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Stone Crusher Notifications

Q1. Stone Crusher Notification Dated 18.12.1997
Q2. Stone Crusher Notification dated 30.10.1998(Amendment)
Q3. Stone Crusher Notification 18.10.2000 (Amendment)
Q4. Stone Crusher Notification 18.03.2004 (Amendment)
Q5. Stone Crusher Notification 11.05.2016 (Amendment)

 

Haryana Government
Environment Department
Notification Dated 18.12.1997

No. S.O. 126/C.A. 29/86/S. 5 & 7/97- Whereas it is necessary and expedient to take immediate steps under sections 5 and 7 of the Environment (Protection) Act, 1986 and section 19 of the Air (prevention and Control of Pollution) Act, 1981 and rules framed there under and to maintain ecological balance in the State to prevent environment degradation and to avoid traffic and human health hazards;

And whereas the State Government has already taken a decision to maintain ecological balance keeping in view the industrial development and also to maintain the quality of environment and to avoid health hazard for the residents of the area;

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986, read with Government of India, Ministry of Environment and Forests, Department of Environment, Forests and Wildlife, notification No. S.O. 152 (E), dated the 10th February, 1988, and in pursuance of the provision of section 7 of the said Act and rule 4 of the Environment (Protection) Rules, 1986, and in supersession of the Environment Department, notification No. S.O.81/C.A. 1986/S. & 7/92, dated the 9th June, 1992, No. S.O. 94/C.A.1986 S. & 7/92, dated the 4th August, 1992, No. S.O. 78/C.A. 1986/S, 5& 7/92, dated the 24th November, 1992, No. S.O. 152 /C.A. 1986/S. 5 & 7/92, dated the 4th December, 1992. No. S.O. 155/C.A. 1986/S. 5 & 7/92, dated the 18th December, 1992, No. S.O. 33/C.A. 1986/S, 5 & 7/93, dated the 8th December, 1993. No. S.O. 33/C.A. 1986 29/86/S. 5 & 7/97, dated the 18th March, 1997 and No. S.O. 56/C.A. 29/1986/S. 5 & 7/97, dated the 11th July, 1997 the Government of Haryana hereby issues the following directions for stone crushing units in regard to siting criteria norms as per Schedule-I , Schedule-II, Identification of zones and availability of sites as per Schedule-III and procedure for establishment and operation in identified zones as per Schedule-IV.

Any action taken in pursuance of the superseded notifications referred to above will be deemed to have been taken under the provisions of this notifications so far as it is not inconsistent with the provisions of this notification.

SCHEDULE 1 NORMS FOR SITING OF STONE CRUSHERS IN HARYANA Criteria Distance in K.M 1. Minimum distance required from the nearest National Highway 1-5 2. Minimum distance required from the nearest State Highway 1-0 3. Minimum distance required from the nearest Major District 0-3     roads and other roads 4. Minimum distance required from the nearest Metro Politan Cities 5-0 5. Minimum distance required from the District Head Quarter      3-0 6. Minimum distance required from the nearest town abadi      1-5 7. Minimum distance required from the nearest village abadi      1-0 8. Minimum distance required from the nearest tourist complex 1-5 9. Minimum distance required from any land recorded as forest 1-0     in Government record 10. Minimum distance required from any controlled area 1-0 11. Minimum distance required from approved water supply of 1-5     20 kilo meter capacity 12. Minimum distance required from any indoor treatment unit 1-0     catering to 25 or more indoor patients 13. Minimum distance required from Surajkund and Bhadkhal lakes 2-0 14. Minimum distance required from notified bird sanctuaries      2-0



1. All distances are to be measured as the crow flies from the highest node of the Crusher Conveyer belt to the outer periphery of the revenue phirni ( Lal Dora wherever there is no village phirni) or the Municipal limits or the periphery of the feature concerned.

2. The already notified approved crusher zones would not be affected by the above cited minimum distance criteria as the feasibility of having a conglomeration of Stone Crushing Units in conjunction with the siting criteria above is not possible. The above mentioned siting criteria will only be applicable to new crushing unit to be established in the area outside the identified zones.

Schedule-II
Directions regarding emission norms and pollution control measures requirements

Item No. I

1. Pollution Control Parameters:-


The suspended particulate matter ( hereinafter referred to as SPM) measured between 3 meters and 10 metres from any process equipment of a Stone Crushing unit shall not exceed 600 microgrames per cubic metre.


The measurements of SPM are to be conducted at least twice a month for all the twelve months in a year.


Item –II


The following Pollution Control Devices and Measures are required to be installed and operated as mandatory obligation by the Stone Crushing Units under the Environment Protection Rules 1986.


A.    Dust containment cum suppressing system for the equipment;


B.    Construction of approved wind breaking walls;


C.    Construction of minimum approved metelled roads within the premises of the crushing units or within the zone housing the stone crushing units;


D.    Regular Cleaning and wetting of the ground within the premises and the remaining enclosure of the crushing units and the Zone where the unit is situated.


E.    Growing of a green belt along the periphery of the crushing unit or the crushing zone as ordered by the Authority permitting the unit and the crushing zone;


F.    The Stone Crushing units must sprinkle through approved sprinklers atleast 10 kilo. liters of water per day for a stone crushing capacity of 100 tones per day and pro rata accordingly for higher capacity crushing unit.


G.    The source of energy used by the stone crushing units whether supplied by the public authority or used by the unit at its own will be feeding separate energy for the generation or receipt of such energy to the production plant of the crushing unit or pollution control devices. The separate energy and energy meter and in terms of energy consumed and hour meters will be installed on the pollution control devices with complete separate record for the consumption of energy by such pollution control measure be made available to the Haryana State Pollution Control Board immediately on its demand on the spot or within a period of three working hours thereafter at the most;


H.    The Stone Crushing Units will furnish on demand to the Haryana State Pollution Control Board the complete data relating to the sources and quantity of raw material legitimately utilized or exploited by the Stone Crushing units as also its production data and taxes and duties paid as applicable thereon under the law of land;


I.    A wind breaking wall will be provided with a structurally sound structure rising upto the height of the node point of the conveyer belt of the Stone Crushing Unit in a length of atleast 50 meters on the vulnerable abadi and road side or critical point side of the crushing unit;


J.    A green belt along any approved notified zone will be for a depth of atleast 100 meters or along the periphery of the crushing zone with minimum 10 rows of such trees in the direction of the depth of the green belt. “ The spacing of such trees along the periphery shall not exceed 8 meters along the periphery. The nature of tree to be planted and their protection measures required for such trees plantation shall be subject to the approval of the competent Divisional Forest Officer. The responsibility for planting and maintaining of green belt shall be with all the stone crushing units operating at that time and in case any stone crushing unit does not comply with this direction the Board shall get it done at the expense of the defaulting stone crushing unit. If the units fail to pay the expenditure incurred to the Board then the units will be treated as defaulters in law and debarred from operating their stone crushers inspite of their being a valid activity other wise.


K.    For individual isolate stone crushing unit outside the approved crushing zone the depth of green belt shall be provided by the crushing units which should be atleast 10 meters all along the periphery will the total number of trees so planted and property maintained being not less than 300 trees approved by Haryana State Pollution Control board;


L.    For each stone crushing unit cited within the approved crushing zone a minimum of 150 trees planted all along the periphery of the premises of the crushing units concerned will be provided and properly maintained by the crushing unit concerned individually apart from the green belt provided on the periphery of the Crushing Zone;


M.    The metalled roads to be provided by each crusher within its own premises and further to be provided jointly by the crushers in the approved zone will be as determined by Haryana State Pollution Control Board in consultation with Engineer –in- Chief, PWD, ( B& R) and the same will be provided within its own premises whether owned by the unit in isolation in approved crushing zone and in the case of common areas within an approved crushing zone to satisfactory specifications of constructions and maintenance.- Haryana State Pollution Control Board will have the authority to cancel the continued operation in zone or at isolated sites or premises within zones where such metalled roads are not satisfactorily constructed or maintained individually or jointly as applicable to the area in question;


N.    In case of existing stone crushing units which have been in operation at any time for a continuous period of atleast one year before the issue of this notification in respect of siting criteria infringement only in respect of distance from the nearest road of any type or the village phirni ( Lal dora where there is no village plhrni), a structurally safe wall for a length of alteast 50 meters of every vulnerable sites or the crushing units will have to be provided with such wall rising upto a height of atleast the nod point of the conveyer belt of the stone crushing unit in question in isolating manner. However, no relaxation will be allowed even with the addition of protecting wind breaking walls in respect of stone crushers coming within 850 meters or less of any phirni ( Lal dora where there is no village phirni) or village abadi.



Item No. III



Every Stone Crushing unit will construct shed and install sprinklers to the satisfaction of Haryana State Pollution Control Board as ordered by it before obtaining any consent to operate a stone crusher from the Board.
Item No. IV


Every stone crusher whether in notified zone or outside it must posses & operate in minimum area of one acre of land owned by the Stone Crusher unit and not obtained on lease from the Panchayat or any other person.


Provided that the Stone Crushing Units may be allowed to be located on the land taken on lease from Panchayat, if such land in leased out for minimum period of 20 year with the written permission of the Director Panchayat or Government as the case may be. The lease agreement shall be irrevocable.


Schedule IV

Procedure for establishment and operation of stone crushing units in identified zones



1.    Existing Stone Crushing units working anywhere in the State of Haryana which do not fall in the areas as specified in Schedule-I or in identified zones as per Schedule – III will have to either shift after obtaining consent to establish (NOC) from Haryana State Pollution Control Board to a site meeting the siting criteria as per Schedule-I or at available sites in the identified crushing zones as per schedule- II or close down the unit without involving any claim against any Authority.


2.    The following policy will be adopted for the consideration of the applicant for consent to establish (NOC) for setting up of crushing units in the identified zones as per Schedule- III in order of following priority:


2.1    The first priority will be given for such crushing units which were ordered to be closed down or ordered to be shifted under the final orders of any Judicial Authority from their previous location anywhere in Haryana. But no stone crushing unit will be considered for resiting anywhere outside the district where they were previously operating according to the district boundaries as applicable on the date when the Judicial Orders restraining them came in force. Interse priority of such crushing units for resiting will be made according to the date when the Judicial order came in force. However, such stone crushing unit shall have to file a complete application for the consent to Establish (NOC) to the Haryana State Pollution Control Board for the issue of Consent to Establish (NOC) within a period of six months from the date be extended for another six months by the Haryana State Pollution Control Board. Any relaxation beyond this period for a further period of six months may be granted in Public interest by the State Government by recording reasons. Any application for the Consent to Establish (NOC) which could not be accepted for want of availability of site will however be treated as not time barred and limitation period will commence form the date of availability of site within the identified zones.


2.2    The second priority would be given for stone crushing unit for resiting which were closed by the Haryana State Pollution Control Board or the Government of Haryana, Environment Department on account of non- compliance of siting criteria norms. The time limit for such applications will be according to the criteria as specified in para 2.1 above.


2.3    No unit that shut down their stone crushing activities without any legal restraint order on them whether in the past or in the future would be considered for issue of any Consent to Establish (NOC) for being resited in any approved crushing zone unless they have already been so accommodated by the authority that was competent to issue consent to establish (NOC) here before.


2.4    The applications for allotment of any available stone crushing sites within the identified zone will be made henceforth to the Haryana State Pollution Control Board in response to public advertisement notices published at least in two English and two Hindi daily newspaper widely circulated in the State of Haryana No. existing application shall be entertained and they have to apply afresh for response to the public advertisement.


2.5    The applications for Consent to Establish (NOC) in identified zone will be decided by a Committee consisting of Chairman, Haryana State Pollution Control Board, Director , Environment and Member Secretary, Haryana State Pollution Control Board and the same will be headed by the Chairman, Haryana State Pollution control Board.


2.6    Consent to Operate any stone crusher unit given in the past or to be given in the future shall be non- transferable except for the case of natural transfer by inheritance.


2.7    Any Consent to establish (NOC) issued before this notification by Haryana State Pollution Control Board whether for resiting in identified zone or isolated site shall be valid for a period not exceeding six months from the date of issue of this notification. However, if consent to establish (NOC) is issued after the issue of this notification it shall be valid for a period not exceeding nine months from the date of issue of any such fresh consent to Establish (NOC)


3.    In case of any conflict between any existing statutory provisions and any administrative orders issued by any authority including Haryana State Pollution Control Board, the statutory provision will be applicable according to the settled law of India.


4.    Irrespective of any other provisions above to the contrary no stone crushing unit whether within any approved crushing zone or outside the zone would be allowed to operate in violation of any other applicable legal restrictions statute and rules legislated and enforced or prescribed by the Competent Legislative Authority or the prescribing authority including the Town and Country Planning Department, Haryana whether in the past or in future. The issue of No Objection Certificate by the Haryana State Pollution Control Board will not be treated as any permission to violate any such statutory legal restrictions.


M.L. TAYAL, IAS
Commissioner and Secretary to
Government, Haryana,
Environment Department

 

 

HARYANA GOVERNMENT,
ENVIRONMENT DEPARTMENT,
Notification
The 30th October 1998




No. S.O. 150/C. A 29/1986/S. 5 & 7/1998.- Whereas as per Haryana Government, Environment Department, Notification No. S.O. 126/C-A. 29/86/S3 5 & 7/97, dated the 18th December, 1997, directions were given for stone crushing units in regard to siting criteria norms as per Schedule-I. Emission norms and pollution control measures requirements as per Schedule-II, identification of zones and availability of sites as per Schedule-III and procedure for establishment and operation in identified zones as per Schedule- IV;

And whereas the State Government is of the opinion that it is necessary and expedient to make certain amendments in the Haryana Government, Environment Department, Notification No. S.O. 126/C.A 29/86/S. 5 & /97 dated the 18th December 1997;

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986, read with Government of India. Ministry of Environment and Forests, Department of Environment. Forests and Wild Life, Notification No. S.O. No. 152 (E) . dated the 10th February, 1988, and in pursuance of the provisions of section –7 of the said Act and rule 4 of the Environment (Protection) rules, 1986 the Governor of Haryana hereby makes the following amendment in the Haryana Government, Environment Department, Notification No. S.O. 126/C.A. 29/86/S. 5 & 7/97, dated the 18th December, 1997, namely:-

Amendment

In the Haryana Government, Environment Department, Notification No. S.O. 126/C.A. 29/86/S. 5 & 7/97, dated the 18 th December, 1997:-

1. In Schedule I.

(a) under columns 1, 2 and 3, serial number 13 and entries there against shall be emitted;

(b) after para 2, the following para shall be added at the and namely:-

(3) No stone crusher unit will be allowed to be set up outside identified crushing zone in Faridabad District.

2. In Schedule II,-

(a) In item No. 1, under heading 1, Pollution Control Parameters, in the second para, for the words “ at least twice a month for all the twelve months in a year”, the words signs and figures “ as per Environment Protection Act/Rules, 1986” shall be substituted;

(b) in item No. II-

(i) for para I, the following para shall be substituted, namely:-

“I A wind breaking wall be provided with a structurally sound structure rising up to a height of 16 feet and in a length of atleast 50 meters on the vulnerable abadi and road side or critical point side of the crushing unit. However, throw of material shall be with a telescopic chute atleast upto the height of wind breaking wall”.

(ii) in para M for the words, signs, letters and brackets “Haryana State Pollution Control Board in consultation with Engineer- in- Chief, PWD, B& R”. The words "by Haryana State Pollution Control Board” shall be substituted.

(ii) for para N, the following paras shall be substituted, namely:-

(N) In case of stone crushing units which have been in operation at any time for a continuous period of atleast one year before the issue of this notification in respect of siting criteria infringement only in respect of distance form the village lal dora (Phirni where there is no lal dora), a structurally safe 50 meters long and 16 feet high wind breaking wall will have to be provided. However no relaxation will be allowed even with the addition of protecting wind breaking wall in respect of stone crushers coming within 400 meters or less of any village lal dora ( Phirni) where there is no village lal dora).

(O) No relaxation shall be allowed to a stone crushing unit even if it meets with the criteria mentioned in para N in case the site falls under Municipal Limit / Development Plan / Draft Development Plan of Town and Country Planning Department.

M.L. TAYAl, IAS,
Commissioner and Secretary to
Government, Haryana
Environment Department

 


HARYANA GOVERNMENT,
ENVIRONMENT DEPARTMENT,
Notification
The 18th October 2000




No. S.O. 125/C.A.29/1986/S.5/2000- Whereas as per Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S.5 & 7/97, dated 18 th December, 1997, directions were given for stone crushing units in regard to siting criteria norms as per Schedule: 1.emission norm;


And whereas The State Government is of the opinion that it is necessary and expedient to make amendment in the Haryana Government, Environment Department, notification No. S.O. 126/ C.A. 29/86/S. 5 and 7/97, dated the 18 th December 1997;

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986) read with Government of India Ministry of Environment and Forest, Department of Environment, Forests and Wild Life, notification No. S.O.No. 152(E). dated the 10 th February 1988, and in pursuance of the provision of section –7 of the said Act and rule 4 of the Environment (Protection) Rules, 1986, The Governor of Haryana hereby makes the following amendment in the Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S.5& 7/97, dated the 18 th December, 1997, namely: -

Amendment

In the Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S. 5 and 7/97, dated 18 th December, 1997; in Schedule –I, under columns 1, 2 and 3, serial number 10 and entries there against shall be omitted




D.S. DHESI, IAS
Commissioner and Secretary to
Government, Haryana,
Environment Department

 

HARYANA GOVERNMENT,
ENVIRONMENT DEPARTMENT,
Notification
The 18th March 2004



No. S.O. 31/C.A.29/1986/S.5 & 7/2004- Whereas as per Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S.5 & 7/97, dated 18 th December, 1997, directions were given for stone crushing units in regard to siting criteria norms as per Schedule I, emission norms and pollution control measures requirements as per Schedule II, identification of zones and availability of sites as per Schedule III and procedure for establishment and operation in identified zones as per Schedule IV;

And whereas the State Government is of the opinion that it is necessary and expedient to make amendment in the Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S.5 & 7/97, dated the 18 th December, 1997.

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), read with Government of India, ministry of Environment and Forest, Department of Environment, Forest and Wild Life, notification No. S.O. 152 (E), dated the 10 th February, 1988, and all other powers enabling him in this behalf, and in pursuance of the provision of section 7 of the said Act, and rule 4 of the Environment (Protection) Rules, 1986, the Governor of Haryana hereby makes the following amendment in the Haryana Government, Environment Department, notification No.S.O. 126/ C.A. 29/86/S. 5 & 7/97, dated the 18 th December, 1997, namely:-

Amendment

In the Haryana Government, Environment Department, notification No. S.O. 126/C.A. 29/86/S. 5 and 7/97, dated 18 th December, 1997; in Schedule –III, under columns 8, and 10, against serial No. 8, for figures “29” and “5” the figures “34” and “2” shall respectively by substituted.

D.S. DHESI, IAS
Commissioner and Secretary
to Government, Haryana,
Environment Department