The Water (Prevention and Control of Pollution) (Consent) Chhattisgarh Rules, 1975
cg128
LEGISLATIVE HISTORY 6 |
(a) "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974);
(b) "Board" means the Chhattisgarh State Prevention and Control of Water Pollution Board, constituted under subsection (1) of Section 4;
(c) "Section" means the section of the Act;
(d) "Chairman" means the Chairman of the Board;
(e) "Member-Secretary" means the Member-Secretary of the Board;
(f) "Member" means member of the Board nominated by the Government;
(g) "Consent" means the sanction of the authority of the Board for the discharge of the effluent;
(h) "Consent Fees" means the fees charged by the Board for the grant of consent by the Board;
(i) "Investment" means the amount of capital invested by the industry on capital works including land, machinery and equipment;
(j) "Consent renewal fee" means the licensing fees required to be paid annually to the Board for the discharge of sewage or trade effluent into a stream or well.
3. Procedures. - Any person who is discharging sewage to trade effluent into the stream or well or sewer or on land shall apply m the form appended to these rules to the Member-Secretary, Chhattisgarh State Prevention and Control of Water Pollution Board, Bhopal. 4. Prevention and Control by the Board. - (i) In the case of the existing industries, the person/persons will make the application giving all particulars of his premises producing effluent. The Act envisages such an application within 3 months of the constitution of the Board. This time limit may be extended by the Board from time to time according to exigencies.(ii) In the case of improvements to the existing facilities, the person/persons shall make an application for the consent of the Board which will be deemed as a new application.
(iii) In the case of new discharges, the person/persons shall submit the application giving the details of the manufacturing processes etc. indicated in the Consent forms alongwith appliances and designs of Waste Treatment facilities that are to be provided.
(iv) The application forms may be obtained from the office of the Chhattisgarh Slate Prevention and Control of Water Pollution Board, Bhopal, on payment of Rs. 5/- as application form fee.
Schedule
|
Industries having an investment of |
Rupees |
|
(1) |
(2) |
1 |
More than Rupees 1000 Crores |
1000000 |
2 |
More than Rupees 500 Crores but Upto Rupees 1000 Crores |
500000 |
3 |
More than Rupees 200 Crores but Upto Rupees 500 Crores |
250000 |
4 |
More than Rupees 100 Crores but Upto Rupees 200 Crores |
150000 |
5 |
More than Rupees 50 Crores but Upto Rupees 100 Crores |
100000 |
6 |
More than Rupees 10 Crores but Upto Rupees 50 Crores |
80000 |
7 |
More than Rupees 3 Crores but Upto Rupees 10 Crores |
60000 |
8 |
More than Rupees 2 Crores but Upto Rupees 3 Crores |
3000 |
9 |
More than Rupees 1 Crores but Upto Rupees 2 Crores |
2000 |
10 |
Upto Rupess 1 Crore |
1000 |
(vi) On receipt of the application form by the Board, the Board will have a right to examine the proposed site or existing site and ask for any such details which may not have been elaborated in the application form.
(vii) The date on which complete information connected with application form has been received by the Board shall be the date of receipt of application form for calculating the period of 4 months for the purpose of sub-section (7) of Section 25.
(viii) On examination by the Board, the consent will be granted to the applicant with or without any condition in the form set out in the schedule appended to these rules.
(ix) The applicant shall conform to the Consent given by the Board and abide by instructions that arc given in the Consent.
(x) The applicant shall submit periodical information and other reports if so desired in the Consent of the Board.
(xi) Where Consent is given subject to the conditions of providing measures by the applicant for treating the effluent to conform to the standard the applicant shall complete such requirements within the stipulated time.
5. Annual Renewal. - (1) The Board will have a right to revise its decision regarding the Consent. (2) The Board may alter, modify or include any particular conditions in the Consent which has to be implemented by the applicant. (3) In order to maintain a clean condition of natural streams, the Board will have right to inspect any premises and collect samples. (4) The Board may also make surprise checks of premises and the applicant shall render all assistance desired for such officers authorised by the Board in the performance of the inspections. [(5) The applicant shall pay an annual "consent renewal fees" (except the fee for the first year) to the Board as specified in the following schedule namely : -Schedule
(A) |
Industries having an investment of |
Rs |
|
(1) |
(2) |
1 |
More than Rupees 1000 Crores |
250000 |
2 |
More than Rupees 500 Crores but upto Rupees 1000 Crores |
150000 |
3 |
More than Rupees 200 Crores but upto Rupees 500 Crores |
100000 |
4 |
More than Rupees 100 Crores but upto Rupees 200 Crores |
75000 |
5 |
More than Rupees 50 Crores but upto Rupees 100 Crores |
50000 |
6 |
More than Rupees 10 Crores but upto Rupees 50 Crores |
35000 |
7 |
More than Rupees 3 Crores but upto Rupees 10 Crores |
25000 |
8 |
More than Rupees 2 Crores but upto Rupees 3 Crores |
2000 |
9 |
More than Rupees 1 Crore but upto Rupees 2 Crores |
1000 |
10 |
Less than Rupees 1 Crore |
500 |
1 |
Municipal Corporation |
Rs.3,000.00 |
2 |
Municipal Council |
Rs.2,000.00 |
3 |
Nagar Panchayat |
Rs.1,000.00 |
4 |
Other |
Rs.500.00 |
Schedule
[See Rule 4 (viii)]
Office of the Chhattisgarh State Prevention and Control of Water Pollution Board 87, Malviya Nagar, Bhopal-3
Consent Form
No............./WPCB/.....Bhopal, dated the....
Subject : - Consent to ..................... for the discharge of effluent under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974. Reference : - Application No..................... of.......................................... dated.......... (expiry date..............) With reference to the above application for consent to discharge effluent into the natural water courses under the Water (Prevention and Control of Pollution) Act, 1974, hereinafter referred to as the Act, is authorised by the State Board to discharge its industrial and other effluents arising out of their premises into the local stream/river/well in accordance with the general and special conditions as mentioned in the Annexure. 2. This Consent shall be valid for a period of 12 months only commencing from........................... Dated this.........day of.........19....For and on behalf of the Chhattisgarh State
Prevention and Control of Water Pollution Board.
Member-Secretary
Enclosure : AnncxureAnnexure
Enclosure to Reference Letter Issued to
M/s Vide Consent No ......................./WPCB/75, Dated.................. A. - Central Conditions : All discharges authorised shall be consistent with the terms and conditions of this Consent. Facility expansions, production increases, or process modification with result in new or increased discharge of pollutants must be reported by submission of a new Consent application or if such new or increased discharge does not violate the effluent limitations specified in this Consent, by submission to the Board details of such new or increased discharges of pollutants in which case the Consent may be modified to specify effluent limitations for any pollutants not identified and limited herein, the discharge of any pollutant more frequently than or at a level in excess of that identified and authorised by this Consent shall constitute a violation of the terms and conditions of this Consent. 2. After notice and opportunity for the hearing, this consent may be modified, suspended or revoked by the Board in whole or in part during its term for cause including, but not limited to the following :-(a) Violation of any terms and conditions of this Consent;
(b) Obtaining this Consent by misrepresentation or failure to disclose fully all relevant facts;
(c) A change in any condition that requires temporary or permanent reduction of elimination of the authorised discharge.
3. Notwithstanding para (2) above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established for a toxic pollutant which is present in the discharge authorised herein and such standard or prohibition is more stringent that any limitation upon such pollutant in this consent, the Consent shall be revised or modified in accordance with the toxic effluent standard or prohibition that the Board may consider and the applicant shall be so notified. 4. The applicant shall allow the staff of the Chhattisgarh State Prevention and Control of Water Pollution Board, and/or their authorised representatives, upon the representation of credentials :(a) To enter upon the applicant's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this Consent;
(b) To have access to and copy at reasonable times, any records required to be kept under the terms and conditions of this Consent;
(c) To inspect at reasonable times any monitoring equipment or monitoring method required in this consent; or
(d) To sample at reasonable times any discharge pollutants.
5. The applicant shall at all times maintain in good working order and operate as efficiently as possible at all treatment or control facilities or systems installed or used by him to achieve compliance with the terms and conditions of this Consent. 6. The issuance of this Consent does not convey any properly rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Central, State or local laws or regulations. 7. This Consent does not authorize or approve the construction of any physical structures or facilities or the undertaking of any work in any natural water course. 8. The specific effluent limitations and other pollution controls applicable to the discharge permitted herein are set forth below in specific conditions. Also set forth below are self monitoring and reporting requirements. Unless otherwise specified, the applicant shall submit duplicate original copies of all reports to the Chhattisgarh State Prevention and Control of Water Pollution Board. Except for data determined to be confidential, all such reports shall be available for public inspection at the office of the Chhattisgarh State Prevention and Control of Water Pollution Board. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 42 of the Act. B. Special Conditions : 1. Initial effluent limitations. - During the period beginning on the effective date of this Consent and lasting until discharge from outfalls shall be limited and monitored by the applicant as specified below :(a) The following shall be limited and monitored by the applicant as specified :
Effluent Characteristics |
Discharge |
Limitations |
Monitoring Requirement |
|||
|
Average |
Maximum |
Frequency measurement |
Type of Sample |
||
|
Mg/1 |
Kgs/day |
Mg/1 |
Kgs./day |
* |
** |
|
*Daily/Weekly/Monthly/Trimonthly
**Grab/24 hour, Composite.
In addition to above, discharge shall be limited and monitored as specified below :
Effluent Characteristics |
Discharge |
Limitations |
Monitoring Requirement |
|||
|
Average |
Maximum |
Frequency measurement |
Type of Sample |
||
|
Mg/1 |
Kgs/day |
Mg/1 |
Kgs./day |
* |
** |
|
*Daily/Weekly/Monthly/Trimonthly
**Grab/24 hour, Composite.
For the purpose of this sub-section, the daily average discharge is the total discharge by weight during the calendar month divided by the number of days in a month the production or commercial facility was operating. For the purpose of this sub-section the daily maximum discharge means the total discharge by weight during any calendar day.(b) The pH shall not be less than 5.5 greater than 9.0.
2. Final Effluent Limitation. - During the period beginning... and lasting until the date of expiration of this Consent, discharge from the outfalls shall be limited and monitored by the applicant as specified below :-(a) The following shall be limited and monitored by the applicant as specified.
Effluent Characteristics |
Discharge |
Limitations |
Monitoring Requirement |
|||
|
Average |
Maximum |
Frequency measurement |
Type of Sample |
||
|
Mg/1 |
Kgs/day |
Mg/1 |
Kgs./day |
* |
** |
|
*Daily/Weekly/Monthly/Trimonthly
**Grab/24 hour, Composite.
Additionally, outfalls shall be monitored as follows :-(i) Flow, Temperature and Total solids-one per month;
Grab samples, Maximum discharges, Temperature above upstream receiving water shall be in accordance with the standard of ISI at 40 degree F. Unit form as per ISI 40 degree F. The temperature shall be monitored once per month on each outfall. For the purposes of this sub-section, the daily average discharge is the total discharge by weight during the calendar month divided by the number of days of the month that the production or commercial facility was operating. For the purpose of this sub-section, the daily maximum discharge means the total discharge by weight during any calendar day.(b) The pH shall not be less than 5.5 or greater than 9.0 for outfalls.
The samples are taken as monthly, grab samples. 3. Schedule of Compliance for Effluent Limitations. - The applicant shall achieve compliance with the effluent limitation specified above for discharge from outfalls in accordance with the following schedule :-(i) Report of Progress;
(ii) Completion of final plans by;
(iii) Award of contract or other commitment of financing;
(iv) Commencement of construction by;
(v) Report of construction progress;
(vi) Completion of construction by;
(vii) Attainment of operational level by :
(b) The applicant shall submit to the Consent Issuing Authority the required report of progress or where a specific action is required in (a) above to be taken by a certain dale, a written notice of compliance or non-compliance with each of the above scheduled dates, post marked not later than 14 days following each elapsed date. Each notice of non-compliance shall include the following information :-
(1) A short description of the non-compliance;
(2) A description of any action taken or proposed by the applicant to comply with the elapsed scheduled requirement without further delay;
(3) A description of any factors which tend lo explain or mitigate the non-compliance; and
(4) An estimate of the date applicant will comply with the elapsed schedule requirement and assessment of the possibility that the applicant will meet the next schedule requirement in time.
4. Compilation of Monitoring Data. - (a) Samples and measurement taken to meet the monitoring requirements specified above shall be representative of the volume and nature of monitored discharge.(b) Following promulgation of guidelines establishing test procedures for the analysis of pollutants, all sampling and analytical methods used to meet the monitoring requirements specified above shall conform to such guidelines, otherwise specified sampling and analytical methods used to meet the monitoring requirements specified above shall conform to such guidelines, otherwise specified sampling and analytical methods shall conform to the latest edition of the Indian Standard specifications and where it is not specified the guidelines as per standard methods for the examination of Water and Waste Waters 18th Edition of the American Public Health Association, New York, U.S.A. shall be used.
(c) The applicant shall take samples and measurement lo meet the requirements specified above at the location indicated below :
Point of Sampling
(i) Outfalls of waste;
(ii) 100 meter from point of confluence, down stream river or lake.
5. Recording of Monitoring Activities and Results. - (a) The applicant shall make and maintain records of all information resulting from motoring activities required by this Consent.(b) The applicant shall record for each measurement or samples taken pursuant to the requirements of this consent the following information :
(1) the date, exact place and time of sampling;
(2) the dates on which analysis were performed;
(3) who performed the analysis;
(4) the analytical techniques or methods used; and
(5) the result of all required analysis;
(c) If the applicant monitors any pollutant more frequently as is required by this Consent he shall include the result of such monitoring in the calculation and reporting of values required in the discharge monitoring reports which may be prescribed by the Board. Such increased frequency shall be indicated on the Discharge Monitoring Report Form.
(d) The applicant shall retain for a minimum of 3 years all records of monitoring activities and results including all records of calibration and maintenance of instrumentation and original strip chart recording from continuous monitoring instrumentation. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the applicant or when requested by the Central or State Board.
6. Reporting of Monitoring Results. -(a) Monitoring information required by this Consent shall be summarized and reported by submitting a Discharge Monitoring Report Form duly filled in and signed, to the Board's office at the following address :-
"Chhattisgarh State Prevention and Control of Water Pollution Board, 87, Malviya Nagar, Bhopal-3 (Pin No. 462 003)."(b) Each submitted Discharge Monitoring Report shall be signed as follows :-
(i) If submitted by Corporation-by a Principal Executive Officer of at least the level of Vice-President or his duly authorised representative, if such representative is responsible for the overall operation of the facility from which discharge described in the discharge Monitoring Report originates.
(ii) If submitted by a partnership, by a general partner,
(iii) If submitted by a sole proprietor, by the proprietor;
(iv) If submitted by a Municipality Stale or Central Government or other public enterprise, by a Principal Executive Officer, ranking elected official, commanding officer, or other duly authorised employee.
(c) All information submitted on the Discharge Monitoring Form shall be based upon measurements and sampling carried out during the three previous calendar months. The First Discharge Monitoring Report shall be submitted for a period ending 60 days from issuance. Thereafter, reporting periods shall end on the last date of each month. The applicant shall submit a Discharge Monitoring Report post marked not later than 28th day of the month following each completed reporting period.
7. Limitation of Discharge of Oil and Hazardous Substance in harmful quantities. - The applicant shall not discharge oil in quantities defined as harmful in regulations. In addition, the applicant shall not discharge hazardous substance into natural water course in quantities defined as harmful in regulations promulgated by the Board. Nothing in the Consent shall be deemed to preclude the institution of any legal action nor relieve the applicant from any responsibilities, liabilities or penalties to which the applicant is or may be subject to clauses. 8. Limitation of Visible Floating Solids and Foam. - During the period beginning `date of issuance' and lasting until the date of expiration of this Consent the applicant shall not discharge floating solids or visible foam. 9. Disposal of Collected Solids-(a) Intake Water Treatment. - Solids, sludges, dirt, silt or other pollutants separated from or resulting from treatment of intake or supply water period to use by the applicant shall be disposed of in such a manner as to prevent any pollutant from such materials from entering any such water. Any live fish, shell fish or other animals collected or trapped as a result of intake water screening or treatment may be returned to water body habitant.(b) Waste Water Treatment. - Solids, sludges, filter, backwash or other pollutants removed from or resulting from treatment or control of waste water shall be disposed of in such a manner as to prevent any pollution from such materials from entering natural water.
10. Non-compliance with Effluent Limitations. - (a) If for any reason the applicant docs not comply with or will be unable to comply with any daily maximum effluent limitations specified in this Consent, the applicant shall immediately notify the Consent Issuing Authority or his designee by telephone No. Bhopal 62143 or 62167 and provide the Consent Issuing Authority with the following information in writing within 5 days of such notification :-(a) Cause of non-compliance;
(b) A description of the non-complying discharge including its impact upon the receiving waters;
(c) Anticipated time the condition of non-compliance is expected to continue or if such condition has been corrected, the duration of period of non-compliance;
(d) Steps taken by the applicant to reduce and eliminate the non-complying discharge; and
(e) Steps to be taken by the applicant to prevent recurrence of condition of non-compliance.
(b) The applicant shall take all reasonable steps to minimize any adverse impact to natural waters resulting from non-compliance with any effluent limitation specified in his Consent including such accelerated or additional monitoring as necessary lo determine the nature and impact of the non-complying discharge.
(c) Nothing in this Consent shall be construed lo relieve the applicant from civil or criminal penalties for non-compliance, whether or not such non-compliance is due to factors beyond its control such as equipment break-down, electric power failure, accident or natural disaster.
11. Limitation of Batch Discharges. Special Conditions 12. Provision for Electric Power Failure. - The applicant shall cither :-(a) no later than ...... certify in writing to the Consent Issuing Authority that the applicant has installed or provided for an alternative electric power sources sufficient to operate facilities utilized by the applicant to maintain compliance with the terms and conditions of the Consent; or
(b) no later than 30 days after the effective date of this Consent, certify in writing to the Consent Issuing Authority that upon the reduction, loss, or failure of one or more of the primary sources of electric power to any facilities utilised by the applicant to maintain compliance with the terms and conditions of this consent, the applicant shall halt, reduce or otherwise control production and/or all discharges in order to maintain compliance with the terms and conditions of this Consent.
13. Prohibition of By-pass of Treatment Facilities. - The diversion or by pass of any discharge from facilities utilised by the applicant to maintain compliance with the terms and conditions of this Consent is prohibited except :-(i) where unavoidable to prevent loss of life or severe property damage; or
(ii) where excessive storm drainage or run-off would damage any facilities necessary for compliance with terms and conditions of this Consent. The applicant shall immediately notify the Consent Issuing Authority in writing of each such diversion or by pass in accordance with the procedure specified above for reporting non-compliance.-
14. Spill Prevention and Containment Plan. - Within 90 days of the effective date of this Consent the applicant shall prepare and submit to the Consent Issuing Authority, a Spill Prevention, containment and Counter-measure Plan for the facility covered by this Consent. Such plan shall include the following information and procedures relating to the prevention of spills and unauthorised discharges of oil and hazardous substances :-(a) a description of a reporting system to be used to notify immediately persons responsible for management of the facility and appropriate State and Central authorities;
(b) a description of equipment or facilities (including overall facility) for the prevention, containment, or treatment of spills and unauthorized discharges;
(c) a list of all oil and hazardous materials used, processed or stored at the facility including the normal quantity maintained on the premises for each listed material;
(d) a brief description of any spills or unauthorized discharges which occurred during the 36 months period preceding the effective date of this Consent and subsequent measures taken by the applicant to prevent or reduce the possibility of further spills or unauthorized discharges; and
(e) an implementation schedule for additional equipment or facilities which might be required for sub-para (b) above but which are not yet operational.
15. Interim Effluent Requirement. - This Consent and the authorization to discharge shall expire on midnight of the applicant shall not discharge after the date of expiration, the applicant shall submit such information forms and fees as required by the Board not later than 180 days prior to the above date of expiration.[See Rule 3]
Application for consent for establishing or taking any steps for establishment of Industry/operation process/of any treatment/disposal system or discharge, continuation of discharge under Section 25 or Section 26 of the Water (Prevention and Control of Pollution) Act, 1974. Dated........... FromI/we hereby apply for Consent/Renewal of Consent under Section 25 or Section 26 of the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974) for establishing or taking any steps for establishment of Industry/operation process/of any treatment/disposal system to bring into use any new/altered outlet for discharge of * sewage/trade effluent*/to continue to discharge* sewage trade effluent* from land/premises owned by.....................
The other relevant details are as below :-1. Full name of the applicant..................
2. Nationality of the applicant................
3. State of the applicant :
(a) Individual
(b) Proprietary concern
(c) Partnership firm
(whether registered or unregistered).
(d) Joint Family concern
(e) Private Limited Company
(f) Public Limited Company
(g) Government Company
(1) State Government
(2) Central Government
(3) Union Territory
(h) Foreign Company
(if a foreign company, the details of registration, in operation etc.)
(i) Any other Association or Body.
4. Name, Address and Telephone Nos. of the Applicant [the full list of individuals, partners, Chairman (full time or part-time), Managing Directors, Managing Partners/Directors (full time or part-time), other kinds of office bearers are lo be furnished with their period of tenure in the respective office, with telephone Nos. and address].
5. Address of the Industry :
(Survey No., Khasra No., location as per the revenue record, Village Firka, Tahsil, District, Police Station or SIIO, jurisdiction of the First-Class Magistrate).
6. Details of commissioning etc. :-
(a) Approximate date of the proposed commissioning of work.
(b) Expected date of production.
7. Total number of employees expected to be employed.
8. Details of licence, if any obtained under the provisions of Industrial Development Regulation Act, 1951.
9. Name of the person authorised to sign this form (the original authorization except in the case of individual/proprietary concern is to be enclosed).
10. (a) Attach the list of all raw materials and chemicals used per month.
(b) Licensed Annual Capacity of the Factory/Industry.
11. State daily quantity of Water in kilolitres utilised and its source (domestic/industrial/process/boiler/cooling/others).
12. (a) State the daily maximum quantity of effluent and mode of disposal (sewer or drains or river).
Also such analysis report of the effluents. Type of effluent, quantity in kilolitres, mode of disposal.
(i) Domestic.
(ii) Industrial.
(b) Quality of effluent currently being discharged or expected to be discharged.
(c) Water monitoring arrangement is currently there or proposed.
13. State whether you have any treatment plant for industrial, domestic or combined effluents.
Yes/No
If yes, attach a description of the process of treatment brief. Attach information on the quality of treated effluent vis-a-vis the standards.
14. Stale details of solid wastes generated in the process or during waste treatment.
Description |
Quantity |
Method of Collection |
Method of disposal |
15. I/We further declare that the information furnished above is correct to the best (ii) my/our knowledge.
16. I We hereby submit that in case of change either of the point of discharge or quantity of discharge or its quality a fresh application for Consent shall be made and until such consent is granted no change shall be made.
17. I/We hereby agree to submit to the Central Board an application for renewal of consent one month in advance of the dale of expiry of the consented period for outlet/discharge if to be continued thereafter.
18. I/We undertake to furnish any other information within one month of its being called by the Central Board.
19. I/We enclose herewith cash receipt No./bank draft No ................. dated .......... for Rs............ (Rupees .......) in favour of the Chhattisgarh State Prevention and Control of Water Pollution Board, Bhopal, as fees payable under Section 25 of the Act.
Yours faithfully
...............................
Signature of the applicant