Chandigarh Pollution Control Committee

Central Pollution Control Board has delegated all of its powers and functions under the Water (Prevention & Control of Pollution) Act, 1974; Air (Prevention & Control of Pollution) Act, 1981 to Chandigarh Pollution Control Committee in the year 1992. As per decision of Coimbatore Charter, the Chandigarh Pollution Control Committee has been reconstituted to have wider technical representation.

The Committee is responsible to manage, prevent and control water pollution, air pollution and preservation of the quality of air in U.T. of Chandigarh. The functions of the Committee are specified in detail under section 17(1) and (2) of the water (Prevention and Control of Pollution) Act, 1974 and air (Prevention and Control of Pollution) Act, 1981.

VARIOUS LEGISLATIONS UNDER WHICH COMMITTEE IS PERFORMING FUNCTIONS

The Water (Prevention & Control of Pollution) Act, 1974

The Water (Prevention & Control of Pollution) Act, 1974 provides for the prevention and control of Water pollution and maintaining and restoring the wholesomeness of water, for the establishment with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and arising to such Board powers and functions relating thereto and for matters connected therewith. The Central and State Pollution control Boards have been constituted in India under the provisions of this Act. The Committee is responsible for grant of consent for using an outlet for discharge of Trade/Sewage effluent, monitoring of effluent/sewage treatment plants prosecutions. The Committee has also powers under section 33-A to issue an order to any authority which includes disconnection of power/water supply.

Water (Prevention & Control of Pollution) Cess Act, 1977

The Cess Act of 1977 have been enacted with a view to provide for the levy and collection of cess on water consumed by the persons carrying out certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Pollution Control Boards constituted under the water (Prevention & Control of Pollution) Act, 1974. The Cess collected is deposited in the consolidated fund of India out of which about 80% is reimbursed to Chandigarh Pollution Control Committee, which forms its funds. Last Year Rs 21,69,662/- were received from the ministry and this year a target for cess collection is Rs 28 lacs. These funds forms the funds of Committee.

Air (Prevention & Control of Pollution) Act, 1981

The Air Act of 1981 is similar to Water Act of 1974 and aims at the Prevention Control and abatement of air pollution. The Act further provides that the State Boards constituted under the Water Act, 1977 to exercise powers and perform the functions under Air Act also. Like Water Act, Committee is responsible for grant of consent for using an emission outlet, monitoring of emissions, prosecutions. The Committee has powers under Section 31-A to issue an order to any authority which includes disconnection of power/water supply to force an industry to install pollution control equipment.

The Environment (Protection) Act, 1986

This is a comprehensive legislation which aims for the protection and improvement of environment and matters connected therewith. The Act also includes the provisions of the prevention of hazards to human beings, other living creatures, plants and property.  Under the provisions of the Act various Laboratories called environmental laboratory have been recognized all over India. The Ministry has also notified standards for liquid, gaseous and solid wastes under the Act. The Ministry has notified the following important rules under the Environment (Protection) Act, 1986 .

Hazardous Waste (Management & Handling) Rules, 1989

These rules provide for the control of import, export, storage and disposal of hazardous waste. These rules have been amended in 2000 and in 2003 and classification of wastes has now been changed. About 36 processes have been included which have 125 waste streams from where the hazardous wastes are generated. In addition 78 substances have been listed with concentration limits. The State Pollution Control Boards have been authorized to monitor the compliance of the various provisions of the rules. The import/export of wastes is being implemented by the Ministry of Environment & Forests/CPCB directly and Committee is the prescribed authority for grant of authorization for storage, transportation of hazardous wastes. A survey was carried out with the help of Central Pollution Control Board in the year 1996. But due to amendments in the rules in the year 2000. This survey has no relevance and Central Board has been requested to conduct fresh survey to identify the new wastes if any. A fresh survey was also carried out in year 2004 and report has been sent to CPCB/MoEF.

The waste generated is stored in the premises of the unit and would be disposed off in the proposed hazardous waste treatment and disposal facility coming up in Punjab near Derabassi. Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 These rules have been framed in relation to chemical hazards and provide for controlled import, storage and manufacturing of chemicals. The chemicals have been further classified as Toxic, flammable, explosives, 684 chemicals such chemicals have been listed in the schedule attached to these rules. The Committee is responsible for limited functions under the rules i.e. the grant of authorization isolated stage. Rest functions are performed by other authorities.

Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro- Organism, 1989

These rules are applicable in case of sale, storage for the purpose of sale, any kind of handling over, export and import of genetically engineered cells, production, manufacturing, process, storage, import, draining off, packaging and repacking of
genetically engineering products. Various types of hazardous microorganisms have been listed in these rules. Bio-Medical Wastes (Management & Handling) Rules, 1998 These rules are applicable to all the persons who generate, collect receive, store, transport, treat, dispose of and handle bio-medical waste in any form. Every occupier of an institution generating Bio-medical Waste which includes an Hospital, nursing home, clinic, dispensary , veterinary institution, pathological laboratory, blood bank by whatever name called to take steps to ensure that such wastes is handled without any adverse effect to human health. The Committee is prescribed authority for the grant of authorization for handling, collection, treatment, transportation of Bio-medical wastes in U.T., Chandigarh. An information booklet on the rules is placed below at Flag `C’.

Recycled Plastic Manufacturer and Usage Rules, 1999

These rules were notified by Govt. of India in the year 1999 and further amended in 2003 to have control on the manufacture sale and use of virgin and recycled plastic carry bags and recycled plastic containers. All vendors are prohibited from using carry bags or containers made of recycled plastic for storing, carrying dispensing, or packaging of food stuffs. The use of recycled carry bags for other purposes have also been regulated and minimum thickness of carry bags made and virgin plastic have also been provided. The District Magistrate has been made responsible for the enforcement of rules and committee is responsible for control at manufacturing level. There are 20 number of units manufacturing polythene bags and plastic container in U.T., Chandigarh.

Use of Fly Ash Notification 1999

This notification has been issued to protect environment, conserve top soil and prevent dumping and disposal of fly ash discharged from coal or lignite based thermal power plants as per this Notification. Al the brick kilns in a radius of 100 kms from thermal power plants are required to utilize at least 25% of ash with the soil for making bricks. Every construction agency engaged in the construction of buildings within a radius of fifty to one hundred kilometers from a coal or lignite based thermal power plant shall use fly ash bricks or blocks or tiles or clay fly ash bricks or cement fly ash bricks or blocks or similar products or a combination or aggregate of them in such construction as per the following minimum percentage (by volume) of the total bricks, blocks and tiles as the case may be used in each construction project, namely:

• 25 per cent by 31st August 2004
• 50 per cent by 31st August, 2005
• 75 per cent by 31st August 2006
• 100 per cent by 31st August 2007

In respect of construction of building within a radius of 50 kilometers from a coal or lignite based thermal power plant the following minimum per centage by volume of use of bricks, blocks and tiles shall apply:-

• 50 per cent by 31st August 2004
• 100 per cent by 31st August 2005

Noise Pollution (Regulation & Control) Rules, 2000

This is one of the latest legislation aimed at the reduction of ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, generator sets, loud speakers, public address system, music systems, vehicular horns and other mechanical devices. Under these rules the State Govt. are required to categorize the areas into industrial commercial, residential or silence area/zones. An area comprising not less than 100 meters around hospitals, educational institutions and courts is to be declared as silence zones/area. The Chandigarh Administration has categorized the different areas of Union Territory of Chandigarh into industrial, commercial, residential and silence zones vide Notification No. 938-HII-2002/6214 dated 28.3.2002.

Municipal Solid Waste Rules 2000

It is comprehensive legislation that is applicable to every municipal authority responsible for collection, regeneration, storage, transportation, processing and disposal of municipal solid wastes. Every municipal authority has been made responsible for the implementation of the provisions of these rules and for any infrastructure development. Comprehensive guidelines has also been provided for collection of municipal waste, regeneration of municipal solid wastes, storage of municipal solid wastes, transportation of municipal solid wastes and processing. The main responsibility of implementing the rules is with the Municipal Corporation. The Corporation is required to send the report to Chandigarh Pollution Control Committee every year. A MoU has been signed between CPCB, CPCC and M.C., Chandigarh to set up a Model Facility for Demonstration of Municipal Solid Waste for Implementation of the Municipal Solid Waste Rules.

STAFF POSITION

APPELLATE AUTHORITY

• Water (Prevention & Control of Pollution) Act, 1974

Adviser to the Administrator is Single Member appellate authority to hear appeals against the orders of Committee under the provisions of Water Act, 1974.

• Air (Prevention & Control of Pollution) Act, 1981
  • Joint Secretary to the Govt. of India,
  • Ministry of Environment & Forests
  • To hear appeals under the provisions of Air Act, 1981.
     
• Water (Prevention & Control of Pollution) Cess Act, 1977
  • Secretary Environment - Chairman
  • Director Environment - Member
  • Divisional Forest Officer - Member
     
• Bio-Medical Waste Rules

Chairman, Central Pollution Control Board is single authority to hear the appeals.

THRUST AREAS

NATIONAL AMBIENT AIR QUALITY PROGRAMME

Under the National Ambient Air Quality Monitoring Programme Central Pollution Control Board is providing partial funds for running three Ambient Air Quality Monitoring Stations. One station is located in the Industrial Area and other station in the office building of the Chandigarh Pollution Control Committee and the third station is running in Punjab Engineering College. The CPCC is also going to start two more air quality monitoring stations one in Govt. College for Girls, Sector 42 and another in village Kaimbwala, U.T., Chandigarh.

ESTABLISHMENT OF LABORATORY

The Ministry of Environment & Forests has sanctioned Rs. 17.00 lakhs for establishment of Grade `B’Laboratory for the Chandigarh Pollution Control Committee. The first phase of establishment was completed during 1994-95. Additional funds are being provided by the Ministry to upgrade the Laboratory. As the expansion of Laboratory is linked with the sanctioning of staff, the matter is being taken up with the Ministry.

RATIONALIZATION OF CONSENT PROCEDURE

The rationalization of consent procedure as per guidelines of the Central Pollution Control Board on the basis of classification of industries for consent management has been done. The industries have been categorized into red, orange and green depending upon pollution potential and consent is being granted for 5, 10, 15 years period respectively. In addition, single form has been prescribed for taking consent under Water Act, Air Act and Authorization under Hazardous Waste Management Rules.

FINANCIAL POWERS

The Chandigarh Pollution Control Committee has delegated administrative and financial powers to the Chairman and Member Secretary in its 9th Meeting.

CONSENT MANAGEMENT

The Committee grants consent Under Section 25 of Water (Prevention & Control of Pollution) Act,1974 and Under Section 21 of Air (Prevention & Control of Pollution) Act, 1981 for the discharge of trade effluents and discharge of emissions respectively. These consents are granted subject to some conditions regarding adherence to standards are given. The Committee also grants Authorization under Bio Medical Rules & Hazardous Waste Rules. The Committee in its meeting held on 11.10.1991 has authorized the Chairman and Member Secretary to grant consents as below:

Chairman : To give approval for the grant or refusal of consents for establishment of a new industry and grant of consents to the units who apply for first time for such consents.

Member Secretary : To grant or refuse consent for the units who apply after the expiry of previous consent orders.

• List of Consent Files (as on 06.04.2010)
• List of files under Water Cess Act
• List of Authorized Health Care Units (as on 26.03.2010)
• List of Units granted Consent for Operation (as on 30.07.2009)