Public
Hearing Notifications
Public
Hearing Notifications
Notification
I
Ministry
of Environment and Forests
S.O.
318(E), dated April 10, 1997, published in the Gazette of India,
Extra., Part II, Section 3(ii), dated 10th April 1997, pp.3-4, No. 244
[No. Z-12013/4/89-IA.I]
Whereas
by notification of the Government of India in the Ministry of Environment
and Forests No. S.O. 60 (E), dated 7th January, 1994 (hereinafter referred
to as the said notification) issued under sub-section (1) and clause
(v) of sub-section (2) of Section 3 of the Environment (Protection)
Act, 1986 (29 of 1986) (hereinafter referred to as the said Act) read
with clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection
Rules), 1986 (hereinafter referred to as the said rules), the Central
Government imposed certain restrictions and prohibitions on the expansion
and modernization of any activity or the undertaking of any project,
unless environment clearance has been granted by the Government;
And
whereas, sub-rule (4) of Rule 5 of the said rules provides that, 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) of Rule 5 of the said rules;
And
whereas, the Central Government is of the opinion that it is in public
interest to dispense with the requirement of notice under clause (a)
of sub-rule (3) of Rule 5 of the said rules;
Now,
therefore, in exercise of the powers conferred by sub-section (1) and
clause (v) of sub-section (2) of Section 3 of the said Act read with
sub-rule (4) of Rule 5 of the said rules, the Central Government hereby
makes the following further amendments in the said notifications, namely:-
in
the said notification,_
(1)
in paragraph 2,_
(a)
in sub-paragraph I, in item (a), for the words "and an environment
Management Plan", "Paryavaran Prabandhak Yojana" the
words, "Environment Management Plan and details of public hearing
as specified in Schedule IV" shall be substituted;
- in
sub-paragraph III, for item (c), the following shall be substituted,
namely:_
"(c)
the Impact Assessment Agency shall prepare a set of recommendations
based on the technical assessment of documents and data furnished by
the project authorities and supplemented by data collected during visits
of sites of factories, if undertaken and details of public hearing.
The
assessment shall be completed within a period of ninety days from receipt
of the requisite documents and data from the project authorities and
completion of public hearing and decision conveyed within thirty days
thereafter.
The
clearance granted shall be valid for a period of five years from commencement
of the construction or operation of the project."
(2)
in Schedule-I, for item 21, the following item shall be substituted,
namely:- "Highway Projects except projects relating to improvement
work including widening and strengthening of roads with marginal land
acquisition along the existing alignments provided it does not pass
through ecologically sensitive areas such as National Parks, Sanctuaries,
Tiger reserves, Reserve forests",
(3)
after Schedule III, the following Schedule shall be added at the end,
namely:_
"SCHEDULE
IV
(See
sub-para (1) of Para 2)
Procedure
for Public Hearing
(1)
Process of Public Hearing - Whoever apply for environmental
clearance of projects, shall submit to the concerned State Pollution
Control Board twenty sets of the following documents namely:-
(i)
An executive summary containing the salient features of the project
both in English as well as local language.
(ii)
Form XIII prescribed under Water (Prevention and Control of Pollution)
Rules, 1975 where discharge of sewage, trade effluents, treatment of
water in any form, is required.
(iii)
Form I prescribed under Air (Prevention and Control of Pollution) Union
Territory Rules, 1983 where discharge of emissions are involved in any
process, operation or industry.
(iv)
Any other information or document which is necessary in the opinion
of the Board for their final disposal of the application.
(2)
Notice of Public Hearing -
(i)
The State Pollution Control Board shall cause a notice for environmental
public hearing which shall be published in at least two news papers
widely circulated in the region around the project, one of which shall
be in the vernacular language of the locality concerned. State Pollution
Control Board shall mention the date, time and place of public hearing.
Suggestions, views, comments, and objections of the public shall be
invited within thirty days from the date of publication of the notification.
(ii)
All persons including bona fide residents, environmental groups and
others located at the projects site/sites of displacement/sites likely
to be affected can participate in the public hearing. They can also
make oral/written suggestions to the State Pollution Control Board.
Explanation.
- for the purpose of the paragraph person means._
a)
any person who is likely to be affected by the grant of environmental
clearance;
b)
any person who owns or has control over the project with respect to
which an application has been submitted for environmental clearance;
c)
any association of persons whether incorporated or not likely to be
affected by the project and /or functioning in the field of environment;
d)
any local authority within any part of whose local limits, is within
the neighborhood, wherein the project is proposed to be located.
(3)
Composition of public hearing panel. - The composition of Public Hearing
Panel may consist of the following, namely:-
i)
Representative of State Pollution Control Board;
ii)
District Collector or his nominee;
iii)
Representative of State Government dealing with the subject;
iv)
Representative of Department of the State Government dealing with Environment,
v)
Not more than three representatives of the local bodies such as Municipalities
or panchayats;
vi)
Not more than three senior citizens of the area nominated by the District
Collector.
(4)
Access to the Executive Summary:- The concerned persons shall be provided
access to the Executive Summary of the Project at the following places
namely:-
i)
District Collector Office,
ii)
District Industry Centre,
iii)
In the Office of the Chief Executive Officers of Zila Parishad or Commissioner
of the Municipal Corporation/Local body as the case may be;
iv)
In the head office of the concerned State Pollution Control Board and
its concerned Regional Office;
v)
In the concerned Department of the State Government dealing with the
subject of environment;
Notification
II
Ministry
of Environment and Forests
S.O.
319(E), dated April 10, 1997, published in the Gazette of India,
Extra, Part II, Section 3(ii), dated 10th April, 1997, pp, 7-10, No.
244 [No. Z-12013/4/89-I.A.I]
In
exercise of the powers conferred by Section 23 of the Environment (Protection)
Act, 1986 (29 of 1986) (hereinafter referred to as the said Act, the
Central Government hereby directs that the powers conferred on it by
sub-section (1) of Section 3 of the said Act to take measures for protecting
and improving the quality of the environment and preventing, controlling
and abating environmental pollution by exercisable also by the State
Government as notified in the notification of the Government of India
in the Ministry of Environment and Forests No. S.O. 60(E) dated the
27th January, 1994 in relation to the Thermal Power Plants specified
in Schedule-I annexed to this notification subject to the conditions
and limitations specified in Schedule II annexed to this notification.
SCHEDULE-
I
Category
of Thermal Power Plants requiring environmental clearance from the State
Government.
I.
Co-generation Captive Plants:
(i)Co-Generation
Plants:
All co-generation Plants irrespective of the installed capacities.
(ii)Captive
Power Plants :
Up to 250 MW (both coal and gas/naphtha based) coming up
separately and not along the main industry.
II.
Utility Projects:
i)
Coal based plants up to 500 MW using fluidized bed technology subject
to sensitive areas restrictions.
ii)
Coal based Power Plants up to 250 MW using conventional technologies.
iii)
Gas/Naphtha based plants up to 500 MW.
Note:
Any project proposed to be located within the radius of twenty five
km boundary of reserved forests, ecologically sensitive area which may
include National Parks, Sanctuaries, Biosphere Reserves, critically
polluted area and within fifty kms of inter-state boundary shall require
environmental clearance from the Central Government.
SCHEDULE-II
Procedure
for seeking environment clearance of projects :
1.
(1)Any person who desires to establish a thermal power plant of any
category mentioned in Schedule-I, shall submit an application to the
Department of the State Government dealing with the subject of Environment.
(2)The
application shall be made in the Form 'A' specified in Schedule-II annexed
to this notification and shall be accompanied by a detailed project
report which shall, inter alias, include an Environmental Impact Assessment
Report and an Environment Management Plans prepared in accordance with
the guidelines issued by the State Department of Environment from time
to time.
(3)
Cases rejected due to submission of insufficient or inadequate data
and Action Plans may be reviewed as and when submitted with complete
data and Action Plans. Submission of incomplete data for the second
time would itself be a sufficient reason for the State Government to
reject the case summarily.
2.
In case of the pit-head thermal power plants, the applicant shall intimate
the locaton of the project site to the State Government while initiating
any investigation and surveys. The State Government will convey a decision
regarding suitability or otherwise of the proposed site within a maximum
perod of thirty days. The said site clearance will be granted for a
sanctioned capacity and it will be valid for a period of five years
for commencing the construction or operation of the project.
3.(1)The
applicant shall obtain No Objection Certificate from the concerned Pollution
Control Board. The State Pollution Control Board shall issue No Objection
Certificate to establish only after completing public hearing as specified
in Schedule-IV annexed to this notification.
(2)
The reports submitted with the application, and No Objection Certificate
from the State Pollution Control Board shall be evaluated and assessed
by the State Government, in consultation with a Committee of experts
which shall be constituted by the State Government as specified in Schedule
III appended to this notification.
(3)The
said Committee of Experts shall have full right of entry and inspection
of the site or, as the case may be, factory premises at any time prior
to, during or after the commencement of the operations relating to the
plant.
(4)The
State Government Department dealing with the subject of Environment
shall prepare a set of recommendations based on technical assessment
of documents and data furnished by the applicant supplemented by data
collected during visits to sites, if undertaken and interaction with
affected population and environment groups, if necessary.
(5)The
assessment shall be completed within a period of ninety days from receipt
of the requisite documents and data from the applicant and decision
conveyed within thirty days thereafter.
(6)The
environmental clearance granted shall be valid for a period of five
years from commencement of the construction or operation of the project.
4.concealing
factual data or submission of false, misleading data or reports, decisions
of recommendations would lead to the project being rejected. Approval,
if granted, earlier on the basis of false data, can also be revoked.
(Form
A)
Application
Form
1.
(a)Name and Address of the project proposed :
(b)Location
of the projects :
Name
of the place :
District,
Tehsil :
Latitude/Longitude
:
Nearest
Airport /Railway Station :
(c)Alternate
sites examined and the reasons for selecting the proposed site :
(d)Does
the site conform to stipulated land use as per local land use plan;
2.
Objectives of the project:
3.
(a)Land Requirement :
Agriculture
Land :
Forest
Land and Density of vegetation,
Others
(Specify) :
(b)
(i)Land use in the Catchment/within 10 km. radius of the proposed site
:
(ii)Topography
of the area indicating gradient, aspects and altitude :
(iii)Erodability
classification of the proposed land :
(c)Pollution
sources existing in 10 km. radius and their impact on quality of air,
water and land:
(d)Distance
of the nearest National Park/Sanctuary/Biosphere Reserve/Monuments/heritage
site/Reserved Forests :
(e)Rehabilitation
on plan for quarries/borrow areas :
(f)Green
belt plan :
(g)Compensatory
afforestation plan :
4.
Climate and Air Quality :
a)Windrose
at site :
b)Max/Min/Mean
annual temperature :
c)Frequency
of inversion :
d)Frequency
of cyclones /tornadoes/cloud burst :
e)Ambient
air quality data :
f)Nature
and concentration of emission of SPM, Gas (CO, CO2, SO2,
Nox, CHn etc.) from the project :
5.
Water balance :
a)Water
balance at site :
b)Lean
season water availability :
Water
requirement :
c)Source
to be tapped with competing users (river, lake, ground, public supply)
:
d)Water
quality :
e)Changes
observed in quality and quantity of ground water in the last 15 years
and present charging and extraction details :
(f)(i)Quantum
of waste water to be released with treatment details :
(ii)Quantum
of quality of water in the receiving body before and after disposal
of solid wastes:
(iii)Quantum
of waste water to be released on land and type of land :
(g)(i)Details
of reservoir water quality with necessary Catchment Treatment Plan :
(ii)Command
Area Development plan :
6.
Solid wastes :
(a)Nature
and quantity of solid wastes generated :
(b)Solid
waste disposal method :
7.
Noise and Vibrations :
(a)Sources
of noise and Vibrations :
(b)Ambient
noise level :
(c)Noise
and Vibration control measures proposed :
(d)Subsidence
problem if any with control measures.
8.
Power requirement indicating source of supply : Complete environmental
details to be furnished separately, if captive power unit proposed :
9.
Peak labour force to be deployed giving details of :
-
Endemic health problems in the area due to waste water/air/soil borne
diseases :
-
Health care system existing and proposal :
10.
(a)Number of villages and population to be displaced :
(b)Rehabilitation
Master Plan :
11.
Risk assessment report and Diaster Management Plan :
12.
(a)Environmental Impact Assessment :
(b)Environment
Management Plan :
(c)Detailed
Feasibility Report :
(d)Duly
filled in questionnaire :
Report
prepared as per guidelines issued by the Central Government in the MoEF
from time to time.
13.Details
of Environmental Management Cell :
I
hereby give an undertaking that the data and information given above
are true to the best of my knowledge and belief and I am aware that
if any part of the data/information submitted is found to be false or
misleading at any stage, the project be rejected and the clearance given,
if any, to the project is likely to be revoked at our risk and cost.
Signature
of the applicant with name and full address
Date
:
Place
:
Given
under the seal of Organisation on behalf of whom the applicant is signing.
In
respect to item for which data are not required or are not available
as per the declaration of project proponent, the project would be considered
on that basis.
SCHEDULE
III
(See
Sub-para (2), Para 3 of Schedule-II)
COMPOSITION
OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT
1.
The Committees will consist of experts in the following disciplines:
a)Eco-system
Management
b)Air/Water
Pollution Control
c)Water
Resource Management
d)Flora/Fauna
Conservation and management
e)Land
Use Planning
f)Social
Sciences/Rehabilitation
g)Project
Appraisal
h)Ecology
i)Environmental
Health
j)Subject
Area Specialists
k)Representatives
of NGOs/persons concerned with environmental issues.
2.
The Chairman will be outstanding and experienced ecologist or environmentalist
or technical professional or wide managerial experience in the relevant
development sector.
3.
The representative of Impacts Assessment Agency will act as a Member-Secretary.
4.
Chairman and Members will serve in their individual capacities except
those specifically nominated as representatives.
5.
The Membership of a Committee shall not exceed 15.
"SCHEDULE-IV
(See
Para 3, sub-paragraph (2) of Schedule-II)
PROCEDURE
OF PUBLIC HEARING
(1)
Process of Public Hearing - Whoever apply for environmental clearance
of projects, shall submit to the concerned State Pollution Control Board
twenty sets of the following documents namely:_
i.
An Executive summary containing the salient features of the project
both in Engish as well as local language.
ii.
Form XIII prescribed under Water (Prevention and Control of Pollution)
Rules, 1975 where discharge of sewage, trade effluents, treatment of
water in any form, is required.
iii.
Form I prescribed under Air (Prevention and Control of Pollution) Union
Territory Rules, 1983 where discharge of emissions are involved in any
process, operation or industry.
iv.
Any other information or document which is necessary in the opinion
of the Board for their final disposal of the application.
(2)
Notice of Public Hearing - (i) The State Pollution Control Board
shall cause a notice for environmental public hearing which shall be
published in at least two newspapers widely circulated in the region
around the project, one of which shall be in the vernacular language
of the locality concerned. State Pollution Control Board shall mention
the date, time and place of public hearing. Suggestions, views, comments,
and objections of the public shall be invited within thirty days from
the date of publication of the notification.
(ii)
All persons including bona fide residents, environmental groups
and others located at the project site/sites of displacement/sites likely
to be affected can participate in the public hearing. They can also
make oral/written suggestions to the State Pollution Control Board.
Explanation
- For the purpose of the paragraph person means_
(a)
any person who is likely to be affected by the grant of environmental
clearance;
(b)
any person who owns or has control over the project with respect to
which an application has been submitted for environmental clearance;
(c)
any association of persons whether incorporated or not likely to be
affected by the project and/or functioning in the field of environment;
(d)
any local authority within any part of whose local limits is within
the neighborhood wherein the project is proposed to be located.
(3)
Composition of public hearing panel. - The composition of Public Hearing
Panel may consist of the following, namely:_
i.
Representative of State Pollution Control Board;
ii.
District Collector or his nominee;
iii.
Representative of State Government dealing with the subject of power;
iv.
Representative of Department of the State Government dealing with Environment;
v.
Not more than three representatives of the local bodies such as Municipalities
or Panchayats;
vi.
Not more than three senior citizens of the area nominated by the District
Collector.
(4)
Access to the Executive Summary - The concerned persons shall be provided
access to the Executive Summary of the Project at the following places
namely:-
i.
District Collector Office;
ii.
District Industry Centre;
iii.
In the Office of the Chief Executive Officer of Zila Parishad or Commissioner
of the Municipal Corporation/Local Body as the case may be;
iv.
In the head office of the concerned State Pollution Control Board and
its concerned Regional Office;
v.
In the concerned Department of the State Government dealing with the
subject of environment".