Puducherry Pollution Control Committee

FREQUENTLY ASKED QUESTIONS (FAQs)

 1. What are the types of consent?

There are three types of consent issued under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.

Stage 1: Consent to Establish:

All the industries and activities needing to start an unit must obtain consent to establish before actual commencement of the works for establishing the industry/activity.

Stage 2: Consent to Operate:

This consent needs to be taken before actual commencement of production including trial production. This consent is valid for a period of 1 year only except small/micro sized green category, which is valid permanently.

Stage 3: Renewal of Consent to Operate:

The consent to operate is renewed after certain period depending upon the category of the unit (i.e.) Green (Medium & Large) – 5 years, Orange – 4 years, Red – 3 Years.

2. Is there any prescribed form for that? If yes, where can I get it?

Prescribed application forms for the Consent to Establish (NOC from pollution angle),  Consent to Operate and Renewal under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, including application forms for authorizations are available at http://dste.puducherry.gov.in/ppccmain.htm website in downloadable format and can also be procured from all the offices of the PPCC on payment basis.

3. What are the fees applicable and where and how it should be paid?

· The fees for consent under Water and Air Act are payable based on consumption of water and Capital Investment of the industry (Including land, building and machinery without depreciation respectively). This information is available in the consent/ procedure section of this website http://dste.puducherry.gov.in/ppccmain.htm.

· The fees for authorization under Biomedical waste (Management & Handling) Rules, 1998 are linked to the bed capacity of hospital. This is also given in the authorization procedure section of this website http://dste.puducherry.gov.in/

· The fees for authorization under Hazardous waste (Management Handling & Transboundary Movement) Rules, 2008 are Rs.7500/- for a period of 5 years.

· The fees are payable in the form of DD or pay order in favour of Member Secretary – PPCC payable at Puducherry.

4. Has PPCC fixed any time limit for clearance of cases?

Yes. Normally all clearances are given within 4 months time which is the prescribed time under the respective Act.

5. If somebody wants to associate himself with PPCC for pollution control Clearance, which is the contact point?

This can be done with Head Office for Puducherry, Mahe and Yanam and concerned Regional Office at Karaikal.

6. Will PPCC officers be available for meaningful inter-action about pollution control matters?

Yes. PPCC officers participate in several interaction sessions during visitors time of 12.00 Noon to 1.00 P.M on all working days.

7. For reference purpose, can people access PPCC Library/Website?

Yes.

8. What are the 17 Categories of the major polluting industries?

Aluminium Smelter Pesticides

Caustic Soda Petrochemicals

Cement Drugs & Pharmaceuticals

Copper Smelter Pulp & Paper

Distilleries Oil Refineries

Dyes & Dye Intermediates Sugar

Fertiliser Thermal Power Plants

Integrated Iron & Steel Zinc Smelter

Tanneries

9. What are the parameters for which standards are prescribed?

Standards are prescribed for the following parameters:

Water: pH, BOD, COD, Total Dissolved Solids,  Suspended Solids, Ammonical Nitrogen, Oils & Grease, Fluorides, Calcium Hardness, Magnesium Hardness, Chloride, Total Hardness, Phosphate, Nitrate, etc.

Air: Particulate Matters (microns), SO₂, NO_x, Chlorine, Acid Mist, Ammonia, etc.,

10. What is the policy of PPCC with regard to plastic bags?

· G.O.Ms. No.20/2009/Envt. Dated 09.12.2009 of the Government of Puducherry stipulates that no person including a shopkeeper, vendor, wholesaler, retailer or trader, shall use, sell or store polythene or plastic carry bags of thickness 50 microns or below, of size less than 8 X 12 inches, disposable cups and plates of thickness 50 microns or below whatsoever, for supply of goods in the Union Territory of Puducherry.

· The other plastic carry bags, disposable cups and plates apart from the category mentioned above manufactured, used, sold or stored in the Union Territory of Puducherry shall contain the name of the manufacturing unit, address, thickness and size of the product printed on it.

11. What are the environmental and pollution related clearances required to set up and start an industry?

· Normally the PPCC's No Objection Certificate / Consent to Establish under Water Act and Air Act would be required to set up and start an industry.

· In regard to 39 specified industrial and infrastructure projects, Environmental Clearance from the MoE&F, Govt. of India and State Environment Department are also required as per Environmental Impact Assessment Notification dt.14/09/2006.

· The list of 39 categories of units is available at website http://dste.puducherry.gov.in/ppccmain.htm

For the industrial units, Municipal Solid Waste sites and other developmental activities located on the coastal stretches of bays, estuaries, creeks, rivers and back waters, Coastal Regulation Zone clearance is also required.

12. What are the Acts and Rules enforced by PPCC?

1. The Water (Prevention & Control of Pollution) Act 1974

2. The Water (Prevention & Control of Pollution) Rules, 1975

3. The Air (Prevention & Control of Pollution) (Union Territories) Act, 1981

4. The Air (Prevention & Control of Pollution) (Union Territories) Rules, 1983

5. The Water (Prevention & Control of Pollution) Cess Rules, 1977

6. The Water (Prevention & Control of Pollution) Cess Rules, 1978

7. The Environment Protection Act, 1986

8. The following Rules and Notifications framed under Environment (Protection) Act, 1986 :

· The Municipal Solid Waste ( Management and Handling) Rules, 2000

· Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008.

· Bio-Medical Waste (Management & Handling) Rules, 1998, and Amendment Rules 2000.

· Plastic Waste (Management & Handling) Rules, 2011.

· The Noise Pollution (Regulation & Control) Rules, 2000.

· Municipal Solid Wastes (Management & Handling) Rules, 2000.

· E-waste (Management and Handling) Rules 2011

· Batteries (Management and Handling) Rules, 2001

· The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.

· The Public Liability Insurance Act, 1991.

13. Is PPCC's role merely that of a regulator? Or does it play a facilitator's role also?

PPCC's primary role is of a regulator. However, it goes beyond regulation in order to advise all stake-holders involved in environment management and pollution control for compliance of the laws to organize the systems necessary for securing this objective and also to sensitize the laws and their implications.

14. What are the enforcement powers vested in PPCC?

The important enforcement powers vested in PPCC are laying down standards and securing their compliance, inspection and monitoring of all sources of pollution, issuance of notices with time limit to comply with the legal requirements, closure of the defaulter unit in grave cases and prosecution in cases of serious violation.

15.  Is PPCC's role confined to regulate industrial pollution only?

No. It is also concerned with management of municipal waste, bio-medical wastes, used lead acid batteries, hazardous chemicals, electronic wastes and some other aspects related to pollution. PPCC implements various Regulations and Notifications issued by the Ministry of Environment and Forests, Govt. of India, which are placed on the PPCCs website http://dste.puducherry.gov.in/ACT&RULES.HTM.

16. What role does PPCC play in pollution control?

· PPCC being a major regulator for implementation of environmental Laws and pollution control in the UT, plays an important role in securing sustainable development by enforcing various laws, rules, regulations, notifications etc. pertaining to prevention and control of pollution.

· It is also responsible for monitoring of pollution and for preventive and curative action. PPCCs role has become multi-disciplinary including command and control, Regulator, Facilitator, Management, Consultant and Guide to all the stake holders. Monitoring and surveillance has been one of the important functions of the Committee.

· Besides, that by dissemination of information on Environment Protection and Training to all Stake holders, creation of Awareness become one of the important function of the Committee u/s 17 of both the Water (Prevention & Control of Pollution) and the Air (Prevention & Control of Pollution) Act, 1981 respectively.

· PPCC is also supposed to initiate remediation or restoration process by imposing remediation cost and penalty with the approval of the CPCB under the provisions of the Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008. PPCC is also empowered to carry out certain urgent works, as are within its bound.

17. Is PPCC the only authority to control pollution?

PPCC is the chief regulator for a number of laws enacted and notified by the Government of India. However, it terms of other laws and also as implementing authority under environmental laws, authorities like District Magistrate, Govt. Departments like Transport Department, Inspectorate of Factories, Health Dept., Local Bodies, Forests and Environment Dept., Civil Supplies Dept., Industries Dept. etc. have also very important role to play in controlling pollution.

18. What is the purpose behind laying down standards for pollution control?

· The idea behind laying down standards is basically due to the realization that minimal pollution is rather inevitable in the production process. The environment has the capacity to absorb the minimal amount of pollution without any serious adverse impact.

· However, if this exceeds a certain limit, then the damage to environment cannot be avoided. The standards are fixed at the threshold, where the pollutants released by the production process do not lead to such a situation.

· In other words the standards are decided to contain the release of pollutant to the environment and thereby protect the overall quality of environment. In some cases, the standards are industry specific as well as location specific.

19. Who prescribes the standards for pollution control?

The standards are prescribed by the Ministry of Environment & Forest, Govt. of India, which are minimum uniform national standards, which cannot be relaxed by any Authority including SPCBs and Puducherry Pollution Control Committee, which can prescribe more stringent standards than whatever laid down by the MoEF, GoI, taking into consideration the local conditions.

20. How is PPCC connected to State Govt., CPCB and MoEF?

· PPCC is an autonomous statutory body. It enforces the delegated powers of CPCB.

· In certain administrative and technical matters, PPCC is responsible to State Government, Central Pollution Control Board and Ministry of Environment and Forests, Govt.of India.

· In critical matters, it is bound to go by the directions given by the State Government, CPCB or MoEF as the case may be.

A. What exactly is meant by monitoring of the industrial unit?

Monitoring of the industrial unit means sending out the monitoring teams comprised of skilled technical & scientific officers to verify the compliance of conditions imposed in NOC, Consent, Authorization etc. Monitoring includes performance evaluation of Environment Management System (EMS) in respect of Committee's notices/directives and checking the compliance of Environmental Clearance conditions such that no violation of law takes place.

B. What are the control mechanisms developed in PPCC in order to ensure that polluting units are really complying with the regulation?

PPCC has set up mechanisms to analyze the reports received from the monitoring teams and the laboratory verifies the samples and also verifies the compliance of other techno-legal requirements that the unit has to comply with. Based upon the findings so arrived at enforcement measures are taken. In certain cases surprise checking/ monitoring are also carried out.

C. What is the set up in PPCC for attending to the complaints and for redressal of grievances?

PPCC attends to the complaints promptly by inspection, monitoring and verification through its Officers or by sending special teams to visit the site and report back. Both written and oral complaints are attended on a priority basis.

D. What are the appeal provisions available in rejection cases?

Any person aggrieved by the order of Consent under Water Act can file an appeal to the Appellate Authority under Water (Prevention and Control of Pollution) Act, 1974 constituted by Government of Puducherry. Appeals under Air (Prevention and Control of Pollution) Act 1989, shall be made to the Joint Secretary (CP), Ministry of Environment and Forests, New Delhi. Appeals under Environment (Protection) Act 1986, shall be made to the National Green Tribunal.

21. What are the responsibilities of polluting industry to prevent and control pollution?

· Permission like Consent and or Environmental Clearance need to be obtained before setting up of an industrial unit and Consent/Authorization are mandatory before starting the production.

· Running a polluting industry without the mandatory clearances is an offence and such unit will be liable to face stringent actions like closure and prosecution.

· Clearances are given for stipulated period and they need to be renewed before the term expires.

Activities like contaminating the land by illegal dumping of hazardous wastes will invite penal provisions like fine and restoration of the contaminated land at the cost of the polluter, in addition to other steps.

A. What is meant by "End of the pipe treatment"?

"End of the pipe treatment" connotes the present arrangements under which the industry is allowed to carry on with the production process and treat the waste as per the stipulated standards and dispose of the same.

22. What is the alternative to end of the pipeline approach?

The alternative is waste prevention and minimization, by implementing suitable Best Available Technology (BAT) for minimization of waste generation. Waste can be effectively segregated, recycled and reused so as to minimize the waste load.

23. Is it possible to prevent generation of waste by industries?

Yes. It is a question of using the right process technology and other measures for waste prevention mentioned above. With the advancement of new process technologies and raw materials, there is steady improvement towards prevention of generation of waste in some industrial sectors. These processes, however, have not reached such a stage that complete prevention of waste generation by all industries is possible.

24. What are the methods in practice for waste reduction, recycling and reuse?

Cleaner Technological options, ensuring mass balance, stochiometry and to improve the process with respect to yield, Reverse Osmosis, Distillation, solvent/Heavy Metals recovery, clarification, purification, use of waste as a raw material, waste exchange etc are some of the proven methods.

A. Is it permissible to send reusable hazardous waste for reuse in other States?

Yes, subject to the provisions contained in Rules of the Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008.

25. What can a citizen do to prevent and control pollution?

· A citizen can do much by adopting a code of conduct for himself as per various Environmental Laws and Rules passed by the Central and State Governments to desist from all activity which may pollute the environment.

· He can also bring to the notice of the authorities including PPCC about the violation of laws meant to protect environment.

· He can also sensitize the neighborhood about the right practices for preventing the damage to environment through Neighborhood Associations, Voluntary Organizations etc.

· In extra-ordinary situation, citizens have the legal right to approach the Court of Law after giving 60 days notice to PPCC and other Government Departments including the violator(s) in the prescribed format.

26. What can be done with regard to polluting vehicles?

Norms in this regard have been notified under the Motor Vehicles Act and the same are implemented by Transport Department.

27. Where does one can complaint against a polluting unit?

Complaint about violator of pollution control laws can be brought to the notice of the Member Secretary - PPCC. Complaints on public nuisance shall be launched to Police Department / concerned Municipalities or Panchayat.

28. Can citizen take recourse to court action against a polluting unit?

Yes. If for serious violation of law, no action is taken by the authority, a citizen can approach the court of law after giving 60 days notice to PPCC.

29. Where shall I register my complaint about noise pollution, automobile exhaust, Odour, nuisance, mangrove cutting etc?

The citizens can register complaint about their environmental concerns as under,

30. Are small units exempted from the regulations pertaining to pollution control?

The law is applicable to all units irrespective of size.