Guideline for closure of polluted industries

The Central Pollution Control Board (CPCB) has devised a ‘Standard Protocol for Conducting Inspections, Report Preparation and Action’. The action against violators is taken based on the guidelines prescribed in this protocol.

In general, for minor non-compliances, show-cause notice is issued to unit, in line with the principles of Natural Justice and to give an opportunity to the unit, before issuance of closure directions under Section 5 of the Environment (Protection) Act, 1986. However, closure directions under Section 5 of the Environment (Protection) Act, 1986 are issued directly to the unit if it is found grossly non-complying with regard to prescribed environmental standards and other shortcomings which have potential to cause grave injury to the environment. Some of such gross non-compliances include the following:

1. Any bypass discharge of partially treated or untreated effluent and emission observed.
2. Injection of treated or untreated water or both into ground water (reverse boring).
3. Operating unit having defunct Effluent Treatment Plant (ETP) or Air Pollution Control Device (APCD) and/or operating without installation of ETPor APCD.
4. Unauthorized disposal or dumping of hazardous waste likely to cause grave injury to
4. Environment.

Based on status of Online Continuous Effluent/ Emission Monitoring Systems (OCEMS), CPCB has inspected 215 industrial units since 2020, out of which 83 units were found non-complying with environmental norms. Based on the severity of violations, closure directions were directly issued to 7 units without issuance of show-cause notice. All these 7 units have later complied with prescribed environmental norms and the closure directions are revoked. The list of units is attached as Annexure-I.

State Pollution Control Boards (SPCBs)/ Pollution Control Committees (PCCs) also issue show cause notice or closure directions under section 33A of the Water Act, 1974 / 31 A of the Air Act,1981 for the violations of consent conditions.

CPCB has constituted a Committee having representative(s) from CPCB and Ministry of Environment, Forest and Climate Change (MoEF&CC) for examination and recommendation for revocation /withdrawal of closure direction issued by CPCB. This Committee reviews the compliance submitted by the concerned industry and revocation of closure direction is issued by CPCB after the recommendations of the said Committee.

Annexure-I

List of industries to which closure directions were issued directly by CPCB, without issuance of show-cause notice, due to severe non-compliance of environmental norms

This information was given by Union Minister of State for Environment, Forest and Climate Change Shri Ashwini Kumar Choubey in a written reply in the Rajya Sabha today.

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MJPS/NSK