HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 109 [Authorised English Translation] HARYANA GOVERNMENT ENVIRONMENT DEPARTMENT Notification The 11th May, 2016 No. S.O. 12/C.A. 29/1986/Ss. 5 and 7/2016.—Whereas article 48-A of the Constitution of India interalia envisages that the State shall endeavour to protect the environment;
And, whereas it is necessary and expedient to take immediate steps under sections 5 and 7 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and section 19 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) and rules framed thereunder and to maintain ecological balance in the State to prevent environmental degradation and to avoid traffic and human health hazards;
And, whereas the State Government has already taken a decision to maintain ecological balance keeping in view the industrial development and also to maintain the quality of environment and to avoid health hazard for the residents of the area;
And, whereas as per Haryana Government, Environment Department, notification No. S.O. 126/C.A.29/86/ S.5 & 7/97, dated the 18th December, 1997, directions were given for stone crushing units in regard to siting criteria norms as per Schedule-I, emission norms and pollution control measures requirements as per Schedule-II, identification of zones and availability of sites as per Schedule-III and procedure for establishment and operation in identified zones as per Schedule-IV;
And, whereas the State Government has made several amendments in the aforesaid notification issued vide Notification No. S.O.150/C.A.29/1986/S.5 and 7/1998, dated the 30th October,1998, No. S.O.125/ C.A.29/ 1986/ S.5/2000, dated the 18th October, 2000, No. S.O. 85/C.A 29/86/S. 5 and 7/2001, dated the 20th June, 2001 and No.
S.O.31/C.A.29/1986/Ss.5 and 7/2004, dated the 18th March, 2004;
And whereas the State Government is of the opinion that it is necessary and expedient to issue a fresh notification by superseding the existing notification;
Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986, (Central Act 29 of 1986) read with Government of India, Ministry of Environment and Forests, Department of Environment, Forests 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, and in supersession of the Haryana Government, Environment Department, Notification No. S.O.126/C.A.29/86/S.5 and 7/97, dated the 18th December, 1997, Notification No. S.O.150/C.A.29/1986/S.5 and 7/1998, dated the 30th October, 1998, No.
S.O.125/C.A.29/1986/S.5/2000, dated the 18th October, 2000, No. S.O. 85/C.A 29/86/S. 5 and 7/2001, dated the 20th June, 2001 and No. S.O.31/C.A.29/1986/S.5 & 7/2004, dated the 18th March, 2004, and in pursuance of Haryana Government , Environment Department, Notification No. 16/75/2007-3 Env, dated the 21st October, 2015, the Governor of Haryana hereby issues the following directions for stone crushing units in regard to siting criteria norms as per Schedule-I, emission norms and pollution control measure requirements as per Schedule-II, already established stone crusher zones as per Schedule-III and procedure for establishment and operation in identified zones as per Schedule-IV.
Any action taken in pursuance of the superseded notifications referred to above will be deemed to have been taken under the provisions of this notification so far as it is not inconsistent with the provisions of this notification, namely:— HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 110
SCHEDULE I NORMS FOR SITING OF STONE CRUSHERS IN HARYANA Serial Number 1 Criteria 2 Distance in Kilo Meter 3
1.
Minimum distance required from the nearest National Highway and State Highway
1.0
2. Minimum distance required from the nearest outer limit of major district roads and other roads
0.1
3. Minimum distance required from the limits of National Capital Territory of Delhi 5.0
4. Minimum distance required from the limits of nearest Municipal Corporation. 3.0
5. Minimum distance required from the nearest Town/City/Municipal Limits 1.5
6. Minimum distance required from the nearest Village Phirni. In case if there is no phirni then the distance will be measured from village Lal Dora
1.0
7. Minimum distance required from any land recorded as forest in Government record (revenue or forest department) except strip forests / plantation along roads, canals, railway lines and bunds.
0.5
8. Minimum distance required from any strip forests/ plantation along roads, canals, railway lines and bunds etc. recorded as forest in Government record (revenue or forest department).
0.1
9. Minimum distance required from approved water supply scheme open to sky of 20 Kl capacity.
1.5
10. Minimum distance required from any indoor health treatment unit catering to 25 or more bed for catering indoor patients
1.0
11. Minimum distance required from National Parks, Wild Life Sanctuaries and Conservation Reserves
2.0 The following directions are also given in respect of above said schedule:
i. All distances unless specifically mentioned above are to be measured as the crow flies from the nearest boundary of the land of the stone crusher to the periphery of the feature concerned.
ii. The notified approved crusher zones and their extension would not be affected by the above siting minimum distance criteria as the feasibility of having a conglomeration of stone crushing units in conjunction with the above siting criteria may not be possible. The above mentioned siting criteria will only be applicable to stone crushing units to be established in the area outside the existing notified, approved crusher zones or their extension.
iii. No stone crushing unit will be allowed to be set up or operate outside the identified crusher zones in Faridabad and Palwal Districts (earstwhile Faridabad District).
iv. No new stone crusher unit will be allowed to be set up in Gurgaon District outside the identified stone crusher zones.
HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 111 v. In case eco sensitive zone of a protected area like National Park, Wild Life Sanctuary or Conservation Reserve is notified having restrictions for a distance more than two kms, then the same shall be adhered to.
vi. The distance of the stone crushers from various prescribed locations will be certified / verified by the concerned Tehsildar and for the forest land the report regarding the siting distance will be taken from concerned Divisional Forest Officer. The concerned Regional Officer of the Board shall verify distances of the prescribed locations other than those verified by Divisional Forest Officer or Tehsildar.
Schedule-II EMISSION NORMS AND POLLUTION CONTROL MEASURES REQUIREMENTS Item Number 1 Pollution Control Parameters:- The suspended particulate matter (hereinafter referred to as SPM) measured between 3 meters and 10 metres from any process equipment of a stone crushing unit shall not exceed 600 micrograms per cubic metre. The measurements of SPM are to be conducted as per Environment Protection Act, 1986 and rules made thereunder.
Item Number II Pollution Control Measures:- The following pollution control devices and measures are required to be installed and operated as mandatory obligation by the stone crushing units under the Environment Protection Rules, 1986:
(A.) Dust containment cum suppressing system for the equipment in the form of covered sheds and sprinklers;
(B.) Construction of approved wind breaking wall of at least 50 meter length and minimum 16 feet height alongwith provision of telescopic chute to ensure that the crushed material from the nod is released from a point which is at least 2 feet below the height of the wind breaking wall. The wall shall be structurally sound and shall cover the vulnerable abadi side of the crusher unit.
(C.) Construction and maintenance of metalled roads for vehicular movement within the premises of the crushing units or within the zone housing the stone crushing units as approved by the Haryana State Pollution Control Board at the time of grant of Consent to Establish.
(D.) The metalled roads to be provided either individually within the premises or jointly by the crushers in the approved crusher zones will be as determined by Haryana State Pollution Control Board in consultation with E-in-C, PWD (B&R). These roads shall be constructed as per satisfactory specifications of construction and maintenance. Haryana State Pollution Control Board will have the authority to cancel continued operation of stone crusher in zone or isolated sites or premises within zones where such metalled roads are not satisfactorily constructed or maintained individually or jointly as applicable to the area in question.
(E.) Regular cleaning and wetting of the ground within the premises and the remaining enclosure of the crushing units and the zone where the unit is situated.
(F.) All stone crushing units shall provide a green belt along the periphery having avenue plantation of two rows after approval of plantation plan by the Divisional Forest Officer concerned. Till plantation within the premises is fully developed, the project proponent shall erect a barrier/ barricade along the periphery to contain the dust emissions. Such barricade should completely enclose the premises from all sides and may be either a boundary wall or of flexible cloth (tarpaulin etc.) or a combination of two. The height of the barricade shall not be less than the height of the highest tip of the conveyor belts.
(G.) The stone crushing units shall provide at least 50 number sprinklers alongwith a water storage facility of minimum 10 Kilolitre capacity. Further they must sprinkle at least 10 kilolitre of water per day for a stone crushing capacity of 100 tones per day and pro rata accordingly for higher capacity crushing units.
HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 112 (H.) In order to ensure the regular operation of sprinklers system, the stone crushing units will provide inter locking system alongwith separate energy meter having load survey and demand features.
(I.) A complete hour-wise log book as recorded by the energy meter for the consumption of energy by such pollution control measure be made available to the Haryana State Pollution Control Board or its authorised officers immediately on its demand on the spot or within a period of three working hours thereafter at the most;
(J.) The stone crushing units shall obtain raw material only from legal sources and will have exclusive contract with the legitimate mining lease holders and will submit complete data relating to the sources and quantity of raw material utilized and exploited by the stone crushing units alongwith production data, taxes and duties paid as applicable thereon under the law of land;
(K.) A green belt along any approved notified zone will be for a depth of atleast 100 meters or along the periphery of the crusher zone with minimum 10 rows of such trees in the direction of the depth of the green belt. The spacing of such trees along the periphery shall not exceed 8 meters along the periphery. The nature of trees to be planted and their protection measures required for such tree plantation shall be subject to the approval of the concerned Divisional Forest Officer.
The responsibility for planting and maintaining of green belt shall be with all the stone crushing units operating at that time and in case any stone crushing unit does not comply with this direction, the Board shall get it done at the expense of the defaulting stone crushing unit. If the units fail to pay the expenditure incurred by the Board, then the units will be treated as defaulters in law and debarred from operating their stone crushers inspite of their being a valid activity otherwise.
(L.) No stone crusher will be allowed to be set up in choe, stream or river bed within their flood protection embankments.
(M.) Consent policy orders dated the 6th March, 2014 of the Haryana State Pollution Board notified on 15th April, 2014 as amended from time to time will also be applicable for obtaining consent to establish and consent to operate under Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981).
Item Number III Non-complying units to be shifted All the stone crushing units, which do not meet the siting criteria prescribed in this notification shall have to shift to a site meeting the siting parameters as per Schedule-I of this notification or to identified zone depending on availability of vacant sites in the zone, within three years from the date of issuance of this notification which is extendable for another one year provided that stone crushing unit procures the land for a site meeting the siting norms as per this notification, before the expiry of three years and applies to Haryana State Pollution Control Board.
Item Number IV Requirement of Land Every new stone crushing unit whether in notified zone or outside, must possess and operate in a minimum area of one acre of land (crushing capacity up to 10000 Cubic feet per day with one set of machinery) and 1.5 acre of land (crushing capacity more than 10000 Cubic feet per day or with more than one set of machinery). In case land is taken on lease, then the lease should be registered with revenue authority and if the land is taken on lease from Panchayat then it should be with the written permission of the Principal Secretary to Government Haryana, Panchayat and Development Department. The lease period should not be less than twenty years and should be irrevocable.
HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 113
SCHEDULE-III IDENTIFIED STONE CRUSHER ZONES Sr.
No.
Name of Zone Zone Area 1 2 3 4 5 6 7 8 District Tehsil Village with hadbast Khasra No. Area in Acres Maximum No of stone crusher to be accommo date in the zone
(i) (ii) (iii) (iv) (v) 1 Bilha Panchkula Panchkula Bilha 237 ______28________ 1,2,3,4,5/1,5/2,6,7, 8,9,10,11,12,13,14 15,16/1,16/2,17,18/1, 18/2,19/1,19/2,20,21, 22,23/1,23/2,24,25 _____29_________ 1,2/1,22/2,3,4/1,4/2, 4/3,5,6/1,6/2,6/3, 7/1,7/2,8,9/1,9/2,10, 11,12/1,12/2,13/1, 13/2,14/1,14/2,15, 16,17,18,19/1,19/2, 20,21,22/1,22/2,22/3, 23/1, 23/2, 23/3, 24/1,24/2,25/1,25/2 _____30_________ 1,2,3/1,3/2,4,8/1, 8/1/2,8/2,9/1,9/2, 9/3,10,11/1,11/2,12, 13/1,19/1,19/2,20, 21/1,21/2,22/1,22/2 ______32________ 1,2/1,2/2,3,4/1,4/2, 5/1,5/2,6,7/1,7/2, 8,8/1,8/2/1,8/2/2, 9,10/1,10/2,10/3, 11/1,11/2,11/3,12, 13/1,13/2,14,15,17, 18,19/1,19/2,20, 21,22,23/1,23/2,24 98 Acres, 3 Kanal and 18 Marla 50 HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 114 1 Bilha Panchkula Panchkula Bilha 237 ___33_________ 1,2/1,2/2,3/1,3/2, 4,5,6,7/1,7/2,8,9, 10,11,12/1,12/2,13/1, 13/2,14,15/1,15/2 98 Acres, 3 Kanal and 18 Marla 50
2. Burj Kotian Panchkula Kalka Burj Kotian 196 325 Min,326 to 331, 334,335,356 to 404,405 Min, 406 Min, 416 Min.
105 Acres 36
3. Khanak Bhiwani Tosham Khanak 34 ___205__________ 20,21,22,23 ___216__________ 3,4,6,7,8,13,14,15, 16,17,18,23,24,25.
____217_________ 13,14,15,16,17,18, 23,24,25 ___218__________ 6,11,15,16,19,20, 21, 22, 25 _____219________ 3,8,9,10,11,12,13, 17,18,19,20,21, 22,23 ____220_________ 1,2,3,4,5,6,7,8,9, 10,11,12,13,14,15, 16,17,18,19, 20, 21,22,23,24,25 _____234________ 1,2,3,4,5,6,7,8,9, 10,11,12,13,14,15, 16,17,18,19,20, 21,22,23,24,25 _____235________ 1,2,3,4,5,8/1,8/2,9, 10,11,12,13/1,13/2, 18,19,20,21,22, 23, ____236_________ 1,2,5,6/1,6/2,9,10, 11,12,15,16,19,20, 21,22,25
237.64 Acres 93 HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 115
3. Khanak Bhiwani Tosham Khanak, 34 ____237_________ 3,4,5,6,7,8,13,14, 15,16,17,18,23,24, 25 ____238_________ 1,2,3,4,5,6,7,8,9, 10,11,12,13,14,17, 18,19,20,21,22/1, 22/2,23/1,23/3,23/2, 24/1,24/2,25/1,25/2 _____242________ 2,3,4,5,6, ______243_______ 3,4,5,6,7,8,15 ___244__________ 1,2,5,6,9,10,11, 12,15,16 ___245__________ 1,2,3,8,9,10,11, 12,13,17,18,19,20 ____246_________ 1,2,3,4,5,6,7,8,9, 10,11,12,13,14,15, 16,17,18,19,20,21, 22,23,24,25 ____258_________ 1,2,3,4,5,6,7,8, 10
237.64 Acres 93
4. Dadam Bhiwani Tosham Dadam 36 ____10__________ 4,5,6,7,14,15,16 _____11_________ 1,2,3,4,5,6,7,8/1,8/2, 9/1, 9/2,10,11, 12, 13, 14, 15,16, 17, 18, 19,20,23, 24/1, 24/2,25 ______12________ 10,13,14/1,14/2,15, 16,17,18, 23,24, 25/1,25/2 ______13________ 11,16,19/1,19/2,20, 21,22,25
81.1 Acres HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 116
4. Dadam Bhiwani Tosham Dadam 36 ___ 14________ 21,22,23,24 ___ 16________ 1,2,7,8,9,10,11,12, 13,14,15 _____17_________ 1,2,3,8/1,8/2,9,10, 11,12,13 _____18_________ 1,2/1,2/2,5,6,9,10, 11,12,15,20 ______19________ 3,4,6,7,8,13,14,15, 16,17,18 ____20__________ 4,5,6,7
81.1 Acres 5 Naurangpur Gurgaon Gurgaon Naurangpur- 157 _________77_____ 16,17,18,22/1,22/2, 23/1,23/2,24,24/2, 25/1, 25/2 _____14_________ 20,21,22 _ 74_________ 10,11 ____75_____ 2,3,4,5,6,7,8,9,12, 13, 14, 15,16, 17, 18, 19,19/1, 20/1, 20/2,21/1,21/2,22, 23,24,25 ____76__________ 16/1,16/2,17/1,17/2, 18/1,18/2,19/1,19/2, 20/1,20/2,21/1,21/2, 22,23,24,25 ______85________ 3,4,5,6,7,8,11 Min- East,12 Min-East, 13 Min North, 141/1 Min –North, 14/2 Min-North, 16 Min North, 19 Min North, 20 Min West 104 acres, 3 Kanal, 4 Marla 80 HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 117 5 Naurangpur Gurgaon Gurgaon Naurangpur- 157 ______86___ 1/1,1/2,2,3,4,5,6/1, 6/2,7/1,7/2, 8/1, 8/2,9,10, 11Min- North, 12/1, 12/2, 13,14,16,17,18,19/1, 19/2, Min- North, 20/1, Min North ______87________ 1/1,1/2,1/3,2,8,4,5, 6,7,8,9,10/1,10/2, 11,12,13,14,15,16, 17,18,19,2 ____88__________ 1,2,9,10,11,20 ___91___________ 110 Min-East 104 acres, 3 Kanal, 4 Marla 80 6 Indri Rewason Mewat Nuh Indri 197 _____173________ 1/1,1/2,1/3,2,3,4, 5/1,5/2,6,7,8,9/2,9/1, 10,12/1, 12/2, 13/1, 13/2,14/1,14/2,15/1, 15/2,16,17,18,23, 24,25 ______175_______ 4,5,6,15 _______172______ 1,2,3,4,7,8,9,10/1, 10/2, 11, 12, 13/1, 13/2, 14,17,18, 19, 20, 21,22,23, 24 ____176_________ 1,2,3,8,9,10,11,12 372 Kanals 18 7 Indri Rewason Mewat Nuh Rewason 108 ______45________ 3/2,7,8,13,14,15, 16,17/1,17/2,18/1, 18/2,19/1,22,23,24/1, 24/2, 25, 44 20 HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 118 7 Indri Rewason Mewat Nuh Rewason 108 ____58__________ 1/2,2,3,4,5/1, 5/2, 6,7/1, 7/2, 8,9/1, 9/2, 9/3, 10, 11/1, 11/2, 12,13,14,15,16,17, 18,19, 23, 24 _59_ 1,10 60 4 8 Raisina Gurgaon Sohna Raisina 184 _____100________ 22Min-East, 23 Min- East, 24 _____125_____ 1 Min-East 2,3,4,5,6,7, 8,9/1,9/2,10,11,12/1, 12/2,13,14,15,16, 17/1,17/2,18,19,20, 21,22,23,24, 25/1, 25/2, 26 __126___________ 1,10,11,20,21 ____129_________ 1,10 ____130_________ 1,2,3,4,5,6,7,8,9,10 41 acres, 2 Kanal, 5 Marla 9 Balla Majra Yamuna Nagar Chhachhrauli BallaMajra 71 _____10_________ 16,17,21,22,23,24,25 _13____ 1 to 12 80 Acres, 0 Kanal, 11 Marla 16 10 Doiwala Yamuna Nagar Chhachhrauli Doiwala 69 ____16__________ 1,2 to 17,18/1,18/2, 19/1,19/2,20 to 25 ______22_______ 1,2/1,2/2,2/3,3/1,3/2, 3/3,4/1,4/2,7,8, 9, 10/1,10/2,10/3,11/1, 11/2,12/1,12/2,13,14, 17/1,17/2,18,19,20/1, 20/2,21,22/1,22/2,23, 24/1, 24/2 ______27____ 1,2,3,4,5/1,5/2,6,7/1, 7/2,8,9,10/1,10/2,11 to 15,17,18,19,20 HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 119 11 Burjkotian Extension Panchkula Panchkula Burjkotian Extension- 196 174 Min, 152 Min, 118 Min, situated in between the link road on one side and the Ghaggar River Bank on other side 34 Acres 12 Dhouj Faridabad Faridabad Stone Crushing Zone Dhouj _____9__________ 7 Min, 8,9,10,11, 12, 13,14,Min,17 Min, 18,19,20,21,22,23, 24 Min _____10_____ 1 Min, 6 Min,7 Min, 8, 9, 10, 11, 12, 13, 14Min, 15 Min, 16 Min, 17 Min, 18, 19, 20, 21,22,23, 24Min, 25Min _______11_______ 5 Min,15 Min,16 Min, 25 Min ___12___________ 5 Min, 6Min _______13______ 1,2,3,4,5,6 Min, 7 Min,8 Min, 9 Min,10Min, 15 Min,16 Min, 25 Min ______14________ 1,2,3,4 min, 5 min, 6 min, 7min, 8,9,10, 11,12,13,14min, 15min,16,17,18,19, 20,21,22,23,24,25 ____15__________ 1,2 min,8 min,9 min, 10,11,12,13min, 17 min, 18min, 19,20,21,22,23, 24 min ____25__________ 1,2,3,4 min,7min, 8,9,10,11,12, 13min, 14 min,18min, 19,20, 21,22,23min HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 120 12 Dhouj Faridabad Faridabad Stone Crushing Zone Dhouj ______26________ 1,2,3,4,5,6,7,8,9,10, 11,12,13,14,15,16, 17,18,19,20,21,22, 23,24,25 ____27__________ 5 min,6 min,15 min, 16 min, 25 min Green Belt 100 Meter wide around the stone crusher zone in addition to the stone crusher zone area _ _5________ 24 min, 25min ____ 6__________ 21 min,22,23,24,25 ____7________ 21,22,23,24,25min ______8_________ 18min,19,20,21,22, 23 min _______9____ 1,2,3,4,5min,6min, 7min,14 min,15min, 16, 17 min,24min,25 ____10______ 1min,2,3,4,5,6min, 7min, 14 min,15, 16, 17min,24min,25min ____11__________ 4min, 5min,6min, 7min,14min,15, 16 min, 17min, 24min, 25min _____12______ 4min, 5min,6min, 7min, 14 min,15, 16 min, 17min ______13______ 6min,7min,8min, 9min,10min,11,12, 13,14,15min,16min, 17min,18min,19min, 20min,24min,25min _____14_______ 4min,5min,6min, 7min,14min,15min HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 121 Green Belt 100 Meter wide around the stone crusher zone in addition to the stone crusher zone area ____15______ 2min,3min,4min, 7min, 8min,9min, 13min,14min,15min1 6min,17min,18min, 24min,25min ____25______ 4min,5min,6min, 7min,13min, 14min,15min,16min, 17,18min,24,25min _______27______ 4min,5min,6min, 7min,13min, 14min, 15min,16min,17, 18min,24,25min _____30_________ 4min,5,6,7min ____31_________ 1,2,3,4,5,6,7,8,9,10 ____32_________ 1,2,3min,4,5min, 6min,7min,8min,9,10.
Note:
Beside above notified zones, two more stone crushing zones i.e. at village Pali and Mohabtabad of District Faridabad has been notified by Mines and Geology Department vide Notification No. S.O.37/ H.A.15/ 92/ S.2/ 93 dated 30.04.1993.
HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 122 Schedule IV Procedure for establishment and operation of stone crushing units in identified zones
1. Existing Stone Crushing units working anywhere in the State of Haryana which do not fall in the areas as specified in Schedule-I or in identified zones as per Schedule–III will have to either shift after obtaining consent to establish (NOC) from Haryana State Pollution Control Board to a site meeting the siting criteria as per Schedule-I or at available sites in the identified crushing zones as per schedule-III or close down the unit without involving any claim against any Authority.
2. The following policy will be adopted for the consideration of the applicant for consent to establish (NOC) for setting up of crushing units in the identified zones as per Schedule- III in order of following priority:
2.1 The first priority will be given for such crushing units which were ordered to be closed down or ordered to be shifted under the final orders of any Judicial Authority from their previous location anywhere in Haryana. But no stone crushing unit will be considered for resiting anywhere outside the district where they were previously operating according to the district boundaries as applicable on the date when the Judicial Orders restraining them came in force. Interse priority of such crushing units for resiting will be made according to the date when the Judicial order came in force. However, such stone crushing unit shall have to file a complete application for the consent to Establish (NOC) to the Haryana State Pollution Control Board for the issue of Consent to Establish (NOC) within a period of six months from the date be extended for another six months by the Haryana State Pollution Control Board. Any relaxation beyond this period for a further period of six months may be granted in public interest by the State Government by recording reasons. Any application for the Consent to Establish (NOC) which could not be accepted for want of availability of site will however be treated as not time barred and limitation period will commence form the date of availability of site within the identified zones.
2.2 The second priority would be given for stone crushing unit for resiting which were closed by the Haryana State Pollution Control Board or the Government of Haryana, Environment Department on account of non- compliance of siting criteria norms. The time limit for such applications will be according to the criteria as specified in para 2.1 above.
2.3 No units that shut down their stone crushing activities without any legal restraint order on them whether in the past or in the future would be considered for issue of any Consent to Establish (NOC) for being resited in any approved crushing zone unless they have already been so accommodated by the authority that was competent to issue consent to establish (NOC) here before.
2.4 The applications for allotment of any available stone crushing sites within the identified zone will be made henceforth to the Haryana State Pollution Control Board in response to public advertisement notices published at least in two English and two Hindi daily newspaper widely circulated in the State of Haryana No. existing application shall be entertained and they shall have to apply afresh for response to the public advertisement.
2.5 The applications for Consent to Establish (NOC) in identified zone will be decided by a Committee consisting of Chairman, Haryana State Pollution Control Board, Director , Environment and Member Secretary, Haryana State Pollution Control Board and the same will be headed by the Chairman, Haryana State Pollution Control Board.
2.6 Consent to operate of any stone crusher unit given in the past or to be given in the future shall be non-transferable except for the case of natural transfer by inheritance.
2.7 Any Consent to establish (NOC) issued before this notification by Haryana State Pollution Control Board whether for resiting in identified zone or isolated site shall be valid for a period not exceeding six months from the date of issue of this notification. However, if consent to establish (NOC) is issued after the issue of this notification it shall be valid for a period not exceeding nine months from the date of issue of any such fresh consent to Establish (NOC).
HARYANA GOVT. GAZ. (EXTRA.), MAY 11, 2016 (VYSK. 21, 1938 SAKA) 123
3. In case of any conflict between any existing statutory provisions and any administrative orders issued by any authority including Haryana State Pollution Control Board, the statutory provision will be applicable according to the settled law of India.
4. Irrespective of any other provisions above to the contrary no stone crushing unit whether within any approved crushing zone or outside the zone would be allowed to operate in violation of any other applicable legal restrictions statute and rules legislated and enforced or prescribed by the Competent Legislative Authority or the prescribing authority including the Town and Country Planning Department, Haryana whether in the past or in future. The issue of No Objection Certificate by the Haryana State Pollution Control Board will not be treated as any permission to violate any such statutory legal restrictions.
ANURAG RASTOGI, Principal Secretary to Government Haryana, Environment Department.
54319—C.S.—H.G.P., Chd.