Lok Sabha Question No. 6125 (UNSTARRED), answered on 2017-04-11
Subject: Violation of Environmental Norms
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Shrirang Appa Barne, DHARMENDRA YADAV, ANANDRAO  ADSUL

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION No. 6125

TO BE ANSWERED ON 11.04.2017

## Violation of Environmental Norms

## 6125.   SHRI SHRIRANG APPA BARNE: SHRI DHARMENDRA YADAV: SHRI ANANDRAO ADSUL:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether  several  units  are  still  functioning  without  environmental  clearance  in  the country;
- (b) if so, whether the Ministry proposes to give a time opportunity for all units operating without prior Environmental Clearance (EC) to come clear;
- (c) if so, the details thereof;
- (d) whether the expansion or modernization projects that have been undertaken without obtaining prior Environment Clearance (EC) will be treated as cases of violation and if so, the action that is likely to be taken by the Government against them;
- (e) whether  an  Expert  Appraisal  Committee  (EAC)  has  been  consulted  in  this  regard; and
- (f) if  so,  the  manner  in  which  the  cases  of  violation  will  be  assessed  by  the  expert committee  and  the  extent  to  which  the  Government  would  be  able  to  check  the polluting units?

## ANSWER

## MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  FOR  ENVIORNMENT,  FOREST AND CLIMATE CHANGE (SHRI ANIL MADHAV DAVE)

- (a ) Ministry  of  Environment,  Forest  and  Climate  Change  (MoEF&CC)  and  State Environment  Impact  Assessment  Authorities  (SEIAAs)  have  been  receiving proposals under the Environmental Impact Assessment (EIA) Notification, 2006 for  grant  of  Terms  of  Reference  (ToR)  &  Environmental  Clearance  (EC)  for projects which have started the work on site, expanded the production beyond the  limit  of  environmental  clearance  or  changed  the  product  mix  without obtaining prior EC.
- (b) to (f) The MoEF&CC has provided  six months time from date of notification, as a one-time opportunity to the units, which have not obtained prior environmental clearance, to apply for the same.  The salient features of notification inter alia include:
-  This  is  a  one-time  opportunity  for  six  months  to  apply  for  environmental clearance  to  units  which  are  in  violation  on  date  of  the  notification  i.e. 14.03.2017;
-  The States / SPCBs will take action under Section 19 of the E (P) Act, 1986

for violation;

-  All  the  cases  of  violation,  irrespective  of  category,  will  be  appraised  as category  'A'  projects  by  respective  sector  Expert  Appraisal  Committee (EAC) at Central level. So, violation cases can only be appraised at the level of Ministry;
-  The  EAC  will  first  examine  the  proposal  with  an  angle  that  the  project  or activity is a permissible activity at the site on which it has come up. If it is not then the recommendation of EAC will be for closure;
-  Respective EAC will prescribe the specific ToR for assessment of ecological damage, Remediation Plan and Natural and Community Resource Augmentation Plan (NCRAP) in addition to general ToR required under EIA Notification, 2006 for undertaking EIA/EMP;
-  The  idea  is  to  take  away  the  economic  benefit  (if  any)  derived  by  the company due to violation and pay for the remediation of damage caused due to violation;
-  The plan shall be prepared as an independent chapter in the EIA report by the accredited consultants. The collection and analysis of data for assessment of ecological  damage  shall  be  done  by  an  environmental  laboratory  duly notified under E(P) Act, 1986 / accredited by NABL/CSIR;
-  The EAC shall stipulate the implementation of EMP, comprising remediation plan  and  NCRAP  corresponding  to  the  ecological  damage  assessed  and economic benefit derived due to violation as a specific condition of EC;
-  The  project  proponent  will  also  be  required  to  submit  a  bank  guarantee equivalent to the amount of remediation plan and NCRAP with the SPCB; and
-  No consent to operate or occupancy certificate will be issued till the project is granted the EC.

*****