineer
Chief
Environmental Scientist,
Senior
Environmental Engineer
Senior
Environmental Scientist
Environmental Engineer
Environmental Scientist
Assistant Environmental Engineer
Assistant Environmental Scientist
Assistant Engineer
Assistant Scientist
4. Power
to conduct enquiry on consent/NOC application:
Empowerment
under rule 30 under section 25 (3) of Water Act ; u/r 25 u/s 21 (3)
of Air Act;
u/r 22; u/s 17 (1) of Air Act.
Chief
Environmental Engineer
Senior
Environmental Engineer
Environmental
Engineer
Assistant
Environmental Engineer
5. Power
to issue, refuse, withdraw or make variations in consent:
Delegation
u/se 25,26 and 27 read with 12 (3B) of Water Act and 21read with 15
of Air Act.
i)
Small scale industries and equivalent establishments:
First
issue/refusal
: Member Secretary
Renewal/withdrawal/variation :
Head of Regional/District Office.
ii)
Large and medium scale industries with
total capital investment upto Rs. 25 crore and
equivalent
establishments:
First
issue/refusal and
withdrawal/variation
: Chairman
Renewal :
Member Secretary
iii) Large
scale industries with
total capital investment above Rs. 25 crore and
equivalent establishments:
First
issue/refusal and
withdrawal/variation and renewal
: Chairman
6. Power
to carry out/cause to carry out certain works:
Delegation
u/s 30 read with 11A and 12(2) of Water Act.
i) Chairman
ii) Member
Secretary
iii) Chief
Environmental Engineer
7. Power
to take emergency measures:
Delegation
u/s 32 read with 11 A, 12 (2) and 12 (3B) of Water Act and 23 read
with 15 of Air Act.
i) Chairman
ii) Member
Secretary
iii) Chief
Environmental Engineer
iv) Senior
Environmental Engineer
v) Head
of Regional/District Office
8. Power
to give sanction to make application to Court for restrainment of pollution:
Delegation
u/s 33 read with 11 A, 12 (2) and 12 (3B) of Water Act and 22 A read
with 15 of Air Act.
i) Chairman
ii) Member
Secretary
iii) Chief
Environmental Engineer
iv) Senior
Environmental Engineer
v) Head
of Regional/District Office
9. Power
to give directions:
Delegation
u/s 33 A read with 11 A, 12 (2) and 12 (3B) of Water Act and 31
A read with 15 of Air Act.
i) Chairman
ii) Member
Secretary
iii) Chief
Environmental Engineer
iv) Senior
Environmental Engineer
v) Head
of Regional/District Office
10.
Power to give sanction to make application to Court:
Delegation
u/s 49 read with 11 A, 12 (2) and 12 (3B) of Water Act and 43 read
with 15 of Air Act.
i) Chairman
ii) Member
Secretary
iii) Chief
Environmental Engineer
iv) Senior
Environmental Engineer
v) Head
of Regional/District Office
11.
Power to issue on deny No Objection Certificate
for setting up of new industry
or expansion of existing industry:
Delegation
under rule 22 of Air Rules read with section 15 and 17 (1) (1) of Air
Act.
i)
Small scale industries and equivalent establishments:
First
issue/refusal and
withdrawal/variation
: Member Secretary
Renewal
:
Head of Regional/District Office.
ii) Large
and medium scale industries
with total capital investment upto Rs.25 crores and
equivalent
establishments:
First
issue/refusal and
withdrawal/variation :
Chairman
Renewal :
Member Secretary
iii) Large
scale industries
with total capital investment above Rs. 25 crores and equivalent
establishments:
First
issue/refusal and
withdrawal/variation and Renewal
: Chairman
GENERAL
i)
The notification is in super session of all previous notifications
decisions on the subject
ii) All
actions taken so far in exercise of the powers cited shall be deemed
to have been done in accordance
with this notification
and hence protected.
iii) All
actions taken by officers in exercise of delegated powers/empowerment
shall be subject to review and
revision if necessary,
by superior officers.
iv) All
powers devolved by delegation/empowerment are also exercisable by the
Member Secretary and
further by the Chairman,
notwithstanding the devolution to officers subordinate to them.
v) Equivalent
establishments include panchayats at Grama, Block and District levels,
Municipalities,
Corporations, Institutions,
etc. wherefrom discharge of effluent/emission takes place.
MEMBER
SECRETARY
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