GOA WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 2021

 

PREAMBLE

In exercise of the powers conferred by subsections (1) and (2) of section 54 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974), and in consultation with the Goa State Pollution Control Board, conveyed vide No. 8/25/13-PCB/Vol X/Adm./19634/Tech/7864 dated 29-07-2021, the Government of Goa hereby makes the following rules, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Goa Water (Prevention and Control of Pollution) Rules, 2021.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires

(a)      "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974);

(b)      "Water pollutant" means any solid, liquid or gaseous substance [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment;

(c)      "Board" means the Goa State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974);

(d)      "Chairman" means the Chairman of the Board;

(e)      "Chimney" includes any structure with an opening or outlet from or through which any water pollutant may be emitted.

(f)       "Conformity" means fulfillment of a requirement to the Consent conditions or directions issued by the Board from time to time;

(g)      "Consequence" means an outcome of an event affecting objectives;

(h)     "Control Equipments" means any apparatus, device, equipment or system to control the quality and manner of emission of any water pollutant, an includes any device used for securing the efficient operation of any industrial plant;

(i)       "Correction" means action to eliminate a detected nonconformity;

(j)       "CPCB" means Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974);

(k)      "CTE" means Consent to Establish;

(l)       "CTO" means Consent to Operate;

(m)    "Effluent" includes any liquid, gaseous or solid substance which is discharged from any organization/premises used for carrying on any activity, Industry, operation or process, or treatment and disposal system including domestic sewage;

(n)     "Emission" means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet;

(o)      "Environment" means the surroundings in which an organization operates, including water, water, land, natural resources, flora, fauna, humans and their interrelationships.

(p)      "Environmental Audit" mean an audit conducted by an Empanelled Environmental Auditor of the State Board or officials of the State Board;

(q)      "Environmental Audit Committee" (EAC) means an Expert Committee constituted by State Board to assess the Environmental Audit reports submitted by the Environmental Auditors and recommend action;

(r)      "Environmental Audit Conclusion" means outcome of an audit, after consideration of the objectives and all audit findings;

(s)      "Environmental Audit Criteria" means the set of policies, procedures, supporting records or requirements which are used as a reference against which audit evidence is compared;

(t)       "Environmental Audit Evidence" means consists records, statements of fact, reports or other information which are relevant to the audit criteria and are verifiable;

(u)     "Environmental Audit Findings" means results of the evaluation of the collected audit evidence against audit criteria, indicating conformity or nonconformity and additionally observations and scope for improvement;

(v)      "Environmental Audit Plan" means description of the activities and arrangements for an audit;

(w)     "Environmental Audit protocol" means the checklist used by Empanelled Auditors of the Board as the guide for conducting the Environmental audit;

(x)      "Environmental Audit Scope" means extent and boundaries of an audit;

(y)      "Environmental Audit Team" means an Audit team which shall consist of minimum 3 members with an independent Technical/Scientific Expert, if felt required. The qualifications of the team members should be varied to ensure a wider cover having requisite technical and scientific expertise relevant to the Organizations processes and related activities. The composition of the Audit Team shall be as specified in Schedule II;

(z)      "Environmental Auditee" means the Organization/Industry and its work force (consisting of employees and contractual or related workers), represented by an authorized full time employee of the organization being audited, no lesser than a representative of senior management;

(aa) "Environmental Auditor" shall mean Goa State Pollution Control Board (GSPCB) empanelled Environmental Auditor from Engineering colleges/Scientific Institutions/Colleges, Universities, ISO Certified Agencies, Officials of the State Board or any other expert the Board deems fit for conducting an Environmental Audit;

(ab) "Environmental Audit Report" shall mean the Environmental Audit report prepared by the Empanelled Environmental Auditor of the State Board or the Officials of the State Board;

(ac) "Event" means an occurrence or change of a particular set of circumstances with or without consequences and can sometimes be referred to as an "incident" or "accident". An event without consequences can also be referred to as a "near miss", "incident", "near hit" or "close call";

(ad) "Form" means form appended to these Rules;

(ae) "Government" means the Government of Goa;

(af) "Likelihood" means chance of something happening;

(ag) "Member Secretary" means the Member- Secretary of the Board;

(ah) "Major Non conformity" means Non operation/inefficient operation of the water Pollution Control Equipments/Measures and/or non-fulfillment/violation of the standard of emission prescribed in the consent or direct violation of specific statutory environmental obligation by the Occupier or act of omission of the occupier or negligence on his part whether by any accident or otherwise;

(ai)   Minor Non conformity means non-fulfilment of a requirement of the Consent condition which includes non submission of reports or maintenance of records as specified in the Consent Conditions and which is not defined as major Non conformity;

(aj) "Occupier", in relation to any organization, operation or process, premises, means the authorised person who has documented control over the affwaters of the factory or the premises, and includes, in relation to any substance, the persons in possession of the substance;

(ak) "Schedule" means a Schedule appended to these rules;

(al)   "section" means a section of the Act;

(am) "Sewage" means effluent from any sewerage system or sewage disposal works and includes sullage from open drains;

(an) "State water Laboratory" means a laboratory as referred in sub-section (a) of section 52 of the Act;

(ao) "State Board Laboratory" means a laboratory as referred to in sub-section (2) of section 17 of the Act;

(ap) "Total estimated investment" means the total estimated value of the proposed industry, operation, process, treatment/disposal system or an extension/addition thereto, and includes the value of land, building, plant and machinery including the value of leasehold land, building and premises and value of hired plant, machinery and equipment;

(aq) "Total Investment" means the total value of the completed industry, operation, process, treatment/disposal system or an extension/addition thereto, and includes the value of land, building, plant and machinery including the value of leasehold land, building, and premises and value of hired plant, machinery and equipment;

(ar) "Year" means the financial year commencing on the first day of April.

(2)     Words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

Rule - 3. Travelling allowance, daily allowance and other allowances for members.

(1)     The member of the Board shall be entitled to payment of travelling allowance as admissible to the Grade I Officer of the Government from the Board's fund for the journey performed by him for the purposes of the Board.

(2)     Every member of the Board shall be entitled to payment of sitting fee at such rate as may be decided by the Board from time to time for each day of such sitting, in addition to travelling allowance.

(3)     A member of the Board shall not be entitled to any travelling allowance for journey performed by him on first occasion to take charge of post and also after relinquishment of post.

(4)     The Member-Secretary of the Board or any other Officer authorized by the Board shall decide about the sitting fees and travelling allowances of the members.

(5)     A non-official member of the Board if he happens to be a member of the Legislative Assembly of Goa, he shall not be eligible for payment of travelling allowance if he has claimed travelling allowance, for the same journey and period for which such allowance has been claimed in his bills for attending the meetings of the Legislative Assembly or any Committee thereof.

Rule - 4. Time and place of meetings of the Board and procedure to be followed at such meetings.

(1)     The meetings of the Board shall ordinarily be held at the head-quarter of the Board on such dates as may be fixed by the Chairman

(2)     The Chairman shall at his discretion or, upon written request of not less than five members of the Board or upon a direction of the Government, call a special meeting of the Board.

(3)     Five clear days' notice for an ordinary meeting and two clear days' notice for a special meeting specifying the time and the place at which such meeting is to be held and the business to be transacted there at, shall be given by the Member-Secretary to the members of the Board.

(4)     Notice of a meeting of the Board may be given to the members of the Board by delivering the same by messenger or sending it by registered post to their last known place of residence or business or by email or in such other manner as the Chairman may, in the circumstances of the case, deem fit.

(5)     No member of the Board shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days' notice to the Member-Secretary, unless the Chairman, in his discretion, permits him to do so.

(6)     The Board may adjourn the meeting from day-to-day or to any particular day, and no fresh notice shall be required for such adjourned meeting.

(7)     No proceeding shall be invalidated merely on the ground that the provision in this rule relating to the notice is not strictly complied with.

Rule - 5. Presiding Officer.

Every meeting of the Board shall be presided over by the Chairman and, in his absence, by an authority/officer as approved and notified by the Government.

Rule - 6. All questions to be decided by majority.

(1)     All questions at a meeting shall be decided by a majority of votes of the members present, and voting shall be by raising of hands in favour of the proposal.

(2)     In case of equality of votes, the presiding officer shall have a second or casting vote.

Rule - 7. Quorum.

(1)     Five members shall form the quorum for any meeting.

(2)     If at a time fixed for any meeting or during the course of any meeting a quorum is not present, the presiding officer shall adjourn the meeting and if a quorum is not present on the expiration of fifteen minutes from such adjournment, the presiding officer shall adjourn the meeting to such hours on the following or on some other future date as he may fix.

(3)     No quorum shall be necessary for the adjourned meeting.

(4)     No matter which had not been on the agenda of the original meeting shall be discussed at such adjourned meeting.

Rule - 8. Minutes.

(1)     Record shall be kept of the names of members who attended the meeting and of the proceedings at the meeting to be maintained by the Member Secretary and uploaded on the official website of the Board.

(2)     The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the Presiding Officer at such meeting.

(3)     The proceedings shall be open for inspection to any member at the office of the Board during office hours.

Rule - 9. Maintaining order at meeting.

The Presiding Officer shall maintain order at meeting.

Rule - 10. Business to be transacted at meeting.

Except with the permission of the Presiding Officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of rule 4, shall be transacted at any meeting.

Rule - 11. Order of business.

(1)     At any meeting the business to be transacted shall be in the order in which it is entered in the agenda.

(2)     Either at the beginning of the meeting or after conclusion of the debate on a motion during the meeting the Presiding Officer or a member may suggest a change in the order of business as entered in the agenda and if the majority of the members present agree, such a change shall take place.

Rule - 12. Procedure for transaction of business of committees constituted by the Board.

(1)     The time and place of the meetings of the Committees constituted by the Board under sub-section (1) of section 9 of the Act shall be as specified by the Chairman and the Member Secretary.

(2)     The quorum for a meeting of such committees shall be half of the total number of members of the committee.

(3)     The committee so appointed by the Board shall take decisions and convey the same to the Board.

(4)     The committee may device its own procedure for transaction of its business at its meeting.

Rule - 13. Fees and allowances to be paid to members of the committee.

A member of a committee shall be entitled to such travelling allowance and sitting fee as admissible to a member of the Board, and, if he is a Government Servant, he shall be entitled only to travelling allowance and dearness allowance at the rates, admissible under the relevant rules of the Government under which he is serving.

Rule - 14. Persons to be temporarily associated with the Board.

The person temporarily associated with the Board shall be paid travelling allowance and sitting fee if he is a non-official, at the rates specified in rule 3 and if he is a Government Servant as specified in rule 13.

Rule - 15. Powers and duties to be exercised by the Chairman and the Member-Secretary of the Board and appointment of Officers and employees.

(1)     Subject to the policy approved by the Board, the general management of the of waters and business of the Board shall be with the Chairman who shall have power to do all things necessary or desirable for the management of affairs of the Board in carrying out its objectives.

(2)     The Chairman may,

(i)       with prior approval of the Government undertake tours within India for carrying out the functions of the Board.

(ii)      With the prior approval of the Government, visit any foreign country for carrying out the functions of the Board.

(3)     The Chairman shall have power to accord administrative and financial sanction to all estimates without any financial limit in the allocation made for such purposes in the budget of the Board.

(4)     In the matter of acceptance of tenders, the Chairman shall have full powers without any monetary limit.

Rule - 16. Powers and duties of the Member Secretary.

The Member Secretary shall be subordinate to the Chairman and shall, subject to the control of the Chairman, exercise the following powers, namely:

(i)       the Member Secretary may undertake tours within India for the performance of duties entrusted to him by the Board provided that he shall keep the Chairman informed of his tours and obtain the previous permission from the Board for his tours outside the State of Goa.

(ii)      the Member Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving them.

(iii)     the Member Secretary shall produce such papers whenever so directed by the Chairman or by the Board.

(iv)    the Member Secretary shall make available to any member of the Board, for his perusal, any record of the Board.

(v)      the Member Secretary shall be entitled to issue any direction to any officer or employee of the Board, and call at any time, any file, paper and document, from any section/department of the Board, for checking of accounts, vouchers, bills and other records and stores pertaining to the Board or regional offices there under.

(vi)    the Member Secretary may withhold any payment, provided that as soon as may be after such withholding of payment the matter shall be placed before the Board for its approval.

(vii)   the Member Secretary shall make all arrangements for holding meetings of the Board and meetings of the committees constituted by the Board.

(viii)  all orders, instructions, directions, notices, communications, consents, authorizations or registrations to be issued by the Board shall be under the signature of the Member Secretary or of any other Officer authorized in this behalf by the Chairman or the Board.

(ix)    the Member Secretary shall be authorized to sanction or pass and make all payments against estimates sanctioned, within the allocations made for such purposes in the budget approved by the Board.

(x)      the Member Secretary shall write and maintain confidential reports of all subordinate officers of the Board and shall get them countersigned by the Chairman.

(xi)    (a) the Member Secretary shall sanction the annual increments of the officers of the Board subordinate to him.

(b) the annual increments of officers which the Member Secretary is not competent to sanction shall be sanctioned by the Chairman.

(xii)   the Member Secretary shall have full power for according technical sanction to all estimates.

(xiii)  the Member Secretary shall exercise such other powers and perform such other functions as may be delegated to him from time to time either by the Board or by the Chairman.

(xiv)  the Member Secretary shall have power to execute contract, deed, instrument and assurance of property and in particular (a) all service agreements (b) security bonds (c) conveyance, lease of immovable property and, (d) assurances required by law or otherwise.

(xv)   The Member Secretary shall have power to engage legal advisors, Advocates, Attorneys on the terms and conditions to be approved by the Board.

(xvi)  The Member Secretary or any other Officer authorized by the Chairman or the Board shall have power to make and give receipts in respect of the claims of and demands on the Board.

(xvii) The Member Secretary shall have power to purchase materials and equipments for execution of construction works up to a limit of the allotments made from time to time.

(xviii)   The Member Secretary shall have power to sanction installation of telephones/broadband/internet connections, etc. in the office of the Board.

Rule - 17. Appointment of Consulting Engineer.

(1)     For the purpose of assisting the Board in the performance of its functions, it may appoint a Consultant for a specified period not exceeding one year:

Provided that the Board may, with the prior approval of the Government extend the period of such appointment from time to time:

Provided further that if at the time of the initial appointment, the Board had reason to believe that the services of the Consultant would be required for a period of more than one year, the Board shall not make the appointment without the prior approval of the Government.

(2)     The Board may pay such emoluments or fees to the Consulting Engineer depending on the nature of work and his qualifications and experience:

Provided that the Board shall not appoint any person as Consulting Engineer without the prior approval of the Government, if the emoluments or fees payable to him exceeds Rs. 1,00,000/(Rupees One Lakh only) per month.

Rule - 18. Power to terminate appointment.

Notwithstanding the appointment of a Consulting Engineer for a specified period, the Board shall have the right to terminate the services of the Consulting Engineer before the expiry of the specified period, if in the opinion of the Board, he is not discharging his duties to the satisfaction of the Board or if such a course of action is necessary in the public interest.

Rule - 19. Tours by Consulting Engineer.

The Consulting Engineer may undertake tours within the State with prior approval of the Chairman for the performance of the duties entrusted to him by the Board and in respect of such tours, he shall be entitled for travelling and daily allowances as admissible to Grade I Officer of the Government.

Rule - 20. Consulting Engineer not to disclose information.

The Consulting Engineer shall not disclose any information either given by the Board or obtained during the performance of the duties assigned to him either from the Board or otherwise, to any other person without the written permission of the Board.

Rule - 21. Duties and functions of the Consulting Engineer.

The Consulting Engineer shall discharge such duties and perform such functions as are assigned to him, by the Board and he shall be duty bound to advise the Board on all technical matters referred to him by the Board.

Rule - 22. Form of notice.

The notice referred in clause (a) of sub-section (3) of section 21 shall be made in Form I hereto.

Rule - 23. Form of Report of the Board Analyst.

The report referred in sub-section (1) of section 22 of the Act shall be in Form II hereto and submitted in triplicate.

Rule - 24. Form for submission of sample to State water Laboratory and report of the Government Analyst.

The submission of the sample of water or effluent shall be sent for analysis under sub-section (1) section 21 of the Act to the State Water Laboratory by a letter in Form III hereto. The report referred in sub-section (1) of section 22 of the Act shall be in Form IV hereto submitted in triplicate.

Rule - 25. Application for consent of the Board.

(1)     The application referred in sub-section (2) of section 25 shall be made online on the website of the Board at www.goapcb.gov.in as applicable and it shall be accompanied by,

(a)      a certificate from the Chartered Accountant in Form V hereto which shall include value of leasehold land, building and premises and value of hired plant, machinery and equipment,

(b)      land allotment/earmarking letter or lease/sale deed;

(c)      flow chart and detailed production process;

(d)      copy of Project Report for projects costing 5 crores and above;

(e)      site Plan (not required for units to be set up in Industrial Estates);

(f)       layout plan showing the locations of Manufacturing equipment, water supply/drainage lines, position of Chimneys, effluent/sewage treatment plant and final discharge point, sludge solid waste disposal points and septic tank/soak pits;

(g)      Detailed material balance, water balance for Industries categorised under Red and Orange and large scale Industries under green category;

(h)     for large enterprises covered under the Schedule of Environment Impact Assessment Notification, 2006 as amended from time to time, copy of the Environment Impact Assessment Study Report;

(i)       copy of the prior Environment Clearance issued by the competent Authority as applicable for projects listed in the Environment Impact Assessment Notification, 2006 as amended from time to time.

(j)       site plan showing surrounding residential area, public places, water streams, etc, of the proposed factory/operation/process/mine/quarry site within a radius of five kilometers with Waste water treatment and disposal systems clearly indicating where waste water is proposed to be disposed off after treatment (for medium and large scale enterprises).

(k)      schematic sketch of the proposed Effluent/sewage treatment system/plant (ETP/STP) and or septic tank or soakpits duly signed by Authorised person along with detailed design calculation as applicable.

(l)       original Authorisation letter of the person to whom authorisation is made to sign this application form except individual proprietary concern.

(m)    any other document/clarification as requisitioned by the Board.

(n)     fees as specified in the Table 1(A), 1(B) and 1(C) of Schedule I appended hereto as applicable, to the respective category of industry.

(2)     An application without requisite fee shall not be entertained by the Board.

(3)     The fees shall be paid by a bank draft or NEFT/RTGS or NET Banking in favour of the Board.

(4)     The Consent to Establish issued by the Board shall be valid for a period of five years from the date of issue.

(5)     The Categorization of Industries/establishments as Red, Orange, Green category shall be as specified in Table 3 annexed herewith.

(6)     When any industry, operation, process, treatment/disposal system or/and extension/addition thereto is established, an application for consent to operate/renewal of Consent to Operate under sub-section (2) of section 25 of the Act shall be made online on the website of the Board www.goapcb.gov.in as applicable to the respective category of industry, operation or process at least two months prior to the scheduled date of commencing operation, and shall be accompanied by,

(a)      a certificate from the Chartered Accountant as specified in Form V which shall also include value of leasehold land, building and premises and value of hired plant, machinery and equipment;

(b)      copy of the previous Consent issued by the Board.

(c)      stack analysis report/analysis report of treated effluent/sewage wherever applicable.

(d)      any changes/modifications carried out in the Industry/operation or process after obtaining previous Consent;

(e)      in case of Renewal of Orange and Green Category Industry, application for Auto Renewal to be accompanied by an Affidavit as specified at Annexure 'B' in SCHEDULE I hereto;

(f)       Fees as specified in the Table 2(A), 2(B) or 2(C) of Schedule I as applicable to the respective category of industry;

(g)      an application without requisite fees shall not be entertained by the Board;

(h)     the fees referred herein shall be paid by a bank draft or NEFT/RTGS or NET Banking in favour of the Goa State Pollution Control Board;

(i)       The validity of consent to operate and renewal of consent to operate shall normally be five years for Red category, ten years for orange category and fifteen years for green category industry, operation or process;

(j)       An application for renewal of consent to operate submitted upon expiry of the validity period shall also be accompanied by late fees equivalent to 50% of the fees payable for renewal.

Rule - 26. Manner of enquiry in respect of application for consent.

(1)     On receipt of an application for consent under section 21 of the Act, the Board may depute any of its officers, accompanied by as many assistants as may be necessary, to visit the premises of the applicant, to which such application relates for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information as the Board may consider necessary as specified under sections 23, 24 and 25 of the Act. Such officer may, for that purpose, inspect any place where water emissions or water pollutant are discharged by the applicant or water pollution control equipments and measures and may require the applicant to furnish to him any plan, specification and other data relating to such water pollution control equipments and measures, systems or any part thereof, he considers necessary.

(2)     Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (1), give notice to the applicant of his intention to do so in Form VI hereto. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose.

(3)     An officer of the Board may, before or after carrying out an inspection under sub-rule (1), require the applicant to furnish to him, orally or in writing such additional information or clarification, or to produce before him such documents, as he may consider necessary and may, for that purpose, summon the applicant or his authorized agent to the office of the Board.

(4)     The Board shall conduct water quality monitoring of such units under sub-section (1) of section 21 of the Act and shall levy such fees as specified by the Board from time to time.

(5)     The Board shall conduct environmental audit under sub-section (3) of section 21 of the Act through an Environmental Auditor or Engineering/Scientific Institutions or Officials of the Board upon submission of Environmental Statement by the industry/Organization and shall follow such procedure as specified in SCHEDULE II hereto.

(6)     The Board shall constitute an Environmental Audit Committee comprising of such members as specified in SCHEDULE II hereto.

(7)     The tenure of the Environmental Audit committee shall be for a period of 5 year;

(8)     For the purpose of carrying out Environmental Audit the Board shall levy fees as per actual expenses incurred by the Board for conducting the Environmental Audit plus 25 percent administrative charges.

(9)     The Board shall Empanel Environment Auditors by following such procedures as specified in SCHEDULE II hereto;

(10)   The Institutions/Agencies/Professionals/Individuals eligible for Empanel-ment as Environment Auditor with the Board shall be as specified in SCHEDULE II hereto;

(11)   The Environment Audit Committee shall review the Environment Audit Report submitted by the Environment Auditors and recommend such actions as specified in SCHEDULE II hereto;

(12)   The Environment Audit Committee shall meet at least once in 3 months;

(13)   The Empanelled Auditor shall conduct an Environment Audit as per the procedure and submit a Report as specified in SCHEDULE II hereto;

(14)   The fee to be paid to Empanelled Environment Auditor shall be as specified in SCHEDULE II hereto.

Rule - 27. Form of budget.

(1)     Before the last day of the preceding financial year, the budget in respect of the ensuing year showing the estimated receipts and expenditure of the Board shall be prepared under section 38 of the Act in Forms VII hereto;

(2)     The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the current year;

(3)     The budget shall, as far as may be, based on the account heads specified in SCHEDULE III hereto.

Rule - 28. Submission of budget estimates to the Board.

(1)     The budget estimates shall be placed by the Member Secretary before the Board by the 5th October each year for approval.

(2)     After approval of the budget estimates by the Board, four copies of the final budget proposals incorporating therein such modifications as have been decided upon by the Board shall be submitted to the Government by the 15th October each year.

Rule - 29. Estimates of establishment expenditure and fixed recurring charges.

The estimates of expenditure on fixed establishment as well as fixed monthly recurring charges on account of rent, allowances, etc. shall provide for the gross amount without deductions of any kind.

Rule - 30. Re-appropriations and emergent expenditure.

No expenditure which is not covered by a provision in the sanctioned budget estimates or which is likely to be in excess over the amount provided under any head, shall be incurred without the approval of the Board and by the Board without provision being made for re-appropriation from some other head, under which savings are firmly established and available.

Rule - 31. Power to incur expenditure.

The Member Secretary shall have power to incur expenditure against allotments made in the budget estimates sanctioned by the Board and against sanctioned estimates out of the funds of the Board subject to observance of the general financial rules for the purposes of procedure.

Rule - 32. Operation of fund of the Board.

The fund of the Board shall be operated by the Member Secretary of the Board and in his absence by any officer of the Board duly authorized by the Board in that behalf. The Board shall create and maintain a Corpus Fund.

Rule - 33. Form of annual report.

The annual report referred in sub-section (2) of section 39 of the Act shall be in Form VIII hereto.

Rule - 34. Form of annual statement of accounts of the Board.

The annual statement of accounts of the Board referred in sub-section (1) of section 40 shall be in Forms IX, X XI, XII and XIII hereto.

Rule - 35. Audit of the annual statement of Account.

The annual statement of account of the Board shall be audited by an Auditor appointed by the Government for the purpose in consultation with the Office of the Comptroller and Auditor General in Goa.

Rule - 36. Directions of the Government.

The Board shall comply with the directions issued by Government from time to time.

Rule - 37. Repeal and savings.

(1)     The Goa Water (Prevention and Control of Pollution) Rules, 1989 are hereby repealed.

(2)     Notwithstanding such repeal any action taken or order issued under the provisions of the said repealed Rules prior to the commencement of these Rules shall, in so far as it is not inconsistent with the provisions of these Rules, be deemed to have been taken or issued under the provisions of these Rules.

 

FORM I

THE GOA STATE POLLUTION CONTROL BOARD

Notice of intention to have sample analysed

(See rule 22)

To,

Take notice that it is intended to have analyzed the sample of water emissions/flue gas emissions/ambient monitoring/emissions which is being taken today the ... day of ... 20... from (?) ...

Name and designation of the person who takes the sample.

(t) Here specify the stream, well, plant, or place from where the sample is taken.

 

FORM II

Report by the Board Analyst

[See rule 23]

Report No. ...

Dated the ... 20...

I hereby certify that I, (*) ... Board Analyst duly appointed under sub-section (2) of section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), received on the (?) ... day of ... 20... (?) ... a sample of ... for analysis. The sample was in a condition fit for analysis reported below:-

I further certify that I have analysed the aforementioned sample on (§) ... and declare the result of the analysis to be as follows-($) ...

The condition of the seals fastening and container on receipt was as follows:-Signed this ... day of ... 20... Address ...

(Signed)

Board Analyst

To

???.

????.

 

FORM III

Form of letter for submission of samples to the State Water Laboratory

[See rule 24]

To,

The Government Analyst,

State Water Laboratory

Sir,

I am submitting sample No./Nos?. of water emissions taken from M/s...................................... on......................................according to the provisions of section 54 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974).

Yours faithfully,

(signature of the officer taking sample)

Designation:-

Copy forwarded to the Member Secretary, Goa State Pollution Control Board,

............................................................................

(Name and signature of the officer taking sample)]

 

FORM IV

Report by the Government Analyst

[See rule 24]

Report No. ...

Dated the ... 20?

I hereby certify that I, (*) ......................................... Government Analyst duly appointed under subsection (2) of section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) received on the (?) ... day of ... 20... from (?) ... a sample of ... for analysis. The sample was in a condition fit for analysis reported below:-

I further certify that I have analysed the aforementioned sample on (§) .......................................... and declare the result of the analysis to be as follows:

($) ....

....

....

Signed this ... day of ... 20...

Address ....

(Signature)

Government Analyst

To

???.

????

 

FORM V

(Form of the certificate of the Chartered Accountant without appreciation and depreciation)

[See rule 25(1)(a)]

I, Shri. _________________________________ Son/daughter of ______________________, aged _____________________ years, Indian National, resident of _____________________________, hereby solemnly declare an oath as follows.

(1)     I say that I am the Proprietor/Director Authorized Signatory of M/s. _________________ located at ______________________, Goa.

(2)     I say that the Gross Fixed Asset Value/Gross Estimated Value (in case of NOC) of our unit is as follows (including the value of lease/hold land, building and premises and value of hired plant, machinery and equipment)

(a)      Land _______________________

(b)      Building _______________________

(c)      Plant & Machinery ______________

(d)      Other fixed assets _______________

Total _______________________

(Rupees _____________________________)

(3)     I say that I am filing this Certificate for the limited purpose of producing it before the Board for obtaining Consent.

Solemnly affirmed at _______________

Dated ___________________

Deponent

Name & Signature

Note: Kindly note that application form should be invariably submitted by only authorized person on behalf of the unit"

 

FORM VI

THE GOA STATE POLLUTION CONTROL BOARD NOTICE OF INSPECTION

[See rule 26(2)]

Chairman

Member Secretary..................................................

Shri.............................................................................

No.....................................................

Dated..................................................

..........................................................................................

......................................................................................

To,

Take Notice that for the purpose of enquiry under section 21 the following officers of the State Board namely:

(i)       Shri ??????????????

(ii)      Shri ??????????????

(iii)     Shri ??????????????

and the persons authorized by the Board to assist them shall inspect-Any systems of your Industrial Plant.

Any other parts thereof or pertaining thereto under management/control of date (a) ????????????????between ??????????.hours when all facilities requested by them for such inspection should be made available to them on the site. Take Notice that refusal or denial to above stated demand made under the functions of the State Board shall amount to obstruction punishable under section 37(1) of the Act.

By order of the Board

Member Secretary

Copy to:

(1)     ?????????..

(2)     ?????????..

(3)     ?????????..

 

FORM VII

THE GOA STATE POLLUTION CONTROL BOARD

Detailed Budget Estimates for the year 20......

[See rule 27(1)]

ADMINISTRATION

(Expenditure)

Accounts Officer/Accountant

 

FORM VIII

THE GOA STATE POLLUTION CONTROL BOARD

Annual Report for the Financial year April 20.... To March 20......

(See rule 33)

(1)     Introductory.

(2)     Constitution of the Board including changes therein.

(3)     Constitution of Committees by Board and Meetings of the Committees constituted by it.

(4)     Meetings of the Board.

(5)     Activities of the Board including the various functions performed under Section 1 of the Act.

(6)     Prosecutions launched and convictions secured.

(7)     Finance and Accounts of the Board.

(8)     Visits to the Board by Experts, important persons etc.

(9)     Any other important matter dealt with by the Board.

 

FORM IX

THE GOA STATE POLLUTION CONTROL BOARD

Receipts and payments for the year ended...............

(See rule 34)

 

FORM X

THE GOA STATE POLLUTION CONTROL BOARD

Expenditure on works as on 31st March 20.......

(Item I - Assets of the Balance Sheet)

(See rule 34)

 

FORM XI

THE GOA STATE POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNTS

Fixed Assets as on works as on 31st March 20.......

(Item 2 - Assets of the Balance Sheet)

Other Assets as on 31st March 20......

(Item 3 - Assets of the Balance Sheet)

(See rule 34)

 

FORM XII

THE GOA STATE POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNT

Income and expenditure accounts for year ended 31st March 20..........

(See rule 34)

Accounts Officer/Accountant

Member Secretary

 

FORM XIII

THE GOA STATE POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNTS

Balance sheet as at 31st March 20.....

(See rule 34)

 

SCHEDULE I

[See Rule 25]

(I)      An Application for CONSENT TO ESTABLISH.-

(i)       A Green Category Industry shall be accompanied by Fee as specified in Table 1(A) below;

(ii)      An Orange Category Industry shall be accompanied by Fee as specified in Table 1 (B) below;

(iii)     A Red Category Industry shall be accompanied by Fee as specified in Table 1(C) below.

(II)     An application for CONSENT TO OPERATE.-

(i)       RED Category Industry (Large, Medium and Small scale) shall be accompanied by Fees as specified in Table 2 (A) below.

(ii)      ORANGE Category Industry (Large, Medium and Small scale) shall be accompanied by Fees as specified in Table 2(B) below.

(iii)     GREEN Category Industry (Large, Medium and Small scale) shall be accompanied by Fee as specified in Table 2(C) below

 

Table 1

Note: Also 2% increase in the above fees for every subsequent financial year.

 

Table 2 (A)

*Note: An application for renewal of Consent submitted after expiry of the validity shall accompany with penalty of 50% of the Consent fees in addition to the prescribed consent fees. Also 2% increase in the above fees for every subsequent financial year.

 

Table 2 (B)

*Note: An application for renewal of Consent submitted after expiry of the validity shall accompany with penalty of 50% of the Consent fees in addition to the prescribed consent fees. Also 2% increase in the above fees for every subsequent financial year.

 

Table 2 (C)

Note: Also 2% increase in the above fees for every subsequent financial year.

 

ANNEXURE 'A'

Table 3

(See rule 25)

Categorization of Industries

 

 

 

Note: Any industry/industrial activity, process or trades which do not fall under any of the above mentioned categories, the decision with regards to their categorization/classification, will be taken by the Board, from time to time when such need arises, either suo motto or on the specific request by the Industrial unit. Industrial unit concerned may apply to the Goa State Pollution Control Board in this respect for necessary action.

ACCOMPANIMENTS:

The Following documents should invariably be attached along with the application as follows:

(A)     Consent to Establish/Consent to Operate

(1)     Land Allotment/earmarking letter or lease/Sale deed/Form I & XIV.

(2)     Flow Chart and detailed production process.

(3)     A copy of Project Report for projects costing Five crores and above.

(4)     Site plan (not required for units to be set up in Industrial Estates.)

(5)     Layout plan showing the location of manufacturing equipments, water supply/drainage lines, position of chimneys, effluent treatment plant and final discharge Point, Sludge solid waste disposal points and septic tanks/soak pits.

(6)     For industries/activities listed in Schedule I of the Environmental Impact Assessment (EIA) Notification 2006 copy of the EIA report/Form/Report submitted for obtaining Environmental Clearance and other survey, if required will have to be furnished in the prescribed time limit.

(7)     Photocopy of the prior Environmental Clearance (EC) issued by the Competent Authority, if applicable, for project listed in the Environment Impact Assessment (EIA) Notification, 2006, as amended from time to time.

(8)     Site plan showing surrounding Residential area, public places, water stream, etc., of the factory site within a radius of 5 kms with waste water treatment and disposal systems clearly indicating where waste - water is proposed to be disposed off (for medium and large scale enterprises).

(9)     Schematic sketch of the proposed effluent/sewage treatment system/plant (ETP/STP) and/or septic tanks/soak pit, duly signed by authorized person, along with detailed design calculation.

(10)   Certificate from Chartered Accountant certifying the Total Estimated Investment (T.E.I). (refer sample specimen below). In case of leased/hired premises/plant/machinery/equipment a certificate from a Registered Valuer towards capital cost is to be submitted without appreciation and depreciation.

(11)   Original authorization letter of the person to whom authorization is made to sign this application form except individual proprietary concern.

(12)   Any other documents/clarification as requisition by the Goa State Pollution Control Board.

(B)     Renewal of Consent to Operate

(1)     Certificate from Chartered Accountant certifying the Total Estimated Investment (T.E.I). (refer sample specimen below). In case of leased/hired premises/plant/machinery/equipment a certificate from a Registered Valuer towards capital cost is to be submitted without appreciation and depreciation.

(2)     Previous Consent to Operate issued by the Board

(3)     Stack Analysis Report/Analysis report of Treated effluent/sewage.

(4)     Any changes/modifications in the industry after the consent obtained.

(5)     Application for auto renewal of Orange and Green category will be accompanied by an affidavit annexed hereto for an individual proprietary concern.

(6)     Any other documents/clarification as requisition by the Goa State Pollution Control Board.

 

ANNEXURE 'B'

[See rule 25(6) (e)]

Affidavit in support of obtaining

Auto Renewal of Consent to Establish/Operate

(1)     I.............................................................................................. S/o Shri............................................., aged.............................. years, Authorized signatory........................... (Designation) of M/s. ..................................................................... (Unit ID ...............................................) am submitting this affidavit in favour of Member Secretary, Goa State Pollution Control Board, Panaji for obtaining auto renewal of Consent to Establish/Consent to Operate under the provisions of Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981) and do, hereby take oath and state as under:-

(2)     That the Consent to Establish/Consent to Operate under the provisions of Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981) was issued vide order No dated .............. ...............................................................................

(3)     That the said Consent to Establish/Consent to Operate is valid upto..............

(4)     That we have not carried out any expansion/modernisation/change in process/product/raw material/fuel or change in pollution load.

(5)     That we are complying with conditions of previous consent and submitting requisite compliance report of earlier consent along with supporting documents as per schedule.

(6)     That we have submitted Environmental Statement report as prescribed under the rules.

(7)     There is no change in information provided in the prescribed application form submitted for obtaining earlier consent to operate.

(8)     That no directions were issued during last five years by the State Board under the provisions of section 31 (A) of Air (Prevention and Control of Pollution) Act, 1981 and section 5 of Environment (Protection) Act, 1986 (Act 29 of 1986).

(9)     There are no prohibitory directions from Courts/Appellate Authority/National Green Tribunal/other judicial/Quassi judicial Authority.

(10)   We undertake to comply with the conditions and standards stipulated in consent order and with any additional condition/direction which may be stipulated by the Board in future and also to pay additional fee/charges demanded by the Board in future.

(11)   That I have understood that any wrong, partial, forged information/document submitted by me or any false affirmation made by the undersigned, I shall be liable for legal action including the prosecution under the provisions of Air (Prevention and Control of Pollution) Act, 1981 (Act 29 of 1981) and Information Technology Act, 2000 (Act 21 of 2000) along with the provisions of Indian Penal Code, 1860 (Act 45 of 1860).

 

DEPONENT

Declaration

I, the above named deponent do hereby attest and verify that the contents of para No. 1 to 11 of this affidavit are true and correct to the best of my knowledge. Nothing material has been concealed therein nor any part of it is false.

DEPONENT

 

SCHEDULE II

[see Rule 26(5), (6), (9), (10), (11), (13), (14)]

(A)     MEMBERS OF THE ENVIRONMENTAL AUDIT COMMITTEE

(B)     OBJECTIVES

Objectives of Environmental Audit Scheme (EAS) is to engage deemed Scientific and Technical experts to provide a clear indication of the Environmental performance and compliance to Consent conditions of the Organization for the period covered by the audit.

The preliminary objectives of the EAS are as follows:

(a)      Provide an objective analysis of the environmental impacts arising from the Organizations activities;

(b)      Assess and Determine that mitigation measures including root cause analysis, corrective and preventive actions are effective in addressing environmental aspects and minimizing or removing environmental impacts;

(c)      Identify opportunities and make recommendations for improvements in environmental performance of the Organization

(C)     ROLES AND RESPONSIBILITIES

The roles and responsibilities of the various key players is provided in the context of the Environment Audit scheme.

(I)      RESPONSIBILITIES OF THE ORGANIZATION

(a)      The occupier shall be responsible for submitting Environmental Statement and provide all the assistance and necessary documentation for completion of the Environmental audit.

(i)       GSPCB/CPCB Issued Consents/Directions/Guidelines (e.g. COINDS or related)

(ii)      Complaint, if any, received by the GSPCB/Organization and corrective and preventive action taken thereof.

(iii)     Defined and detailed Procedures of production process, Pollution Control Equipment, finished product/services, by products, consumption of raw materials, against finished products, measurement and monitoring of consumption of water, electricity or other fuels and/or other resources/material per unit finished product/service with responsibilities and supporting records.

(iv)    Defined and detailed Procedures of available addressing identified environmental aspects per unit product output and the corrective-preventive measures to minimize its environmental impacts through the use of alternative technology, pollution control equipment or any other related technique with measurement and monitoring data, responsibilities and supporting records.

(v)      Organizations Policy (Environment, Health and Safety-EHS), if any.

(vi)    The Occupier of Organizations (as mentioned in the Sr. No.4) shall carry out a documented Root cause analysis of the Non conformances (NCf)/Non compliances (NCp) identified in the EAR once received from the Auditor along with its corrective and preventive action plan, and comments if any and submit the same within along with Form V Environmental Statement with satisfactory closure of CAPA to the Board by target date agreed upon by the Auditor and Occupier or before 30th June whichever is earlier with copy of the stipulated receipt of scrutiny fees to GSPCB

(b)      The Organizations hereafter applying for consent shall have to here onwards get its Environment Management System inspected by respective auditors regarding adequacy and efficacy thereof, through the Board.

(c)      The Organization is also responsible for ensuring timely closures of Non conformances (NC) or Non Compliances or Corrective Action Preventive Action Plans or related observations.

(II)     RESPONSIBILITIES OF THE GOA STATE POLLUTION CONTROL BOARD

(a)      Appointment of auditor/s for conducting Environmental Audit.

(b)      The list of Board Authorized Auditors will be made publicly available on Board website.

(c)      To ensure effective conduct of the individual audits, the following information should be provided to the audit team leader by GSPCB

·               Organization Details

·               History of Defaults if any, and closures or pending issues there off.

·               Contact name, No. address

(d)      Forward a copy of the final EAR to the Organization within 15 days of receipt of the EAR.

(e)      Initiate appropriate action due to non closure of Non conformances/Non Compliances within time frame specified.

(f)       Payment to Auditors

·                 Mode of Payment: the State Board will pay the Environmental Auditor the Audit fee as decided by the Board from time to time within one week of submission of bills for conducting the audit.

·                 In turn, GSPCB will issue directions to Organizations covered under Audit Scheme to deposit the sum total of the estimated expenses towards auditors fee and auditor expenses from the concerned Organization within 15 days from the date of allocation to the auditor, interim payment within 15 days on receiving of bills from the auditor and final payment within 15 days from submission of final audit report based on actual and 25 percent of total cost incurred for Audit as administrative expenses incurred by the State Board

(III)   RESPONSIBILITIES OF THE ENVIRONMENT AUDIT COMMITTEE (EAC)

The GSPCB constituted Environmental Audit Committee members shall not have any conflict of interest with its present assignment. The terms of reference of this Committee are as follows:

(i)       Define and develop audit criteria and its supporting procedure and protocol for the recognition/empanelment/selection of Environmental Auditors, including an assessment of the Auditors' (or Auditor's selected). The EAC will suggest new parameters which have been introduced by CPCB/GSPCB. The same will be recommended to GSPCB.

(ii)      Advise and create a guidance/technical document related to the subject which will enable effective auditing including effective auditing and laboratory functions.

(iii)     The committee member(s) will also under take audit of Recognized Auditors., atleast once annually to ensure due diligence of the Auditor to the and advise them in any relevant matter and will suggest/implement the new parameters which are being introduced by the CPCB/GSPCB. A observation report of the same will be submitted in this regard within 15 days of visit

(iv)    After scrutiny, the EAC will submit the final (list) of the Auditor(s) with their justifications for selection to the Board for issue of Board Recognition.

(v)      EAC will meet atleast once in three months.

(vi)    Conducting or arranging training programme for capacity building of auditors, Organization Representatives and regulators with respect to EAS.

(vii)   Shall review the audit report and submit their comments on the NC(f)'s or NC(p)'s and their respective Root Cause Analysis' (RCA) with corrective Action and Preventive Action (CAPA) Plans

(viii)  Assign the responsibility for conducting the individual audit to be made in sufficient time before the scheduled date of the audit, in order to ensure the effective planning of the audit.

(D)     ENVIRONMENTAL AUDIT PLANNING AND CONTROL

(I)      SELECTION OF ENVIRONMENTAL AUDITORS

(a)      The Member Secretary of the Board shall appoint faculty of Engineering College, Science Colleges, University, or retired or serving Engineer or Scientist from reputed Institutions, Government Departments, or IRCA authorized ISO 14001:2015 Certification Agencies to be Environment Auditor/s who shall be preferably located in the State of Goa and have sufficient experience in the relevant field including relevant qualifications with the approval of the Chairman.

(b)      The Member Secretary will constitute Audit team for conducting the Environmental Audit for each audit with approval of the Chairman.

(c)      The entire audit work must be carried out by the auditor himself. In other words, the auditor shall and will not assign the audit work to any other agency/firm/personnel other than those recognized. Any violation in this regard shall lead to de-recognisation of the auditor and imposition of penalty at the discretion of the EAC.

(d)      In case of change in the man power (any member of the team), same shall be communicated to the GSPCB within one month and the auditor shall also obtain the approval of the Board for the replacement.

(II)     AUDIT CRITERIA

The Member Secretary of the Board will set out the Audit Criteria for each Environmental Audit with approval of the Chairman.

(III)   ENVIRONMENT AUDIT LABORATORY:

The Board/Agency shall engage the services of NABL recognized Laboratories and also having recognition of MoEF & CC whenever required.

(E)     AUDIT PROCEDURE

(I)      FUNCTIONS OF AUDITOR

The Empanelled Auditor on receiving Board recognition shall:

(a)      Conduct audit of the GSPCB allotted Organizations as per schedule provided

(b)      Identify opportunities and make recommendations for improvements in environmental performance of the Organization

(c)      Provide an objective, third-party report that meets GSPCB's requirements.

(d)      The auditor shall thoroughly ascertain about all the products/by products, manufactured by the Organization and its related processes& report to the GSPCB immediately by verifying excise registers, Invoices usage of raw materials and other production related documents, if there are any discrepancies

(e)      Provide the information required to develop an Environmental Management Plan (EMP) in the event of any significant findings of negative impacts to the environment

(f)       It shall be open to the auditors to make such recommendation as they may think fit for improvement of the existing environmental management system in the Organization audited, but such recommendation shall not bind the GSPCB in any manner. The recommendation of the GSPCB will be technically and scientifically assessed and the decision of the Board Chairman will be final and so intimated

(g)      Ensure high levels of integrity, sincerity and ethics shall be maintained and practiced by the auditors

(h)     Ascertain & report to GSPCB about the compliance made by Organization of the previous year's recommendations/observations of the auditor in the EARs.

(i)       Report about % reduction in steam/water consumption, mass balance (air, water and solid waste), power consumption & consumption of raw materials etc. carried out by the industries in its observations in the EARs compared to the previous year.

(j)       Pursue, emphasize and recommend about adoption of clean technology/cleaner production, waste segregation, waste minimization, waste reduction, waste exchange, reuse & recycling of effluents etc. & report the same in EARs.

(k)      Guide the industry if possible if any query is raised by the industry.

(l)       Ensuring review of timely closures of Non conformances (NCf) or Non Compliances (NCp) or Corrective Action Preventive Action Plans or related observations jointly with the Organization

(m)    Conduct audit in the audit period prescribed i.e. financial year ending March and submit the EAR within 15 days of completion of the audit, and the last, no later than by the 30th of April every year.

(II)     ENVIRONMENTAL AUDIT REPORT SUBMISSION (EAR)

(a)      The EARs must include observations covering each of the seasons under audit, based on the analysis report of the Moef approved Laboratory or Board laboratory for effluents (air + waste water + Solid/hazardous waste + Noise + Weather data as case may be and other pollutants as auditor feels so, etc.) from all discharge points & submit all data of three observations in EARs, otherwise EARs shall be considered incomplete and can be rejected.

(b)      The auditor must prepare and submit the EAR of Organizations under audit within 15 days of completion of the audit.

(c)      The EAR shall be submitted to the Board with a copy marked to the Organization, which will be forwarded by GSPCB within 7 working days of receipt to the Organization to initiate necessary closure of Root Cause Analysis-Corrective and Preventive Action Plans.

(d)      The auditor must clearly report to the Board all critical findings about any inconsistency and malpractice being committed/practiced by the Organization as listed in Sr. 2 (e.g. dilution of effluents, illegal discharge, production without permission, by pass of untreated effluent or any other activities which are likely to create environmental pollution problems, & contrary to the directions issued through consent orders & other orders under the different Acts, by the Board) after every inspection within 24 hrs and important recommendations after every inspection as immediately as possible but not later than 3 days and submit Final EAR within 15 days of completion of the Audit.

(III)   CONTENT OF AUDIT REPORT

(a)      EAR'S and its reported findings and conclusions should be :

·             Clear, timely, concise, easy to understand and objective;

·             provide a fair summary of all the relevant facts; and

·             demonstrate conformity with the related Environmental requirements

·             Properly analyzed and concluded, and

·             Supported by adequate, reliable, and fair audit evidence

(b)      The EAR should consist of :

(i)       A title page clearly briefly Indicating AUDIT aim with Organization name

(ii)      Table of Contents

(iii)     Executive Summary comprising of:

·               Description of the Organization Process and facilities (Main, ancillary (related) and Environmental control operations)

·               Description of the environment

·               Contractors and Activity Descriptions

·               Summary of findings

(iv)    Introduction comprising of :

·                 Audit Scope,

·                 Audit Objectives identified, and

·                 Audit Criteria identified

·                 Auditors and Auditees (Organization representatives who were key contacts for the audit and describe their roles and responsibilities with regard to the audit.)

·                 Reference Documents (include a list of documentation reviewed prior to the audit (e.g., Consents, Directions, previous EARs, environmental assessments, permits, complaints or any other reference deemed relevant.).

(v)      Site Activity Report comprising of

(aa) List of Organization Facilities

(ab) Developments if any

(ac) Assessments of internal controls

(ad) Assessments of Organizations Environmental Management Systems and Management Commitment

(ae) Typical Environmental Management Plan (that can be) evaluated as applicable

·                     Air Quality Control Plan

·                     Water Quality Control Plan (Waste and wastewater management)

·                     Waste Management Plan (Waste segregation, management and disposal, Monitoring on pollution assessment and performance evaluation of pollution control devices made by the Auditors)

·                     Resources Control Plan (Material, Production mass balance Energy, Fuels and equipment management-

(Figures or production of products, by products, consumption of Resources like raw materials, figures regarding use of water, fuel consumption and other material utilization to maximize the yield with respect to National/International bench mark mentioned in the format of Environmental Audit Reports prepared by Auditors.)

·                     Soil and Groundwater Contamination Control Plan (Land, water and groundwater management

·                     Marine Ecology Control Plan

·                     Terrestrial Ecology Control Plan

·                     Process Material Handling Plan (Hazardous and Non Hazardous materials management)

·                     Noise and Vibration Control Plan (Noise engineering management)

·                     Traffic Management Plan (Vehicle and its distribution Management, Status of Pollution under Check (PUC’s) permits)

·                     Erosion and Sediment Control Plan

·                     Other Environmental Program.

(af) (Gathering of) Audit evidence

(ag) Interviews with Personnel/ground staff if any

(ah) Identification and assessments of Incidents and Complaints if any

(vi)    Audit Findings of

·                 Environmental Management Systems and Management Commitment (Comments on the Organization’s procedures for determining, setting, and communicating organization’s environmental policies and objectives, as well as the overall commitment of senior management to meeting environmental requirements. Supported by evidence of efforts to monitor, measure, and report environmental performance.)

·                 Previous Audit Results (comments on the Organization’s mechanisms to determine the root causes of any identified environmental concerns and on the effectiveness &sufficiency of the actions taken to correct such situations and prevent their recurrence. And should include the Management’s support of the processes for implementing and tracking corrective and preventive actions)

·                 Non-conformances, Observations and Scope for Improvement (Tabulated based on priority based on degree of seriousness of environmental impact)

·                 Summary of Root Cause Analysis -Corrective Action- and Preventive Action Plan Status (This section should provide details on any new or previously identified corrective action(s) taken and/or planned in response to non-conformances and/or the observations and/or Scope for Improvement(s) identified, particularly those that have been repetitive or are ongoing issues at the site or facility. In particular, the Corrective Action Plan should include the detailed root cause analysis, type of any required corrective and preventive action, the current status (e.g. open, closed) of corrective and preventive action(s), the date of planned closure, and the date of actual closure and deviation from the committed target and the justification there off.)

·                 Incidents and Complaints

·                 Status of Environment Management Plans if any

·                 The EARs (Environment Audit Reports) shall be prepared and submitted by the auditors in Performa 1: EAR must be accompanied by efficacy & adequacy certificates in Performa 2 prescribed by GSPCB with duly signed acknowledgement by all the team members. If such reports will not be signed by all the team members then, the auditor will be derecognized and punitive action against the Auditor or industries/Project as listed in Sr. No. 2 will be taken, as the case may be.

(vii)   CONCLUSIONS AND RECOMMENDATIONS

This section should include the conclusions of the audit with regard to

·                     The status of the conformity and compliance of the Organization’s EMS with the Legal and/or other requirements, as well as

·                     The effectiveness of the Organization’s EMS in meeting its environmental objectives.

·                     RCA-CAPA: the capability and commitment of the Organization management to resolve the issues identified.

·                     The auditor may propose to request Organization to adopt an Environment Management Plan (EMP) if issues are identified in the audit that are considered to be repetitive or are ongoing issues, or problems that present significant concern for environmental impact. The EMP is a Corrective Action Plan that must be submitted and approved by EAC and requires formal reporting of the resolution of the issues. Guidance regarding the requirements for developing an EMP should be provided by the Auditor to facilitate the Organization to achieve anffecttive solution

·                     The EAR should have recommendations to address any significant non-conformances or deficiencies, including allocating priorities for corrective action. Any recommendations should be specific and detailed enough to allow GSPCB and Organization management the ability to evaluate the feasibility and appropriateness of implementing the recommendation. Types of recommendations might include further investigation of an issue or implementation of emissions control technology or environmental pollution control best management practices. The emphasis of recommendations should be on removing the source of the problem rather than the use of command-and-control (or end-of-pipe) technology.

The recommendations should be brief and concise to allow Organization management to address the issue and GSPCB& EAC to assess adequate resolution of the same.

(viii)  Attach Annexures:

·                 Audit evidence (records, procedures, photographs, supporting documents etc.)

·                 Audit Protocol (Checklist) duly signed by the Auditing team

·                 Figures (if any)

·                 Graphs (if any)

·                 Tables (if any)

·                 Any other detail felt relevant

The above format is the bare minimum required to be included in the EAR and is open for further additions by the Auditor if felt necessary.

Note: Consult COINDS document of CPCB, BAT document of European union, USA EPA document or any other relevant document to develop to bench mark.

(F)      POST AUDIT ACTION

(I)      ACTION/DIRECTION BY THE BOARD

(a)      The BOARD on receiving the EAR from the Recognized Auditor will check status of compliance of the CAPA in the audited Organization, after the stipulated post Target dates and present the status to EAC for their necessary comments with Scientific and Technical comments if any

(b)      Organizations failure to submit compliance to the observations in the EAR with the requisite closures of Non Conformances, Non compliances, Root Cause Analysis-Corrective and Preventive Action Plan may lead to appropriate legal action by GSPCB which may also include disconnection of water/power supply to the industry including closure and or levy of Polluter Pay Penalty.

(c)      Where the Audit report of a particular industry industry/operation/process/activity indicates that the industry does not meet with the requirements as prescribed by or under the aforesaid statutory provisions and that the industry has not complied with terms and conditions of CTE/CTO and those contained in any general of special circular/order of GSPCB, the industry shall be liable for appropriate directions which include direction of closure, after verification of the status of CAPA closures by stipulated dates.

(II)     ACCOUNTABILITY/LIABILITY OF THE AUDITORS/INDUSTRIES

(a)      If the information provided by the Organization is found to be incorrect or inaccurate the Organization shall be liable to be subjected to the appropriate direct direction.

(b)      The Auditor whose report is found to be incorrect or inaccurate of particular industry then that EAR shall be rejected and action against the auditor will be taken accordingly.

(c)      The Organization has the right to complain against the recognized environmental auditor if felt essential due to misdemeanour or malpractice. In such a case the Organization can register a written complaint against auditor to GSPCB within 15 days of the said grievance, with supporting evidence and due justification. Complaints against the actions or conduct of a certified auditor will be reviewed and investigated by EAC. The EAC will investigate and if validated or substantiated, the complaint may result in cancellation of recognition of the auditor s and blacklisting them. However, If the complaint is found to be without merit, the Organization will be appropriately penalized

(III)   APPEALS

(a)      Any person aggrieved by an order made by the Board under section 16 or section 17 may within thirty days from the date on which the order is communicated to him, prefer an appeal to Appellate Authority constituted under section 31 of Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).

(b)      On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall after giving the Appellant and Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

(G)     FORMAT FOR THE ENVIRONMENTAL AUDIT REPORT

 

(To be submitted in triplicate)

(Period from........... to ...............)

To,

The Member secretary

Goa State Pollution Control Board

1ST floor, Dempo Tower

Patto Plaza Centre

Panjim-403001

Note, if No, reason thereof

(H)     ADEQUACY CERTIFICATE OF ORGANISATION'S ENVIRONMENTAL MANAGEMENT SYSTEM

Mr./Mrs./M/s._________________________________of___________________________is recognized by the Goa State Pollution Control Board vide order No.________________________ dated _________as an Environmental Auditor for the purpose of the auditing, having carried Environmental audit of:

M/s _______________________________________________

Located at _____________________________________

Manufacturing products:

Product (s) ________________________________

Capacity ______________________________

Having completed the environmental audit based on personal monitoring, and audit report, prepared as per the notification via order no. _________ dated. _________ . It is certified that the Environmental Management System (EMS) provided by this industry for the products manufactured and capacity as stated above is * ______________________ to achieve the quality of effluents (Air + Waste Water + Solid Waste) as specified in Consent/Notifications by GSPCB, Panjim for the following quantity of waste generation:

This certificate is valid for the Audit report only. However, it is subject to automatic cancellation in case of any change in product profile/capacity, quality and quantity of effluent emission (Air + Waste Water + Solid/Hazardous) and efficiency of EMS equipments.

This Certificate forms part of Environmental Audit Report

Name and address of the Environmental Auditor

Signature of the Environmental Auditor

Date:

Place:

*here write, whether adequate and efficient or inadequate and inefficient as applicable

(I)      CERTIFICATE FOR SAMPLING AND ANALYSIS

This is to certify that the following samples of emissions (air, water, waste water, solid and hazardous wastes) have been collected and analysed as per the following details:

 

This is to certify that the third party laboratory in which the analysis has been done is approved under EPA/Accredited by NABL/recognised under GSPCB.

Name and address of the Laboratory

Signature of Authorised Signatory of the Laboratory

 

SCHEDULE III

BUDGET AND ACCOUNT HEADS

[See rule 27(3)]

ADMINISTRATION

Head of Accounts (Expenditure)

(1)     Salaries

(2)     Wages

(3)     Travel Expenses

(4)     Office Expenses

(a)      Furniture

(b)      Postage

(c)      Office Machine/Equipment

(d)      Liveries

(e)      Telephones

(f)       Electricity and Water Charges

(g)      Stationary

(h)     Printing

(i)       Staff car and other vehicles

(j)       Other items

(5)     Fee and Honoraria

(6)     Payment for professional and special services

(7)     Rents, rates and Taxes/Royalty

(8)     Publication

(9)     Advertising, Sales and Publicity Expenses

(10)   Grants in aid/Contribution/Subsidies

(11)   Hospitality Expenses/Sumptuary/Subsides

(12)   Pensions/Gratuities

(13)   Write off/Losses

(14)   Suspenses

(15)   Expenses in connection with the setting up and maintenance of the Board Laboratory.

(16)   Other charges (A residuary head, this will also include rewards and prizes)

Head of Accounts (Receipts)

(1)     Payments by Government

(2)     Fees

(3)     Fines and other Receipts.