THE
ENVIRONMENT (PROTECTION) RULES, 1986(1)
In
exercise of 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);
(2)[(aa) "areas" means all areas where the
hazardous substances are handled;]
(b)
"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 (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;
(3)[(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;
(4)[(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 Board for the Prevention and Control of Water
Pollution constituted under section 4 of the Water (Prevention and Control
of 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 or
processes shall be as specified in (5)[Schedules
I to IV]
(6)[***]
(2)
Notwithstanding anything contained in sub-rule (1), the Central Board or a
State Board may specify more stringent standards from those provided in (7)[Schedules
I to IV] in respect of any specific industry, operation or process depending
upon the quality of the recipient system and after recording reasons, therefor,
in writing.
(8)(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.
(9)[(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 (10)[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 therefor in writing;
(ii) The State Board shall while enforcing the standards specified in Schedule
VI follow the guidelines specified in Annexures I and II in that Schedule.]
(11)[(3B) Any emission or discharge of environmental
pollutants from the industries, operations or possesses shall not exceed the
relevant concentration in ambient air as indicated and set out against each
pollutants in (3) to (5) of the Schedule VII.],
(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 environment 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 specified industry, operation
or process, by order, may specify any period other than a period specified
under sub-rule (3)within which the compliance ofstandards 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
(1) 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 with by such industry, operation or process by the 31st day of
December, 1991.]
(12)[(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 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.
(13)[(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.
(14)[(3-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 (3-a) and (4) of this rule:
Provided
that no opportunity of being heard shall be given to the occupier if he had
already been beard earlier and the proposed direction referred to in sub-rule
(3-b) 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 up to 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 sought to be directed and for reasons to be recorded
in writing, confirm, modify or decide not 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 enviromnent 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 the
Head of the Department and also to the Secretary to the Government, as the
case may be, incharge 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 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 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.
5.
Prohibition and restriction 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 environment
pollutants (including noise) for 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 factors 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 the Central Government that it is expedient to
impose prohibition 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, given notice of its intention to do so.
(b)
Every notification under clause (a) shall give a brief discription 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 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 restriction 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 (15)[within
(16)[three hundred and sixty-five days] from
such date of publication,] impose prohibition or restrictions on location
of such industries and the carrying on of any process or operation in an area.
(17)[(4)Notwithstanding
anything contained in sub-rule (3), whenever it appears to the Central Government
that it is in public interest to do so, it may dispense with the requirement
of notice under clause (a) of sub-rule (3).] (18)[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 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 forth with to the environmental laboratory
for 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 records 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.
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 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:-
(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 Union territory:
(A) the Central Board; and
(B) the Ministry of Environment and Forests (represented by the Secretary
of the Government 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 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 sent by registered post-acknowledgement due.
(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.
(19)[12.Furnishing
of information to authorities and agencies in certain cases. - Where the discharge
of environmental pollutant in excess of the prescribed standard 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 forthwith 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 operations 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)
The Central Board or a State Board, as the case may be, and its regional officer
having local jurisdiction who have been delegated powers under sections 20,
21, 23 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), and section 24 of the Air (Prevention and Control of Pollution) Act,
1981 (14 of 1981);
(iii)
The Statutory authorities or agencies specified in column 3 in relation to
places mentioned in column 2 against thereof of.] (20)[Schedule
V]
(21)[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 areas:-
(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 or 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
thirty days from the date of publication of the notification in the Official
Gazette.
(iv) The Central Government shall within a period of sixty 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.]
(22)[14.
Submission of environment 20[statement]. - 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
Waters (Management and Handling) Rules, 1989 issued under the Environment
(Protection) Act, 1986 (29 of 1986) shall submit an environmental (23)[statement]
for the financial year ending on the 31st March in Form V to the concerned
State Pollution Control Board on or before the 20[thirtieth day of September]
every year, beginning 1993.]
Important
Schedules
1.
Vide Notification No.S.O. 844(E), dated 19th November,
1986 published in Gazette of India, Extraordinary, Pt. II, sec. 3(i),
ated 19th November, 1986.
2.
Ins. by G.S.R. 931(E), ated 27th October, 1989 (w.e.f. 27-10-1989)
3.
Subs. by G.S.R. 422(E), dated 19th May, 1993(w.e.f. 19.5.1993)
4.
Subs. by G.S.R. 422(E), dated 19th May, 1993(w.e.f. 19.5.1993)
5.
Subs. by G.S.R. 422(E), dated 19th May, 1993(w.e.f. 19.5.1993)
6.
Proviso to sub-rule(1) rule 3 moitted by S.O.23(E), dated 16th
January, 1991(w.e.f. 16.1.1991)
7.
Subs. by G.S.R. 422(E), dated 19th May, 1993(w.e.f. 19.5.1993)
8.
Ins. by S.O. 23(E), dated 16th January, 1991 (w.e.f. 16.1991)
9.
Ins. by G.S.R. 422 (E), dated 19th May, 1993 (w.e.f. 19.05.1993)
10.
Subs, by G.S.R. 80(E), dated 31st December, 1993 (w.e.f. 31.12.1993)
11.
Ins. by G.S.R. 176(E), dated 2nd April, 1996 (w.e.f.3.4.1996)
12.
Added by G.S.R. 176(E), dated 2nd April, 1996 (w.e.f. 12.2.1992)
13.
Renumbered by S.O. 64(E), dated 18th January, 1988(w.e.f.
18.1.1988)
14.
Ins. by S.O. 64(E), dated 18th January, 1988 (w.e.f. 18.1.1988)
15.
Ins. by G.S.R. 562(E), dated 27th May, 1992
16.
Subs. by G.S.R. 884(E), dated 20th November, 1992
17.
Ins. by GSR 320(E), dted 16th March, 1994 (w.e.f. 16.03.1994)
18.
Subs. by S.O. 64(E), dated 18th January, 1988 (w.e.f. 18.01.1988)
19.
Ins. by S.O. 82(E), dated 16th February, 1987 (w.e.f. 16.02.1987)
20.
Subs. by G.S.R. 422(E), dted 19th May, 1993(w.e.f. 19.05.1993)
21.
Ins. by G.S.R. 931(E), dated 27th October, 1989 (w.e.f. 27.01.1989)
22.
Ins. by G.S.R. 329(E), dated 13th March, 1992 (w.e.f. 13.03.1992)
23.
Subs. by G.S.R. 386(E),d ated 22 April, 1993(w.e.f. 22.04.1993)