Union of India - Act
The Air (Prevention And Control Of Pollution) (Union Territories) Rules, 1983
UNION OF INDIA
India
India
The Air (Prevention And Control Of Pollution) (Union Territories) Rules, 1983
Rule THE-AIR-PREVENTION-AND-CONTROL-OF-POLLUTION-UNION-TERRITORIES-RULES-1983 of 1983
- Published on 21 December 1983
- Commenced on 21 December 1983
- [This is the version of this document from 21 December 1983.]
- [Note: The original publication document is not available and this content could not be verified.]
249.
In exercise of the powers conferred by section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Central Government, in consultation with the Central Board for the Prevention and Control of Water Pollution, hereby makes the following rules, namely:-Chapter I
Preliminary
1. Short title, application and commencement .-(1) These rules may be called The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983.
2. Definitions .-In these rules, unless the context otherwise requires,-
Chapter II
Consultants
3. Appointment of consultants .-For the purpose of assisting the Board in the performance of its functions, the Chairman may appoint any qualified person to be a consultant for a specific period not exceeding six months:
Provided that the Chairman may, with the prior approval of the Board extend the period of the appointment from time to time upto one year:Provided further that the Chairman may, with the prior approval of the Board and the Central Government, appoint a consultant for a period beyond one year.4. Power to terminate appointment .-Notwithstanding anything contained in rule 3, the Board shall have the right to terminate the appointment of the consultant before the expiry of the specific period for which he is appointed, if in the opinion of the Board, the consultant is not discharging his duties properly or to the satisfaction of the Board, or such a course of action is necessary in the public interest:
Provided that in cases where a consultant has been appointed with the prior approval of the Central Government, the termination of his appointment will be made only with the approval of the Central Government.5. [ Emoluments of consultant
.-The Board may pay the consultants suitable emoluments or fees depending on the nature of work and the qualification and experience of the consultant:Provided that the Chairman shall not appoint any person as consultant without the prior approval of the Central Government if the Board recommends that the total emoluments or fee payable exceeds rupees five thousand per month:Provided further that if a retired Government Officer is appointed as consultant his emoluments or fee shall be regulated in accordance with the instructions/orders issued by the Central Government in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) from time to time.]6. Tours by consultant .-The consultant may with the prior approval of the Chairman undertake tours within the country for the performance of the duties entrusted to him by the Board and in respect of such tours he shall be entitled to travelling and daily allowances at the rate payable to a Grade I officer of the Central Government.
7. Consultant not to disclose information .-The consultant shall not, without the written permission of the Board, disclose any information either given by the Board or obtained during the performance of the duties assigned to him either by the Board or otherwise to any person other than the Board.
Chapter III
Notification Of Air Pollution Control Area
8. Manner of declaration of air pollution control area .-(1) Every notification under sub-section (1) of section 19, declaring any area within any Union territory as air pollution control area, shall specify:-
(a)the boundaries of the area if the area is not a whole district or the whole Union territory;(b)the date on which such declaration shall come into force.Chapter IV
Application For Consent
9. Form of application for consent and fees .-(1) Every application for consent under sub-section (2) of section 21 shall be made in Form I and shall be accompanied by fees as specified below:-
| Industries having paid up capital | Fees Rs. |
| (i) Not exceeding Rs. 5,00,000 | 250 |
| (ii) Exceeding Rs. 5,00,000 but not exceeding Rs. 20,00,000 | 500 |
| (iii) Exceeding Rs. 20,00,000 but not exceeding Rs. 1 crore | 1000 |
| (iv) Exceeding Rs. 1 crore | 2000 |
10. Procedure for making enquiry on application seeking consent .-(1) On receipt of an application for consent, the Board may depute any of its officers, accompanied by as many assistants as may be necessary, to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such officer are essential. Such officer, for that purpose, may inspect any place or premises where solid, liquid or gaseous emission from the chimney or fugitive emissions from any location within the premises are discharged. Such officer may require the applicant or the occupier to furnish to him any plans, specifications or other data relating to control equipment or systems or any part thereof that he considers necessary.
Chapter V
Authorities To Whom Information Is To Be Furnished
11. Furnishing of information by the occupier .-The authorities referred to in sub-section (1) of section 23 shall be the Collector of the District, the Revenue Divisional Officer, the Health Officer, the Executive Authority of the municipal or local body concerned and the nearest police station.
Chapter VI
Manner Of Taking Samples
12. Manner of taking samples .-(1) The person incharge of the premises shall provide port-holes, platforms conveniently located, for easy access and all other facilities required for taking sample of air or emission from any chimney, flue or duct, plant or vessel or any other sources and outlets, stationary or mobile as may be required by the Board or any officer empowered by the Board in this behalf.
13. Form of notice .-Every notice under sub-section (3) of section 26 shall be in Form III.
Chapter VII
Report Of Analysis
14. Form of report of the Board analyst and Government analyst .-(1) When a sample of any air or emission has been sent for analysis to the Board Laboratory, the Board analyst shall analyse such sample and submit to the Board a report of the result of such analysis in Form IV in triplicate.
Chapter VIII
State Air Laboratory
15. Functions of the State Air Laboratory and fee for report .-The State Air Laboratory established by the Central Government for a Union territory shall cause to be analysed by the Government Analyst any sample of air or emission received by it from any officer authorised by the Board for the purpose and shall be entitled to collect a fee for Rs. 200 for each of the report.
16. Qualification of the Government Analyst or Board Analyst .-A person to be appointed as Government Analyst or Board Analyst shall hold at least a Second Class Master's Degree in Basic Science or Life Science and 3 years experience in environmental quality management.
17. Form of appeal and manner of preference .-(1) Every appeal under section 31 against an order passed by the Board shall be filed by the appellant in Form VII.
18. Procedure to be followed by the Appellate Authority in dealing with and disposal of the appeal .-(1) The Appellate Authority shall, as soon as may be after the appeal is filed before it, fix a date for hearing of the appeal and give notice of the same to the appellant and the Board in Form VIII. While giving such notice to the Board, a copy of the appeal, together with its enclosures, shall also be sent to the Board and he shall be called upon to send to the Appellate Authority, all the relevant records connected with the appeal.
19. Consent register .-The Board shall maintain a register in Form VI containing particulars of industrial plants to which consent have been granted under section 21.
20. Functions to be performed by the Board .-In addition to the functions specified in sub-section (1) of section 17, the Board shall conduct-
20.
-A. Directions .-(1) Any direction issued under section 31-A shall be in writing.20.
-B. Manner of giving notice .-The manner of giving notice under clause (b) of sub-section (1) of section 43 shall be as follows, namely:-21. Repeal and saving .-All rules corresponding to these rules and in force in a Union territory immediately before the commencement of these rules are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.[FORM I](See rule 9)Application For Consent For Emission/continuation Of Emission Under Section 21 Of The Air (Prevention And Control Of Pollution) Act, 1981.From__________________________________________________ToThe Member Secretary,Central Pollution Control Board,_____________________________________________________________________Sir,I/We hereby apply for Consent/Renewal of Consent under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) to bring into use a new/altered [Strike out which is not rlevant.] stack for the discharge of emission/to begin to make new discharge of emission/to continue to discharge emission [Strike out which is not rlevant.] from stack in industry owned by .................................| For Office Use Only | ||||||||||||||||||
| 1. Code No.| |- | 2. Whether the unit is situated in a critically polluted area as identified by Ministry of Environment & Forests| |- | To be filled in by Applicant | ||||||||||||||||
| Part A-General | ||||||||||||||||||
| 3 (a) Name of Owner/Occupier| |- | (b) Name and address of the unit and location| |- | 4 (a) Whether the unit is generating hazardous waste as defined in the Hazardous Wastes (Management and Handling) Rules, 1989| |- | (b) If so the category No.| |- | 5 (a) Total capital invested on the project| |- | (b) Year of commencement of production| |- | (c) Whether the industry works general/2 shifts/round the clock| |- | 6 (a) List and quantum of products and bye-products| |- | (b) List and quantum of raw materials used| |- | 7. Furnish a flow diagram of manufacturing process showing input and output in terms of products and waste generated including for captive power generation and dematerialized water| |- | PART B-Pertaining to sewage and trade effluent | ||||||||
| 8. Quantity and source of water for:| |- | (a) Cooling m3/d| |- | (b) Process m3/d| |- | (c) Domestic use m3/d| |- | (d) Others m3/d| |- | 9. Sewage and trade effluent discharge| |- | (a) quantum of discharge m3/d| |- | (b) Is there any effluent treatment plant| |- | (c) If yes, a brief description of unit operations with capacity| |- | (d) Characteristics of final effluent pH| |- | Suspended solids| |- | Dissolved solids| |- | Chemical Oxygen Demand (COD)| |- | Biochemical Oxygen Demand (BOD)/20°C| |- | Oil and grease| |- | (Additional parameters as specified by the concerned Pollution Control Board)| |- | (e) Mode of disposal and final discharge point (enclose .map showing discharge point)| |- | (f) Parameters and Frequency of self-monitoring| |- | PART C-Pertaining to stack and vent emissions |
| 10 (a) Number of stacks and vents with height and dia (m)| |- | (b) Quality and quantity of stack emission from each of the above stacks-particulate matter t and Sulphur Dioxide(S02) (Additional parameters as specified by the concerned Pollution Control Board)| |- | (c) A brief account of the air pollution control unit to deal with the emission| |- | (d) Parameters and Frequency of self monitoring| |- | PART D-Pertaining to hazardous waste and hazardous chemicals. | ||||||||||||||
| 11 Solid wastes:| |- | (a) Total quantum of generation| |- | (b) Quantum of hazardous waste generated and its nature, as defined under the Environment (Protection) Act, 1986. (See the Hazardous Wastes Management and Handling Rules, 1989).| |- | (c) Mode of storage within the plant, method of disposal and any other information sought by the concerned Pollution Control Board| |- | 12 (a) Hazardous Chemicals as defined under Environment (Protection) Act, 1986(See the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989)| |- | (b) Whether any isolated storage is involved if yes, attach details| Yes/No | |||||||||||||
| (c) Whether emergency plans are prepared for taking| | ||||||||||||||||||
| -on-site measures| Yes/No | ||||||||||||||||||
| -off-site measures| Yes/No |
| Chairman| Member Secretary.............................|- | | Shri...............................................|- | | No. ...............................................|- | | Dated ............................................|- | | ..................................................... |
1. ......................................................
2. ......................................................
3. ......................................................
FORM IIICentral Board For The Prevention And Control Of Water Pollution(See rule 13)NOTICE OF INTENTION TO HAVE SAMPLE ANALYSEDToTake notice that it is intended to have analysed the sample of Air emission from your promises which is being taken today the ...................................................... day of 1. ...................................................... 20......... from (i)Name and designation of the person who takes the sample(i)Here specify the stack, Chimney or any other emission outlets.To..................................................................................................................................................................FORM IVCentral Board For The Prevention And Control Of Water Pollution(See rule 14)REPORT BY THE CENTRAL BOARD ANALYSTReport No. .........Dated the ...........I hereby certify that I, ....................................... [Here write the full name of the Central Board analyst.] Central Board analyst duly appointed under sub-section 3 of section 26 of the Air (Prevention and Control of Pollution) Act 1981, received on the ....................................... [Here write the date of receipt of the sample.]day of ....................................... 19...... from ............................................... [Here write the name of the Board or person or body of persons or offficer from whom the sample was received.]a sample of ................................................ for analysis. The sample was in a condition fit for analysis reported below.I further certify that I have analysed the aforementioned sample on ........................ ................ [Here write the date of analysis.]and declare the result of the analysis to be as follows:-..................................................................................................................................................................................................................................................................................................................................................................................................................... [Here write the details of the analysis and refer to the method of analysis. If the space is not adequate the details may be given on a separate sheet of paper.]The condition of the seals, fastening and container on receipt was as follows:-............................................................................................................................. ............................................................................................................................................................... Signed this ................................. day of ................................. 19..............(Signature)Central Board AnalystTo..........................................................................................................................................FORM VReport By The Government Analyst[See rule 14(2)]Report No...........................Dated the...........................I hereby certify that I, .............................................................................. [Here write the full name of the Central Board analyst.] Government analyst duly appointed under sub-section 1 of section 27 of the Air (Prevention and Control of Pollution) Act 1981, received on the ................. [Here write the date of receipt of the sample.]day of 20....... from a sample of ................................ [Here write the name of the Board or person or body or persons or officer from whom the sample was received.] for analysis. The sample was in a condition fit for analysis reported below.I further certify that I have analysed the aforementioned sample on .................. .................. [Here write the date of analysis.]and declare the result of the analysis to be as follows:-............................................................................................................................................................................................................................................................................................ [Here write the details of the analysis and refer to the method of analysis. If the space is not adequate the details may be given on a separate sheet of paper.] Signed this ................................. day of ................................. 20..............(Signature)(Government Analyst)Address..............................................................................................................................................................................To............................................................................................FORM VICentral Board For The Prevention And Control Of Water Pollution(See rule 19)(Form of consent register)I. General:(a)Consent is issued to:....................................................................(Corporation, Company, Government Agency, Firm etc.)....................................................................(b)Postal Address :..........................................................................................................................................................................................................II. Location of plant or facilities: (Latitude and longitude must be to the nearest of 15 seconds)(a)Nearest City ........................ District ........................(b)Latitude ........................ Longitude ........................(c)Is it located in air pollution control area-Yes/No.If yes, Identification of air pollution control area.III. Type of operation or process:(a)Name of operation or process(b)Schedule identification number| IV.Consent classification: | Yes | No | |||
| (a) Proposed | |||||
| (b) Now operating | |||||
| (c) Modification of existing emission source | |||||
| (d) Location change | |||||
| (e) Ownership change | |||||
| (f) Present-consent order Number itany.............................................................................................................. | |||||
| V.Implementation Dates: | |||||
| (a) In the case of proposed industries Operation expected to begin | - | - | - | ||
| (day) | (month) | (year) | |||
| (b) air pollution control equipment and emission to be installed standards achieved by | - | - | - | ||
| (day) | (month) | (year) | |||
| VI.Emission Standards: | |||||
| Emission source Number (from plot plan) | Air Pollutant emitted | Emission rate kg/hour or standard/see | |||
| 1 | 2 | 3 | |||
| VII.Consent conditions if any: |