In order to streamline and simplify the process of inspections of the units/industries, Haryana State Pollution Control Board (HSPCB) has decided to issue the following policy for inspection of industries/ projects for checking the compliance of the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and Environment (Protection) Act, 1986 and Rules made there under:-
1. Requirement of Inspections of industries/projects under various Acts/Rules
It is the prime duty and responsibility of the HSPCB to implement various Environmental Acts/ Rules in the State to Control the pollution and to save the environment from degradation. The inspections of the industries/ projects are required to be done from time to time to check and ensure the compliance of the various provisions of the following environmental Acts/Rules for the purpose of their implementation:-
- The Water (Prevention and Control of Pollution) Act, 1974.
- The Water, (Prevention and Control of Pollution) Cess Act, 1977.
- The Air (Prevention and Control of Pollution) Act, 1981.
- The Environment (Protection) Act, 1986 and following Rules made thereafter:-
2. Designing and implementation of a system for identifying Establishments needed to be inspected.
- The Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules, 2008.
- The Manufacture, Storage and Import of Hazardous Chemicals rules, 1989.
- The Biomedical Waste (Management and Handling) Rules, 1998.
- The Plastics Waste (Management and Handling) Rules, 2011.
- The Municipal Solid Waste (Management & Handling) Rules, 2000.
- The Noise Pollution (Regulation and Control) Rules, 2000.
- The Batteries (Management and Handling) Rules, 2001.
- The Public Liability Insurance Act, 1991.
2.1 Schedule of Mandatory Inspections has been conceived in such a manner that only less than 20% of the total consent applied/ granted units (projects/ industries/ establishments) are inspected in any financial year. Selection of industries shall be done through a system developed for identifying the establishments that need to be inspected, based on computerized risk assessment considering the different compliance requirements and prevailing categorization of industry.
3. Inspection by Authorized officers of the Board.
2.2 Other than mandatory inspections, there may be a requirement to inspect in following circumstances:-
- In compliance of orders of various courts/ Tribunals.
- Orders issued from Head Office for the purpose of verifying the compliance made by the unit.
- Re-sampling on the request of unit it self.
- For verification of complaints.
- To initiate legal action against illegally established/operating units.
Every inspection shall be carried out after permission of the competent authority except in the case of inspection of those illegal units which are found established & operating without CTE & CTO of the Board. A computerized system will be designed and developed for computerized allocation of the inspectors. The same inspecting officer of the Board will not inspect the same unit twice consecutively as per the provisions of the order issued vide Endst. No. HSPCB/PLG-135/2016/5235-60 dated 04.02.2016.
4. Purpose and events of the inspection of the units.
4.1. Consent to Establish (CTE)
4.1.1. New Consent to Establish
No inspection is required for the purpose of dealing the cases of CTE unless violation come to the notice of the Board and self certification for compliance of prescribed policies & norms will be considered sufficient to decide the consent to establish applications subject to submission of complete application alongwith prescribed documents & consent fee.
4.1.2. Extension of Consent to Establish
There will be a provision for auto renewal of CTE subject to compliance of the policies of the Board framed in this regard. Inspection will not be carried out and auto renewal of CTE will be done on the basis of self declaration of the unit regarding compliance of the conditions of the original CTE and Environmental Clearance (EC) if applicable and undertaking for installation of pollution control measures/ devices as per scheme/ proposal already submitted.
4.1.3. Consent to Establish for Expansion of the project
Inspection will not be carried out for processing the case for Consent to Establish for Expansion of the project and Consent to Establish for Expansion of the project will be granted in case the unit submits required documents and prescribed consent fee as per policies of the Board alongwith (a) self certification regarding compliance of prescribed standards for discharge of Environmental Pollutants in the existing operating project of the unit (b) submission of copy of valid CTO under Water Act, 1974/ Air Act, 1981 and authorization under HWM, Rules (c) copies of latest Mandatory Inspection reports and (d) Analysis Reports of effluent / air emissions/ noise as applicable from Board's Laboratories or Recognized laboratories.
4.2 Consent to Operate (CTO)
4.2.1 First Consent to Operate
No separate trial consent will be granted. Ist consent to operate will include trail consent. Inspection of the industry will be carried out by the authorized officer/ officers of the Board before commissioning of the production in the unit and before giving the Ist CTO, after approval from the Competent Authority to check the status regarding installation of pollution control measures/ devices undertaken at the time of obtaining the CTE as well as their structure adequacy before deciding the cases of Ist CTO.
4.2.3 Renewal of Consent to Operate
After grant of the Ist CTO the inspection of the unit will be carried out by the authorized officer within a period of 3 months of grant of Ist CTO for collection of samples of effluent/ air emissions/ noise in case sampling is required.
In case the analysis report of samples of Air/ effluent/ noise so collected are found complying the standards prescribed under EP Rules, 1986, the Ist CTO so granted will remain valid for the period of CTO for which it has been granted based upon the category of the unit or as was demanded by the unit but in case of failure of sample the Ist CTO so granted will be revoked/ cancelled after following the due procedure.
There will be provision of auto renewal of CTO as per policy of the Board framed in this regard, but there will be no requirement of inspection of industries at the time of renewal of CTO in case the unit submits the analysis reports of effluent, air emissions and noise as applicable, from any of the recognized laboratories showing the compliance of prescribed standards with self certification and undertaking for compliance of the relevant provisions of Acts/Rules as applicable and adherence to the prescribed standards alongwith latest Mandatory Inspection report / analysis reports conducted by the team of officer of the Board as per provisions of this policy.
4.2.4 Mandatory Inspections
In case the unit wants to get their samples of effluent/air emissions/noise, analyzed from Board’s laboratories for the purpose of renewal of consent to operate, the inspection will be carried out for the purpose of this sampling by the officer of the Board permitted by Competent Authority.
The category wise list of all the units covered under consent management and BMW Rules will be uploaded in the software system to be developed by the Board for implementation of inspection policy and the same shall be updated from time to time by the concerned Regional Officers.
The periodicity of inspections/ sampling of various units by the authorized officers of the Board under various categories for existing units will be as under:-
||Category of the industries/ projects
||17 type highly polluting industries defined by CPCB (among red category)
||Red category of industries other than those mentioned at Sr. No. (a) above
||Orange Category of Industries
||Green Category of Industries, which hava a history of satisfactory compliance of environmental laws and prescribed norms of last 10 years or last 03 consecutive inspections arising either from mandatory inspection or any kind of other inspections conducted by the Board officials or which have installed the online monitoring system for effluent/air emissions showing compliance of prescribed standars are exempted from environmental compliance inspection vide order No. HSPCB/2017/5614 dated 26.10.2017 subject to submission of self certificaton on yearly basis in lieu of conducting physical inspection regarding satisfactory compliance of environmental laws and prescribed norms.
At the time of collecting the samples of effluent/ air emission/ noise by the authorized officer of the Board during the above Mandatory Inspection, the relevant legal provisions of sec. 21 of Water Act, 1974 and sec. 26 of Air Act, 1981 and Rules made their under shall be complied with by the inspecting officer.
The list of industries / projects to be inspected every month and name of the inspecting officers for inspecting these industries will also be selected through software system based on computerized risk assessment and will be uploaded on the website of the Board and copy of the same will be supplied to the concerned.
4.2.5 Inspections for Redressal of Complaints received through CM Window portal, Grievances Committees at District Levels under the Chairmanship of Hon’ble Minister and otherwise by Deputy Commissioners.
Inspection of only those units against which complaints will be received only through CM Window portal, District Level Grievance Committees and otherwise by Deputy Commissioners, will be done by the authorized officers of the Board with due permission of competent authority.
4.2.6 Directions/ orders from various Courts/Tribunal/ Appellant Authority/CPCB.
The authorized officers of the Board will visit the units as per requirement for compliance of orders passed by various Courts/Tribunals/ Appellant Authority/CPCB from time to time after taking approval from Competent Authority for which the concerned Regional Officer will submit the proposal to Head Office immediately after receipt of such orders.
4.2.7 Inspection on the request of the Industry
As per policy of the Board, the units which are found not complying with the prescribed standards for discharging environmental pollutants, due to inadequate Pollution Control Devices (PCDs) or improper operation of the same, then such units after making up-gradation or making rectification in the component of PCDs or after sorting out their operational problems, can request the Board to get their units inspected for verification of the same and for re-sampling afresh to prove the compliance of the prescribed standards and to avoid the legal/ closure action against their units. On receipt of request from such unit the inspection of such units will be allowed by the competent authority on priority bases to check the compliance status and for re-sampling.
As per policy of the Board, the industries are at liberty to get the samples of their effluent/ air emissions/ noise as applicable, analyzed either from the Board's Lab or from any other Labs recognized by the Board for the purpose of renewal of CTO. In case any such unit makes request for sampling and testing of their samples of effluent/ air emissions/ noise from the Board Labs then the ROs will update the list of such units in the software system on regular bases and sampling program for such units will be issued separately from H.O. through software system.
4.2.8 Inspection of illegal industries/ units.
The detail of such pending samples, requested by the units, will be submitted by RO immediately after notification of this policy and no such samples will be collected by ROs at their own level.
Thrust will be given that units obtain CTO for 5 years in case of Red category, 10 year in case of orange category and 15 years in case of Green Category of industries to minimize necessity of inspections.
The field officers will also visit those industries which are found established & are operating without obtaining CTE/CTO and running illegally without obtaining CTE/CTO and authorization/registration under relevant Acts/Rules as applicable on such units. No approval is required from the Competent Authority for such inspections but such inspections will include proper sampling of effluent/ air emissions/ noise, as required by following the due legal procedure laid down for legal samples under relevant Acts/Rules.
5. Requirement of Sampling and submission of analysis report from Board's Laboratories.
The industries covered under consent management will submit analysis report of effluent/air emission/noise as applicable only from the Board’s laboratories at the time of obtaining 1st regular CTO and thereafter the industries will be at liberty to get their samples analyzed from other Govt./Semi Govt./Private laboratories recognized by Board for the purpose of renewal of CTO, instead of year to year basis.
6. Verification and Assessment under Water (Prevention and Control of Pollution) Cess Act, 1977.
In the case of Mandatory Inspections, court matters, re-sampling and complaints, the samples will be analyzed by Board Laboratories.
In case the units have installed water meters on all the sources of water and at all the distribution systems for use under different heads as prescribed in the Act and file the cess returns every month, then such units will not be inspected for verification of cess for that particular period and assessment orders will be issued based upon the cess returns filed by such unit and self certification submitted by the unit alongwith cess returns stating that the cess returns filed are based actual consumption and undertake to pay the difference of cess amount if any found at the time of actual cess verification at site. The actual verification in case of such unit will be done at the time of Mandatory Inspection of industry to be conducted for verification of CTO application or on other events. RO will ensure that all the units covered under Water Cess Act should install water meters at all appropriate locations and file cess returns every month as per provisions of Water Cess Act, 1977. Water meter of such units will be sealed by the Board.
7. Inspection of Health Care Units (HCUs) required for authorization under Bio Medical Waste (M&H) Rules, 1998;
The industries / establishments which have not installed water meters and are not filing cess returns regularly, will be inspected for verification of the cess at the time of the verification of CTO application of the said industry or on other events as per approval of the Competent Authority. In case the verification of CTO application is not required then such units will be inspected once in a year which is mandatory to have actual assessment of water cess based upon actual consumption of water under various heads as per provisions of Water Cess Act, 1977. ROs will update the list of such units in the software system on regular bases and sampling program for such units will be issued separately from H.O. through software system.
The HCUs having 20 beds or more are covered under consent management and therefore will be governed by the provisions of this policy prescribed for the industries/projects/units requiring CTE and CTO.
8. Common Treatment and Disposal Facilities (CTDFs).
Rest of HCUs will be inspected only at the time of obtaining Ist authorization and thereafter at the time of its renewal on approval from competent authority. ROs will update the list of such units in the software system on regular bases and sampling program for such units will be issued separately from H.O. through software system.
8.1 Registration under E-Waste (M&H) Rules, 2011, Plastic Waste (M&H) Rules, 2011, Hazardous Waste (MH &TM) Rules, 2008 and Authorization to service providers for common Bio Medical Waste Treatment and disposal facility under Bio Medical Rules (M&H) Rules 1998.
Where an industry/ project proponent applies for registration under E-Waste (M&H) Rules, 2011 or under Plastic Waste (M&H) Rules, 2011 or Hazardous Waste (MH &TM) Rules, 2008 or any service provider for authorization common Bio Medical Waste Treatment and disposal facility under Bio Medical Rules (M&H) Rules 1998 then RO will seek the prior permission from Competent Authority for conducting the inspection of such facilities/ establishments to check the installation of pollution control devices and arrangements based on environmentally sound technologies as per provisions of these Rules & guidelines issued by CPCB/HSPCB for registration/authorization of such units.
8.2 Regular inspection of CTDFs
Common treatment and disposal facilities for Hazardous Waste, Bio Medical Waste, Municipal Solid Waste and Common Effluent Treatment Plant and Sewage Treatment Plant of the towns will be inspected quarterly by the team of officers allotted the inspection by the competent authority. Regional Officers will update the list of all such facilities from time to time in the software system for this purpose.
9. Reporting of Inspections
Reports of all the inspections/samplings will be done by the officer inspecting the industries/ projects through online system (to be developed by the Board) within a period of 24 hours of each inspection to the Head Office, stating the outcome of inspection as per prescribed format for industries/ projects under Water Act, 1974, Air Act, 1981 and EP Rules and for Health Care units under BMW Rules which will also be accessible to the concerned units.
10. Action against units found violating the provisions on Environmental Acts/ Rules
The inspection reports in case of common treatment & disposal facilities such as CETPs/ STPs, common facilities for treatment and disposal of Bio Medical Waste & Hazardous Waste, recyclers/re-processors of Hazardous Waste, dismantlers and recyclers of e-waste and recyclers of plastic waste will be submitted on the already prescribed performas.
The order for submission of inspection reports within 24 hours has already been issued separately vide order Endst. No. HSPCB/2017/4202-4229 dated 30.05.2017. The non submission of inspection reports within 24 hours by the inspecting officers will not render the inspection so carried out invalid but would entail disciplinary action against the inspecting officer/ officers.
The users will be allowed to login to the portal to view and download the submitted inspection reports of their units.
In case of industries/projects/units which are found during inspection not complying the applicable provisions of the relevant Acts/ Rules/ Polices or conditions of the Environmental Clearance (if applicable) and conditions of CTE/CTO/Authorizations/Registrations/NOCs granted by the Board or not installed or not operating the pollution control measures or not complying the standards prescribed for discharge of Environmental Pollutants or any other violations noticed during inspections, the proposal for taking the appropriate action against such units under the relevant Acts/Rules/Polices will be submitted by the concerned Regional Office to the Head Office within 07 days of inspection or receipt of analysis report of samples collected during the inspection of the unit and the same will be uploaded on the website of the Board.