(V)The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions

The water (Prevention and Control  of Pollution) Act, 1997

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

I)  Act :
The water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention & Control of Pollution)(Amendment) Act, 1988 – came in force in Goa with effect from 07-08-1989. (Refer Notification no. 15-1-88-STE dated 01.09.1989)

 Rules :

The Water (Prevention & Control of Pollution) Rules, 1988 - came in force from 23.09.1988

Goa Water (Prevention & Control of Pollution) (Amendment) Rules, 1997-came into force from 22.09.1997

Goa Water (Prevention & Control of Pollution) (Amendment) Rules, 1998 - came in force from 03.09.1998

Goa Water (Prevention & Control of Pollution) (Amendment) Rules, 1999 – came into force from 16.08.1999

Goa Water (Prevention & Control of Pollution) (Amendment) Rules, 2002  - came into force from 30.03.2002

 Jurisdiction :water (Prevention & Control of Pollution) (Amendment) Act 1988 adopted in the state of Goa w.e.f.07.08..1989

Appeal The Goa Water (Prevention & Control of Pollution) Appeal Rules, 1989

The Goa Water (Prevention & Control of Pollution) Appeal (Amendment) Rules, 1997 – came in force from 22.09.1997

 Important Provisions

 Sub-section (1), Section 4: Constitution of State Board by State Govt.  for Prevention & Control of Water Pollution

 Sub- section (2), section 25 – Application for consent to be accompanied by fees.

 Sub- section (7), section 25-   The  consent referred to in sub-section (1),section 25  shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making  of an application in this behalf complete in all respect to the State  Board .

 Sub-section (1) & (2), section 28: Constitution of Appellate Authority vide Notification No. 5-4-88-STE   dated. 19.03.1997

  Clause (b), Sub-section (1),Section 52 – Specification of NIO, Dona Paula as State Water Laboratory  vide Notification No. 15-2-89-STE Dt. 11.08.1989

 Sub-section (2), section 53 : Appointment of Dr. R. Sen Gupta, Deputy Director (Chemist) & Dr. A. H. Parulekar, Asstt. Director (Biologist) in NIO, as Govt. Analysts.

 
The Air (Prevention & Control of Pollution) Act, 1981 
I) Act 

 The Air (Prevention & Control of Pollution) Act 1981 published in Official Gazette, Govt. of Goa, Dt. 28.12.1982, series I, No. 39 -– came into force in whole of India on 16.05.1981

 The Air (Prevention & Control of Pollution) (Amendment) Act, 1987

II)  Rules

Goa Air(Prevention & Control of Pollution) Rules, 1989 – came in force from 10.04.1989

(Published in Off. Gazette Dt. 10.04.1989, series I, No. 1)

 III) Jurisdiction :

         Air Pollution control areas extended to the remaining areas of State of Goa w.e.f. 02.01.1992 (Published in official gazette Dt. 02.01.1992, Series I, No. 40)

IV) Appeal:

        Goa Air (Prevention & Control of Pollution) Appeal Rules, 1997 – came into force from 29.09.1997 published in official gazette of Govt. of Goa series I, No. 26 Dt. 29.09.1997

 Important Provisions

       Section 5 – Constitution of State Board by State Govt. for the prevention of Control of        

 Air Pollution.

 Sub- section (1), section 21 – Application for consent to be accompanied by fees.

 Sub- section (4), section 21– Within a period of 4 months after the receipt of application the GSPCB may grant/reject the application

 Section 22 A – Power of Board to make application to court for restraining such person

      from causing Air Pollution.

  Sub- section (1) & (2) ,section 31  -Constitution of Appellate Authority ( Notification No. 5-4-88-STE Dt. 19.03.1997)

       Sub-section (1), section 51 – Maintenance of register containing particulars of the person            to whom  consent  has been granted under section 21, the standards for  emission laid  down in   relation to consent.

 Clause (b), sub-section (1), section 28 – specification of Public Health Institute, Govt. of Karnataka, Bangalore as State Air Laboratory

 Sub- section (1), section 29 – Appointment of Smt. S. Thare, Govt. Analyst, PHI, Bangalore as Govt Analyst.

  

The Environment (Protection) Act, 1986

 I) Act:

The Environment (Protection) Act 1986 came into force on 19.11.1986

  II) Rules:

The Environment (Protection) Rules 1986 came into force on 19.11.1986

 III) Jurisdiction: The whole of India.

 Important Provisions :

Sub-rule (1), rule 3 - The Standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in Schedules I to IV.

Sub-rule (3), rule 3 – The Standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) of rule 3 shall be complied with by an industry, operation or process with a period of one year of being so specified.

Sub-rule (3A), rule 3  --The emission or discharge of environmental pollutants from the 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 & standards specified in schedule VI – General Standards for Discharge of Environmental Pollutants

Part A – Effluents

Part B- Waste water Generation Standards

Part C – Load based standards

Part D  - General Emission Standards

Part E- Noise Standards along with Annexure I  (for Part A, B & C) & Annexure II (for Part D)

 Sub-rule (3B) rule 3 – The combined effect of emission or discharge of environmental pollutants in an area, from industries, operations, process, automobiles and domestic sources, shall not be permitted to exceed the relevant concentration in ambient air as specified against each pollutants in column (3) & (5) of schedule VII

Rule 14 : Every person carrying on an industry operation or process requiring consent under section 25 of the water (Prevention & control of pollution) Act, 1974 or under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 or both or authorization under the Hazardous Waste (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 shall submit an environmental statement for the financial year ending on the 31st March in Form V to the concerned state Pollution Control Board on or before the 30th day of September every year beginning 1993.

     The Hazardous Wastes (Management & Handling) Rules, 1989

 Rules :The Hazardous Wastes (Management & Handling) (Amendment) Rules, 2003

 Jurisdiction : These Rules apply to the whole of India – came into force on 28.07.1989

 Important Provisions :

Sub-rule (2)&(3), Rule 5  Every occupier handling, or a recycler recycling  hazardous wastes shall make an application in Form 1 for grant of authorization for any of the said activity.

     Sub-rule (4A), rule 5 : Board to process the authorization application within 19 days of the receipt of such application.

 Sub rule (5), rule 5 :The authorization to operate a facility shall be issued in form 2 & shall be subject to the conditions laid down therein.

 Sub-rule (6(ii)), rule 5 :The application for the renewal of an authorization shall be made in Form 1 before its expiry.

 Sub-rule (7), rule 5 : Refusal to grant authorization by Board. 

      Sub-rule( 8 (i)), rule 5 Submission of annual returns by the occupier or operator of the facility in Form 4 for renewal purpose by 31st       January of every year 

Sub-rule (9), rule 5 : Maintenance of register containing particulars of the conditions imposed under the rules

 Rule 6 : Power to suspend or cancel an authorization.

 Sub-rule (4) & (5), rule 7 :The occupier shall prepare six copies of the manifest in Form 9 comprising of colour code & forward copy No. 1 (white) to SPCB. No transporter shall accept hazardous wastes from an occupier for transport unless copy numbers 2 to 5 of the manifest accompanies it.

 Rule 8 : Disposal sites for establishing the facility for treatment, storage & disposal of hazardous wastes.

 Sub-rule (3), Rule 8 :The operator of a facility, occupier shall undertake an Environment impact assessment (EIA) of the selected site.

 Sub-rule (2), Rule 18 : Appeal to be presented within thirty days of the receipt of order passed.

 Sub-rule (3), rule 18 :Every appeal to be disposed with a period of sixty days from the date of such filing.

  Sub-rule (6), rule 19 :Every application for renewal of registration of a certificate of registration shall be made at least two months before the expiry of the period of validity of such certificate.

 Sub-rule (13), rule 19 : For recyclers & re-refiners:Filing of annual return in Form 12 to the respective State Pollution Control Board latest by 31st January of every year.

 Sub-rule (5), rule 20 : For Waste generators & auctioneersFiling of annual returns of auction & sale in Form 13 to the respective State Pollution Control Board latest by 31st January of every year.

 Rule21 : State Pollution control Board to inspect the recycling & re-refining units within three months of the expiry of the six months period allowed switching over to other environmentally sound technology and submitting compliance report to Central Pollution Control Board.  

The Municipal Solid Wastes (Management & Handling) Rules, 2000

 Rules :The Municipal Solid Wastes (Management & Handling) Rules, 2000

 Jurisdiction :These rules apply to the whole of India – Came into force on 03.10.2000

 Important Provisions :

Rule 2 : These rules apply to every Municipal authority responsible for collection, segregation, storage, transportation, processing & disposal of Municipal Solid Wastes.

 Sub-rule (2), rule 4 :Application for grant of authorization for setting up waste processing and disposal facility including landfills in Form I.

Sub-rule (4), rule 4 :Submission of annual report by Municipal Authority in Form II on or before 30th June of every year.

 Sub-rule (2), rule (5) :District Magistrate shall have the overall responsibility for enforcement of the rules.

 Sub-rule (1), rule (6) :State Pollution Board to monitor the compliance of the standards regarding groundwater, ambient air, leachate quality and the compost quality including incineration standards as specified under schedules II, III & IV.

 Sub-rule (2), rule 6 :To consider the views of other agencies like State Urban Development Department, Town & Country Planning Dept, Air Port Authority, Ground Water Board prior to issuing the authorization.

 Sub-rule (3), rule 6 :Authorization to be issued within 45 days stipulating the compliance criteria and standards as specified in schedule II, III & IV

  Sub-rule (1), rule 7 :The management of Municipal Solid Wastes shall be as per the procedure laid down in Schedule II.

 Sub-rule (2), rule 7 :The waste processing & disposal facilities set up by Municipal Authority shall meet the specifications and standards as specified in schedule III & IV.

Sub-rule (1), rule 8 :Submission of Annual report by State Board to Central Pollution Control Board by 15th September of every year in Form IV

 Rule 9 :Accident reporting to be done by Municipal Authority to District Collector in Form V

The Manufacture, Storage & import of Hazardous Chemicals Rules, 1989

 Rules :The Manufacture, Storage & import of Hazardous Chemicals Rules, 1989

 Jurisdiction :These rules apply to the whole of India – came into force on 27.11.1989

 Important Provisions :

 Sub-rule (1), rule (5) :The occupier shall notify within 48 hrs to the concerned authority and furnish a report relating to the accidents in installments, in schedule 6.

 Sub-rule (2), rule (5) :The concerned authority shall undertake a full analysis of the major accident & send the requisite information with 90 days to the MOEF through appropriate channel.

The Plastic Manufacture, Sale & Usage Rules, 1999

 The Plastic Manufacture, Sale & Usage Rules, 1999

 Jurisdiction :These rules apply to the whole of India – came into force on 02.09.1999

 

Important Provisions :

Sub-rule (a), rule 3 :The prescribed authority for enforcement of the provisions of the rules related to manufacture and recycling shall be the State Pollution Control Board.

 Sub-rule (b), rule 3 :The prescribed authority for enforcement of the provisions of the rules related to the use, collection, segregation, transportation & disposal shall be District Collector

 Rule 4 :Restrictions on manufacture sale, distribution & use of virgin & recycled plastic carry bags and recycled plastic containers.

 Rule 5 :Conditions of manufacture of carry bags & containers made of plastic

 Rule 6 :

Recycling of plastic shall be strictly in accordance with Bureau of Indian Standards specification IS : 14534 – 1998 entitled “The guidelines for Recycling of Plastics”

 Rule 7 :The manufacturer shall print on each packet of carry bags as to whether these are made of “recycled material or of “Virgin Plastic”

 Rule 8 :The minimum thickness of carry bags shall not be less than 20 microns.

 Sub-rule (1), rule 10 :Application for grant of registration/renewal in Form 1

 Sub-rule (3), rule 10 :Valid consent under the water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act 1981 required for registration/renewal.

 Sub-rule (4), rule 10 :Registration to be granted within 30 days of receipt of application complete in all respects.

 Sub-rule (5), rule 10 :

Registration valid for 3 years.

 Sub-rule(6), rule 10 :Renewal application to be made at least 60 days before to expiry of the validity of registration.

 

Noise Pollution (Regulation of Control) Rules, 2000

 Rules The Noise Pollution (Regulation of Control) Rules, 2000.

 Jurisdiction :These rules apply to the whole of India – came into force on 24.11.2000

 Important Provisions:

 Rule 6 : A person shall be  liable for penalty

 i)                    Whoever, plays an music or uses any sound amplifiers

ii)                   Whoever, beats a drum or tom – tom or blows a horn either musical or pressure or trumpet or beats or sound any instrument.

iii)                 Whoever , exhibits any mimetic & musical or other performance of a nature to attract crowds.

 Sub-rule (1),  rule (7) : A person may complain to the authority if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area.

 The Batteries (Management & Handling Rules), 2001

Rules : The Batteries (Management & Handling Rules), 2001

 Jurisdiction :These rules apply to the whole of India – came into force on 16/5/2001

 Important Provisions :

Rule 4 :Responsibilities of manufacture, importer, assembler and reconditioner

 Rule 5 :

Application for registration of recycler

 Sub-rule (i), rule 8 :

Application for registration of recycler in Form VI along with valid Water Consent, Air Consent, Certificate with District Industries Centre, Proof of installed capacity  issued by

 Environment Impact Assessment of development project notification dated 27th January, 1994 and 10/04/97

The Central Government imposed restrictions and prohibitions on the expansion and modernization of any activity or new projects listed in Schedule I appended to the Notification being undertaken in any part of India unless environmental clearance has been accorded by the Central Govt or the State Govt. in accordance with the procedure specified in the said Notification date 27/01/94 and 10/04/97. All the projects has to undergo mandatory process of Public hearing wherein the views suggestions, objections for according Environmental Clearance.