Question : Pollution by Industrial Units

(a) the general and broad nature of violations of provisions of pollution legislations due to which industrial units have been ordered to be closed down;
(b) whether any time-limit has been prescribed or guidelines laid down in the matter and if so, the details thereof;
(c) whether it is mandatory to adhere principles of natural justice on the part of authorities before issue of any closure order and if so, the details thereof;
(d) whether a plant holding a valid consent to operate may also face closure order; and
(e) if so, whether the Government has received any complaints in the matter and if so, the details thereof and the action taken by the Government thereon?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
(SHRI BABUL SUPRIYO)

(a) Industrial units are, in general, issued directions for closure by Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB)/ Pollution Control Committee (PCC) concerned forviolation of, inter alia, conditions of Consent to Establish/ Operate, emission/ effluent standards notified under the Environment (Protection) Act, 1986 and other environmental norms prescribed by States/ UTs.

(b) & (c) Industrial units, which are found to be non-compliant, are given an opportunity for furnishing an explanation within a prescribed timeline, in response to the show-cause notice which is issued prior to the issuance of closure directions. However, in instances causing grave injury tothe environment, closure directions are issued without any prior show-cause notice.

(d) An industrial plant holding a valid Consent to Operate may also be issued closure directions for violation of conditions of the consent, non-compliance with emission/ effluent standards notified under the Environment (Protection) Act, 1986 and other environmental norms prescribed by States/ UTs.

(e) CPCB has started inspection of 17- category of highly polluting industries since 2016 onwards based on the alerts generated by Online Continuous Emission/ Effluent Monitoring Systems (OCEMS). Till January 2020, 686 industries has been inspected based on the alerts generated by OCEMS. Based on the inspection finding, 398 directions have been issued under Section 5 of the Environment (Protection) Act, 1986 to non-complying industries, which includes show-cause as well as closure.
*****

Download PDF Files