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Siting norms for Screening Plants dated 04.10.2007

State Notification of Haryana · 198612,451 characters of text

The enactment

TypeNotification
Year1986
JurisdictionState of Haryana
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsenvironment

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

"dract from Haryana Government Gazette (Extra), dated the 4th October, 2007 } HARYANA GOVERNMENT ENVIRONMENT DEPARTMENT Notification The 4th October, 2007 No. 16/42/2005-Env.-IIL. —Whereas, it is nece: and expedient to take immediate steps under Sections 5 and 7 of the Environment (Protection) Act, 1986 (29 of 1986) and rule 4 of the Environment (Protection) Rules, 1986, o maintain ecological balance in the State of Haryana and to prevent environmental degradation and avoid traffic and human heaith hazards.

And, whereas, Screening Plants expose their immediate environment to the following adverse influences :—

(a) destruction of local flora, fauna and other organisms in the area of their operations;

(b) depletion of sub soil water resources due to heavy demand for water for washing of excavated material;

(¢} degradation of land in and around the Screening Plant site on account of heavy traffic of vehicles transporting material to and fro from the site;

(d) air polluiion on account of smoke emissions and dust raised by vehicles servicing the Screening Plant site;

() water pollution caused on account of discharge of washings of excavated and washed material;

() degradation of land areas,from which the material is excavated;

(g) noise pollution caused by operation of mechanical devices comprising the Screening Plant and by generator sets where in use, etc.

And, whereas, it has been made to appear that Screening Plants are being set up in yarious parts of the State in an unregulated and unplanned manner;

And, whereas, the State Government is committed to maintain ecological balance keeping in view the rapid industrial growth and its multifarious impact and also to maintain the sanctity of environment and to avoid health hazard for the citizens of the State;

And, whereas. the State Government is of the opinion that in view of the likely damage to the environment it is not expedient to provide an opportunity to invite objections against the proposed directions as required under subrule (3) of rule 4 of the Environment (Protection) Rules, {986, in public interest.

Now, therefore, in exercise of the powers conferred by Section 5 of the Environment (Protection) Act, 1986 (29 of 1986) read with Government of India, Ministry of Environment and Forests, Department of Environment, Forest and Wildlife, Notification No. S. O. 152(E), dated the 10th February, 1988, and in pursuance of the provisions of Section 7 of the said Act and Rule 4 of the Environment (Protection) Rules. 1986, the Governor of Haryana hereby issues the following directions for screening plant units in regard to sitting parazneter norms as per Schedule I and pollution control measures requirements as per Schedule 11 :—

SCHEDULE 1 Norms for sitting of screening plants in Haryana - — Sr. No. Criteria Distance in Kilometres 1 o 2 3 L. Minimum distance required from the Nearest National Highway 1.00

2. Munimum distance required from the Nearest State Highway 075

3. Minimum distance required from the Nearest Major District roads and other roads 0.50

4. Minimum distance required from the Nearest Metropolitan City 5.00

5. Mimimum distance required from the Municipal himits of any tows 2.00

6. Minimum distance required from the Nearest Town Abadi 1.50

9. Minirum distance required from the Nearest Vitlage Abadi

1.00

8. - Minimum distance required from the Nearest Tourist Complex

2.00

9. Mimimum distance required from any jand recorded as forest in Government 075 record 10, Minimum distance required from Approved Water Supply Project 1.00

11. Minimum distance required from any indoor treatment upit catering to 25 or 1.00 more indoor patients

12. Minimum distance required from notified Bird/Wild Life sanctuaries/a Nationai or 2.00 State Wild Lite Parks

13. Minimum distance from river or water channel. Nullah, drain 050

14. Minimum distance from any educational institution

1.00 Note— (i) Distances shall be measured foliowing the same principles and methodology as followed in measuring distances in Public Works Department, Building and Road Department or in the Revenue Department as per technical conditions and convenience.

(ii) No screening plant unit shall be allowed to operate within the Jimit of siting norms as detailed above.

Such screening plant units which are within the prohibited limits of siting criteria shall shift to the areas conforming siting distances within three months from the date of issuance of this notification.

(iii) No screening plant unit in Faridabad District would be allowed © be set up outside the identified crushing zone in Faridabad District.

SCHEDULE i1 . Dircetions regarding emission norms and pollution control measures and requirements :— Item No. 1

(i) The screening plant shall keep emissions and effluent discharge within the norms as prescribed under the Environment (Protection) Act/Rules, 1986. .

(i) The screening plant owner shal provide structuraily adequate settling tanks for settling of suspended solids in the effluents generated from the process and ensure recycling/reuse the treated water upto 90% 10 the process.

Item No. TX The following poliution control devices are required to be installed and operated as a mandatory obligation by the screening plant owner :— {i) Construction of metalled road within ihe premises of the screcning plant;

(ii) The screening plant owner shall stack its raw/processed material only in the screening plant area which should be properly identified and, preferably, enclosed by a wall.

(i) Regular cleaning and wetting of the ground within the premises of the screening plant and the road ieading to such screening plant for dust containment;

(iv) Growing of the green beit along the periphery of the screening plant. The depth of the green belt to be.

provided by the screenig plant unit should be at least ten meters all along the periphery and total number of the trees so planted and properly maintained being not less then five hundred trees:

(v) The silt generated by the screening plant shall be disposed of scientifically in the low lying areas and owner of screening plant shall make a proper plan for the same;

(vi) The screening plant owner shall ensure that the material received for screening/processing comes from approved mining area, where extraction has teken place as per a mining plar/scheme of mining or terms of reference of mining contract as applicable and duly approved by competent authority/Mines and Geology Department. The owner shall submit proof to this effect to the Haryana State Pollution Controi Board;

(vit) i)

(ix) Htem No. 1T 3 The screening plants shall furnish to the Haryana Sate Pollution Control Board the complete data relating to the source and quantity of raw material legitimately utilized or exploited by the screening olant units and also its production data and taxes and duties paid as applicable thercon under the law of iand;

Every screening piant, shall obtain consent to establish from the Haryana State Pollution Control Board and shall also obrzin consent to operaie 6N a year 1 year ie. annual basis.

In case of permanent closure of unit, the srea should be rehabilitated to its origing position Every screening plant must possess and operate in a minimum area of one and half acre of land (1.5 acres) owned by the screening plant owner o having a lease of minimum twenty years in his favour.

1tem No. IV [0} i) In case of any conflict between any existing statutory provisions and any administrative orders issucd by any authority including the Haryana State Pollution Control Board, the statutory provisions shall be applicable and prevail according to the settled law of India.

Irrespective of any other reason to the contrary, 5o screening plant unit would be allowed to operate in violation of any other applicable legal restrictions, statute and rules legislated as enforced or prescribed by the Competent Legislative Authority o the prescribing authority inciuding the Town and Country Planning Department, Haryana, Mines and Geology Department, Haryana, Forest Department, Haryana or Central Ground Water Authority etc., whether in the past or in future. The issue of consent to establish certificate by the Haryana State Poliution Control Board shall not be treated as any permission to violate any such statutory legal restrictions.

H.C. DISODIA, Financial Commissioner and Principal Secretary to Government Haryana, Environment Department.

43293—CS.—HGP..Chd.

640 HARYANA GOVT. GAZ. (EXTRA.), JULY 23, 2008 (SRVN. 1, 1930 SAKA) [Authorized English Translation] HARYANA GOVERNMENT ENVIRONMENT DEPARTMENT Notification The 23rd July, 2008 No. S.0. 64/C.A. 29/1986/S. 5 and 7/2008.—Whereas representations were received from Screening Plants Associations in the State to review the siting parameter norms, lease period, land area, consent period, tree plantation and relaxation for existing units;

And whereas the matter was reviewed in the 3rd review meeting of Haryana State Pollution Control Board held on 18th December, 2007, and certain amendments were suggested by the Board as per decision taken in the 3rd review meeting;

And, whereas, the Government, after considering the recommendations of Haryana State Poliution Control Board, has decided to amend the above said notification in respect of following siting norms, lease period, land arez, consent period, tree plantation and relaxation for the existing units;

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986) read with Government of India, Ministry of Environment and Forests, Department of Environment, Forest and Wildlife, Notification No. S.0. 152(E), dated the 10th February, 1988 and in pursuance of the provisions of section 7 of the said Act and rule 4 of the Environment (Protection) Rules, 1986, the Governor of Haryana hereby makes the following amendment in Haryana Government, Environment Department, notification No.

16/42/2005-Env. 111, dated the 4th October, 2007, in regard to siting parameter norms and pollution control measures requirements for screening plants, namely :— Amendment In the Haryana Government, Environment Department, notification No.

16/42/2005-Env. 111, dated the 4th October, 2007,—

1. In Schedule I, under columns 1,2 and 3,—

(i) for serial numbers 2 and 3 and entries thereagainst, the following serial numbers and entries thereagainst shall be substituted, namely :— 1 2 3 “2. Minimum distance required from the 050 Nearest State Highway

3. Minimum distance required from the 0.25"% Nearest Major District roads and other roads HARYANA GOVT. GAZ. (EXTRA)), JULY 23, 2008 641 (SRVN. 1, 1930 SAKA)

(ii) for serial numbers S, 6 and 7 and entries thereagainst, the following serial numbers and entries thereagainst shall be substituted, namely :— 1 2 3 “5. Minimum distance required from the 1.00 Municipal limits of any town

6. Minimum distance required from the 1.00 Nearest Town Abadi

7. Minimum distance required from the 0.50™;

Nearest Village Abadi

(iii) for serial number 11 and entries thereagainst, the following serial number and entry thereagainst shall be substituted, namely :— 1 2 3 “11. Minimum distance required from any 2.007;

indoor treatment unit catering to 25 or more indoor patients :

(iv) for serial number 14 and entry thereagainst, the following serial number and entry thereagainst shall be substituted, namely :— 1 2 < “14. Minimum distance required from 1.00 any educational institution (except from village schools)™;

1L InSchedule Il,—

(i) initem No. II—

(a) for sub-item (iv) and entry thereagainst, the following sub-item and entry thereagainst shall be substituted, namely :— “(iv) Substantial plantation along the edge of the plot.”;

(b) in sub-item (viii), for the words and letters “on a year to year i.e. annual basis”, the words “for a-period of two years” shall be substituted”’;

(ii) for Item No. III, the following Item No. shall be substituted, 642 HARYANA GOVT. GAZ. (EXTRA.), JULY 23, 2008 (SRVN. 1, 1930 SAKA)

(iif) namely :— “Item No. ITT Every screening plant must possess and operate in a minimum area of one acre of land (1.0 acre) owned by the screening plant owner or having a lease of minimum five years in his favour.”;

after Item No. IV, the following note shall be added at the end, namely :— “Note.—Existing screening plants shall have to comply with these norms within a period of 2 years.”.

P.K. GUPTA, Financial Commissioner and Principal Secretary to Government, Haryana, Environment Department.

44516—L.R —H.G.P., Chd.

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