SOP-Mining-industries-EMPRI-2005-01.pdf

FINAL R EPORT EPORT DECEMBER 2005

TABLE OF CONTENTS

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CHAPTER

1 1.1 1.2 2 2.1 2.2 2.3 2.4 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.4.6 2.4.7 2.4.8 2.4.9 2.4.10 2.4.11 2.4.12 2.4.12 2.5 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.6 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 3 3.1 3.2 4

I NTRODUCTION NTRODUCTION Background Gist Of Environmental Acts, Rules And Notifications LEGAL A ND R EGULATORY EGULATORY FRAMEWORK Fundamental Rights And Duties Of A Citizen State Policy Legislative Authority Relevant Legislations The Mines Act, 1952 The Mines Rule, 1955 The Mines And Minerals (Development And Regulation) Act, 1957 Mineral Concessions Rules, 1960 And Mineral Conservation And Development Rules 1988. Environment Protection Act 1986. The Water (Prevention And Control Of Pollution) Act, 1974 And Rules The Water (Prevention And Control Of Pollution) Cess Act, 1977 And Rules The Air (Prevention And Control Of Pollution) Act, 1981 And Rules The Environment Impact Assessment Notification 1994 & 1997 The Noise Pollution (Regulation And Control) Rules, 2000 The Municipal Solid Waste (Management & Handling Rules), 2000 Forest Conservation Act 1980. The Biological Diversity Act 2003. Relevant Policies The National Mineral Policy The National Forest Policy The National Environmental Policy The National Industrial Policy Draft National Rehabilitation & Resettlement Policy Relevant Institutions Department Of Mines And Geology, Government Of Karnataka Indian Bureau Of Mines, Department Of Mines, Government Of India Ministry Of Environment And Forest, Government Of India Department Of Ecology And Environment, Government Of Karnataka Karnataka State Pollution Control Board R ESPONSIBILITIES ESPONSIBILITIES OF THE MINING AUTHORITIES I N CONTEXT WITH MINING OPERATIONS Approvals Responsibilities WATER A ND AIR (PREVENTION & CONTROL OF POLLUTION ) ACTS

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TABLE OF CONTENTS

ITEM

CHAPTER

1 1.1 1.2 2 2.1 2.2 2.3 2.4 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.4.6 2.4.7 2.4.8 2.4.9 2.4.10 2.4.11 2.4.12 2.4.12 2.5 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.6 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 3 3.1 3.2 4

I NTRODUCTION NTRODUCTION Background Gist Of Environmental Acts, Rules And Notifications LEGAL A ND R EGULATORY EGULATORY FRAMEWORK Fundamental Rights And Duties Of A Citizen State Policy Legislative Authority Relevant Legislations The Mines Act, 1952 The Mines Rule, 1955 The Mines And Minerals (Development And Regulation) Act, 1957 Mineral Concessions Rules, 1960 And Mineral Conservation And Development Rules 1988. Environment Protection Act 1986. The Water (Prevention And Control Of Pollution) Act, 1974 And Rules The Water (Prevention And Control Of Pollution) Cess Act, 1977 And Rules The Air (Prevention And Control Of Pollution) Act, 1981 And Rules The Environment Impact Assessment Notification 1994 & 1997 The Noise Pollution (Regulation And Control) Rules, 2000 The Municipal Solid Waste (Management & Handling Rules), 2000 Forest Conservation Act 1980. The Biological Diversity Act 2003. Relevant Policies The National Mineral Policy The National Forest Policy The National Environmental Policy The National Industrial Policy Draft National Rehabilitation & Resettlement Policy Relevant Institutions Department Of Mines And Geology, Government Of Karnataka Indian Bureau Of Mines, Department Of Mines, Government Of India Ministry Of Environment And Forest, Government Of India Department Of Ecology And Environment, Government Of Karnataka Karnataka State Pollution Control Board R ESPONSIBILITIES ESPONSIBILITIES OF THE MINING AUTHORITIES I N CONTEXT WITH MINING OPERATIONS Approvals Responsibilities WATER A ND AIR (PREVENTION & CONTROL OF POLLUTION ) ACTS

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4.1 5 6 6.1 6.2 7 7.1 8 8.1 8.2 9

CHAPTER

Consent Procedure WATER (PREVENTION & CONTROL OF POLLUTION) CESS ACT E NVIRONMENTAL NVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION Requirements And Procedure For Seeking Site Clearance For Prospecting And Exploration Projects Requirements And Procedure For Seeking Environmental Clearance Of Projects E NVIRONMENTAL NVIRONMENTAL STATEMENT PROCEDURES Contents Of Environmental Statement E NVIRONMENTAL NVIRONMENTAL AUDITING Features Of A Good Environmental Audit Audit Procedure E NVIRONMENTAL NVIRONMENTAL PERFORMANCE VERIFICATION EXERCISE Appendix I Appendix II Appendix III Appendix IV Appendix V Annexure Maintaining Log Books Verification Guidelines

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Standard Operating Procedure for Mining Industries

1 1.1

INTRODUCTION

BACKGROUND

The mining industry in Karnataka is one of the major revenue generating sectors of the state. Also, the industry can be equally disastrous to the environment if proper care in not taken while mining. Some of the environmental hazards include: The tailings from mining can produce an acidic leachate when exposed to moisture and air, a phenomenon known as acid mine drainage. Acid mine drainage may affect water quality and aquatic life. Noise levels during the mining process are usually very high which are a threat to humans and animals. Dust levels are also very high especially during the blasting in open cast mines and while transporting the ores 

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Though the mine owners, regulators and auditors have been addressing the issues of environmental safeguards, it has been noticed that most to times they have to grope through various acts, rules, documents to understand the various details of environmental compliances. Thus, it was felt necessary to bring out a booklet which gives all the relevant information for the mining sector. Presently, as per Rule 14 of the Environment Protection Rules, 1986, it is mandatory for persons carrying out an industry or operation or process which require consent under Water Act, 1974 or Air Act, 1981 or authorization under the Hazardous Waste Rules, 1989, to submit every year an Environmental Statement to the concerned State Pollution Control Board. However, the existing mechanism does not provide for rigorous analysis of Environmental Statement by the industries. Hence, it was felt that an effective institutional arrangement for implementing the Environmental Audit is necessary. This document is a reference guide which provides for guidelines to mining operators, regulators and auditors to standard procedures for environmental clearances, procedures for taking appropriate consents for establishing and operation of industries, the compliance standards set for the mining sector ensuring the consent conditions for discharges of effluent are met, best practices for cleaner production, etc. This document also puts forth the linkages between the Environmental Impact Assessment document which is prepared at the initialisation of the project and the Environmental Statement to be provided by the project proponent. Also the document defines the responsibilities of the project proponent (internal auditor) and external and regulators, the precautionary measures to the taken, the method to be followed and records to be maintained by the project proponent. 1.2

GIST OF ENVIRONMENTAL ACTS, R ULES AND NOTIFICATIONS

Mining of various major and minor minerals is regulated by various legislations related to mining and environment. The actions within the mines are regulated by the mining legislations while those outside the mines are governed by environmental and other legislations. The environmental aspects of the mining areas, i.e., work place environment, are governed by the mining legislation. In the Mining Sector the following Acts, Rules and Notifications are applicable: Mining Legislations: i.

The Mines Act, 1952 and The Mines Rules, 1955

ii. The Metalliferous Mines Regulations, 1961

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iii. The Mines and Minerals (Development and Regulation) (MMRD) Act, 1957, iv. The Mineral Conservation and Development Rules (MCDR), 1988, v. The Mineral Concession Rules (MCR), 1960. Environmental Legislations: 1. The Water (Prevention and Control of Pollution) Act, 1974 and Rules 2. The Water (Prevention and Control of Pollution) Cess Act, 1977 and Rules 3. 4. ♦ ♦ ♦

The Air (Prevention and Control of Pollution) Act, 1981 and Rules Relevant provisions under Environmental Protection Act and Rules, 1986 The Environment Impact Assessment Notification 1994 & 1997 The Noise Pollution (Regulation and Control) Rules, 2000 The Municipal Solid Waste (Management & Handling Rules), 2000

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2

LEGAL AND R EGULATORY FRAMEWORK

To put the whole regulatory framework of India in perspective, a gist of constitutional provisions that relate to the environment is given below. 2.1

FUNDAMENTAL R IGHTS AND DUTIES OF A CITIZEN

1.

Under the Indian Constitution, Part III [Fundamental Rights] Article 21 states the fundamental right of protection of life and personal liberty of an individual, “No person shall be deprived of his life or personal liberty except according to procedure established by law”. It should be noted that though this Article does not explicitly mention the term ‘environment’, it is a fundamental norm recognized by the court that every person enjoys the right to a wholesome environment, which is a facet of right to life under the above-mentioned Article.

2.

Part IV – A [Fundamental Duties] Article 51 – A (g) states that “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures”. This Article was inserted by the Constitutional (42nd Amendment) Act, 1976

2.2

STATE POLICY

The State’s responsibility has been laid down in the Part IV – ‘Directive Principle of State Policy’ of the Constitution. The Article 48 –A concerns the Environmental responsibility of the State and was inserted by the Constitutional (42 nd Amendment) Act, 1976. The Article states that “The State shall endeavour to protect and improve the environment and to safe guard the forests and wild life of the country”. 2.3

LEGISLATIVE AUTHORITY

The Part XI of Constitution states the relationship between the Union and the States for sharing the legislative and administrative powers. Under this Part, the Article 245 of the Constitution gives the extent of the laws made by the Parliament and the State Legislatures. The Parliament has the power to legislate for the whole country while the State legislatures are empowered to make laws for their respective states. The Article 246 of the Part XI of Constitution divides the areas of legislation (subject wise) between the Union [List 1 or Union List in 7 th Schedule, 97 subjects], State Legislatures [List II or State List in 7 th Schedule, 66 subjects] and both Parliament and State Legislatures [List III or Concurrent List in 7th Schedule, 52 subjects]. The subjects related to environment in the 7th Schedule under the three lists are summarized below: LIST NO. I

NAME Union List

SUBJECT NO. IN LIST 52 53

54 55

56

SUBJECT

Industries Regulation and development of oil fields and mineral oil resources Regulation of mines and mineral development Regulation and development of Inter-State rivers and river valleys Fishing and fisheries beyond territorial waters

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LIST NO. II

NAME State List

SUBJECT NO. IN LIST 6 14

18 21 23

24 III

Concurrent List

17 A 17 B 20 20 A

SUBJECT

Public health and sanitation Agriculture, protection against pest and prevention of plant diseases Land, colonization, etc. Fisheries Regulation of mines and mineral development subject to the provision of List –I Industries subject to the provision of List – I Forests Protection of wild animals and birds Economic and social planning Population control and family planning

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The Parliament has powers to legislate on subjects not covered by the three Lists [Article 248].

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The Parliament is also empowered to legislate in the ‘national interest’ on matters enumerated in the State List [Article 249].

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In event of a conflict between the Central law and State law on a concurrent subject the former prevails [Article 254 (1)].

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In case of a State law passed subsequent to the Central law, the State law shall prevail in that State only if it has received Presidential Assent under Article 254 (2) of Part XI of Constitution.

From an environmental standpoint, the allocation of legislative authority is an important one as some environmental problems such as sanitation and waste disposal are best tackled at local level, while others like li ke water pollution and wildlife protection are better regulated by uniform national laws. 2.4

R ELEVANT ELEVANT LEGISLATIONS

As stated earlier, the working environment within the mines are regulated by the mining legislations while the environment (air & water emissions, noise, waste) outside the mines are governed by environmental legislations. 2.4.1

The Mines Act, 1952

As per the Act the owner, agents and managers should provide wholesome drinking water and latrines and urinals in clean sanitary conditions for all the workers 2.4.2

The Mines Rule, 1955

Rule 30 specifies the quantity of drinking water while Rule 31 outlines the storage of drinking water. Rule 33 and 37 37 making provisions for latrines on surface and underground, underground, respectively and Rule 38 provides for maintaining sanitation in the mines. Rule 39 defines

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the obligations of work persons in not misusing or damages latrines provided and polluting the underground workings of mine with excreta. 2.4.3

The Mines and Minerals (Development and Regulation) Act, 1957

The Act regulates the development of minerals in the country and was amended in 1986, 1994 and 1999 to incorporate the provisions of environmental protection and management in the mines and to bring about the concept scientific mining. Section 4 A(1) and 4 A(2) provide for termination of PL/ML by the Central Government and under sub-para 2 of para 4A by the State Governments, if in their opinion it is expedient in the interest of preservation of natural environment, prevention of pollution, conservation of mineral resources, safety in mines, and other reasons given in the Act. Sub-section 2 of Section 13 lists the matters that are covered by rules framed by the Central Government. These matters include the manner in which rehabilitation of flora and other vegetation shall be made in the same area or in any other area selected by the Central Government. Section 15(1)A(i) includes the manner in which the rehabilitation of flora and other vegetation shall be made in the same area or in any other area selected by the State Government. Section 18(1) delegates the powers to the Central Government to frame rules for major minerals for conservation and systematic development of minerals and for the protection of environment by preventing or controlling any pollution pollution which may be caused by prospecting and mining operations. Section 18(2) states that the rules may provide for all or any of the matters including the disposal or discharge of waste slime or tailing arising from any mining or metallurgical operation carried out in a mine, and the manner in which and the authority by which directions may be issued to the owners of any mine to do or refrain from doing certain things in the interest of conservation or systematic development of minerals or for the protection of environment by preventing or controlling pollution which may be caused by prospecting or mining operations. 2.4.4

Mineral Concessions Rules, 1960 and Mineral Mineral Conservation Conservation and Development Development Rules 1988.

These Rules and guidelines have been framed under MMDR Acts 1957 and provides guidelines with regard to pollution control and environment protection for mining of major minerals. The GCDR 1999 lays down the guidelines with respect to pollution control for quarrying of granites on systematic and scientific way as well as environment protection. In the rules the standards and permissible limits of discharge and emissions are not indicated and state that the concerned regulatory authority will stipulate the necessary standards. 2.4.5

Environment Protection Act 1986.

The Environment protection Act 1986 section 3 provides for fixing standards for emission or discharge of environmental pollutants. The standards of emissions or discharge of environmental pollutants from the industries, operations or processes shall be as specified in (schedules 1 to IV). Since the KSPCB is not insisting on any of the provisions while issuing the consent only the EIA needs to be done to get the licenses. 2.4.6

The Water (Prevention (Prevention and Control Control of Pollution) Act, Act, 1974 1974 and Rules

As per this Act the occupier or the operator of a mining activity has to fulfil the following obligations and duties to protect the environment and to prevent any environmental damage or pollution. Section 25 The Water (Prevention and Control of Pollution) dealing with Trade effluent (Domestic sewage only) and it is expected that there is no generation of trade

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effluent in the mining activity due to digging, over burden or any other such processing. However in case of slurry or pelletisation of mine ore there is a possibility of trade effluent generation which is to be discharged as per the water Act applicable. Act makes it mandatory the occupier to discharge any trade effluent to the land or water body by treating it to the level of the standards prescribed by the Regulatory authority. (the standards are given in the chapter xxx). Any violation of this section attracts legal action under the section 41 to of the Water Act. Section 28 The Water (Prevention and control of pollution) dealing with Trade effluent treatment and discharge regulations.

2.4.7

The Water (Prevention and Control Control of Pollution) Cess Cess Act, 1977 and and Rules

The purpose of Water (Prevention & Control of Pollution) Cess Act is levy and collect cess on water consumed by 16 categories of industries specified in the act and also by local bodies with a view to augment the resources of the Central and State Pollution Control Boards. Water cess is levied based on the water consumed consumed for domestic and specified industry. 2.4.8

The Air (Prevention (Prevention and Control Control of of Pollution) Act, 1981 1981 and and Rules Rules

The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the afore said purposes, of boards, for conferring on and assigning to such boards powers and functions relating thereto and for matters matters connected therewith. Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the prese rvation of the natural resources of the earth which among other things, includes the preservation of the quality of air and control of air pollution. The Central and State Pollution Control Boards are entrusted to perform the functions under the Act. As per the Act, Air Pollution Pollution is defined means the presence in the the atmosphere of any air pollutant. Air pollutant means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. The primary responsibility of controlling air pollution is on the Board. The very first measure to be adopted in this respect is the declaration of any area or areas within the State as air pollution control control area. In respect the Sate government has declared entire State as air pollution control area. The air pollution from industrial plants is controlled through consent mechanism by stipulating standards in respect of air pollutants. In case of non compliance, compliance, the act has made provisions for issuing directions to any person, officer or authority, and such person, officer or authority shall bound bound to comply comply with such directions. Power to issue direction includes the power to direct: ♦

Closure, prohibition or regulation of any industry, operation or process or

♦

The stoppage or regulation of supply of electricity, water or any other service

In addition to this, Provisions exist to make application to courts for restring persons from causing air pollution and punish the offender with imprisonment and fine. 2.4.9

The Environment Impact Assessment Notification 1994 & 1997

The Mining Industry requires environmental clearance from the Central Government. The Central and/or the State Government, with the following objectives for environment clearance of polluting or degrading development activities:

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Optimal utilization of finite natural resources through use of better technologies and management packages.

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Incorporating suitable remedial measures at the project formulation stage.

2.4.10 The Noise Pollution (Regulation and Control) Rules, 2000

The State Government shall categorize the area into industrial, commercial, residential or silence area/zones for the purpose of implementation of noise, standards for different area. The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules. The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule. The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise. 2.4.11 The Municipal Solid Waste (Management & Handling Rules), 2000

These rules shall; apply to every municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes. The municipal authority or an operator of a facility shall make an application in Form I, for grant of authorization for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule I. The municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule I. The State Board or the Committee shall monitor the compliance of the standards regarding groundwater, ambient air, leachate quality and the compost quality including incineration standards as specified under Schedules II, III and IV. 2.4.12 Forest Conservation Act 1980.

The Forest Conservation Act prohibits diversion any forestland to the non-forestry activities including mining. However with the permission of the Government of India the diversion is permitted only if the area approved for the mining does not contain any bio-diversity and do not harm the ecosystem. According to this Act all the mining projects existing or old sanctioned before the enactment of the Act are to be reviewed before renewing the lease. However the forest areas having rich mineral wealth and do not have high bio-diversity are diverted for the mining lease. The old mining lease like Kuduremukh still having rich bio-diversity are still allowed to mine with strict environmental safeguards. 2.4.13 The Biological Diversity Act, 2003

The Biological Diversity Act, 2003, aims to promote conservation, sustainable use and equitable sharing of benefits of India’s biodiversity resources. With this in view it provides for the establishment of a National Biodiversity Authority, State Biodiversity Boards and Biodiversity Management Committees at the level of Panchayats and Municipalities.

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The overall objectives of the act are to devise strategies, plans and programmes for conservation, sustainable use and equitable sharing of benefits of India’s biodiversity resources (including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and micro-organisms) at a whole hierarchy of levels; namely, national, state, and local bodies (Municipalities and City Corporations, Zilla, Taluk and Gram Panchayats). For this purpose promotion at all levels of good documentation of biological diversity, its uses and associated knowledge is envisaged. 2.5

R ELEVANT POLICIES

The following list of the policies related to environment and mining have been formed since 1894: 1. Forest Policy, 1894 2. Industrial Policy Resolution, 1948 3. National Forest Policy, 1952 4. Industrial Policy, 1956 5. National Forest Policy, 1988 6. The Industrial Policy, 1991 7. The Policy Statement for Abatement of Pollution, 1992 8. The National Mineral Policy, 1993 9. The Export-Import Policy, 1997 It is evident that the Policies being pursued presently have been evolved with experience and with the considerations of various national and international developments and the country's requirements for development. The Policies outline the guiding principles for the various developmental and industrial activities. In addition to the National Policies some of the mining companies have formulated their own policies. The National Policies directly related with the mining sector and some of the Environmental Policies of the mineral industry are outlined below in brief. 2.5.1

The National Mineral Policy

Minerals are non-renewable natural resources and are exploited at the place of their existence. Therefore, the guidelines for the exploitation of the minerals and the fossil fuels take into account the overall development strategies of the country. The National Mineral Policy presently embodies these and directs the mineral mining industry accordingly. The National Mineral Policy was first announced in 1990 through which 13 minerals of basic and strategic importance, namely, iron ore, manganese, chrome ore, sulfur, gold, diamond, copper, lead, zinc, molybdenum, tungsten, nickel, and platinum, were reserved exclusively for state exploitation. With the adaptation of the new Industrial Policy in 1991 radical changes were brought about in the fiscal regime with deregulation of the industry, liberalization of trade system, privatization of public sector and globalization of the economy to achieve economic liberalization, rapid industrial growth, promotion of foreign investment/technology, reduction in compulsory licensing, etc. Keeping in view the requirement of the minerals for the growth of the nation in the wake of liberalization as a result of the Industrial Policy of 1991 a new look Industrial Policy was framed and adapted in 1993 incorporating the following major features making a radical departure from the earlier Mineral Policy:

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Thirteen minerals which were exclusively reserved for exploitation by the Public Sector were opened to the national and international private sector. Foreign equity in the non-captive mines was allowed up to 50% and the enhanced equity holding was allowed to be considered on case to case basis. The Policy intended to promote small scale mining and mining of the isolated deposits with due regard to safety, conservation and environmental management. The Policy emphasized export of value added minerals and recycling of the metallic scrap and mineral wastes. The Policy recognized the environmental concern and laid down that mining shall not be taken up in the identified ecological fragile areas and the are as having rich biodiversity. This is in confirmation with the guidelines contained in the National Forest and Environment Policies.

With the above salient features, some of the environmental objectives of the National Mineral Policy, 1993 are as follows: To minimize adverse effects of mineral development/exploitation on forests, environment and ecology through appropriate protective measures. To ensure that the mining operations are carried out with due regard to safety and health of all concerned. 

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The National Mineral Policy also focuses on promotion of research and developmental activities on the minerals and establishing appropriate educational and training facilities for human resource development. For achieving the above objectives the Policy outlines the following aspects as strategy, which can also be considered the directives for the development of mining and mineral industry in the country. 1. The guiding principle in the strategy for the development of any mineral or mineral deposit at any location shall ordinarily be the economic cost. The State may, however, undertake the development of any mineral or mineral deposit in public interest to ensure unhindered availability of the mineral as raw material for the realization of the national goal. 2. There shall be adequate and effective legal and institutional framework and commitment to prevent sub-optimum and unscientific mining. 3. Conditions of mining lease regarding tenure, size, disposition with reference to geological boundaries and other mining conditions shall be such as to favourably predispose the leased areas to systematic and complete extraction of the minerals. 4. Efforts will be made to promote small-scale mining in a scientific and efficient manner while safeguarding vital environmental and ecological imperatives. 5. It is necessary to take comprehensive view to facilitate the choice or order of land uses keeping in view the needs of the development as well as the needs of protecting forests, environment and ecology. Both aspects have to be properly co-ordinated to facilitate and ensure sustainable development of the mineral resources in harmony with the environment. 6. Prevention and mitigation of adverse environmental effects of mining and processing of the minerals and repairing and revegetation of the affected forest are as and land covered with trees in accordance with the prescribed norms and established forestry practices shall form integral part of mine development strategy in every instance. 7. Mining operations shall ordinarily not be taken up in identified ecologically fragile and biologically rich areas. Strip (opencast) mining in forest should as far as possible be

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avoided and it should be permitted only when accompanied with comprehensive time bound reclamation program. 8. No mining lease would be granted to any party, private or public, without a proper mining plan including the Environmental Management Plan (EMP) approved and enforced by statutory authorities. As far as possible reclamation and afforesta tion will proceed, concurrently, with the mineral extraction. 9. Efforts would be made to convert old used mining sites into forests and other appropriate forms of land use. 10. Whenever mine closure becomes necessary, it would be orderly and systematic and so planned as to help the workers and dependent community to rehabilitate themselves without undue hardship. 11. Research and development thrust shall be directed specially in the areas of rock mechanics, ground control, mine design, engineering, equipment deployment and maintenance, energy conservation, environmental protection, safety of human operations and human engineering. It is evident from the above that the National Mineral Policy 1993 adequately addresses the issue of environmental protection and management in the mining areas besides directing attention on the protection of the ecologically fragile and biologically rich areas. The various guiding principles and objectives of the Policy are reflected in the various legislation being enforced in the mining complexes not only from the standpoint of mining but also from the concern of environmental management. The Policy also addresses the issue of old mines and directs that such sites should be converted into forest areas and for appropriate forms of land use. In addition the Policy directs that mine closure should be an integral part of mine plan. 2.5.2

The National Forest Policy

The concern for the conservation and management of the forest wealth in the country is almost 150 years old and the first effort on this account was made in the year 1855 with the issuance of the 'Charter of Indian Forestry' and then the first Forest Policy in 1894. The first Forest Policy of the independent country was formulated as the National Forest Policy, 1952. The National Forest Policy, 1988 was formulated and issued on 7th December 1988. This Policy laid stress on the following. 1. Maintenance of environmental stability through preservation and, if necessary, restoration of ecological balance that had been adversely affected by serious depletion of the forests in the country. 2. Conserving the natural heritage of the country by preserving the remaining natural forests having a vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country. 3. Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs, etc. in the interest of soil and water conservation, for mitigating floods and draughts, and for the retardation of siltation of the reservoirs. 4. Checking the extension of sand dunes in the desert areas of Rajasthan and along coastal tracts. 5. Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programs, especially on all denuded, degraded and unproductive land areas (including the mining areas).

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6. Meeting the requirements of fuel wood, fodder, minor forest produce and small timber of the rural and tribal population. 7. Increasing the productivity of the forests to meet the essential national needs. 8. Encouraging efficient utilization of forest produce and maximizing substitution of wood. 9. Creating a massive people's movement with the involvement of women for achieving the above objectives and to minimize pressure on the existing forests. It is noted from the outlines of the National Forest Policy 1988 that there is now a greater emphasis on the expansion, conservation and preservation of the forests and ecology. Since a sizable portion of coal and minerals deposits in the country are in the forest land the directives of the Policy are applicable to mining also. Although there is no direct mention of mining in the Policy, there is a need to maintain a balance between mining and the protection of the forests. The Forest Wing of MoEF debated the issue of mining in forest areas through a High Level Committee and the first step in this connection suggested was the preparation of the forest maps overlain by the locations of the mineral land coal deposits. The Ministry in 2000 issued guidelines for mining in sedimentary deposits. 2.5.3

The National Environmental Policy

Although since long there was a concern for the environmental management in the country as evident from the various Policies and Legislation the lead was given in the Sixth Plan when a Chapter on 'Environment and Development' was included in the Plan document. The Chapter laying emphasis on the problems of environmental degradation provided guidelines to the administrators for formulating and implementing the development programs incorporating environmental concerns and laying down the institutional arrangements for environmental management, administration and protection. The Eighth Plan on the basis of the overview of the environmental and forest scenario identified the eight major tasks to meet the challenge of environmental degradation. To complement the Constitutional sanctions, outlines earlier, MoEF in 1992 brought out a Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development which provides instruments in the form of legislation and regulation, fiscal incentives, voluntary agreements, educational programs and information campaigns for preventing, controlling and reducing environmental pollution. The overall objective of the Policy was to integrate environmental considerations into decision making at all levels and to achieve this, the following specific steps were identified. 1. Prevent pollution at source. 2. Encourage, develop and apply the best available practical solutions. 3. Ensure that polluter pays for the pollution control arrangements. 4. Focus protection on heavily polluted areas and river stretches. 5. Involve public in decision making. 6. Increase the safety of industrial operations. The salient features for environmental protection and management in mining projects were as given below. 1. Mining operations will not ordinarily be taken up in ecologically fragile areas. 2. A Mining Plan shall accompany every mining project. 3. The Mining Plan shall include an Environmental Management Plan,

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4. The Mining Plan shall also include a time bound reclamation program for controlling the environmental damages and for restoration of mined out areas. The MoEF issued the Environmental Action Program in 1993 with the objective of integrating the environmental concerns into the process of development. The various issues addressed were reducing pollution at source, assistance for adaptation of the best available and practicable technologies, mass based standards, fiscal measures, environmental audit, environmental statistics, and public participation. The National Conservation Strategy and Policy Statement on Environment and Development, 1992 formulated with a view to reinforcing traditional ethos and to building up a conservation society living in harmony with nature and making efficient use of the resources guided by the best available scientific and technical knowledge aimed at the following. 1. Ensuring sustainable and equitable use of the resources for meeting the basic needs of the present and future generations without causing damage to the environment. 2. Preventing and controlling the future deterioration of the life support systems. 3. Taking steps for restoration of ecologically degraded areas and for environmental improvement in the rural and urban settlements. 4. Ensuring that the developmental projects are correctly cited with least adverse environmental consequences. 5. Conserving and protecting the coastal areas and marine eco-systems. 6. Protecting the scenic landscapes, areas of geomorphological significance, unique and representative bio-mass and eco-systems and wild life habitats, heritage sites/structures and areas of cultural heritage/importance. For achieving the above the following actions were envisaged in the Policy. 1. Environmental impact assessment of all the developmental projects right from the planning stage and integrating it with their cost-benefit considerati ons. 2. Compulsory prior environmental clearance of all projects above a certain size and for those proposed to be constructed in ecologically sensitive and fragile areas. 3. Incorporation of environmental safeguards and protection measures in policies, planning, site selection, choice of technology and implementation of the developmental projects, i.e., industries, mining and mineral processing, forestry and human settlements. 4. Encouraging research and developmental activities, adaptation of environmentally compatible technologies, and to promote application of the modern tools of science and technology for conservation, bridging of large gaps in supply and demand as well as controlling and monitoring of the natural resources. 5. Encouraging public participation in environmental improvement programs and integrating the environmental concerns in planning and implementation of the developmental programs. 6. Creating environmental consciousness through education and mass awareness programs. 7. Aiming at the modernization of the process of demand unleashed by the development process itself by taking measures to recycle wast e materials and natural resources, conserving energy and the use of the natural resources in the industrial products by measures like wood substitution and generally trying to reach moderation in life style consistent with the sustainable development and the human dignity.

12


8. Developing appropriate organizational structure and a pool of professional manpower to serve as the cadre for environmental management services. 9. Efficiently implementing the various environmental laws and regulations for environmental protection through creation or strengthening of requisite enforcement machinery. It is evident that the Policy directives mean effective protection and management of environment in all the developmental and industrial activities while keeping the goal of sustainable development in view. Since mining of minerals and fossil fuels is an important industrial activity essential for the development of the society and invariably mining is considered to be an environmentally unfriendly activity the directives of the Policy are to be taken into consideration not only in planning the mining and associated activities but also during and after the completion of the mining activities. 2.5.4

The National Industrial Policy

The New Industrial Policy, 1991 was formulated to provide an impetus to the pace of industrialization in the country. This resulted in abolition of all industrial licensing for all the industries except some specified industrial sectors. The Policy addresses the environmental concerns along with objectives of sustainable development and states: “The major objectives of the new industrial policy package will be to build on the gains already made, correct the distortions or weaknesses that my have crept in, maintain sustained growth in productivity and gainful employment and attain international competitiveness. The pursuit of these objectives will be tempered by the need to preserve the environment and ensure the efficient use of available resources.” The New Industrial Policy lays stress on the following for the sustained development and growth of the industry in the country. 1. Substantial reduction in the scope of industrial licensing. 2. Simplification of procedures, rules and regulations. 3. Reforms in the Monopoly and Restrictive Trade Practices Act. 4. Reduction of the areas reserved exclusively for the public sector. 5. Disinvestment of selected public sector enterprises. 6. Enhancing limits of foreign equity participation in domestic industrial undertakings. 7. Liberalization of trade and exchange rate policies. 8. Rationalization and reduction of customs and excise duties. 9. Extension of the scope of modified value added tax (MODVAT). 2.5.5

Draft National Rehabilitation & Resettlement Policy

The Government of India is in the process of developing a rehabilitation and resettlement policy and for this a draft has been prepared. Majority of our mineral resources, including coal, and iron ore reserves are located in remote and backward regions, mostly inhabited by tribal. It is expected that there will be large-scale requirement for land for setting up developmental projects in these regions. When a project is set-up in any area, due to acquisition of land, not only those who hold land in their possession and have dwelling houses are displaced, but the displacement extends equally to the co-dependents including tenants, share croppers, landless labourers, and those carrying on any trade, occupation, calling or working for any gain within such area. Thus, the extent of displacement covers an entire system, which is much wider than the loss of land, reflected through the process of acquisition.

13


The developmental projects raise questions of equity, fairness, justice and equality before the law in the matter of distribution of benefits and burdens. Today the project affected people (PAPs) are no longer in a mood to suffer displacement along with its concomitant attributes like occupational degeneration, social disorientation, pauperization, loss in dignity and often getting cheated of the compensation amount which serve to make the experience a trauma. This has given rise to protest movements marked by a growing militancy. Therefore, to ensure equitable development of all the communities it is necessary to have an uniform rehabilitation and resettlement policy for the entire nation. It is thus imperative that a comprehensive national policy, on rehabilitation of persons, displaced as a consequence of acquisition of land, is evolved. The policy of rehabilitation should be governed by the principle of "Total Rehabilitation". The rehabilitation should be synchronized with the project implementation. Rehabilitation should not only extend to financial compensation or providing means of livelihood but it should be multidimensional. It should also include social, economic, educational, environmental, physical, occupational and cultural aspects. The total project cost must include the cost of rehabilitation. Resettlement must provide for an improved resource base so that those displaced in their new place can have access to not only shelter but also food and income generating systems, communication and social infrastructure, not inferior to that of their original habitat within a reasonable period of time, say not more than 3 years. 2.6

R ELEVANT INSTITUTIONS

Five departments are directly involved in the protection of environment due to mining and quarrying activity in the state, including the Department of Mines and Geology, Govt. of Karnataka; Indian Bureau of Mines, Department of Mines, Govt. of India; Ministry of Environment and Forest, Govt. of India; The Department of Forests, Ecology and Environment, Govt. of Karnataka; and Karnataka State Pollution Control Board 2.6.1

Department of Mines and Geology, Government of Karnataka

The primary activities of Department of Mines and Geology (DMG) in Mineral Exploration and Administration are: (a) Survey & investigation and exploratory mining, (b) Administration of Major Minerals (Granting mining leases and administering mining activity), (c) Administration of Minor Minerals (Sanction of quarry leases for building materials and other minerals), (d) collection of royalty and dead rents for both major and minor minerals, (e) Laboratory investigation of minerals and (f) Publication of Mineral investigation, maps and library services. The administrative and regulatory functions include inspection of mining and quarrying operations, control of illegal movement of minerals and levying of penalty. The governing Act and Rules are: Mines and Minerals (Development and Regulations) Act -1957 (MMDR-1957) and Mineral Concession Rules -1960 (MCR1960) & Karnataka Minor Mineral Concession Rules -1994 (KMMCR-1994). The application for site clearances for prospecting and exploration of major minerals in areas above 500 hectares from the Central Government in the Ministry of Environment and Forests should be routed through Department of Mines and Geology for consideration. 2.6.2

Indian Bureau of Mines, Department of Mines, Government of India

The primary activities of IBM are (a) approval of mine plan with Environment Management Program (EMP) and review of mine scheme (b) inspection of mines towards protection of environment and control of pollution while undertaking prospecting, mining

14


and related operations in the area, (c) enforcement of guidelines provided in the mine plan and EMP and (d) provide consultancy services towards systematic and scientific development of mines including protection of environment. The governing Acts and rules are: Mines and Minerals (Development and Regulation) Act 1957, Mineral Conservation and Development Rules 1988 (MCDR-1988), relevant provisions of the Mineral Concession Rules 1960 (MCR-1960) and Environmental Protection Act 1986. The Indian Bureau of Mines (IBM) is responsible for enforcement of provisions with respect to environment protection as per MCDR, 1988. The IBM is provides approvals for the mine plan with Environment Management Program (EMP) and reviews the mine scheme. Inspection of the mines towards the protection of the environment and control of pollution while undertaking prospecting, mining and related operations in the area is also done by IBM. The environment management program has the following guidelines for removal and utilization of top soil, storage of over burden waste rock, reclamation and rehabilitation of land, precaution against ground vibration, control of ground subsidence, abatement measures against air and water pollution control measures, restoration of flora, etc. 31 Protection of environment . Every holder of a prospecting license or a mining lease shall take all possible precautions for the protection of the environment and control of pollution while conducting prospecting, mining beneficiation or metallurgical operations in the area. 32 Removal and utilization of top soil.

1. Every holder of a prospecting license or a mining lease shall wherever top soil exists and is to be excavated for the prospecting or mining operations remove it separately. 2. The top soil so removed shall be utilized for restoration or rehabilitation of the land which no longer required for prospecting or mining operations or for stabilizing or landscaping the external dumps. 3. Wherever the top soil cannot be utilized concurrently it shall be stored separately for future use. 33 Storage of overburden, waste, rock, etc.

i.

Every holder of a prospecting license or a mining lease shall take steps so that the overburden waste rock rejects and fines generated during prospecting and mining operations or tailings. Slimes and fines produced during sizing sorting and benefactions or metallurgical operations shall be store d in separate dumps.

ii.

The dumps shall be properly secured to prevent escape of material there from in harmful quantities which may cause degradation of environment and to prevent causation floods.

iii. The site for dumps tailings or slimes shall be selected as far as possible on impervious ground to ensure minimum leaching effects due to precipitations. iv. Wherever possible the waste rock overburden etc shall be backfilled into the mine excavations with a view to restoring the land to its original use as far as possible. v.

Wherever backfilling of waste rock in the area excavated during mining operations is not feasible, the waste dumps shall be suitably terraced and stabilised through vegetation or otherwise.

vi. The fines rejects or tailings from mine beneficiations or metallurgical plants shall be deposited in a specially prepared tailings disposal area such that they are not allowed to flow away and cause land degradation or damage to agricultural field pollution of surface water bodies and ground water or cause floods.

15


34 Reclamation and rehabilitation of lands. Every holder of prospecting license or mining lease shall undertake the phased restoration reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and abandonment of prospect or mine. 35 Precaution against ground vibrations. Whenever any damage to public buildings or monuments is apprehended due to their proximity to the mining lease so as to keep the ground vibrations caused by blasting operations within safe limit. 36 Control of surface subsidence. Stoping in underground mines shall be so carried out as to keep surface subsidence under control. 37 Precaution against air pollution. Air pollution due to fines dust smoke or gaseous emissions during prospecting mining beneficiations or metallurgical operations and related activities shall be controlled and kept within permissible limits specified under various environmental laws of the country including the Air (Prevention and Control of Pollution Act) 1981 (14 of 1981) and the Environmental (Protection) Act, 1986 (29 of 1986) by the holder of prospecting license or a mining lease. 38 Discharge of toxic liquid. Every holder of prospecting license or a mining lease shall take all possible precaution to prevent or reduce the discharge of toxic and objectionable liquid effluents from mine workshops beneficiations or metallurgical plants tailings ponds into surface water bodies, ground water aquifer and useable lands to a minimum. These effluents shall be suitably treated if required to conform to the standards laid down in this regard. 39 Precaution against noise. Noise arising out of prospecting mining beneficiations or metallurgical operations shall be abated or controlled by the holder of prospecting licence or a mining lease at the source so as to keep it within the permissible limit. 40 Permissible limits and standards. The standards and permissible limits of all pollutants toxins and noise referred in rules 37, 38 and 9 shall be those notified by the concerned authorities under the provisions of the relevant statutes from time to time. 41 Restoration of flora.

1.

Every holder of prospecting licence or a mining lease shall carry out prospecting or mining operations as the case may be in such a manner so as to cause least damage to the flora of the area held under prospecting licence or mining lease and the nearby areas.

2.

Every holder of prospecting licence or a mining lease shall a) take immediate measures for planting in the same area or any other area selected by the controller General or the authorized officer not less than twice the number of trees destroyed by reason of any prospecting or mining operations. b) Look after them during the subsistence of the licence /lease after which these shall be handed over to the state Forest department or any other authority as may be nominated by the Controller General or the authorized officer and c) restore to the extent possible other flora destroyed by prospecting or mining operations.

2.6.3

Ministry of Environment and Forest, Government of India

Ministry of Environment and Forest (MoEF) is the nodal agency at national level, in the administrative structure for environmental protection and forest conservation. MoEF is assisted by the Central Pollution Control Board (CPCB), a statutory authority at the central level in executing responsibilities of prevention and control of pollution. Implementation of

16


relevant Acts and Rules and policy issues at the State level is overseen by the State Pollution Control Boards (SPCB) and the State Department of Environment and Forest (DOEF). The governing Acts and Rules are: Environment Protection Act-1986, Forest Conservation Act1980 and rules there under. The MoEF gives Environmental Clearances for mining activities. 2.6.4

Department of Ecology and Environment, Government of Karnataka

Department of Ecology and Environment (DEE) is the state nodal regulating agency responsible for environmental management of the state and can exercise promotional and regulatory functions in mining sector under the Air, Water and Environment Protection and Forest Conservation Acts. The department also houses the State Environmental Clearance Committee (SECC) which gives clearances to mining projects (major minerals) with lease area less than 5 ha and mining projects (minor minerals) above 0.5 ha. The applications seeking environmental clearances as per the EIA notifications are routed through DEE. 2.6.5

Karnataka State Pollution Control Board

KSPCB has regulatory and enforcement responsibilities with respect to air, water pollution control and hazardous waste management in mines under the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981 and rules there under, the Environment Impact Assessment Notification, 1994 & 1997 and Hazardous Waste (Management & Handling) Rules, 1989 & amendments rules 2000. KSPCB is responsible for conducting public hearing under Environmental Impact Assessment (EIA) notification for any developmental or new projects, including the mining sector. At present the Karnataka State Pollution Control Board is issuing consent to the mining industries with only the stipulations for treating domestic wastewaters, as there is no generation of any trade effluent from any mining activity. However, in case where purification and beneficiation of the ore is to be taken up at the mining area, prior consent from the KSPCB should be taken and in such cases consent conditions for the disposal of trade effluents will be specified by the Board. Under The Air (Prevention and Pollution Control) Act, at present no compliance provision are indicated in the consent letter. However the following Acts that are still valid and applicable are discussed here as they are relevant to the sector. The Standards of Service of Karnataka State Pollution Control Board are given in Annexure I. 2.6.5.1 Condition prescribed in the Consent to Establish and Operate by the KSPCB 2.6.5.1.1 General ♦

Shall obtain prior approval of the mining plan from the Indian Bureau of Mines.

♦

Shall obtain the valid mining lease from Department of Mines & Geology, Government of Karnataka.

♦

Shall obtain the forest clearance if the mining activity coming under the forest area under the Forest Conservation Act, 1980. If the mining area is coming under Revenue Land, prior permission and Land Conversion from the Revenue Department shall be obtained prior to the Notification

♦

Shall obtain the Environmental Clearance Certificate as per Environmental Impact Assessment Notification 1994, Amended 1997, from the Ministry of Environment & Forests, if the mining area exceed more than 5 Hectares. If it is below 5 Hectares, State Government clearance shall be obtained.

17


♦

Shall obtain the prior approval from the Board for establishment of ore crushers and shall take adequate measures viz., cover the crusher and rotary screen completely with semi-circular sheets and to adopt continuously water sprinkling measures to suppress the dust.

♦

Shall obtain the prior consent of the Board if intends to carryout purification and beneficiation of the ore in the mining area and the disposal of effluent is in accordance with the standards imposed under the provisions of the Water (Prevention and Control of Pollution) Act. 1974.

♦

Shall obtain the prior approval from the competent authorities for carrying out blasting activity in the mining area.

2.6.5.1.2 Protection of soil and its conservation measures ♦

Bunds of sufficient height and length shall be constructed to stop the storm water flowing through the sloppy hills from the mining areas. This will prevent the rush of storm water carrying the loose soil down below either to the reservoir or to the fields.

♦

Shall construct sufficient check dams. Gully plugs, retaining wall and contour trenches to control soil erosion from the top of the hills to the valley wherever it is necessary shall be provided.

♦

Shall construct trenches to prevent the speedy rush of water as well as the disturbance on the settled earth wherever it is-necessary shall-be provided.

♦

Shall adopt continuous water sprinkling system to suppress the dust particles in the mining area and also while transporting the Iron Ore through trucks.

♦

Shall carryout the mining activity in accordance with the mining plan approved by the Indian Bureau of Mines.

♦

Shall carryout the transportation of Iron ore is strictly as per Transit Rules.

♦

♦

Shall dump the overburden/tailings in the designated area as in the approved mining plan. The dumps shall be properly stabilized for taking afforestation measures. Shall carryout reclamation of the mines area and shall take intensive afforestation measures

2.6.5.1.3 Afforestation Measures ♦

Shall take up tree plantation continuously year after year during rainy seasons either under compensatory afforestation scheme or on their own to preserve the environment and natures status quo in the mining area

♦

Shall take up intensive afforestation measures after stabilization of the dumps to prevent soil erosion.

♦

Shall carryout soil and water conservation measures as suggested by the Department of Ecology & Environment, Government of Karnataka the Karnataka State Pollution Control Board and the Department of Mines and Geology

♦

Shall protect the environment and natural growth in the area proposed for lease.

♦

The lessees shall have no right to up-root the trees and plants except with expressed permission from the competent authorities.

2.6.5.1.4 Stormwater Management and Erosion Prevention ♦

The mining authorities shall protect the seasonal nallas is flowing in the mine lease areas by providing adequate number of check dams and gulley plugs. There shall not be any disturbances in the follow of seasonal nalla in valleys 18


♦

The mining company should carryout soil and water conservation measures as suggested by the Ministry of Environment and Forests, Government of India, the Karnataka State Pollution Control Board and the Department of Mines and Geology. Also, water harvesting and groundwater recharge facilities shall be provided in the mining area as enumerated in the industry letter dated 19 th June 2003 and all other control measures shall be implemented.

♦

The mining authorities shall ensure that the top soil from the mining operation shall carefully be removed with causing soil erosion and siltation in the area/valleys.

♦

The mining authorities shall dump the over burden in designated area as per the approval from IBM. The dump shall be periodically stabilised to take up plantation. Adequate numbers of retaining wall shall be provided to arrest run-off. Continuous water sprinkling system shall be adopted to suppress dust nuisance.

♦

The mining authorities shall not dump the overburden near the seasonal nalla or valleys.

19


3

R ESPONSIBILITIES OF THE MINING AUTHORITIES IN CONTEXT WITH MINING OPERATIONS

3.1

APPROVALS

Approval for setting up Mining Industries include: 1. Should obtain prior approval of the mining plan from the Indian Bureau of Mines 2. Should obtain the valid mining lease from Department of Mines & Geology, Government of Karnataka 3. Should obtain the forest clearance if the mining activity coming under the forest area under the Forest Conservation Act, 1980. If the mining area is coming under revenue land, prior permission and land conversion from the Revenue Department should be obtained prior to the notification 4. Should obtain the Environmental Clearance Certificate as per Environmental Impact Assessment Notification, 1994 and its amendments from the Ministry of Environment and Forests, GoI, if mining area exceeds 5 hectares. The application seeking environmental clearance (Schedule II of EIA Notification) should be routed through Department of Forest, Ecology and Environment for consideration after mandatory public hearing. However, mining projects (major minerals) where the lease area is less that 25 hectares are exempt from public hearing. Environmental Clearance should be obtained for mining projects (major minerals) with lease area less than 5 hectares and mining projects (minor minerals) with lease area above 0.5 hectares from the State Environmental Clearance Committee (SECC). 5. Should obtain Site Clearance for prospecting and exploration of major minerals in areas above 500 hectares from the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. However, no prior site clearance is required for projects involving prospecting and exploration of major minerals in areas above 500 hectares provided it is for test drilling on a scale not exceeding 5 boreholes / 100 Km 2. The application seeking site clearance should be routed through Department of Mines and Geology for consideration. Public hearing is not required for obtaining site clearance. 6. Should obtain the prior approval from the State Pollution Control Board for establishment of ore crushers and shall take adequate preventive measures 7. Should obtain the prior approval from the State Pollution Control Board if it intends to carryout purification and beneficiation of the ore in the mining area and the disposal of effluent in accordance with the standards imposed under the Water (Prevention and Control of Pollution) Act, 1974 8. Should obtain prior approval from the competent authorities for carrying out blasting activity in the mining area. 3.2

R ESPONSIBILITIES 

Should comply with the consent conditions laid down by State Pollution Control Board



Should maintain relevant log books for daily water consumption, raw material used and products manufactured, energy use and consumption, hazardous and solid waste generated, waste water generated, air emissions, etc.

20




Should submit yearly “Environmental Statement” to the concerned State Pollution Control Board



Should submit yearly “Water Cess Returns” to the concerned State Pollution Control Board



Should provide for all the conditions laid down by the Indian Bureau of Mines like maintaining green cover, water sprinkling units, soil conservation measures, etc.



Should provide for waste water treatment facility, air pollution control devices and noise pollution abatement measures.



Should provide for safe drinking water and proper sanitation amenities for the workers and also take into considerations the health and safety of the workers

21


4

WATER AND AIR (PREVENTION & CONTROL OF POLLUTION) ACTS

The Water (Prevention & Control of Pollution) Act is an act to provide for prevention of control of water pollution and maintaining or restoring of wholesomeness of water while, the Air (Prevention & Control of Pollution) Act provides for the prevention, control and abatement of air pollution. Under these two acts any new industry prior to commissioning should obtain consent of the concerned State Pollution Control Board to establish and to operate. 4.1

CONSENT PROCEDURE

All new establishments like industries, water and wastewater treatment systems, sewage treatment systems are required to obtain “Consent for Establishment ” and subsequently obtain “Consent for Operation ” under the Air and Water Acts. All the consent applications received will be subject to technical evaluation and conditions imposed to protect the environment. Application Form I and Form XIII under the Air and Water Act, respectively, to be filled by the applicant along with the consent fee and relevant documents. Pass Book system has been introduced for renewal of consents. Depending upon the industries varying in pollution potential (red, orange, and green) and capital investment (small scale, medium scale, and large scale) the consent fees varies. ♦ The industries under large scale and medium scale RED category are required to obtain consent every year. ♦ Medium scale ORANGE and GREEN category industries are required to obtain consent every year with an option for once in two years by paying two years fee. ♦ Small scale RED ORANGE and GREEN category have to obtain consent every year with an option of once in three years by paying three year fee. Tiny industries have to renew consent once in ten years by paying one year consent fee. See Annexure II for Consent fee, frequency of consent application and the periodicity of monitoring based on the classification of industries

22


5

WATER (PREVENTION & CONTROL OF POLLUTION) CESS ACT

The purpose of Water (Prevention & Control of Pollution) Cess Act is levy and collect cess on water consumed by 16 categories of industries specified in the schedule I of the act and also by local bodies with a view to augment the resources of the Central and State Pollution Control Boards. Water cess is levied based on the water consumed for domestic and specified industry. Cess is calculated on rate specified in Schedule II of the Act for different water users. As per section 4 of the act the concerned industries are required to install standard water meters at such places as may be required by the concerned authority for measuring and recording the quantity of water consumed by the industry. The industry consuming water shall furnish the cess returns in the prescribed form on or before 5th of every month to the Member Secretary of the State Pollution Control Board. The returns filed are assessed by the authority after due verification and amount payable is intimated to the user, which should be paid by demand draft by the user. If the industry complies with the regulation by providing effluent treatment plant which meets the standards prescribed in terms of quantity and quality, it is entitled to a rebate of 25%.

23


6

ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION

Under the Environmental Impact Assessment Notification of 27/1/1994 and subsequent amendments made on 04/05/1994, 10/04/1997, 27/1/2000, 13/12/2000, 01/08/2001 and 21/11/2001, powers are conferred on the Central Government by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986. Any expansion or modernization of any activity (if pollution load is to exceed the existing one), or new project listed in Schedule I to this notification, should be accorded environmental clearance by the Central Government in accordance with the procedure specified in this notification. All Mining projects *(major minerals)* with leases more than 5 hectares require environmental clearance from the central government 6.1

R EQUIREMENTS AND PROCEDURE FOR SEEKING SITE CLEARANCE FOR PROSPECTING AND EXPLORATION PROJECTS

Submit an application (proforma specified in Schedule-II) to the Secretary, Ministry of Environment and Forests, New Delhi through the Department of Mines and Geology, GoK for prospecting and exploration of major minerals in areas above 500 hectares while initiating any investigation and surveys. However, no prior site clearance is required for projects involving prospecting and exploration of major minerals in areas above 500 hectares provided it is for test drilling on a scale not exceeding 5 boreholes /100 Km 2. Public hearing is not required for obtaining site clearance. 6.2

R EQUIREMENTS AND PROCEDURE FOR SEEKING ENVIRONMENTAL CLEARANCE OF PROJECTS

Submit an application (proforma specified in Schedule-II) to the Secretary, Ministry of Environment and Forests, New Delhi through the Department of Ecology and Environment, GoK. The application should be accompanied by a project report which should include an Environmental Impact Assessment Report, an Environment Management Plan and details of public hearing. Public Hearing is not required in respect of mining projects (major minerals) with lease area up to 25 hectares. Public hearing guidelines are specified in Schedule-IV of the EIA Notification. The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance shall be granted for a sa nctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining. The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency (IAA). If deemed necessary, the IAA shall consult a committee of Experts, having a composition as specified in Schedule-III of this Notification. The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the project. The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of documents and data, furnished by the project authorities, supplemented by data collected during visits to sites or fact ories if undertaken, and details of public hearing. The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project

24


authorities and completion of public hearing and decision conveyed within thirty days thereafter. The clearance granted shall be valid for a period of five years for commencement of the construction or operation of the project. No construction work, preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental and site clearance is obtained. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency shall make compliance reports publicly available. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been approved as proposed by project authorities. For Mining projects (major minerals) with leases more than 5 hectares, nothing contained in this Notification shall apply to, if it is to be located or proposed to be located in the areas covered by the Notifications S.O. No.102 (E) dated 1st February, 1989, S.O. 114 (E) dated 20th February, 1991; *S.O. No. 416 (E) dated 20th June, 1991* and S.O. No.319 (E) dated 7th May, 1992. Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis of false data, would also be revoked. Misleading and wrong information will cover the following: ·false information, false data, engineered reports, concealing of factual data, false recommendations or decisions.

25


Obtaining Environmental Clearance Investor

Scoping by investor

Submits Project questionnaire to concerned SPCB

Submission of the project to the Min. of Env. &. Forests along with all documents listed at Part I of the handbook

Review by SPCB

Initial scrutiny by staff of Min. of Env.&.Forests

Is the project site acceptable

Is the Environmental Management Plan satisfactory

Yes Review by Environmental Appraisal Committee of the Min. of Env. &. Forests

No Can Issues be resolved

Yes SPCB issues NOC

Does the Project fall under scheduleI of EIA notification

Apply to state DOEn for Environmental Clearance

No

No EAC Members undertake site visits

Reject Is site acceptable No

Is the information provided adequate

Apply also to CCF in case of forest land is involved.

Yes Is there a public outcry against the project No

Yes

Investors advised to look for alternate site Prepare comprehensive EIA or any specific study suggested by the committee

Yes Apply to Union Min. of Env. & Forests in prescribed questionnaire

Public hearing arranged

No Can Issues be resolved?

Is the project acceptable Recommended by EAC

Yes

Reject Environmental Clearance issued by Min. of Env. &. Forests along with Stipulations

26


7

ENVIRONMENTAL STATEMENT PROCEDURES

Environmental Management in industries hitherto based on and off pipe waste treatment, is now based on the emerging philosophy of waste prevention and reduction. In order to prevent or reduce waste generation, one needs to examine the production processes, to identify the origins of wastes, the operational problems associated with the process and the areas requiring improvement. As per the notification issued by the Ministry of Environment & Forest, Government of India on 13 th March, 1992 (amended vide notification no. GSR 386 (E) dtd. 22.04.1993) under the Environment (Protection) Act, 1986, all those carrying on an industry, operation or process requiring consent to operate under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and / or under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 and/ or authorization issued under the Hazardous Waste (Management & Handling) Rules, 1989 and the Environment (Protection) Act, 1986 are required to submit the environmental statement for every financial year ending 31st March in the prescribed form [Form V] to the concerned State Pollution Control Boards on or before 30 th day of September every year beginning 1993. Non-compliance with this mandatory requirement amounts to violation of the Environment (Protection) Act, 1986. 7.1

CONTENTS OF ENVIRONMENTAL STATEMENT

A statement prepared by the industry shall include the following; i.

A description of the company’s activities at site considered

ii.

An assessment of all the significant environmental issues relevant to there activities

iii.

A summary of the figures on energy consumption, water consumption, raw materials consumption, pollutant emissions, waste generation and other significant environmental aspects.

iv.

The industry’s environmental policy objectives and targets

v.

Details of the programme to be followed and the environmental management system.

Environmental Statement helps industry to take a comprehensive role at their industrial operations and facilities, understanding of material flows and focus on areas where waste reduction and consequently saving input costs, if possible. Environmental Statement is to be prepared by every industry by filling up one “Environmental Statement Form V (enclosed vide Annexure) supplied by Pollution Control Board. For the preparation of Environmental Statement, log book need to be maintained by the mining authorities in their premises which would make the statement summarising easier. The log book list is provide below 1. Water log book 2. Raw Material log book 3. Energy log book 4. Pollutant log book 5. Hazardous log book The day to day summary from the log book can be summarised on monthly basis. A sample log book is provided in Annexure ……….

27


8

ENVIRONMENTAL AUDITING

Environmental Audit has become a step to comply with the requirement to furnish the Environmental Statement, though the importance of Environmental audit lies in achieving increased productivity and reduced waste generation. ‘Auditing’ in general is a methodical examination involving analysis, tests and confirmation of local procedures and practices whose goal is verify whether they comply with legal requirements, internal polices and accepted practices. Auditing differs from assessment in that it requires collection and documentation of competent and sufficient evidence rather than an opinion based primarily on professional judgement. “Environmental Audit” is a technique being introduced for integrating the interest of the industry and the environment so that there could be mutually supportive. This technique is basically a part of industry’s internal procedures to meet their responsibilities towards better environment. Environment Auditing is a management tool comprising a systematic documented periodic and objective evaluation of how well the management systems are performing with the aim of: •

Waste preventive and reduction

•

Assessing compliance with regulatory requirements

•

Facilitating control of environmental practices by a company’s management, and

•

Placing environmental information in the public domain.

Environmental Audit in India is different from that in developed countries and the definition of International Chamber of Commerce (ICC) is accepted. ICC defines Environmental Audit is “It is a management tool comprising a systematic, documented, periodic and objective evaluation of how well environmental organization, management and equipment are performing with the aim of helping to safe guard the environment by: ♦

Facilitating management control of environmental practices.

♦

Assessing compliance with company policies, which would include meeting, regulatory requirement.

♦

‘Environmental Statement’ which is a part of the Environmental Audit.

“Environment Policy” means a statement of a company’s overall aims and principles of action with respect to the environment. 8.1

FEATURES OF A GOOD ENVIRONMENTAL AUDIT

A good Environmental Audit

8.2

♦

defines sources, quantities & types of waste generation

♦

Collates information on unit operations, raw materials, products, water usage and wastes and increases knowledge of the process.

♦

Highlights process and poor management

♦

Helps to set targets for waste reduction

♦

Permits the development of effective waste management strategies.

♦

Rises awareness in the workforce regarding the benefits of waste reduction

♦

Helps to improve process efficiency

♦

Enables legislative compliance & avoids litigation.

AUDIT PROCEDURE

28


A step-by-step methodology for Environmental Audit as recommended by the United Nations Environment Programme and the United Nations Industrial Development Organisation (UNIDO) is illustrated in figure 1.

Phase 1: Pre-Assessment

AUDIT PREPARATION Step 1 Prepare and organise audit team and resources. Step 2 Divide Process into unit operation Step 3 Construct process flow diagram linking unit operation

Phase 2: Material Balance PROCESS INPUTS

PROCESS OUTPUTS

Step 4 Determine inputs

Step 7 quantify products / by-products

Step 5 Record water usage

Step 8 Account for waste water

Step 6 Measure current levels of waste reuse/recycling

Step 9 Account for gaseous emissions Step 10 Account for offsite wastes

DESERVE A MATERIAL BALANCE Step 11 Assemble input and output Information Step 12 Derive a preliminary material balance Step 13 and 14 evaluate and refine material balance

IDENTIFY WASTE REDUCTION OPTIONS Step 15 Identify obvious waste reduction measures Step 16 target and characterize problem wastes Step 17 Investigate the possibility of waste segregation Step 18 Identify the long term waste reduction measures

EVALUATE WASTE REDUCTION OPTIONS Step 19 Undertake environmental and economic evaluations of waste reduction options, list viable options

Phase 3: Synthesis

WASTE REDUCTION ACTION PLAN Step 20 Design and implement a waste reduction action plan to achieve improved process efficiency

Quick Reference Audit Guide

29


9

ENVIRONMENTAL PERFORMANCE VERIFICATION EXERCISE

The mining authority is required to seek Environmental Clearance from the Ministry of Environment and Forest, GoI, for a new or proposed expansion / modernisation and submit Environmental Impact Assessment report while applying for Environmental Clearance. The authorities are also required to submit yearly ‘Water Cess Returns’ and ‘Environmental Statement’ to the concerned State Pollution Control Boards. As of now, though the ‘Environmental Impact Assessment report’ is submitted through the State Pollution Control Board, there is no provision to link the EIA report with the ‘Environmental Statement’ which is submitted yearly. However, this is an important step which would not only give the yearly compliance but also the status of the environment over a period of time. In this chapter we are suggesting the following activities that would provide a rigorous analysis of environmental statement submitted by the mining authorities and develop an effective institutional arrangement for implementing Environmental Audit in the state. 1.

Verification of Environmental Audit by the Mining Authorities

2.

Verification of Environmental Audit by the Regulatory Authorities

3.

Verification of Environmental Audit by the Third Party

For the verification process the following steps are suggested: Step 1: Verification of maintenance of Log Books Step 2: Verification of maintenance of Yearly Resource Auditing Books Step 3: Verification of compliance of Mining Plan and Consent Aspects Step 4: Verification of Environmental Aspects Step 5: Verification of Environmental Statement in line with the data provided with the data submitted with Environmental Impact Assessment report.

30


Appendix I: Continued . . . Appendix I:

SR . NO

1

Standards of Service of Karnataka State Pollution Control Board The Karnataka State Pollution Control Board deals with Government, individuals, community groups, NGOs, local bodies, industries and businesses. The Board has set its standards for various services NAME OF ACT OR R ULES

IMPLEMENTING AGENCIES

OBJECTIVE OF ACTS OR R ULES

KSPCB’ S SERVICE

Responding to request for Information

General

Responding to complaints

1

Air (Prevention and Control of Pollution) Act, 1981

2

Water (Prevention and Control of Pollution) Act, 1974 and Rules

3

Water (Prevention and Control of Pollution) Cess Act, 1977 and Rules

KSPCB, CPCB

KSPCB, CPCB

KSPCB, CPCB

Provides for the control and abatement of air pollution. Board issues consent to industry which emit air pollutants with emission limits Establishes an institutional structure for preventing and abating water pollution. Board issues consent to industry and local bodies which discharge effluent with effluent limits Provides for the levy and collection of cess on water consuming industries and local bodies. Collection of

Responding to an application submitted by the stakeholder

KSPCB’ S STANDARDS

A written response within 7 working days of receiving letter or e-mail including the information sought will be sent. In cases which need more time to respond correspondence will be dispatched immediately followed by the information within 2 calendar months An immediate response where possible. A written response within 15 working days of receipt of complaint Decisions will be made within 21 days of receiving a filled-in application and supporting information. (Form No I ). In case of refusal of consent the reasons will be intimated

Responding to an application submitted by the stakeholoder

Decisions will be made within 21 days of receiving a filled-in application and supporting information. (Form No XIII ). In case of refusal of consent the reasons will be intimated

Scrutinising the returns submitted and to issue assessment order

Decision

31


Appendix I: Continued . . . SR . NO

9 10

NAME OF ACT OR R ULES

The Noise Pollution (Regulation and Control Rules), 2000 Environmental Protection Act, 1986


OBJECTIVE OF ACTS OR R ULES cess enhances the funds of the Board for effective implementation of environmental legislation

KSPCB, CPCB KSPCB, CPCB

32

KSPCB’ S SERVICE to enable stakeholders to file cess returns



Appendix I: Continued . . . SR . NO

NAME OF ACT OR R ULES


The Noise Pollution (Regulation and Control Rules), 2000 Environmental Protection Act, 1986

9 10

OBJECTIVE OF ACTS OR R ULES cess enhances the funds of the Board for effective implementation of environmental legislation

KSPCB’ S SERVICE to enable stakeholders to file cess returns


KSPCB, CPCB KSPCB, CPCB

32


Appendix II: Continued . . . Appendix II: Consent Fee to be paid by the Industries based on the capital investment, frequency of consent application and the periodicity of monitoring based on the classification of industries

Sr. No. 1

2

Classificationi Redv

Orangevi

Category Large

Consent Fee in Rupeesiii

Consent Applicationiv

Periodicity of Monitoring

> 1000 Crores

2,00,000

Every Year

Once in a month

>500 < 1000 Crores

1,50,000

Capital Investment by Industries in Rupeesii

>250 < 500 Crores

1,00,000

>50 < 250 Crores

75,000

>25 < 50 Crores

50,000

>10 < 25 Crores

30,000

>5 < 10 Crores

20,000

Medium

>1 < 5 Crores

15,000

Every Year

Once in two months

Small

>50 lakhs < 1 Crore

6,000

Every Year (option of

Once in 3-4 months

>25 lakhs < 50 lakhs <

3,000

once in 3 years by

>10 lakhs < 25 lakhs

2,000

paying 3 years fee)

Large

>5 lakhs < 10 lakhs

1,500

>1 lakh < 5 lakhs

500

< 1 lakh

200

> 1000 Crores

1,75,000

>500 < 1000 Crores

1,25,000

>250 < 500 Crores

90,000

>50 < 250 Crores

60,000

>25 < 50 Crores

40,000

Every Year

Once in two months

>10 < 25 Crores

25,000

>5 < 10 Crores

17,500

Medium

>1 < 5 Crores

12,500

Every Year (option of once in 2 years by paying 2 years fee)

Once in 3 months

Small

>50 lakhs < 1 Crore

5,000


Once in 4-6


2,500

once in 3 years by

months


1,750

paying 3 years fee)

33


Appendix II: Continued . . . Appendix II: Consent Fee to be paid by the Industries based on the capital investment, frequency of consent application and the periodicity of monitoring based on the classification of industries

Sr. No. 1

2

Classificationi Redv

Orangevi

Category Large

Capital Investment by Industries in Rupeesii

> 1000 Crores

Consent Fee in Rupeesiii

Consent Applicationiv

Periodicity of Monitoring

2,00,000

Every Year

Once in a month

>500 < 1000 Crores

1,50,000

>250 < 500 Crores

1,00,000

>50 < 250 Crores

75,000

>25 < 50 Crores

50,000

>10 < 25 Crores

30,000

>5 < 10 Crores

20,000

Medium

>1 < 5 Crores

15,000

Every Year

Once in two months

Small

>50 lakhs < 1 Crore

6,000


Once in 3-4 months


3,000

once in 3 years by


2,000

paying 3 years fee)

>5 lakhs < 10 lakhs

1,500

>1 lakh < 5 lakhs

500

Large

< 1 lakh

200

> 1000 Crores

1,75,000

>500 < 1000 Crores

1,25,000

>250 < 500 Crores

90,000

>50 < 250 Crores

60,000

>25 < 50 Crores

40,000

Every Year

Once in two months

>10 < 25 Crores

25,000

>5 < 10 Crores

17,500

Medium

>1 < 5 Crores

12,500

Every Year (option of once in 2 years by paying 2 years fee)

Once in 3 months

Small

>50 lakhs < 1 Crore

5,000


Once in 4-6 months


2,500

once in 3 years by


1,750

paying 3 years fee)

33


Appendix III:

ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 1994 SCHEDULE-II: APPLICATION FORM 1. (a) Name and Address of the project proposed: (b) Location of the project: Name of the Place: District, Tehsil: Latitude/Longitude: Nearest Airport/Railway Station: (c) Alternate sites examined and the reasons for selecting the proposed site: (d) Does the site conform to stipulated land use as per local land use plan? 2. Objectives of the project: 3. (a) Land Requirement: Agriculture Land: Forest land and Density of vegetation. Other (specify): (b) (i) Land use in the Catchment within 10 km radius of the proposed site:

(a)Water balance at site: (b)Lean season water availability; Water Requirement: (c)Source to be tapped with competing users (River, Lake, Ground, Public supply): (d)Water quality: (e)Changes observed in quality and quantity of groundwater in the last years and present charging and extraction details: (f) (i) Quantum of waste water to be released with treatment details: (ii)Quantum of quality of water in the receiving body before and after disposal of solid wastes: (iii)Quantum of waste water to be released on land and type of land: (g) (i) Details of reservoir water quality with necessary Catchment Treatment Plan:


Appendix III:

ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION, 1994 SCHEDULE-II: APPLICATION FORM 1. (a) Name and Address of the project proposed: (b) Location of the project: Name of the Place: District, Tehsil: Latitude/Longitude: Nearest Airport/Railway Station: (c) Alternate sites examined and the reasons for selecting the proposed site: (d) Does the site conform to stipulated land use as per local land use plan? 2. Objectives of the project: 3. (a) Land Requirement: Agriculture Land: Forest land and Density of vegetation. Other (specify): (b) (i) Land use in the Catchment within 10 km radius of the proposed site: (ii)Topography of the area indicating gradient, aspects and altitude: (iii) Erodibility classification of the proposed land: (c) Pollution sources existing in 10 km radius and their impact on quality of air, water and land: (d) Distance of the nearest National Park /Sanctuary/ Biosphere Reserve/ Monuments/ heritage site/ Reserve Forest: (e) Rehabilitation plan for quarries/borrow areas: (f) Green belt plan: (g) Compensatory afforestation plan: 4. Climate and Air Quality: (a)Windrose at site: (b)Max/Min/Mean annual temperature: (c)Frequency of inversion: (d)Frequency of cyclones/ tornadoes/ cloud burst: (e)Ambient air quality data: (f)Nature & concentration of emission of SPM, Gas (CO, CO2, NOx, CHn etc.) from the project: 5. Water balance:

(a)Water balance at site: (b)Lean season water availability; Water Requirement: (c)Source to be tapped with competing users (River, Lake, Ground, Public supply): (d)Water quality: (e)Changes observed in quality and quantity of groundwater in the last years and present charging and extraction details: (f) (i) Quantum of waste water to be released with treatment details: (ii)Quantum of quality of water in the receiving body before and after disposal of solid wastes: (iii)Quantum of waste water to be released on land and type of land: (g) (i) Details of reservoir water quality with necessary Catchment Treatment Plan: (ii) Command Area Development Plan: 6. Solid wastes: (a)Nature and quantity of solid wastes generated (b)Solid waste disposal method: 7. Noise and Vibrations: (a)Sources of Noise and Vibrations: (b)Ambient noise level: (c)Noise and Vibration control measures proposed: (d)Subsidence problem, if any, with control measures: 8. Power requirement indicating source of supply: Complete environmental details to be furnished separately, if captive power unit proposed: 9. Peak labour force to be deployed giving details of: -Endemic health problems in the area due to waste water/air/soil borne diseases: -Health care system existing and proposed: 10. (a) Number of villages and population to be displaced: 35


Appendix III: Continued . . .

(c)Rehabilitation Master Plan: 11. Risk Assessment Report and Disaster Management Plan: Report prepared as per guidelines issued by the Central Government in the MOEF from time to time:

12. (a) Environmental Impact Assessment (b)Environment Management Plan: (c)Detailed Feasibility Report: (d)Duly filled in questionnaire 13. Details of Environmental Management Cell:

I hereby give an undertaking that the data and information given above are due to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and the clearance given, if any, to the project is likely to be revoked at our risk and cost. Signature of the applicant With name and full address Given under the seal of Date: Organisation on behalf Place: Whom the applicant is signing. :

36


Appendix IV:

GENERAL STANDARDS FOR DISCHARGE OF EFFLUENTS (Extracts From Environment Protection Rules, 1986) STANDARDS SL. NO

I

PARAMETER

Colour and Odour

INLAND SURFACE WATER See Note I

PUBLIC SEWERS

LAND FOR IRRIGATION

See Note I

MARINE COASTAL AREAS See Note I

--2

Suspended Solids mg/l, Max.

100

3

Particular size of Suspended Solids

Shall pass 850 micron IS Sieve

4

pH value

5.5 to 9.0

5

Temperature

Shall not exceed 50C above the receiving water temperature 10

20

10

20

1.0

-

-

1.0

6

Oil and Grease mg/l, Max

7

Total Residual Chlorine mg/l, Max.

600

200

5.5 to 9.0

5.5 to 9.0

---

---

(a) For process wastewater 100 (b) For cooling water effluent, 10% above total suspended matter of influent (a) Floatable solids max. 3 mm (b) Settleable solids, max 850 microns 5.5 to 9.0 Shall not exceed 50C above the receiving water temperature

METHOD

No.2120 Visual comparison Method Spectrophotometeric Method No. 2150 Threshold odour test No. 2130 Nephlometric Method

No. 4500- H+ Electrometric Method No. 2550 Laboratory and field methods

No.5520 Partition Gravimetric method Extraction method for sludge samples No. 4500-Cl Iodometric method- Amperotric titration method

37


Appendix IV: Continued . . .

STANDARDS SL. NO

8

INLAND SURFACE WATER

PARAMETER

PUBLIC SEWERS

MARINE COASTAL AREAS

LAND FOR IRRIGATION

Ammonical Nitrogen (as N), mg/l, Max. Total Kjeldhal Nitrogen (as NH3), mg/l, Max. Free Ammonia (as NH3), mg/l), Max. Chemical Oxygen Demand, mg/l, Max. Arsenic (as As), mg/l, Max. Mercury (as Hg), mg/l, Max. Lead (as Pb), mg/l, Max. Cadmium (as Cd), mg/l, Max. Hexavalent Chromium (as Cr +6), mg/l, Max. Total Chromium (as Cr), mg/l, Max. Copper (as Cu), mg/l, Max.

50

50

-

50

100

-

-

100

5.0

-

-

5.0

250

-

-

250

0.2

0.2

0.2

0.2

0.01

0.01

-

0.01 .

0.1

1.0

-

2.0

2.0

1.0

-

2.0

0.1

2.0

-

1.0

2.0

2.0

-

2.0

3.0

3.0

-

3.0

20

Zinc (as Zn), mg/l, Max.

5.0

15

-

15

21

Selenium (as Se), mg/l, Max.

0.05

0.05

-

0.05

22

Nickel (as Ni), mg/l, Max.

3.0

3.0

-

5.0

0.2

2.0

0.2

0.2

2.0

15

-

15

9 10 12 13 14 15 16 17 18 19

23 24

Cyanide (as CN), mg/l, Max. Fluoride (as F), mg/l, Max.

38

METHOD

No4500- NH3 Primary distillation steps Titrimetric method Phenate method No. 4500 N-org Macro kjeldhal Method Semimicro Kjeldhal Method

No. 5220 Titrimetric method, Colorimetric method No. 3500- As Atomic absorption spectrometric method No. 3500- Hg, Cold Vapour Atomic absorption Method, Dithizone Method No. 3550-Pb AAS Method, Dithizone Method No. 3550-Pb AAS Method, Dithizone Method

No. 3550-Cr, AAS Method, Colorimetric method, Ion Chromatographic method No. 3550-Cu, AAS Method, Neo cuproine Method No. 3550-Zn, AAS Method, Inductively coupled plasma method, Dithizone Method, Zincon method No. 3500- Se, Colorimetric method, Fluorometric method No. 3550-Zn, AAS Method, Inductively coupled plasma method No. 4500, Titrimetric method, Cyanide- Selective Electrode Method, Colorimetric method 4500- F , Ion- selective electrode method Ion Chromatographic method



STANDARDS SL. NO

8


PARAMETER

PUBLIC SEWERS


LAND FOR IRRIGATION

Ammonical Nitrogen (as N), mg/l, Max. Total Kjeldhal Nitrogen (as NH3), mg/l, Max. Free Ammonia (as NH3), mg/l), Max. Chemical Oxygen Demand, mg/l, Max. Arsenic (as As), mg/l, Max. Mercury (as Hg), mg/l, Max. Lead (as Pb), mg/l, Max. Cadmium (as Cd), mg/l, Max. Hexavalent Chromium (as Cr +6), mg/l, Max. Total Chromium (as Cr), mg/l, Max. Copper (as Cu), mg/l, Max.

50

50

-

50

100

-

-

100

5.0

-

-

5.0

250

-

-

250

0.2

0.2

0.2

0.2

0.01

0.01

-

0.01 .

0.1

1.0

-

2.0

2.0

1.0

-

2.0

0.1

2.0

-

1.0

2.0

2.0

-

2.0

3.0

3.0

-

3.0

20

Zinc (as Zn), mg/l, Max.

5.0

15

-

15

21

Selenium (as Se), mg/l, Max.

0.05

0.05

-

0.05

22

Nickel (as Ni), mg/l, Max.

3.0

3.0

-

5.0

0.2

2.0

0.2

0.2

2.0

15

-

15

9 10 12 13 14 15 16 17 18 19

23 24

Cyanide (as CN), mg/l, Max. Fluoride (as F), mg/l, Max.

METHOD

No4500- NH3 Primary distillation steps Titrimetric method Phenate method No. 4500 N-org Macro kjeldhal Method Semimicro Kjeldhal Method

No. 5220 Titrimetric method, Colorimetric method No. 3500- As Atomic absorption spectrometric method No. 3500- Hg, Cold Vapour Atomic absorption Method, Dithizone Method No. 3550-Pb AAS Method, Dithizone Method No. 3550-Pb AAS Method, Dithizone Method

No. 3550-Cr, AAS Method, Colorimetric method, Ion Chromatographic method No. 3550-Cu, AAS Method, Neo cuproine Method No. 3550-Zn, AAS Method, Inductively coupled plasma method, Dithizone Method, Zincon method No. 3500- Se, Colorimetric method, Fluorometric method No. 3550-Zn, AAS Method, Inductively coupled plasma method No. 4500, Titrimetric method, Cyanide- Selective Electrode Method, Colorimetric method 4500- F , Ion- selective electrode method Ion Chromatographic method

38



STANDARDS SL. NO

PARAMETER


PUBLIC SEWERS


LAND FOR IRRIGATION

25

Dissolved Phosphates (as P), mg/l, Max. .

5.0

-

-

-

26

Sulphide (as S), mg/l, Max.

2.0

-

-

5.0

27

Phenolic Compounds (as C6H5OH), mg/l, Max.

1.0

5.0

-

5.0

10-7

10-7

10-8

10-7

28

Radioactive materials: (a) Alpha emitter Micro curie/ml (b) Beta emitter Micro curie/ml

10-6

10-6

10-7

10-6

90% survival of fish after 96 hours in 100% effluent



29

Bio-assay test


30

Manganese (as Mn)

2 mg/l

2 mg/l

-

2 mg/l

31

Iron (as Fe)

3 mg/l

3 mg/l

-

3 mg/l

32

Vanadium (as V)

0.2 mg/l

0.2 mg/l

-

0.2 mg/l

33

Nitrate Nitrogen

10 mg/l

-

-

20 mg/l

34

Dissolved Solids

2100

2100

2100

-

39

METHOD

No. 4500- P Vandomolybdo phosphori acid Colorimetric method Stannous chloride method Ascorbic acid method No. 4500- S2 Methylene blue method Iodometric method, Ion selective electrode method No. 6420 Liquid –Liquid extraction gas Chromatographic method Mass Spectrometric method No. 7110 Evaporation method for grass alpha, beta

No. 3500- Mn AAS Method Inductively coupled plasma method Persulphate Method No. 3550-Fe AAS Method Inductively coupled plasma method Phenanthroline method No. 3550-V AAS Method Inductively coupled plasma method Gallic acid method 24500- NO Ion Chromatographic method Colorimetric Method



STANDARDS SL. NO


PARAMETER

PUBLIC SEWERS


LAND FOR IRRIGATION

METHOD

No. 4500- P Vandomolybdo phosphori acid Colorimetric method Stannous chloride method Ascorbic acid method No. 4500- S2 Methylene blue method Iodometric method, Ion selective electrode method No. 6420 Liquid –Liquid extraction gas Chromatographic method Mass Spectrometric method No. 7110 Evaporation method for grass alpha, beta

25

Dissolved Phosphates (as P), mg/l, Max. .

5.0

-

-

-

26

Sulphide (as S), mg/l, Max.

2.0

-

-

5.0

27

Phenolic Compounds (as C6H5OH), mg/l, Max.

1.0

5.0

-

5.0

10-7

10-7

10-8

10-7

28

Radioactive materials: (a) Alpha emitter Micro curie/ml (b) Beta emitter Micro curie/ml

10-6

10-6

10-7

10-6




29

Bio-assay test


30

Manganese (as Mn)

2 mg/l

2 mg/l

-

2 mg/l

31

Iron (as Fe)

3 mg/l

3 mg/l

-

3 mg/l

32

Vanadium (as V)

0.2 mg/l

0.2 mg/l

-

0.2 mg/l

33

Nitrate Nitrogen

10 mg/l

-

-

20 mg/l

34

Dissolved Solids

2100

2100

2100

-

No. 3500- Mn AAS Method Inductively coupled plasma method Persulphate Method No. 3550-Fe AAS Method Inductively coupled plasma method Phenanthroline method No. 3550-V AAS Method Inductively coupled plasma method Gallic acid method 24500- NO Ion Chromatographic method Colorimetric Method

39



STANDARDS SL. NO

35


PARAMETER

(Inorganic), mg/l , Max. Sulphate (as SO.), mg/l, Max.

1000

PUBLIC SEWERS

1000


LAND FOR IRRIGATION

1000

-

METHOD

4500- NO2- Ion Chromatographic method Gravimetric method with ignition of residues Turbidimetric method

NOTE: 1. All efforts should be made to remove colour and unpleasant odour as far as practicable. 2. Parameters at Sl.No.34 & 35 are retained by the State Board, exercising Rule 3(2) of Environment (Protection) Rules, 1986. 3. Hydraulic loading of effluent for application on land for different soils are as under: Sl.No.

1 2 3 4 5

Soil Texture

Sandy Sandy Loam Loam Clay loam Clayey

Loading Rate in m3/Ha/Day 225 to 280 170 to 225 110 to 170. 055 to 110 035 to 055

40



STANDARDS SL. NO

35


PARAMETER

(Inorganic), mg/l , Max. Sulphate (as SO.), mg/l, Max.

1000

PUBLIC SEWERS

1000


LAND FOR IRRIGATION

1000

-

METHOD

4500- NO2- Ion Chromatographic method Gravimetric method with ignition of residues Turbidimetric method

NOTE: 1. All efforts should be made to remove colour and unpleasant odour as far as practicable. 2. Parameters at Sl.No.34 & 35 are retained by the State Board, exercising Rule 3(2) of Environment (Protection) Rules, 1986. 3. Hydraulic loading of effluent for application on land for different soils are as under: Sl.No.

1 2 3 4 5

Soil Texture

Sandy Sandy Loam Loam Clay loam Clayey

Loading Rate in m3/Ha/Day 225 to 280 170 to 225 110 to 170. 055 to 110 035 to 055

40


Appendix IV:

ENVIRONMENTAL STATEMENT (TO BE SUBMITTED AS PER ENVIRONMENT PROTECTION ACT, 1986) FORM V

Environmental Statement for the financial year ending the 31st March ……………….. PART A (i) Name and address of the owner/ occupier of the industry, operation or process. (ii) Industry category primary.- (STC Code) Secondary.- (SIC Code) (iii) Production Capacity.- Units.(iv) Year of establishment (v) Date of the last environmental statement submitted PART B WATER AND R AW MATERIAL CONSUMPTION: (i) Water consumption m3/d Process Cooling Domestic Name of products Process water consumption per unit of product output During the previous During the current financial year financial year (1) (2) (1) (2)


Appendix IV:

ENVIRONMENTAL STATEMENT (TO BE SUBMITTED AS PER ENVIRONMENT PROTECTION ACT, 1986) FORM V

Environmental Statement for the financial year ending the 31st March ……………….. PART A (i) Name and address of the owner/ occupier of the industry, operation or process. (ii) Industry category primary.- (STC Code) Secondary.- (SIC Code) (iii) Production Capacity.- Units.(iv) Year of establishment (v) Date of the last environmental statement submitted PART B WATER AND R AW MATERIAL CONSUMPTION: (i) Water consumption m3/d Process Cooling Domestic Name of products Process water consumption per unit of product output During the previous During the current financial year financial year (1) (2) (1) (2) (3) (ii)

Raw material consumption

Name of raw materials

Name of products

Consumption of raw material per unit of output during the previous during the current financial year financial year

* Industry may use codes if disclosing details of raw material would violate contractual obligations, otherwise all industries have to name the raw materials used. PART C

Pollutants

POLLUTION DISCHARGED TO ENVIRONMENT/ UNIT OF OUTPUT (Parameter as specified in the consent issued) Quantity of Concentrations of Percentage of pollutants pollutants in variation from discharged discharges (mass/ prescribed (mass/day) volume) standards with reasons

41


Appendix V: Continued . . .

(a) Water (b) Air PART D

HAZARDOUS WASTES (as specified under the Hazardous Wastes/ Management and Handling Rules, 1989) Hazardous wastes Total quantity (kg.) during the previous during the current financial year financial year (a) From process (b) From Pollution control facilities PART E

SOLID WASTES Total quantity during the previous financial year (a) (b) (c)

during the current financial year

From process From pollution control facilities (1) Quantity recycled or reutilized within the units (2) Solid (3) Disposed

PART F Please specify the characterizations (in terms of composition and quantum) of hazardous as well as solid wastes and indicate disposal practice adopted for both these categories of wastes. PART G

Impact of the pollution abatement measures taken on conservation of natural resources and on the cost of production. PART H Additional measures/ investment proposal for environmental protection including abatement of pollution, prevention of pollution. PART I Any other particulars for improving the quality of the environment.

42



ENVIRONMENT PROTECTION R ULES, 1986 ( Rule 3 (2)) Rule 3 of the Environment Protection Rules, 1986 provides for the Standard for emission or discharge of environmental pollutants. The standards are specified in Schedules I to IV for various emissions or discharges of environmental pollutants from the industries, operations or processes. Those pertaining to the mining industry have been complied below Schedule I: Sl No 11 Sl.No. Industry Parameter 11 Stone-crushing Suspended unit particulate matter

Standards The suspended particulate matter measured between 3 metres and 10 metres from any process equipment of a stone-crushing unit shall not exceed 600 micro-grammes per cubic metre.

Schedule I: Sl No 85 Environmental Standards for Coal Washeries 1. Fugitive emission standards

The difference in the value of suspended particulate matter, delta (A), measured between 25 and 30 metres from the enclosure of coal crushing plant in the downward and leeward wind direction shall not exceed 150 microgram per cubic metre. Method of measurement shall be High Volume sampling and Average flow rate, not less than 1.1 m 3 per minute, using upwind downwind method of measurement. 2. Effluent discharge standards: The coal washeries shall maintain the close circuit operation with zero effluent discharge. If in case due to some genuine problems like periodical cleaning of the system, heavy rainfall, etc., it becomes necessary to discharge the effluent to sewer/land/stream then the effluent shall conform to the following standards at the final outlet of the coal washery: Sl.No. 1 2 3 4 5 6

Parameter pH Total suspended solids Oil and Grease BOD (3 days at 27OC) COD Phenolics

Limits 5.5-9.0 100 mg/l 10 mg/l 30 mg/l 250 mg/l 1.0 mg/l

3. Noise level standards: -Operational/working zone-not to exceed 85 dB (A) Leq for 8 hours exposure -The ambient air quality standards in respect of noise as notified under the Environmental (protection) Rules, 1986, shall be followed at the boundary line of the coal washery.

43



4. Code of practice for Coal Washery. -Water or water mixed chemical shall be sprayed at all strategic coal transfer points such as conveyors, loading/ unloading points, etc. As far as practically possible conveyors, transfer points, etc., shall be provided with enclosures. -The crushers/pulverisers of the coal washeries shall be provided with enclosures, fitted with suitable air pollution control measures and finally emitted through a stack of minimum height of 30 m, conforming particulate matter emission standard of 150 mg/Nm' or provided with adequate water sprinkling arrangement. -Water sprinkling by using fine atomizer nozzles arrangement shall be provided on the coal heaps arid on around the crushers/pulverisers. -Area, in and around the coal washery shall be pucca either asphalted or concreted. -Water consumption in the coal washery shall not exceed 1.5 cubic meters per tonne of coal. -The efficiency of the settling ponds of the wastewater treatment system of the coal washery shall not be less than 90 per cent. -Storage bunkers, hoppers, rubber decks in chutes and centrifugal chutes shall be provided with proper rubber linings. -Green belt shall be developed along the roadside, coal handling plants, residential complex, office building and all around the boundary line of the coal washery. -Vehicle movement in the coal washery area shall be regulated effectively to avoid traffic congestion. High pressure horn shall be prohibited. Smokes emission from heavy duty vehicle operating in the coal washeries should conform the standards prescribed under the Motor Vehicle Rules, 1989. Schedule I: Sl No 90 Standards for coal mines 1. Air Quality Standards

The Suspended Particulate Matter (SPM), Respirable Particulate Matter (RPM), Sulphur dioxide (SO 2) and Oxides of Nitrogen (NO X) concentration in downwind direction considering predominant wind direction, at a distance of 500 metres from the following dust generating source shall not exceed the standards specified in the Tables I, II and III. In case any residential or commercial or industrial place falls within 500 metres of any dust generating sources, the National Ambient Air Quality Standards notified under Schedule VII shall be applicable. Dust Generating Sources Loading or unloading, Haul road, coal transportation road, Coal handling plant (CHP), Railway sliding, Blasting, Drilling, Overburden dumps, or any other dust generating external sources like coke ovens (hard as well as soft), briquette industry, nearby road, etc. 2. Frequency of Sampling -Air quality monitoring at a frequency of once in a fortnight at the dust generating sources given in clause 1 shall be carried out.

44



-As a result monthly monitoring, if it is found that the value of the pollutant is less than 50% of the specified standards for three consecutive months, then the sampling frequency may be shifted to two days in a quarter year (3 months). -In case, the value has exceeded the specified standards, the air quality sampling shall be done twice a week. If the results of four consecutive weeks indicate that the concentration of pollutants is within the specified standards, then fortnight monitoring may be reverted to. 3. Effluent standards The standards for effluent discharge into sewer or stream or land, are given below: pH 5.5 to 9.0 Chemical Oxygen Demand (COD) 250 mg/l Total Suspended Solids (TSS) 100 mg/l 200 mg/l (Land for irrigation) Oil & Grease (0 & G) 10 mg/l (Monitoring frequency of these parameters shall be once in a fortnight) Optional parameters: All other parameters indicated in the general standards for discharge of environment pollutants under Schedule VI, shall be in addition to the effluent standards specified under clause 3. (Monitoring frequency shall be once in a year for the optional parameters) 4. Noise Level Standards

Noise Level

6.00 AM - 10.00 PM 10.00 PM - 6.00 AM Leq 75 dB (A) Leq 70 dB (A) (Monitoring frequency for noise level shall be once in fortnight) Occupational exposure limit of noise specified by Director General of Mines Safety (DGMS) shall be complied with by the coal mines. Schedule I: Sl No 91 Noise Limit for Generator Sets run with Petrol or Kerosene 1. Noise limit Noise limit for new generator sets run with petrol or kerosene shall be as given below:

Sound Power Level Lwa

Noise Limit from September 1, 2001 September 1, 2002 90 dBA 86 dBA

2. Applicability These rules shall apply to all new generator sets using petrol or kerosene as fuel, manufactured in or imported into India: Provided that these rules shall not apply to: (a) Any genset manufactured or imported for the purpose of exports outside India, or (b) The genset is intended for the purpose of sample only and not for sale in India.

45



3. Requirement of certification Every manufacturer or importer (hereinafter referred to as “supplier”) of genset (hereinafter referred to as “product”) to which these rules apply must have a valid certificate of type approval for all the product models being manufactured or imported after the specified dates. 4. Verification of conformity of production (COP) Every supplier shall subject its products to the verification for conformity of production, by certification body specified in clause 8, every year. 5. Sale of generator sets not complying with. these rules The sale of a product model, not having valid type approval certificate, or not complying with the noise limits, as determined by the verification for conformity of production, shall be prohibited, in India. 6. Requirement of conformance labeling 6. (1) The supplier of the ‘product’ must affix a conformance label on the product meeting the following requirements: a. The label shall be durable and legible, b. The label shall be affixed on a part necessary for normal operation of the ‘product’ and not normally requiring replacement during the ‘product’ life. 6. (2) The conformance label must contain the following information: a. Name and address of the supplier (if the address is described in the owners manual, it may not be included in the label) b. Statement that “this product conforms to the Environment (Protection) Rules, 1986. c. Type approval certificate number and time phase (i.e. September 2001 or September 2002). 7. Nodal agency 1. The Central Pollution Control Board shall be the nodal agency for implementation of these rules. 2. In case of any dispute or difficulty in implementation of these rules the matter shall be referred to the nodal agency. 3. The nodal agency shall constitute a Standing Committee to advise it on all matters; including the disputed matters, related to the implementation of these rules. 8. Certification body The following agencies are authorized for type approval and for verification of conformity of production. Automotive Research Association of India, Pune; National Physical Laboratory, New Delhi; Naval Science & Technology Laboratory, Visakhapatnam; Fluid Control Research Institute, Palghat; and National Aerospace Laboratory, Bangalore. 9. Compliance and testing procedure The compliance and testing procedure shall be prepared and published by Central Pollution Control Board, with the help of the certification agencies.

46



Noise Limit for Generator Sets Run with Diesel 1. Noise limit for diesel generator sets (upto 1000 KVA) manufactured on or after the 1 st July, 2003. The maximum permissible sound pressure level for new diesel generator (DG) sets with rated capacity up to 1000 KVA, manufactured on or after the 1st July, 2003 shall be 75 dB(A) at 1 metre from the enclosure surface. The diesel generator sets should be provided with integral acoustic enclosure at the manufacturing stage itself. The implementation of noise limit for these diesel generator sets shall be regulated as given in paragraph 3 below. 2. Noise limit for DG sets not covered by paragraph 1. Noise limits for diesel generator sets not covered by paragraph 1, shall be as follows: 2.1 Noise from DG set shall be controlled by providing an acoustic enclosure or by treating the room acoustically, at the users end. 2.2 The acoustic enclosure or acoustic treatment of the room shall be designed for minimum 25 dB(A) insertion loss or for meeting the ambient noise standards, whichever is on the higher side (if the actual ambient noise is on the higher side, it may not be possible to check the performance of the acoustic enclosure/acoustic treatment. Under such circumstances the performance may be checked for noise, reduction up to actual ambient noise level, preferably, in the night time). The measurement for Insertion Loss may be done at different points at 0.5m from the acoustic enclosure/room, and then averaged. 2.3 The DG set shall be provided with proper exhaust muffler with insertion loss of minimum 25 dB(A). 2.4 These limits shall be regulated by the State Pollution Control Boards and the State Pollution Control Committees. 2.5 Guidelines for the manufacturers/users of Diesel Generator sets shall be as under: 01. The manufacturer shall offer to the user a standard acoustic enclosure of 25 dB (A) insertion loss and also a suitable exhaust muffler with insertion loss of 25 dB (A). 02. The user shall make efforts to bring down the noise levels due to the DG set, outside his premises, within the ambient noise requirements by proper siting and control measures. 03. Installation of a DG set must be strictly in compliance with the recommendations of the DG set manufacturer. 04. A proper routine and preventive maintenance procedure for the DG set should be set and followed in consultation with the DG set manufacturer which would help prevent noise levels of the DG set from deteriorating with use. 3. Limits of Noise for DG sets (upto 1000 KVA) manufactured on or after the 1 st July, 2003. 3.1. Applicability 01. These rules apply to DG sets upto 1000 KVA rated output, manufactured or imported in India, on or after 1st July, 2003. 02. These rules shall not apply to a. DG sets manufactured or imported for the purpose of exports

47



outside India; and b. DG sets intended for the purpose of sample and not for sale in India. 3.2. Requirement of Certification Every manufacturer or importer (hereinafter referred to as "supplier") of DG set (hereinafter referred to as "product") to which these regulations apply must have valid certificates of Type Approval and also valid certificates of Conformity of Production for each year, for all the product models being manufactured or imported from 1st July, 2003 with the noise limit specified in paragraph 1. 3.3. Sale, import or use of DG sets not complying with the rules prohibited No person shall sell, import or use of a product model, which is not having a valid Type Approval certificate and Conformity of Production certificate. 3.4. Requirement of Conformance Labelling i. The supplier' of the 'product' must affix a conformance label on the product meeting the following requirements: a. The label shall be durable and legible. b. The label shall be affixed on a part necessary for normal operation of the 'product' and not normally requiring replacement during the 'product' life. ii. The conformance label must contain the following information: a. Name and address of the supplier (if the address is described in the owner's manual, it may not be included in the label) b. Statement “This product conforms to the Environment (Protection) Rules, 1986". c. Noise limit viz. 75 dB (A) at 1m d. Type approval certificate number. e. Date of manufacture of the product. 3.5. Nodal Agency i. The Central Pollution Board shall be the nodal agency for implementation of these regulations. ii. In case of any dispute or difficulty in implementation of these regulations, the matter shall be referred to the nodal agency. iii. The nodal agency shall constitute a Committee to advise it on all matters; including the disputed matters, related to the implementation of these regulations. 3.6. Authorized agencies for certification The following agencies are authorized to carry out such tests as they deem necessary for giving certificates for Type Approval and Conformity of Production testings of DG sets and to give such certificates: i. Automotive Research Association of India, Pune ii. National Physical Laboratory, New Delhi iii. Naval Science & Technology Laboratory, Visakhapatnam iv. Fluid Control Research Institute, Palghat v. National Aerospace Laboratory, Bangalore 3.7. Compliance and Testing Procedure The compliance and testing procedure shall be prepared and published by the Central Pollution Control Board, with the help of the certification agencies.

48



SCHEDULE III ( See rule 3) Ambient Air Quality Standards in Respect of Noise Area Code

Category of Area

A B C D

Industrial area Commercial area Residential area Silence Zone

Limits in dB (A) Leg. Day Time Night Time 75 70 65 55 55 45 50 40

Note- 1 Note- 2

Day time is reckoned in between 6 a.m. and 9 p.m. Night time is reckoned in between 9 p.m. and 6 a.m.

Note- 3

Silence zone is defined as areas upto 100 metres around such premises as hospitals, educational institutions and courts. The Silence zones are to be declared by the Competent Authority. Use of vehicular horns, loudspeakers and bursting of crackers shall be banned in these zones. Mixed categories of areas should be declared as one of the four abovementioned categories by the Competent Authority and the corresponding standards shall apply.]

Note- 4

49



FORM XIII APPLICATION FOR CONSENT FOR ESTABLISHING OR TAKING ANY STEPS FOR ESTABLISHMENT OF INDUSTRY OPERATION PROCESS OR ANY TREATMENT DISPOSAL SYSTEM FOR DISCHARGE, CONTINUATION OF DISCHARGE UNDER SECTION 25 OR SECTION 26 OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

(See Rule 32) From Date………………………. …………………………… …………………………… To The Member Secretary, Central Pollution Control Board. Sir, I/We hereby apply for Consent/Renewal of Consent under section 25 or section 26 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) for establishing or taking any steps for establishment of Industry/ operation/ process/ or any treatment/ disposal system to bring into use any new/ altered outlet for discharge of *sewage/ trade effluent*/ to continue to discharge *sewage/ trade effluent* from land/premises owned by.. The other relevant details are as below: 1. Full name of the applicant.. 2. Nationality of the applicant. 3. Status of the applicant: a. Individual b. Proprietary concern c. Partnership firm (Whether registered or unregistered) d. Joint family concern e. Private Limited Company f. Public Limited Company g. Government Company 1. State Government 2. Central Government 3. Union Territory h. Foreign Company (If a foreign company, the details of registration, incorporation, etc.). i. Any other Association or Body: 4. Name, Address and Telephone Nos. of the Applicant. (The full list of individuals, partners, persons, Chairman (full-time or parttime), Managing Directors, Managing Partners, Directors (full time or part-time), other kinds of office-bearers are to be furnished with their period of tenure in the respective office with telephone Nos. and address). 5. Address of the Industry (Survey No., Khasra No., location as per the revenue records, Village Firka,

50



Tehsil, District, Police Station or SHQ, jurisdiction of the First Class Magistrate). 6. Details of commissioning, etc.: a. Approximate date of the proposed commissioning of work. b. Expected date of production: 7. Total number of employees expected to be employed. 8. Details of license, if any obtained under the provisions of Industrial Development (Regulation) Act, 1951: 9. Name of the person authorized to sign this form (the original authorization except in the case of individual/proprietary concern is to be enclosed). 10. (a) Attach the list of all raw materials and chemicals used per month. (b) Licensed Annual Capacity of the Factory/Industry. 11. State daily quantity of water in kilolitres utilized and its source (domestic/ industrial/ process/ boiler / cooling/ others). 12. (a) State the daily maximum quantity of effluents and mode of disposal (sewer or drains or river). Also attach analysis report of the effluents. Type of effluent quantity in kilolitres, mode of disposal. i. Domestic ii. Industrial (b) Quality of effluent currently being discharged or expected to be discharged. (c) What monitoring arrangement is currently there or proposed. 13. State whether you have any treatment plant for industrial, domestic or combined effluents. Yes/No If yes, attach a description of the process of treatment in brief. Attach information on the quality of treated effluent vis-à-vis the standards. 14. State details of sold wastes generated in the process or during waste treatment. Description Quantity Method of collection Method of disposal I/We further declare that the information furnished above is correct to the best of my/our knowledge. I/We hereby submit that in case of change either of the point of discharge or the quantity of discharge or its quality, a fresh application for CONSENT shall be made and until such CONSENT is granted no change shall be made. I/We hereby agree to submit to the Central Board an application for renewal of consent one month in advance of the date of expiry of the consented period for outlet/ discharge if to be continued thereafter. I/We undertake to furnish any other information within one month of its being called by the Central Board. I/We enclose herewith cash receipt No./bank draft No………………………. dated …………………... for Rs…………...….. (Rupees…………………………………………………………………......) in favour of the Central Pollution Control Board, New Delhi, as fees payable under section 25 of the Act. Yours faithfully, Signature of the applicant. [Note: *Strike out which is not relevant.]

51



NATIONAL Pollutant

Sulphur (SO2)

Time Weighted average

Annual Average* 24 Hours**

[SCHEDULE VII] [ See rule 3(3B)] AMBIENT AIR QUALITY STANDARDS 3

Concentration in ambient air (in ug/m for all pollutants except carbon 3 monoxide which is in mg/m ) Industrial Residential Sensitive Area Rural & Area Other areas 80 60 15

120

80

30

Oxides of Nitrogen as NO2

Annual Average*

80

60

15

24 Hours**

120

80

30

Suspended Particulate Matter

Annual Average*

360

140

70

24 Hours** Annual Average*

500 120

200 60

100 50

24 Hours**

150

100

75

Annual Average*

1.0

0.75

0.50

24 Hours**

1.5

1.00

0.75

8 hours**

5.0

2.0

1.0

8 hours**

5.0

2.0

1.0

Respirable Particulate matter (size less than 10µm) Lead (Pb)

Carbon Monoxide (CO)

*

Method of measurement

1. Improved West and Gaeke Dioxide method. 2. Ultraviolet fluorescence Jacob & Hochheiser Modified (Na-Arsenite) method. Gas Phase Chemiluminescence. (Average flow rate not less than 1.1 m3/minute)

AAS Method after sampling using EPM 2000 or equivalent filter paper. Non-dispersive infrared Spectroscopy.

Annual Arithmetic mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval.

**

24 hourly/S hourly values should be met 9S% of the time in a year. However, 2% of the time, it may exceed but not on two consecutive days.

Note. 1. National Ambient Air Quality Standard: The levels of an air quality necessary with an adequate margin of safety, to protect the public health, vegetation and property. 2. Whenever and wherever two consecutive values exceed the limit specified above for the respective category, it shall be considered adequate, reason to institute regular/continuous monitoring and further investigations.].

52



FORM I (See rule 4 of Water (Prevention and Control of Pollution) Cess Act, 1974 RETURN REGARDING WATER CONSUMED DURING THE MONTH OF.......... Name and Address of the consumer

Purpose for which water consumed

1 Quantity of water consumed in kilolitres

2 If the meter was out of order the monthly average consumption of water for the previous 3 months of the working period 5 6 1. Industrial cooling spraying in mine pits or boiler feed.

2. Domestic purpose.

3. Processing whereby water gets polluted and the pollutants are easily bio-degradable.

4. Processing whereby water gets polluted and the pollutants are not easily bio-degradable and are toxic.

Reading at the beginning of the first day of calendar month under report 3 Quantity of water qualifying for rebate according to the assessee

i. ii. iii. iv. v. i. ii. iii. iv. v. i. ii. iii. iv. v. i. ii. iii. iv. v.

Reading at the end of the last day of calendar month under report 4 Remarks*

7 8 from Municipal water supply mains from well/ tube-well from canal from river from any other source from Municipal water supply mains from well/ tube-well from canal from river from any other source from Municipal water supply mains from well/ tube-well from canal from river from any other source from Municipal water supply mains from well/ tube-well from canal from river from any other source

Signature of the consumer............................. Name……………………………………….. Address…………………………………….. *

For claiming rebate under column 7 the assessee shall indicate in this column the analytical and other reports annexed to this return in support of this claim.

53



ANNEXURE TO FORM I Report of Analysis of treated effluent showing performance of the treatment plant for the month of.................................................................... Sample collected on………………………... Sample tested on……………………………. By the Laboratories………………………… SI. Polluting parameters Maximum ConcentraDate on which No. as mentioned in the permissible tion of range There was On which conditions imposed limits or ranges of break under under consent granted allowed as per parameters down or perforunder sections 25/26 consent as per report failure of mance of the Water (Preven- condition the plant noticed tion and Control of Pollution) Act, 1974 1 2 3 4 5 6 End. : Original Analysis report of Laboratory. Signature…………………… Date………………………… Name……………………….. Address……………………...

54


C HECK L IST –I (F OR I NTERNAL AND E XTERNAL A U DITORS ) Format 1 (VG1): Verification Guidelines on Mining and Consent Aspects Sr. No

1 2 3

4 5

6 7 8 9 10 11

12 13 14 15

16 17 18

19 20

List of Questions Mining Plan Is the excavation within the approved mining plan? Is the method of excavation as per the mining norms? Have the mining authorities brought about any change or altered in raw material or manufacturing process resulting in change in quality and/or quantity of emissions? Has prior approval been taken from the State Pollution Control Board? Are the mining authorities operating as per the terms and conditions stipulated by the Mining Department, GoK / IBM approved plan / Ministry of Environment and Forest, GoI? Consent Conditions Is there any generation of trade effluent from any activity of mining process? If yes, are the consent condition being complied? Are the mining authorities using water for sprinkling system to suppress dust generation? Is domestic wastewater from the mining area treated with septic tank with soak pits? Are the septic tank and soak pit designed are per IS 2470 Part I & II? Have the mining authorities brought about any change or altered either the quality and quantity or rate of emission or install/replaced/altered air pollution control equipments? Has prior approval been taken from the State Pollution Control Board? Has an ambient air monitoring station been set-up? If yes, has it been located in consultation with the State Pollution Control Board? Has the consent conditions of a period of 8 hours monitoring so as to cover the cycle of 24 hours altleast once a week being adhered to? Have the mining authorities been maintaining a register for the data collected? Has the monthly extract of data collected being sent to the State Pollution Control Board? Has the mining authorities disposing off all solid waste generated from the process and from the effluent treatment plant in such amanner that the groundwater and surface water is not polluted, directly or indirectly? Is the mode of disposal and the area selected for the same got approval from the Board? Is the overburden disposed according to that approved in Mining Plan?

55

YES

NO


21 22

23

24 25 26

27

28

29

30 31

32 33 34

Have water meters been installed as per the Water (Prevention and Control of Pollution) Cess Act, 1977? Are the mining authorities filing water cess returns in Form – I and other provisions of the Water (Prevention and Control of Pollution) Cess Act, 1977 and 2003? Are the mining authorities furnishing detailed programme of work in form of pert chart of implementation of water and air Pollution control works to the Karnataka State Pollution Control Board? Are the mining authorities maintaining greenbelt around the mining area as per the approved Mining Plan? Are the mining authorities maintaining sufficient buffer zone around the mining area as per the Mining Plan? Are the mining authorities maintaining good roads around the mining area as a social obligation and to mitigate dust pollution? Are the mining authorities maintaining preventive measures like water sprinklers, etc., in the mining area and in immediate neighbourhood? Have the mining authorities provided adequate check dams and gulley plugs to protect seasonal nallahs in the mine lease area from getting contaminated? Are the mining authorities carrying out adequate soil and water conservation measures as suggested by the Ministry of Environment and Forest, GoI; Department of Mines and Geology, GoK; and the Karnataka State Pollution Control Board? Have adequate water harvesting and groundwater recharge facilities been provided in the mining area? Has the authorities ensured that the top soil from the mining operation being carefully removed without causing soil erosion and siltation in the area/valley? Has the overburden dump periodically stabilised to take up plantation? Have adequate number of retaining wall been provided to arrest run off? Is the overburden being dumped in the nearby seasonal nallah or valleys?

56


Format 2 (VG2): Verification Guidelines on Environment aspects Sr. No

1 2 3

4 5 6 7

8

9

10

11

12 13 14

15

16

List of Questions Protection of environment. Does the mine operator hold a prospecting license or a mining lease? Are all possible precautions for the protection of the environment being taken? Are all steps for control of pollution while conducting prospecting, mining beneficiation or metallurgical operations in the area being taken? Removal and utilization of top soil. Does any top soil exists which is to be excavated for the prospecting or mining operations? If yes is the top soil removed separately? If the top soils is not removed separately, then why? Is the top soil so removed utilized for restoration or rehabilitation of the land which no longer required for prospecting or mining operations or for stabilizing or landscaping the external dumps? If the top soil cannot be utilized, is it stored separately for future use? Storage of overburden waste rock etc. Are the overburden waste rock rejects and fines generated during prospecting and mining operations or tailings, slimes and fines produced during sizing sorting and benefactions or metallurgical operations being stored in separate dumps? Are the dumps properly secured to prevent escape of material stored in harmful quantities which may cause degradation of environment and to prevent causation floods? Is the site for dumps tailings or slimes selected on impervious ground to ensure minimum leaching effects due to precipitations? Is there a possiblity that the waste rock, overburden, etc., be backfilled into the mine excavations? If yes, what steps are being taken with a view to restoring the land to its original use as far as possible? If backfilling of waste rock in the area excavated during mining operations is not feasible, are the waste dumps being suitably terraced and stabalised through vegetation or otherwise? Are the fines rejects or tailings from mine beneficiations or metallurgical plants deposited in a specially prepared tailings disposal area so that they are not allowed to flow away and cause land degradation or damage to agricultural field pollution of surface water bodies and ground water or cause floods? Reclamation and rehabilitation of lands. Has the holder of prospecting license or mining lease undertaken phased restoration reclamation and rehabilitation of lands affected by prospecting or mining operations?

57

YES

NO


17

18

19

20 21

22 23

24

25

26

27

28

29

30 31 32

Has the holder ensured that the restoration is complete before the conclusion of such operations and abandonment of prospect or mine? Precaution against ground vibrations. Are the ground vibrations caused by blasting operations within safe limit to prevent damage to public buildings or monuments? Control of surface subsidence. Is stoping in underground mines being carried out as to keep surface subsidence under control? Precaution against Air pollution. Is the air pollution control equipments in place and functional? Is the air pollution due to fines dust smoke or gaseous emissions during prospecting mining beneficiations or metallurgical operations and related activities being controlled and kept within permissible limits specified under various environmental laws of the country including the air (prevention and control Act) 1981 (14 of 1981). And the Environmental (protection) Act. 1986 (29 of 1986) and the consent conditions given by the Pollution Control Board? Discharge of toxic liquid. Are precautions to prevent or reduce the discharge of toxic and objectionable liquid effluents from mine workshops beneficiations or metallurgical plants tailings ponds into surface water bodies ground water aquifer and useable lands being taken? Are these effluents being suitably treated to conform to the standards laid down in this regard? Precaution against noise. Is the noise arising out of prospecting mining benefications or metallurgical operations controlled at the source so as to keep it within the permissible limit? Restoration of flora. Is the prospecting or mining operations carried in a manner to cause least damage to the flora of the area held under prospecting licence or mining lease and the nearby areas? Are immediate measures for planting (not less than twice the number of trees destroyed) in the same area or any other area selected by the Controller General or the authorized officer being taken? Is the mine operator look after them during the subsistence of the licence /lease after which these shall be handed over to the state Forest department or any other authority as may be nominated by the Controller General or the authorized officer? Is the mine operator restoring to the extent possible other flora destroyed by prospecting or mning operations? Environment clearance of the mining projects . Has the mine operator obtained environmental clearance under the Environment protection Act and Rules? Has the mine operator obtained site clearance from the central Government in the MOEF? Are the recommendations of the Impact Assessment agency

58


33

34 35

adhered to? Are the project authorities concerned submitting a half yearly report to the concerned agency in order to enable the Impact assessment agency concerned to monitor the effective implementation of the recommendation and conditions subject to which the environmental clearances has been given? Forest Conservation Act 1980 . Is forest land being diverted for mining? Has the permission/approval of the Government of India for the diversion taken?

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C HECK L IST –II (F OR I NTERNAL AND E XTERNAL A U DITORS ) Format 3 (VG3): Verification Guidelines on Resource Auditing Aspects A. Monthly Water Balance Sheet WATER INTAKE WATER CONSUMPTION [a] [b] Mode of Abstraction of Volume Mode of Use of Water Volume 3 3 Water (m ) (m ) Tanker Process Surface Water Cooling Ground Water Domestic Piped Water Water Sprinkling systems Rain Water (harvested) Total Total Note: a = b + waste water generated + loss due to evaporation B. Monthly Raw material consumption R AW MATERIAL INTAKE [i] Type of Raw material Weight used (Kg)

PRODUCT PRODUCED [ii] Type of Product Weight produced (Kg)

Total Total Note:i = ii + waste products + fugitive losses through air and water C. Monthly Energy Balance Sheet ENERGY INTAKE ENERGY CONSUMPTION [a] [b] Source of Energy Kilowatts Mode of Use of Energy Kilowatt Grid Process Diesel Generator Set Cooling Solar Energy Air Pollution Control Devices Any other Water Pollution Control Devices Water Sprinkling systems Total Total Note: a = b + loss due to heat

60


A N N E X U R E ……. M A I N TA I N I N G L O G B O O K S 3

Log Book 1: Log Book for Daily Water Balance Sheet ( Volume m ) Mode of Abstraction of Water Tanker Surface Water Ground Water Piped Water Rain Water (harvested) Total Mode of Use of Water of Water Process Cooling Domestic Water Sprinkling systems

WATER INTAKE 1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/04

…

…

…

…

WATER CONSUMPTION 1/2/04

2/2/04

6/2/04

7/2/04

Total

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Log Book 2: Log Book for Daily Resources Balance Sheet ( Weight Kg) Type of Raw material used

R AW MATERIAL INTAKE DATES 1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/04

…

…

Total Type of Products manufactured

PRODUCTION DATES 1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

Total Note:For only mining projects the products includes the ore which is transported

61

6/2/04

7/2/0 4

…

…


Log Book 2: Log Book for Daily Resources Balance Sheet ( Weight Kg) Type of Raw material used

R AW MATERIAL INTAKE DATES 1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/04

…

…

Total Type of Products manufactured

PRODUCTION DATES 1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/0 4

…

…

Total Note:For only mining projects the products includes the ore which is transported

61


Log Book 3: Log Book for Daily Energy Balance Sheet ( Kilowatts) Source of Energy

ENERGY INTAKE DATES 1/2/04

2/2/04

3/2/04

4/2/04

1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/04

…

…

Grid Diesel Generator Set Solar Energy Any other Total Energy Consumption

ENERGY CONSUMPTION DATES 5/2/04

Process Cooling Air Pollution Control Devices Water Pollution Control Devices Water Sprinkling systems Total

62

6/2/04

7/2/04

…

…


Log Book 3: Log Book for Daily Energy Balance Sheet ( Kilowatts) Source of Energy

ENERGY INTAKE DATES 1/2/04

2/2/04

3/2/04

4/2/04

1/2/04

2/2/04

3/2/04

4/2/04

5/2/04

6/2/04

7/2/04

…

…

Grid Diesel Generator Set Solar Energy Any other Total Energy Consumption

ENERGY CONSUMPTION DATES 5/2/04

Process Cooling Air Pollution Control Devices Water Pollution Control Devices Water Sprinkling systems Total

62

6/2/04

7/2/04

…

…

SOP-Mining-industries-EMPRI-2005-01.pdf

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