New De1hi,
S.O.
979 (E):- Whereas a
draft of certain amendments to the Government of India in the Ministry of
Environment and Forests notification number S.O.763 (E) dated 14th
September, 1999 (hereinafter referred to
as the said notification) which the Central Government proposes to make under
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, were
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (ii) dated the 6th November, 2002 vide S.O. 1164
(E), dated the 5th November, 2002
inviting objections and suggestions from all persons likely to be
affected thereby before the expiry of sixty days from the date on which copies
of the Gazette containing the said draft
amendments were made available to the public.
And, whereas copies of the said Gazette were made available
to the public on
And, whereas all the
objections and suggestions received from all persons likely to be affected
thereby in respect of the said draft notification have been duly considered by
the Central Government;
Now, therefore, in exercise of the powers conferred 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, the Central
Government hereby makes the following amendments to the said notification,
namely: -
1. In the said notification, in the preamble,
for the words "fifty kilometers”, the words
"one hundred kilometres” shall be substituted.
2. In the said
notification, in paragraph 1, -
(a) in
sub-paragraph (1), for the words "fifty kilometers”,
the words "one hundred kilometres” shall be substituted;
(b) after
sub-paragraph (1), the following sub- paragraphs shall be inserted, namely: -
"(1A)
Every construction
agency engaged in the construction of buildings within a radius of fifty to one
hundred kilometres from a coal or lignite based thermal power plant shall use
fly ash bricks or blocks or tiles or clay fly ash bricks or cement fly ash
bricks or blocks or similar products or a combination or aggregate of them in
such construction as per the following minimum percentage (by volume) of the
total bricks, blocks and tiles, as the case may be, used in each construction
project, namely:-
(i) 25 per cent by
(ii) 50 per cent by
(iii)
75 per cent by
(iv)
100 per cent by
In respect of
construction of buildings within a radius of 50 kilometres from a coal or
lignite based thermal power plant the following minimum per centage
(by volume) of use of bricks, blocks and tiles shall apply: -
(i)
50 per
cent by
(ii)
100 per
cent by
(1B)
The provisions of
sub-paragraph (1A) shall be applicable to all construction agencies such as
Housing Boards and those in the private sector builders of apartments, hotels,
resorts and cottages and the like. It shall be the responsibility of the
construction agencies either undertaking the construction or approving the
design or both to ensure compliance of the provisions of sub-paragraph (1A) and
to submit such returns as may be called for and compliance reports to the State
Government or Union territory Administration”;
(c)
for
sub-paragraph (2), the following sub-paragraphs shall be substituted, namely: -
“ (2) The
authority for ensuring the use of specified quantity of ash as per
sub-paragraph (1) shall be the concerned Regional Officer of the State
Pollution Control Board or the Pollution Control Committee, as the case may be.
(2A)
The concerned State Government shall be
the enforcing and monitoring authority for ensuring compliance of the
provisions of sub- paragraph (lA).”;
(d) in sub-paragraph (3), for the words,
brackets and figure “under para (1)” the words,
brackets and figure “under sub-paragraph
(1)” shall be substituted;
(e) after sub-paragraph (3), the following
sub-paragraphs shall be inserted, namely: -
“(3A) A decision on the application
for manufacture of fly ash bricks, block, and tiles and similar other fly ash
based products shall be taken within thirty days from the date of receipt of
the application by the competent authority. A decision on consent to
establish the brick kiln shall be taken by the Pollution Control Board or the
Pollution Control Committee, as the case may be, within a period of thirty days
from the date of receipt of application by it.
(3B)
In case of non-compliance
of the provisions of sub-paragraph (1) of paragraph 1, the competent authority,
in addition to cancellation of consent order issued to establish the brick
kiln, shall move the district administration for cancellation of the mining
lease.
(3C) All
authorities sanctioning or renewing any land, soil or clay mining lease shall
not grant such lease or extension of lease or renewal to clay brick, block or
tile manufacturing unit within a radius of one hundred kilometres of the coal
or lignite based thermal power plant in cases where the manufacturer does not
mix a minimum of 25 per cent by weight of fly ash or pond ash in the
manufacture of bricks or blocks or tiles. The cancellation of mining lease
shall be decided by the district administration after giving the holder of such
lease an opportunity of being heard. To enable the competent authority to
verify the actual use of ash, the thermal power plant shall maintain month-wise
records of ash made available to each brick kiln.
(3
D) It shall be sufficient
compliance of this notification if within twelve months from the date of issue
of this notification, manufacturers of clay bricks, blocks and tiles located
within a radius of 50 to 100 kilometres of a coal or lignite based thermal
power plant comply with the provisions of sub-paragraphs (1) and (2).”.
(f) in
sub-paragraph (4), after brackets and letters “(AIBTMF)”, the words “or a
representative of local brick kiln owners association, federation, group.”
shall be inserted;
(g) after
sub-paragraph (4), the following sub-paragraphs shall be inserted, namely: -
"(5)
No agency, person or organization
shall, within a radius of 100 kilometres of a thermal power plant undertake
construction or approve design for construction of roads or flyover embankments
in contravention of the guidelines/ specifications issued by the Indian Road
Congress (IRC) as contained in IRC specification No. SP: 58 of 2001. Any
deviation from this direction can only be agreed to on technical reasons if the
same is approved by Chief Engineer (Design) or Engineer-in-Chief of the
concerned agency or organization or on production of a certificate of
"Pond ash not available” from the thermal power plant(s) (TPPs) located within 100 kilometres of the site of
construction. This certificate shall be provided by the TPP within two working
days from the date of making a request for ash.
(6)
Soil required for top or
side covers of embankments of roads or flyovers shall be excavated from the
embankment site and if it is not possible to do so, only the minimum quantity
of soil required for the purpose shall be excavated from soil borrow area. In
either case, the topsoil should be kept or stored separately. Voids created due
to soil borrow area shall be filled up with ash with proper compaction and
covered with topsoil kept separately as above. This would be done as an
integral part of embankment project within the time schedule of the project.
(7)
No agency, person or
organization shall within a radius of 100 kilometres of a coal or lignite based
thermal power plant allow reclamation and compaction of low-lying areas with
soil. Only pond ash shall be used for compaction. They shall also ensure that
such reclamation and compaction is done in accordance with the bye-laws,
regulations and specifications laid down by the authorities mentioned in sub-
paragraph (3) of paragraph 3.”.
3. In the said
notification, in paragraph 2,
(a)
for the
marginal heading “Utilisation of ash by
Thermal Power Plants”, the marginal
heading “Responsibilities of Thermal Power Plants”
shall be substituted;
(b)
for the opening words, “All coal or lignite
based thermal power plants shall utilise the ash generated in the power plants
as follows: -”, “Every coal or lignite based thermal power plant shall take the
following steps to ensure the utilisation of ash generated by it, namely: -”;
(c)
in sub-
paragraph (1), -
(i)
after the
words “products such as cement, concrete blocks, bricks, panels”, the words “or
a combination thereof” shall be inserted;
(ii)
the
following shall be added at the end, namely: -
“ The thermal power plants have to ensure availability of
fair quantity of ash to each user including brick kilns.”;
4. In the said
notification, after paragraph 2, the following paragraph shall be inserted,
namely: -
“2A. Utilization of fly ash
for reclamation of sea.
“Subject
to the rules made under the Environment (Protection) Act, 1986, (29 of 1986)
reclamation of sea shall be a permissible method of utilization of fly ash.”.
5. In the said
notification, in paragraph 3, the following sub-paragraphs shall be inserted,
namely: -
“(2A)
All agencies including the Central
Public Works Department and State Government agencies concerned with
utilization of fly ash for construction purposes shall, within three months
from the 1st day of September, 2003 make provisions for the use of
fly ash and fly ash based bricks, blocks or tiles or aggregates of them in the
schedule of approved materials and rates.
(2B)
All agencies undertaking
construction of roads or fly over bridges including Ministry of Road Transport
and Highways (MORTH), National Highways Authority of India (NHAI), Central Public
Works Department (CPWD), State Public Works Departments and other State
Government Agencies, shall, within three months from the 1st day of
September, 2003 -
a.
make
provisions in their tender documents, schedules of approved materials and rates
as well as technical documents, including those relating to soil borrow area or
pit as per sub-paragraph (7) of paragraph 1; and
b.
make
necessary specifications/guidelines for road or fly over embankments that are
not covered by the specifications laid down by the Indian Road Congress (IRC).”
.
[F.No.16-2/95-HSMD]
(Dr. V. Rajagopalan)
Joint Secretary to the Govt. of
Footnote.
- The principal notification was published in the Gazette of India, Part II,
Section 3, sub-section (ii) vide S.O.763 (E) dated 14.9.1999.
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