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Functions
and Responsibilities of the Gujarat Pollution Control Board :
The Government of Gujarat
constituted Gujarat Pollution Control Board [GPCB] in 1974 as per Water
(Prevention and Control of Pollution) Act, 1974. GPCB implements various
Central Acts and rules on pollution control. Some of them are :
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The Water
(Prevention and Control of Pollution) Act, 1974.
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The Water
(Prevention and Control of Pollution) Cess Act, 1977.
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The Air
(Prevention and Control of Pollution) Act, 1981.
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The Hazardous
Wastes (Management and Handling) Rules, 1989 as amended in 2000.
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The
Manufacture, Storage and Import (MSI) of Hazardous Chemicals Rules, 1989.
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Bio-medicate
Waste (M&H) Rules, 1997
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Environment
Impact Assessment Notification, 1994 including the Public Hearing Process
Notification, 1997.
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Public
Liability Insurance Act, 1991.
In addition
to above, it makes recommendation for conversion of agricultural land into
non-agricultural based on the merits.
Gujarat Pollution Control Board follows the following procedure to
scrutinize applications for the consent under the Water Act, 1974; consent
under the Air Act, 1981; Authorization under the Hazardous Waste (M&H) Rules
and No Objection Certificate for siting of industry :
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The Water
(Prevention and Control of Pollution) Act, 1974 :
As per provisions of the Water Act, any industry, person or an
organization responsible for the discharge of industrial or domestic
wastewater is required to apply in Form-D to obtain the consent of the
Board.
After scrutinizing the case with its merits and demerits and conducting the
physical monitoring with respect to its pollution potential and pollution
control measures, the decision it taken on the consent application.
It is an offense to discharge the wastewater without the consent of the
Board. Such breach of law is punishable with fine and/or imprisonment.
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The Water
( Prevention and Control of Pollution ) Cess Act, 1977 :
As per provisions of this Act, it is mandatory to pay Water Cess to the
Gujarat Pollution Control Board by every person or organization consuming
water resources in the State. It is necessary to give details of the water
consumption in Water Cess Statement Form I.
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The Air
(Prevention and Control of Pollution) Act, 1981.
As per provisions of the Air Act, any industry, person or an
organization responsible for emission of smoke or gas from stack/ chimney
due to burning of fuel or any other process for the discharge of Industrial
or domestic waste water is required to apply in the prescribed form i.e.
Form I to obtain the consent of the Board.
On receipt of the complete application, the site visit is arranged to carry
out monitoring and sampling. If the reports are satisfactory, then the file
is processed for conditional consent for a period of one year.
It is an offense to commence such industry without the consent of this
Board. Breach of provisions of this Act is punishable with fine and/
sentence.
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The
Hazardous Wastes (Management and Handling) Rules, 1989.
As per provisions of the Hazardous Wastes (Management and Handling)
Rules, 1989 framed under the Environment (Protection) Act, 1986 it is
mandatory to apply in Form I and obtain AUTHORIZATION of the Board, for
collection, reception, treatment, storage, transport, disposal etc. of the
hazardous wastes.
On receipt of the application for AUTHORIZATION the Board forwards a receipt
of the authorization fees received along with the application. The
application is scrutinized by Hazardous Waste unit based on the quantity and
quality of the hazardous waste generated by the industry, its category,
treatment, reuse and disposal facility for contentment of the hazardous
waste, measures taken for storage, transport, handling, reuse etc. of the
hazardous wastes.
The applicant is granted AUTHORIZATION based on merits of environmental
aspects or rejected either for the want of adequate information or improper
management of Hazardous Waste.
The act of collection, storage, transport, incineration, reuse or disposal
of such wastes without such AUTHORIZATION is an offense punishable with fine
and sentence.
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No
objection certificates [NOC] for location clearance :
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Non Polluting
Industries :
82 types of small and cottage industries which do not have any pollution
potential do not require consent or No Objection Certificate of this Board
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Other than
Non Polluting Industries :
In accordance with the provisions of Section 17 of the Water Act and the
environmental guidelines for siting of industries published by the Ministry
of Environment and Forests, Department of Environment, Government of India,
the Board advises concerned authorities and Department of Government in
respect of the location of an industry which is likely to pollute water or
air as a result of various processes / operations taking place therein. The
Board critically examines the location of the industry and the scheme
proposed for pollution control before issuing location clearance cases, then
determines the various conditions and requirements pertaining to
environmental pollution control. These conditions are conveyed to the
applicant and on receipt of the commitment by the applicant in respect of
fulfilling these requirements the Board issues location clearance
certificates.
NOC of this Board is helpful in getting land/plot, electricity supply, loan
from financial institutions, subsidy, sale tax, relief etc.
On receipt of the application for No Objection Certificate the Board
forwards a receipt of the NOC fee received along with the application.
Application is scrutinized to check that it is complete in all respect
including the payment of appropriate fees. Information missing is
immediately called for.
If the Board has recommended NA for the industrial purpose, then compliance
with the conditions is checked.
If NA is not obtained, then suitability of site is checked which includes
distance from the residential area, sensitive places, water bodies, highway,
railway etc. It is further evaluated from pollution potential aspects like
effluent treatability and disposal. If found suitable, site clearance
certificate is issued in the first stage.
After physical verification of compliance of the site clearance/NA
conditions, NOC is issued.
Only after compliance of N.O.C. conditions given by the Board and also the
consent of the Board under Water Act, 1974/ and Air Act, 1981, regular
production is permitted.
In addition
to above-mentioned regulatory functions, Gujarat Pollution Control Board is
a major advisory body on various aspects of the pollution and environmental
management in the State. It is implementing the projects funded by the
Ministry of Environment and Forests, Government of India, the Central
Pollution Control Board, and the World Bank and other funding agencies.
Under the Central Pollution Control Board programmes, the Gujarat Pollution
Control Board is preparing the Zoning Atlas for different Districts of the
State. Zoning Atlas is a nation wide environmental planning and mapping
programme for sustainable development of industries.
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