THERMAL POWER PLANT (DELEGATION OF POWER)
MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi, the 10th April 1997.
S.O 319 (E) In exercise of the powers conferred by section 23 of the Environment (Protection) Act 1986 (29 of 1986) (Hereinafter referred to as the said Act), the Central Government hereby directs that the powers conferred on it by sub-section (1) of section (3) of the said Act to take measures for protecting and improving the quality of the environment and protecting and preventing, controlling and abating environmental pollution be exercisable also by the State Government as notified in the notification of the Government of India in the Ministry of Environment and Forests No. S.O. 60 (E) dated the 27th January, 1994 in relation to the Thermal Power Plants specified in Schedule -I annexed to this notification subject to the conditions and limitations specified in Schedule-II annexed to this notification.
Category of Thermal Power Plants requiring environmental clearance from the State Government.
I Co-generation Captive Plants:
All Co-generation Plants irrespective of the installed capacities
Captive Power Plants
Upto 250 MW (both coal and gas/naphtha based) coming up separately and not along the main industry.
II Utility Projects:
Note: Any project proposed to be located within the radius of twenty-five km boundary of reserved forests, ecologically sensitive area which may include National Parks, Sanctuaries, Biosphere Reserves, critically polluted area and within fifty kms of inter-state boundary shall require environmental clearance from the Central Government.
Procedure for seeking environment clearance of projects.
1 (1) Any persons who desires to establish a thermal power plant of any category mentioned in Schedule-I, shall submit an application to the Department of the State Government dealing with the subject of Environment.
(2) The application shall be made in the Form ‘A’ specified in Schedule-II annexed to this notification and shall be accompanied by a detailed project report which shall, inter alia, include an Environmental Impact Assessment Report and an Environment Management Plan prepared in accordance with the guidelines issued by the State Department of Environment from time to time.
(2) The reports submitted with the application, and No Objection Certificate from the State Pollution Control Board shall be evaluated and assessed by the State Government, in consultation with a committee of Experts, which shall be constituted by the State Government as specified in Schedule-III appended to this notification.
(3) The said Committee of experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the plant.
(4) The State Government Department dealing with the subject of Environment shall prepare a set of recommendations based on technical assessment of documents and data furnished by the applicant supplemented by data collected during visits to sites, if undertaken and interaction with affected population and environment groups, if necessary.
(5) The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the applicant and decision conveyed within thirty days thereafter.
(6) The environmental clearance granted shall be valid for a period of five years from commencement of the construction or operation of the project.
4. Concealing factual data or submission of false, misleading data or reports, decisions of recommendations would lead to the project being rejected. Approval, if granted, earlier on the basis of false data, can also be revoked.
1. (a) Name and Address of the project proposed:
Name of the place:
Nearest Airport/Railway Station:
(c) Alternate sites examined and the reasons for selecting the proposed site:
(d) Does the site conform to stipulated land use as per local land use plan:
3. (a) Land Requirement:
Forestland and Density of vegetation.
(b) (i) Land use in the Catchment/ within 10 Kms. radius of the proposed site:
(c) Pollution sources existing in 10 km radius and their impact on quality of air, water and land:
(e) Rehabilitation plan for quarries/borrow areas:
4. Climate and Air Quality:
5. Water balance:
(f)(i) Quantum of wastewater to be released with treatment details:
(g)(i) Details of reservoir water quality with necessary Catchment Treatment plan:
(ii) Command Area Development Plan:
7. Noise and Vibrations:
10. (a) Number of villages and population to be displaced:
12. (a) Environmental Impact Assessment
Report prepared as per guidelines issued by the Central Government in the MOEF from time to time:
13. Details of Environmental Management Cell:
I hereby give an undertaking that the data and information given above are due to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and the clearance given, if any, to the project is likely to be revoked at our risk and cost.
Signature of the applicant
With name and full address
Given under the seal of
Date: Organisation on behalf of
Place: Whom the applicant is signing.
In respect to item for which data are not required or is not available as per the declaration of project proponent, the project would be considered on that basis.
[See Sub. para (2), Para 3 of Schedule -II]
COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT
(i) Eco-system Management
[See para 3, subparagraph (2) of Schedule-II]
PROCEDURE FOR PUBLIC HEARING
(1) Process of Public Hearing: - Whoever apply for environmental clearance of projects, shall submit to the concerned State Pollution Control Board twenty sets of the following documents namely: -
(i) An Executive summary containing the salient features of the project both in English as well as local language.
(i) The State Pollution Control Board shall cause a notice for environmental public hearing which shall be published in at least two newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality concerned. State Pollution Control Board shall mention the date, time and place of public hearing. Suggestions, views, comments and objections of the public shall be invited within thirty days from the date of publication of the notification.
Explanation: - For the purpose of the paragraph person means: -
(3) Composition of public hearing panel: - The composition of Public Hearing Panel may consist of the following, namely: -
(i) Representative of State Pollution Control Board;
(i) District Collector Office;