| | SPEED POST. B-29012/Inspection-Policy/IPC-VI/2019-20/ GAZ) Gar} o_ December 12, 2019 To The Chairman AIL SPCBs/PCCs (as per the list) SUB: DIRECTIONS UNDER SECTION 18(1)(b) OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974 AND THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 REGARDING INSPECTION FREQUENCY FOR ENVIRONMENTAL SURVEILLANCE OF INDUSTRIES. WHEREAS, under Section 17 of the Water (Prevention & Control of Pollution) Act, 1974, and under Section 17 of the Air (Prevention & Control of Pollution) Act, 1981, one of the functions of State Pollution Control Boards (SPCBs)/Pollution Control Committees (PCs) is to plan a comprehensive programme for the prevention, control or abatement of pollution of streams, wells and air pollution in the States/ Union Territory and to secure the execution thereof, and; WHEREAS, under Section 16 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 16 of the Air (Prevention & Control of Pollution) Act, 1981, one of the functions of the Central Pollution Control Board (CPCB), constituted under Water (Prevention and Control of Pollution) Act, 1974 is to coordinate activities of the State Pollution Control Boards and Pollution Control Committees and to provide technical assistance and guidance to SPCBs / PCCs, and; WHEREAS, CPCB has categorized industrial sectors into red, orange, green and white category and accordingly directions were issued to all the SPCBs / PPCs on March 07, 2016 w/s 18(1)(b) of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution), Act, 1981 for adoption of revised criteria of categorization of industries, and; WHEREAS, Hon’ble NGT in the matter of OA No. 639 of 2018, Shailesh Singh Vs State of Haryana & Ors., sought a report from a joint Committee of the CPCB, Haryana State PCB, CGWA and District Administration with reference to the allegation of deterioration of ground water quality in major part of the State of Haryana on account of non-compliance of direction of the Hon’ble Supreme Court in the matter of Writ Petition (Civil) 375/2012, Paryavaran Suraksha Samiti & Anr. Vs Union of India & Ors, that no untreated effluents be discharged and requisite ETPs, STPs and CETPs be installed, and; Contd.WHEREAS, the report dated December 10, 2018 was filed by the joint Committee pointing out that the Inspection Policy of the State PCB provided for inspection of ‘highly polluting 17 categories’, ‘red’ and ‘orange? category industries in 3, 5 and 7 years respectively and auto renewal of consent to operate, The report also found large scale violation of environmental norms which had remained unchecked on account of such unsatisfactory policies, and; WHEREAS, Hon'ble NGT vide order dated March 08, 2019, in the matter of OA No. 639 of 2018, Shailesh Singh Vs State of Haryana & Ors., highlighted that policy followed by the State of Haryana was hit by the mandate of ‘Precautionary’ and ‘Sustainable Development” principles of environmental law. Since there was large scale violation of environmental norms by ‘highly polluting 17 categories’, ‘red’ and ‘orange’ category industries, meaningful environmental regulatory regime was imperative which require revision of the existing policy framework. Further, the Hon'ble NGT also stated that ‘auto renewal policy results in pollution remaining unchecked’, and; WHEREAS, Hon’ble NGT stated that there is need for further reduction of period of inspections and increase in frequency with regard to ‘highly polluting 17 categories’, ‘red category’ and ‘orange category’ industries. Vigilance is also required on ‘green category’ to verify that ‘green’ status is being genuinely used. The Hon'ble NGT directed that there is need for the CPCB to ensure revision of such policies in all the States having regard to the data of air and water quality, CEPI, non-attainment cities and polluted water stretches, ete. in said States. The policy should cover inspections with reference to the Water (Prevention and Control of Pollution) Act, 9 1974 as well as the Air (Prevention and Control of Pollution) Act, 1981, and; WHEREAS, the Hon’ble NGT in the aforesaid matter ected that the State of Haryana may shorten the period of inspection at higher frequencies preferably as follows: Period of mandatory inspections: a) Highly polluting 17 Category : 3 months b) Other Red Category : 6 months ©) Orange Category : 1 year d) Green Category : 2 years ¢) CBWTF/CHWSRDF/ CMSWTDF/CETP/STP: 3 months, and; WHEREAS, the Hon*ble NGT also directed that these timelines and other changes may be followed by the CPCB for other States under Section 18 of the Water (Prevention and Control of Pollution) Act, 1974/Air (Prevention and Control of Pollution) Act, 1981 unless there are reasons for exception for any particular State, and; NOW THEREFORE, in a view of the above and in exercise of the powers delegated to the CPCB under section 18(1)(b) of Water (Prevention and Control of Pollution) Act, 1974 and 18(1)(b) of the Air (Prevention & Control of Pollution) Act, 1981, all SPCBs/ -2- Contd...PCCs are directed to ensure that for environmental surveillance, industries are inspected preferably at the frequency as mentioned below, unless there are reasons for exception for any particular State sl. Industrial Category/Facility Frequency of Mandatory No. Inspection for Environmental Surveillance* 1.| Highly Polluting 17 Category Industries 3 months 2.| Red Category (Other than 17 category industries) 6 months 3,| Orange Category Industries Tyear 4] Green Category Industries 2 years 5. CBWTF/ CHWSRDF7 CMSWTDI/ CETP/ STP. 3 months (*Siates/UTs following more aggressive timelines can continue to do so) The SPCBs/PCCs shall acknowledge receipt of these directions and submit action taken report (ATR) in compliance of these directions to CPCB within 15 days from receipt of directions. Copy to: 1. The Joint Secretary (CP Division) Ministry of Environment, Forests & Climate Change Indira Paryavaran Bhawan 34 Floor, Prithivi, Aliganj, Jor Bagh Road New Delhi -110 003 2. All Regional Directors, CPCB Ss, (S.P. Singh Parihar) ‘Chairman (3 Pivisional Head, : (with a request to upload the copy of IT Division, CPCB Directions on CPCB website) (Prashant Gargava) Ss‘Address List of SPCBs/PCCs 1. | The Chairman 2. | The Chairman Andhra Pradesh State Pollution Control Board Arunachal Pradesh State Pollution Control Board DNo. 33-26-14 D/2, Near Sunrise Hospital, *ParyavaranBhavan’, Yupla Road, Pushpa Hotel Centre, Chalmvari Street, PappuNallah, Kasturibaipet, Vijayawada- 520010 Naharlagun — 791110 ‘Andhra Pradesh Arunachal Pradesh 3. | The Chairman |The Chairman Assam State Pollution Control Board Bihar State Pollution Control Board Bamunin PariveshBhawan, Plot No.N-B/2, Guwahati — 781021 Patliputra Industrial Area Assam Patna-800023 - 3. | The Chairman 6 | The Chairman Chhattisgarh Environment Conservation Board Goa State Pollution Control Board ParyavasBhawan, North Block Sector-19 Dempo Tower, EDC Plaza, I* floor NayaRaipur - 492 099 Patto Plaza, Panaji, Chhattisgarh Goa — 403001 7. | The Chairman 8. | The Chairman Gujarat State Pollution Control Board Haryana State Pollution Control Board Sector 10-A, Gandhi Nagar — 382043 C-II, Sector 6, Panchkula, Gujarat Haryana 134109 ‘9 |The Chairman 10. | The Chairman Himachal Pradesh State Pollution Control Board J&K State Pollution Control Board, ParyavaranBhavan, Phase Ill, Parivesh Bhawan, Forest Complex New Shimla ~ 171009 Gladni, Narwal, transport Nagar, Himachal Pradesh Jammui-180004 Jammu and Kashmir 17. | The Chairman 12. | The Chairman Jharkhand State Pollution Control Board Karnataka State Pollution Control Board ‘T.A Building, HEC Campus, P.O. Dhurwa ParisaraBhavan, 4& 5" floors, Church Street, Ranchi ~ 834004 Bangalore ~ 560 001 | dharkhand Karnataka 13. | The Chairman 14, | The Chairman Kerala State Pollution Control Board Maharashtra State Pollution Control Board Plamoodu Junction, Pattam Palace P.O. Kalpataru Point, 3°& 4" floors Thiruvanathapuram — 695004 Sion Matunga Scheme Road No. 6 Kerala Opp. Cine Planet, Sion Cirele, Sion (E), Mumbai 400 022 Maharashtra 15, | The Chairman 16. | ‘The Chairman Madhya Pradesh State Pollution Control Board Manipur State Pollution Control Board ParyavaranParisar, E-5 Arera Colony Lamphelpat, Bhopal - 462016 Imphal West D.C. Office Complex ~ 795004 Madhya Pradesh Manipur 17. | The Chairman 18. | The Chairman Meghalaya State Pollution Control Board Mizoram State Pollution Control Board Arden, Lumpyngngad, New Secretariat Complex, Shillong - 793014 Khatla, Thlanmual Peng, Aizwal | Meghalaya Mizoram- 796001 19. | The Chairman 20. | The Chairman Nagaland State Pollution Control Board Odisha State Pollution Control Board Signal Point, Dimapur, ParibeshBhawan A-118, Nilakanta Nagar, ‘Nagaland ~ 797112 Nagaland Unit -VIII, Bhubaneshwar ~ 751012. OdishaLakshadweep Pollution Control Committee Lakshadeweep Administration Department of Science, Technology & Environment Kavarati — 682555. Lakshadweep 21. | The Chairman 22. | The Chairman Punjab State Pollution Control Board Rajasthan State Pollution Control Board Nabha Road, ITI Rd, Adarsh Nagar, ‘A-4 Institutional Area, JhalaneDungri Prem Nagar, Jaipur — 302004, Patiala - 147001. Rajasthan Punjab _ 23. | The Chairman 24. | The Chairman Sikkim State Pollution Control Board Tamil Nadu State Pollution Control Board State land Use & Environment Cell No. 76, Mount Salai, Guindy, Govt. of Sikkim, Deorali, ‘Chennai - 600032. Gangtok, Tamil Nadu Sikkim 25. | The Chairman 26. | The Chairman Telangana State Pollution Control Board ‘Tripura State Pollution Control Board ParyavaranBhavan PariveshBhawan, Pt. Nehru Complex, A-3, Industrial Estate, Sanath Nagar, Gorkhabasti P.O., Kunjaban, Agartala, Hyderabad ~ 500 018. West Tripura - 799 006, ‘Telangana ‘Tripura 27. | The Chairman 28, | The Chairman Uttarakhand Environment Protection & Pollution Uttar Pradesh State Pollution Control Board Control Board Building.No. TC-12V 29/20, Nemi Road, Vibhutikhand, Gomti Nagar, Dehradun ~ 248001. Lucknow= 226010. |__| Uttarakhand Uttar Pradesh 29. | The Chairman West Bengal State Pollution Control Board ParibeshBhavan Building, No.10-A, Block -LA, Sector 3, Salt Lake City, Kolkata — 700 091. West Bengal 30. | The Chairman 31. | The Chairman Andaman & Nicobar Islands Pollution Control Chandigarh Pollution Control Committee Committee ParyavaranBhawan Department of Science & Technology Madhya Marg, Sector - 19 B, Dollyganj Van Sadan, Haddo P.O., Chandigarh — 160019. Port Blair-744102 Chandigarh Andaman & Nicobar 32, | The Chairman 33. | The Chairman Daman, Diu & Dadra Nagar Haveli Pollution Dethi Pollution Control Committee Control Committee 4" floor, ISBT Building, Office of the Deputy Conservator of Forests Kashmeri Gate, Moti Daman, Delhi - 110006. Daman — 396220, Delhi Daman & Diu 34. | The Chairman 35. | The Chairman Puducherry Pollution Control Committee Departinent of Science, Technology & Environment Housing Board Complex, 3* floor, Anna Nagar, Pondichery ~ 600 005