Karnataka State Pollution Control Board
The Government of Karnataka constituted Karnataka State Pollution Control Board on 21.09.1974 for the prevention, control, and abetment of water pollution in pursuance of the Water Prevention and Control of Pollution Act, 1974. It provided for the prevention and control of water pollution. But after the enactment of Air Prevention and control of pollution Act 1981, the Board was renamed as the Karnataka State Pollution Control Board in the year 1985. Initially, the Board was mandated to implement the Water Act, but subsequently, it was empowered to implement other Acts pertaining to the environment. The Board was established as a single board where permissions with regard to the environment could be obtained, and the Board has the power to implement these acts by conducting inspections and passing orders. Some of the acts are:-
The main objective of the Board is to safeguard the natural environment and to improve the environment, whether air, water, or land. Further it aims at establishing a state wide programme so as to protect and restore the quality of environment in the state of Karnataka by establishing uniform and workable environmental standards that can be implemented and adopted by industries so that inconsistency and ambiguity in relation to environment laws and permissions to be taken in relation to them are removed. The Board has to monitor Air and Water pollution level in the state, and it also has to keep a record of the same.
In order to discharge its functions effectively, the Board has established 44 Regional offices spread across the state. Head office of the Board is in Bengaluru. The responsibility of forming general policies and guidelines with respect to pollution control Acts, rules and general administration lies with central office of the Board.
In order to obtain the consent of the Board, the concerned person is required to submit an application in a prescribed form along with relevant documents to the Board and the occupier is also required to obtain prior consent from the Board for handling hazardous wastes, manufacture plastic carry bags as provided under various rules prescribed under the Environment (Protection) Act 1986. The forms with regard to prior consent are available online on the Karnataka pollution board website, and it is also available at the regional office.
Categorization of Industries
For the purpose of consent to establish (NOC), the industries/organizations have been categorized as following:
The duration of the authorization granted to an industry depends upon the category it falls in. Authorization of Industry falling under Red and orange category is valid for a period of five years, whereas the authorization of the industry falling under green category is valid for a period of ten years. The red and orange category is of industries which are more polluting thus are required to fulfill additional conditions like having STP plant, online monitoring of pollution, submitting yearly pollution data to the Board and etc. However, Industries falling under White category are not required to obtain authorization before establishing, for the reason that they are not heavy polluting industries and thus are outside the preview of the consent mechanism. There are total 57 industries which falls under this category. The Board has mandated all the industries except those industries which fall under white category to obtain consent before starting any industry.
The Board in order to carry out the purposes, for which the Environment Acts came into force, it performs some important functions.
Under the provision of Environment (Protection) Act 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and control of pollution) Act 1981, Board can inspect an industrial unit for the purpose of satisfying itself regarding emission of the industrial waste including sewage, trade effluents, chemicals, etc and for their treatment. Further, it may also issue directions to the occupier of the industrial unit, which are necessary for the purpose of prevention, control, and abatement of pollution in any form. In case, any violation of the rules as envisaged in the act, the Board can initiate appropriate action against the concerned occupier. The Board can also file criminal case against the erring industries for non-compliance of the Environment Laws and Rules.
An order passed by Karnataka Pollution Control Board can be appealed before National green tribunal. The tribunal is based in New Delhi. NGT has been set up to quickly and effectively disposes of cases with regard to environment laws. If a person or industry is aggrieved by the order passed by the pollution control board, then that order can be challenged before the National green tribunal. The limitation period to file a suit in the tribunal is five years (5) from the date cause of action has arisen.
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