(l) The notice shall be in writing in Form IV.
(2) The person giving notice may send notice to-
(a) if the alleged offence has taken place in a Union territory (A) the Central Board and (B) Ministry of Environment and Forests (represented by the Secretary to Government of India);
(b) if the alleged offence has taken place in a State:
(A) the State Board; and (B) the Government of the State (represented by the Secretary to the State Government in-charge of environment); and (C) the Ministry of Environment and Forests (represented by the Secretary to the Government of India);
(3) The notice shall be sent by registered post acknowledgement due; and
(4) The period Of sixty days mentioned in clause (b) of section 19 of the Environment (Protection) Act, 1986 shall be reckoned from the date it is first received by one of the authorities mentioned above.
13[12. Furnishing of information to authorities and agencies in certain cases Where the discharge of environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person in charge of the place at which such discharge occurs or is apprehended to occur shall forth with intimate the fact of such occurrence or apprehension of such occurrence to all the following authorities or agencies, namely:-
(i) The officer-in-charge of emergency or disaster relief operation in a district or other region of a state or Union territory specified by whatever designation by the Government of the said State or Union territory, and in whose jurisdiction the industry, process or operation is located.
(ii) Central Board or a State Board as the case may be and its regional officer having local jurisdiction who have been delegated powers under section 20, 21, 23 of the Water (Prevention and Control of Pollution) Act 1974 (6 of l974)- and section 24 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).
(iii) The statutory authorities or agencies specified in column 3 in relation to places mentioned in column 2 against thereof of the Schedule II.]
14[13. Prohibition and restriction on the handling of hazardous substances in different areas
(1) The Central Government may take into consideration the following factors while prohibiting or restricting the handling of hazardous substances in different area is-
(i) The hazardous nature of the substance (either in qualitative or quantitative terms as far as may be) in terms of its damage causing potential to the environment, human beings, other living creatures, plants and property;
(ii) the substances that may be or likely to be readily available as substitutes for the substances proposed to be prohibited or restricted;
(iii) the indigenous availability of the substitute, or the state of technology available in the country for developing a safe substitute;
(iv) the gestation period that may be necessary for gradual introduction of a new substitute with a view to bringing about a total prohibition of the hazardous substance in question; and
(v) any other factor as may be considered by the Central Government to be relevant to the protection of environment.
(2) While prohibiting or restricting the handling of hazardous substances in an area including their imports and exports the Central Government shall follow the procedure hereinafter laid down-
(i) Whenever it appears to the Central Government that it is expedient to impose prohibition or restriction on the handling of hazardous substances in an area, it may, by notification in the Official Gazette and in such other manner as the Central Government may deem necessary from time to time, give notice of its intention to do so.
(ii) Every notification under clause (i) shall give a brief description of the hazardous substances and the geographical region or the area to which such notification pertains, and also specify the reasons for the imposition of prohibition or restriction on the handling of such hazardous substances in that region or area.
(iii) Any person interested in filing an objection against the imposition of prohibition or restrictions on the handling of hazardous substances as notified under clause (i) may do so in writing to the Central Government within sixty days from the dale of publication of the notification in the Official Gazette.
(iv) The Central Government shall within a period of ninety days from the date of publication of the notification in the Official Gazette consider all the objections received against such notification and may impose prohibition or restrictions on the handling of hazardous substances in a region or an area.]
15[14. Submission of environmental 16[Statement] Every person carrying on an industry, operation or process requiring consent under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or both or authorization under the Hazardous Wastes (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall submit an environmental audit report for the financial year ending the 31st March in Form V to the concerned State Pollution Control Board on or before the 17[thirtieth day of September] every year, beginning 1993.]
Notes:
1 Clauses (aa), (ee) and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27.10.89 published in the Gazette NO. 564 dated
27.10.89. These rules are- referred to as Principal Rules in all Notifications beginning with S.O. 82(E) published in the Gazette No.
66 dated 16.2.87.
2 Substituted by notification G.S.R 422(E) dated 19.5.93, published in the Gazette No. 174 dated 19.5.93.
3 Substituted ibid.
4 The sub-rule (3) of rule 3 inserted vide S.O. 23(E) dated 16.1.91.
5 The sub-rule (3A) of rule 3 inserted by rule 2(a)(iii) of the Environment Protection) Second Amendment Rules, 1993 notified vide G.S.R. 422(E) dated19.5.93, published in the Gazette No.174 dated 19.5.93.
6 Substituted by rule 2(a) of the Environment (Protection) Third Amendment Rules, 1993 notified vide Notification G.S.R. 801(E), dated 31.12.93, published in Gazette No.463 dated 31.12.93.
7 Substituted by Rule2(a) of the Environment (Protection) Second (Amendment) Rules, 1998 notified by notification G.S.R. 7, dated
22.12.98.
8 Sub-rule (6) and (7) of rule 3 were added by the Environment (Protection) Amendment Rule, 1992 vide G.S.R. 95(E) dated
12.02.1992.
9 Sub-rule (3) of rule 4 of the Principal Rules was re-numbered as sub-rule 3(a) and sub-rule 3(b) inserted vide Notification No. S.O.
64(E) published in the Gazette No. 42 dated 18.1.88.
10 Inserted by Rule 2 of the Environment (Protection) (Third Amendment) Rules, 1992 notified vide G.S.R. 562(E), dated 22.5.1992.
11 Substituted by Rule 2 of the Environment (Protection) Fourth Amendment) Rule, 1992 notified vide G.S.R. 636(E), dated
25.6.1992.
12 For rule 6 of the principal rules this rule was substitute vide S.O. 64(E) published in the Gazette No. 42 dated 18.1.88.
13 Rule 12 inserted vide Notification No. S.O. 32(E) dated 16.2.87 published in the Gazette No. 66 dated 16.2.87.
14 Rule 13 inserted vide Notification No G.S.R. 931(E) dated 27.10.89 published in the Gazette No. 564 dated 27.10.89.
15 Inserted by Rule 2 of the Environment (Protection) Second Amendment & Rules, 1992 vide G.S.R. 329(E), dated 13.03.92.
16 Substituted by Rule 2(a)(i) of the Environment (Protection) Amendment Rules, 1993 vide notification G.S.R. 386(E), dated
22.4.93.
17 Substituted by Rule 2(a)(ii), ibid.