HARYANA GOVERNMENT

notifications · 1981 · Haryana

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Parent: The AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (341419c384441b2a14c6bbe2727fd941e684ab46)

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HARYANA GOVERNMENT ENVIRONMENT DEPARTMENT Notification The 11th May, 2016 No. S.O. 12/C.A. 29/1986/Ss. 5 and 7/2016. — Whereas article 48 -A of the Constitution of India interalia envisages that the State shall endeavour to protect the environment; And, whereas it is necessary and expedient to take immediate steps under sections 5 and 7 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and section 19 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) and rules framed thereunder and to maintain ecological balance in the State to prevent environmental 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; And, whereas as per Haryana Government, Environment Department, notification No. S.O. 126/C.A.29/86/ S.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 has made several amendments in the aforesaid notification issued vide Notification No. S.O.150/C.A.29/1986/S.5 and 7/1998, dated the 30th October,1998, No. S.O.125/ C.A.29/ 1986/ S.5/2000, dated the 18th October, 2000, No. S.O. 85/C.A 29/86/S. 5 and 7/2001, dated the 20th June, 2001 and No. S.O.31/C.A.29/1986/Ss.5 and 7/2004, dated the 18th March, 2004; And whereas the State 

Rule TOC

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 units 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 shall 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 of 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).