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 date 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);
(aa)
"areas" means all areas where the hazardous substances
are handled;
(b)
"Central Board" means the Central Pollution Control
Board constituted 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;
(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 substance.
(ee)
"prohibited substance" means the substance prohibited
for handling;
(f)
"recipient system" means the part of the environment
such as soil, water, air or other which
receives the pollutants;
(ff)
"restricted substance" means the substance restricted
for handling;
(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 Pollution Control Board
constituted under section 4 of the Water
(Prevention and Control of Pollution) Act, 1974
(6 of 1974) or a State Pollution Control Board
constituted under section 5 of the Air (Prevention
and Control of Pollution) Act, 1981 (14 of 1981);
3.
Standards for emissions or discharge of environmental pollutants
(1)
For the purpose 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 or
processes shall be as specified in 3[Schedule I to IV].
(2)
Notwithstanding anything contained in sub-rule (1),the Central
Board or a State Board may specify
more stringent standards from those provided in
4[ Schedule I to IV] in respect of any specific
industry, operation or process depending upon
the quality of the recipient system and after
recording reasons therefore in writing.
(3)
The standards for emission or discharge of environmental pollutants
specified under sub-rule (1) or
sub-rule (2) shall be complied with by an industry,
operation or process within a period of one year
of being so specified.
(3A)
(i) Notwithstanding anything contained in sub-rules
(1) and (2), on and from the 1st day of
January, 1994, emission or discharge of environmental
pollutants from the 7[industries, operations
or processes other than those industries, operations
or processes for which standards have been
specified in Schedule-I] shall not exceed the
relevant parameters and standards specified in
schedule VI.
Provided that the State Boards may specify more stringent standards
for the relevant parameters
with respect to specific industry or locations
after recording reasons therefore in writing;
(ii) The State Board shall while enforcing the standards
specified in Schedule VI follow the
guidelines specified in Annexure I and II in that
Schedule].
(4)
Notwithstanding anything contained in sub-rule (3)-
(a) the Central Board or a State Board, depending on the local
conditions or nature of discharge of
environmental pollutants, may, by order, specify
a lesser period than a period specified under
sub-rule (3) within which the compliance of standards
shall be made by an industry, operation or
process
(b) the Central Government in respect of any specific industry,
operation or process, by order,
may specify any period other than a period specified
under sub-rule (3) within which the compliance
of standards shall be made by such industry, operation
or process.
(5)
Notwithstanding anything contained in sub-rule (3) the standards
for emission or discharge of
environmental pollutants specified under sub-rule
(I) or sub-rule (2) in respect of an industry,
operation or process before the commencement of
the Environment (Protection) Amendment Rules,
1991, shall be complied by such industry, operation
or process by the 31st day of December 1991.
(6)
Notwithstanding anything contained in sub-rule (3), an industry,
operation or process which has
commenced production on or before 16th May, 1981
and has shown adequate proof of at least
commencement of physical work for establishment
of facilities to meet the specified standards
within a time-bound programme, to the satisfaction
of the concerned State Pollution Control Board,
shall comply with such standards latest by the
31st day of December, 1993.
(7)
Notwithstanding anything contained in sub-rule (3) or sub-rule
(6) an industry, operation or
process which has commenced production after the
16th day of May, 1981 but before the 31st day
of December 1991 and has shown adequate proof
of at least commencement of physical work for
establishment of facilities to meet the specified
standards within a time-bound programme, to the
satisfaction of the concerned State Pollution
Control Board, shall comply with such standards
latest by the 31st day of December, 1992.]
4.
Directions
(1) Any direction issued under section S 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)
(a)
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.
(b) Where the proposed direction is for the stoppage or
regulation of electricity or water or any
other service affecting the carrying on any industry,
operation or process and is sought to be issued
to an officer or an authority, a copy of the proposed
direction shall also be endorsed to the occupier
of the industry, operation or process, as the case
may be and objections, if any, filed by the
occupier with an officer designated in this behalf
shall be dealt with in accordance with the
procedures under sub-rules (3a) and (4) of this
rule:
Provided that no opportunity of being heard shall be given
to the occupier if he had already been
heard earlier and the proposed direction referred
to in sub-rule
(3b) above for the stoppage or regulation of electricity or water
or any other service was the resultant
decision of the Central Government after such earlier
hearing.
(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 elicte
objections whichever is earlier, after considering
the objections, if any, received from the person,
officer or authority sought to be directed and for
reasons to be recorded in writing, confirm, modify
or decide not to issue the proposed direction.
(5)
In 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 to be duly served
(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) given or tendered to him;
(c) in any other case, if the document is addressed to the person
to be served 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 purpose 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.
5.
Prohibitions and restrictions on the location of industries and
the carrying on processes and
operations
in different areas
(1)
The Central government may take into consideration the following
factors while prohibiting or
restricting 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) [or
an area.
(iii) The likely emission or discharge of environmental pollutants
from an industry, 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
and Archaeological 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 in pursuance of any decision made in
any
international conference
association or other body.
(ix) Proximity to human settlements.
(x) Any other factor as may be considered by the Central
Government to De 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 the Central Government that it is
expedient to impose prohibition or
restrictions on the locations 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 notification pertains and also specify the
reasons for the imposition of prohibition
or restrictions on the locations of the industries and
carrying on of process or operations in
that area.
(c) Any person interested in filing 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
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.
6.
Procedure of 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 two 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 in containers or small volumes
and is likely to deteriorate or be otherwise damaged if exposed,
the Central Government or the officer
empowered shall take two 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 portion shall be handed over to the person from whom the
sample is taken under
acknowledgement; and
(ii)
the other portion shall be sent forthwith to the environmental
laboratory or analysis.
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 I 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.
(2)
Another copy of Form II together with specimen impression of
seals of the officer empowered 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 sealed 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 record and the third copy
shall be kept by him to be produced in the Court
before which proceedings, if any, are instituted.
9.
Functions of environmental laboratories
The
following shall be the functions of environmental laboratories:-
(i)
to evolve standardised methods for sampling and analysis of
various types of environmental
pollutants;
(ii)
to analyse samples sent by the Central Government or the officers
empowered under sub-section (1)
of section 11.
(iii)
to carry out such investigations as may be directed by the Central
Government 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;
(v)
to carry out such other functions as may be entrusted to it
by the Central Government from time to
time.
10.
Qualification 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 laboratory engaged in
environmental investigation, 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 recognized university
with two years experience in a
laboratory engaged in environmental investigations,
testing or analysis.
11.
Manner of giving notice
The manner of giving notice under clause (b) of section 19 shall be
as follows, namely:-
(l)
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 Union territory
(A) the Central Board and
(B) Ministry of Environment and Forests (represented by Secretary
to Govt. of India);
(b) if the alleged offence has taken place in a State:
(A) the State Board; and
(B) the Government of the State (represented by the Secretary
to the State Government
in charge of environment);
and
(C) the Ministry of Environment and Forests (represented by
the Secretary to the
Government of India);
(3)
The notice shall be sent by registered post acknowledgement
due; 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 first
received by one of the authorities mentioned above.
12.
Furnishing of information to authorities and agencies in certain
cases
Where
the discharge of 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 in charge of the
place at which such discharge occurs or is apprehended to
occur shall forth with intimate the fact of such
occurrence or apprehension of such occurrence to all the following
authorities or agencies, namely:-
(i)
The officer-in-charge of emergency or disaster relief operation
in a district or other region of a state
or Union territory specified by whatever designation
by the Government of the said State or Union
territory, and in whose jurisdiction the industry,
process or operation is located.
(ii)
Central Board or a State Board as the case may be and its regional
officer having local jurisdiction
who have been delegated powers under section 20,
21, 23 of the Water (Prevention and Control of
Pollution) Act 1974 (6 of l974)- and section 24
of the Air (Prevention and Control of Pollution) Act,
1981 (14 of 1'981)
(iii)
The statutory authorities or agencies specified in column 3 in
relation to places mentioned in
column 2 against thereof of the Schedule II.]
13.
Prohibition and restriction on the handling of hazardous substances
in different areas
(1) The Central Government may take into consideration the following
factors while prohibiting or
restricting the handling of hazardous substances
in different area is-
(i) The hazardous nature of the substance (either in qualitative
or quantitative terms as far as may
be) in terms of its damage causing potential to
the environment, human beings, other living
creatures, plants and property;
(ii) the substances that may be or likely to be readily
available as substitutes for the substances
proposed to be prohibited or restricted;
(iii) the indigenous availability of the substitute,
or the state of technology available in the country
for developing a safe substitute;
(iv) the gestation period that may be necessary for gradual
introduction of a new substitute with a
view to bringing about a total prohibition of
the hazardous substance in question; and
(v) any other factor as may be considered by the Central
Government to be relevant to the
protection of environment.
(2) While prohibiting or restricting the handling of hazardous
substances in an area including their
imports and exports the Central Government shall
follow the procedure hereinafter laid down-
(i) Whenever it appears to the Central Government that
it is expedient to impose prohibition or
restriction on the handling of hazardous substances
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.
(ii) Every notification under clause (i) shall give
a brief description of the hazardous substances
and the geographical region or the area to
which such notification pertains, and also specify the
reasons for the imposition of prohibition or restriction
on the handling of such hazardous
substances in that region or area.
(iii) Any person interested in filing an objection against
the imposition of prohibition or restrictions
on the handling of hazardous substances as notified
under clause (i) may do so in writing to the
Central Government within sixty days from the
dale of publication of the notification in the
Official Gazette.
(iv) The Central Government shall within a period of
ninety 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 the
handling of hazardous substances in a region or an
area.]
14.
Submission of environmental audit report
Every
person carrying on an industry, operation or process requiring consent
under Section 25 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974)
or under section 21 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981) or both or authorisation
under the Hazardous Wastes
(Management and Handling) Rules, 1989 issued under the Environment
(Protection) Act, 1986
(29 of 1986) shall submit an environmental audit report for
the financial year ending the 31st March in
Form V to the concerned State Pollution Control Board on or
before the 15th day of May every year,
beginning 1993.]
Water
Act 