1

The particulars of its organization, functions and duties;

The State Board for Prevention and Control of Water Pollution was constituted on 24-01-1976 under the Water (Prevention and Control of Pollution) Act, 1974.  After the Air (Prevention & Control of Pollution) Act 1981 came into force, the Board's name was changed as Andhra Pradesh Pollution Control Board.

The Board has been playing a catalytic role in implementing environmental policies, law regulations and developing frameworks to manage both wastes and natural resources more efficiently. With its Head Office at Hyderabad, the Board covers the entire State through its:

5 Zonal Offices at Hyderabad, Ramachandrapuram, Visakhapatnam, Vijayawada and Kurnool headed by an Officer in the rank of Joint Chief Environmental Engineer (JCEE)

and

19 Regional Offices at Hyderabad, Rangareddy-I, Rangareddy-II, Medak-I, Medak-II, Warangal, Nalgonda, Ramagundam, Nizamabad, Kothagudem, Tirupathi, Kurnool, Vizaianagaram, Visakhapatnam, Kakinada, Eluru, Vijayawada, Guntur and Nellore each headed by an Environmental Engineer.

The Board has established a Central Laboratory at Hyderabad headed by Joint Chief Environmental Scientist (JCES) and 5 Zonal Laboratories viz. Warangal, Ramachandrapuram, Vijayawada, Kurnool and Visakhapatnam headed by Senior Environmental Scientist (SES) for each Zonal Laboratory to have a continuous monitoring of the quality of air and water. The Board has also 5 Laboratories at Regional Office level.

The Andhra Pradesh Pollution Control Board is empowered to carry out its functions under the provisions of the following Pollution Control Acts and Amendments issued there under.

1)              The Water (Prevention & Control of Pollution) Act, 1974 and its amendments

Objectives:

The objectives of the Water (Prevention and Control of Pollution) Act are to provide for the Prevention and Control of Pollution and the maintenance or restoration of the wholesomeness of water for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

Functions :

Subject to the provisions of this Act, the functions of a State Board shall be :

1. To plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof

2. To advise the State Government on any matter concerning the prevention, control or abatement of water pollution.

3. To collect and disseminate information relating to water pollution and the prevention, control of abatement thereof

4. To encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution.

5. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto

6. To inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants setup for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act.

7. To lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality or receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State.

8. To evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution.

9. To evolve methods of utilisation of sewage and suitable trade effluents in agriculture) To evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution.

10. To lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents.

11. To make, vary or revoke any order

                            i.                  for the prevention, control or abatement of discharge of waste into streams or wells

                          ii.                  requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such remedial measures as are necessary to prevent, control or abate water pollution.

12. To lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents

13. To advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well

14. To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents,

2)                  The Air (Prevention & Control of Pollution) Act, 1981 and its amendments

Objectives:

The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth, which, among other things, includes the preservation of the quality of air and control of air pollution.

Therefore it is considered necessary to implement the decisions aforesaid insofar as they relate to the preservation of the quality of air and control of air pollution.

Functions:

The functions of the State Board, as specified in Section 17, shall be :

1. To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof

2. To advise the State Government on any matter concerning the prevention, control or abatement of air pollution

3. To collect and disseminate information relating to air pollution.
    
4. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto

5. To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution.

6. To inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas.

7. To lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutants into the atmosphere from any other source whatsoever not being a ship or an aircraft

8. Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants.

9. To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution.

10. To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

11. To do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purpose of the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its above functions efficiently.

3)                  Water (Prevention & Control of Pollution Cess Act, 1977 and its amendments

An Act to provide for the levy and collection of a Cess on water consumed by persons carrying on certain industries and by local authorities, with a view to argument the resources of the Central Board and the State Boards for the Prevention and Control of Water Pollution constituted under Water (Prevention and Control of Pollution) Act, 1974.

The Government of India have enacted the Water (Prevention & Control of Pollution) Cess Act, 1977 (Act No.36 of 1977) and enforced the Act from 01.04.78 with rules thereunder. This Act and the Rules framed thereunder were published in the Government of India Gazette (Extra-ordinary) dt.27.03.1978 and dt. 24.07.1978 respectively

As per Section 6(4) of the Water Cess Act, 1977 and the Rules framed thereunder, The Member Secretary of the State Pollution Control Board is the assessing authority for water Cess. The Government of Andhra Pradesh has specified the Member Secretary, APPCB as the collecting authority for the Water Cess, vide G.O.Ms. No.508, dated 12.05.1981.

4)               The Environmental (Protection) Act, 1986 and rules framed there under

The Government of India has delegated certain powers vested in it under the provisions of the Environment Protection Act, 1986 to State Governments vide Government of India Gazette notification dt.10.2.1988.  

5)                  Manufacture, Use, Import and Export  and Storage  of Hazardous Microorganisms/ Genetically Engineered Organisms or Cells Rules

1. The Genetic Engineering Approval Committee may carry out the supervision as under Rule 14 (1) through the State Bio-technology Coordination Committee or the State Pollution Control Board/District Level Committee or through any person authorised in this behalf.

2. The information on any accident must be informed to the State Level Committee or District Level Committee or Medical Officer by the occupier.
3. Off-site plans are to be prepared by District Level Committees.

6)              Hazardous Waste (Management and Handling) Rules, 1989 and its amendments

a.      The Board must direct the industries, which generate hazardous waste to give sufficient data to the disposing agency on the wastes for proper handling and disposal [under rule 4 (2)].

b.      The industries generating hazardous wastes shall make an application to the Board in Form-I for the grant of authorisation for collection, reception, treatment, transport, storage and disposal [as per Rule 5(2)], along with a sum of Rupees Seven Thousand Five Hundred only for processing application for authorization and analysis fee. This is also applicable to the person, who operates the facility mentioned above.

c.       The authorization granted under this Rule shall, unless suspended or cancelled, be in force for a maximum period of five years from the date of issue/renewal [Rule 5 (6)]. The Board may refuse authorization after giving reasonable opportunity of being heard for noncompliance [Rule 5(7)].

d.      Upon suspension/cancellation of authorization and during the pendency of an appeal under Rule (12), the Board may give directions for the safe storage of hazardous waste to persons whose authorization has been suspended or cancelled. Such a person shall comply with the directions.

e.      The occupier generating hazardous waste and the operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of operations in Form-3. They shall send annual returns to the Board in Form -4.

f.       Where an accident occurs on a hazardous generator/storage site or during transportation, the occupier/operator shall report it immediately   to the Board in    Form-5.

g.      As per Rule 11, the import of the hazardous wastes from any country to India, and export of hazardous wastes from India to any country for dumping or disposal shall not be permitted.

h.      As per Rule 12, Import and for export of hazardous wastes rules, 3 (i) C shall only be permitted as raw materials for recycling or reuse.

i.        As per Rule 13, every occupier shall apply or permission in Form-6, to State pollution control Board, one hundred and twenty days in advance, with a minimum of Rupees thirty thousand payable to Ministry of Environment & Forests, Government of India for imports upto 500 MTs, and for every additional 500 MTs or part there of wastes, imported, an additional sum of rupees five thousand will be payable.

j.       As per Rule 14, the exporting country or the exporter of hazardous waste shall apply ninety days in advance in Form -7 to Ministry of Environment Forests, Government of India seeking permission for proposed export and Trans boundary movement.

k.      As per Rule 15, the movement of hazardous wastes from or to the country shall be considered illegal, if any violations of rules are observed. The exporting country shall bear the cost incurred for the disposal of such illegal Trans boundary movement.

l.        As per Rule 18, an appeal shall lie against any order of grant or refusal of an authorisation of Member Secretary, AP Pollution Control Board or any officer designated by Board to the Secretary, Environment, Forests, Science & Technology of State Government.

Hazardous Wastes Management & Handling rules 1989 and its Amendments

a.      As per Rule 4(1) the occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in Schedule 1, 2 and 3.

b.      Every occupier generating hazardous wastes and having a facility for collection, reception, treatment, transport, storage and disposal of such wastes shall make an application in Form 1 along with sum of rupees seven thousand five hundred only for processing application for authorisation and analysis fee (Rule 5(2))

c.       An authorisation granted under this rule shall unless sooner suspended or cancelled, be in force for  a period of 5 years from the date of issue or renewal.  (Rule 5(6)).  The Member Secretary, State Pollution Control Board may after giving reasonable opportunity of being heard to the applicant refuse to grant any authorisation (Rule 5(7)).

d.      The State Pollution Control Board has power to suspend or cancel an authorisation issued under these rules for non-compliance with any of the authorisation conditions or with any provisions of the Act of these rules, after giving an opportunity to show cause and after recording reasons therefor (Rule 6(1)).

e.      Upon suspension or cancellation of the authorisation and during the pendency of an appeal under rule 12, the State Pollution Control Board may give directions to the persons for the safe storage of the hazardous waste, and such person shall comply with the directions (Rule 6(2))

f.       Transporter shall accept hazardous wastes from an occupier for disposal which it is accompanied by six copies of the manifest (form 9) as per the colour codes.  Occupier shall provide the transporter with six copies of the manifest as per the colour codes indicated.  (Rule 7(4) & (5))

g.      The State Government, Occupier or any Association shall after preliminary impact assessment studies identify possible sites for disposal facility and undertake an Environmental Impact Assessment of these sites.  The State Government shall on receipt of any objection conduct a public hearing as per the procedure notified for Environmental Impact Assessment (Rule 8(3) & (6))

h.      As per Rule 8, the occupier or any operator of a facility shall be responsible for identifying sites for establishing hazardous wastes disposal facility.  The occupier or the operator shall be responsible for safe and environmentally sound operation of the facility and shall ensure that the closure of the landfill as per the design approved by the State Pollution Control Board (Rule 8B).

i.        As per Rule 9(1) & (2), the occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operations in Form 3 and shall send annual returns to the State Pollution Control Board in Form 4.

j.       As per Rule 10, where an accident occurs at the facility or on a hazardous waste site or during transportation of hazardous wastes, the occupier or operator of a facility shall report immediately to the State Pollution Control Board about the accident in Form 5.

k.      As per Rule 11, Import of hazardous waste from any country to India and export of hazardous from India to any country for dumping or disposal shall not be permitted.

l.        As per Rule 12, Import and or export of hazardous wastes rule 3(I)(c) shall only be permitted as raw material for recycling or re-use

m.    As per Rule 13, Every occupier importing hazardous waste shall apply to the State Pollution Control Board, one hundred twenty days in advance in Form-6 for permission to import along with a minimum fee of rupees 30,000 payable to the Ministry of Environment and Forests, Government of India for imports upto 500 metric tonnes and for every additional 500 metric tonnes or part thereof waste imported an additional sum of rupees 5000 will be payable.

n.      As per Rule 14, the exporting country or the exporter as the case may be, of hazardous waste shall apply 90 days in advance in Form -7 to the Ministry of Environment and Forests, Government of India, seeking permission for the proposal export and Trans boundary movement

o.      As per Rule 15, the movement of Hazardous Wastes from or to the country shall be considered illegal, if it is without prior permission of the Central Government or if permission obtained through falsification, misrepresentation or fraud or it does not confirmed to the shipping details provided in the document.  The exporting country shall bear the costs incurred for the disposal of such illegal transboundry movement of hazardous wastes.

p.      As per Rule 18, an appeal shall lie, against any order of grant or refusal of an authorisation by the Member Secretary, State Pollution Control Board or any officer designated by the Board to the Secretary, Department of Environment of the State Government.

A.P. Pollution Control Board has been implementing the Hazardous Waste Management rules and progressively ensuring that all industries are complying with the Law. The measures of AP Pollution Control Board in this direction include the following:

a.      Identifying the hazardous wastes generating industries (New and old).

b.      Issuing notices to all the industries falling under the purview of HWM Rules, 1989 and its amendments thereof.

c.       Issuing authorisations to those industries who have facilities to collect / treat / store / dispose the hazardous wastes.

d.      Inspecting the industries to verify the compliance with regard to authorisation conditions.

e.      Issuing notices to the industries that are not complying the authorisation conditions.

f.       Monitoring of industries which are recycling non-ferrous metal scrap, Used oil and Used lead acid batteries.

g.      Issuing notices/legal action against non-complying recycling industries of non-ferrous metal scrap, Used oil and Used lead acid batteries

7)                  Bio-Medical Waste (Management and Handling) Rules, 1998 and its Amendments thereof.

Under Bio-medical Waste (Management & Handling) Rules, 1998,

a.            Every Health Care Establishments should obtain Bio-medical authorization from AP Pollution Control Board. 

b.            Every HCE should tie up with Bio-medical Common Waste Treatment Facility (CBWTF) for collection, transportation, treatment and safe disposal of Bio-medical Waste.

c.             In the HCEs the segregation of Bio-medical waste should be done at source as per schedule-I of the BMW rules.

d.            Respective color coded bags should be used to collect different category of segregated waste.

e.            Solid   waste such as IV sets, syringes, IV bottles used gloves and catheters should be mutilated before disposing to Common Waste Treatment Facility.

f.             Liquid Waste generated in Operation Theatres and laboratories should be disinfected before draining out.

g.            The HCEs should provide occupational safety gears to its staff while handling the BMW.

h.            Records pertaining to the BMW generation, transportation, treatment and safe disposal should be maintained as per the rules.

i.              Every HCE should provide specific site to store its BMW. It must be closed and secured and not be accessible to domestic animals and rag pickers.

8)                  Municipal Solid Wastes (Management and Handling) Rules, 2000

Ministry of Environment & Forests, Government of India has notified Municipal Solid Waste (Management and Handling) Rules on 25.09.2000 under Environment (Protection) Act, 1986 to regulate the management and handling of municipal solid waste.

Responsibility of the State Pollution Control Board under MSW are:

1.      The State Board shall monitor the compliance of the Standards regarding ground water, ambient air, leachate quality and the compost quality including incineration standards as specified under Schedule II, III and IV.

2.   The State Board after the receipt of application from the municipal authority or the operator of a facility in Form I, for grant of authorization for setting up waste processing and disposal facility including landfills, shall examine the proposal taking into consideration the views of other agencies like the State Urban Development Department, the Town and Country Planning Department, Air Port or Air Base Authority, the Ground Water Board or any such other agency prior to issuing the authorization.

3.      The State Board shall issue the authorization in Form -III to the municipal authority or an operator of a facility within forty-five days stipulating compliance criteria and standards as specified in Schedule II, III and IV including such other conditions, -as may be necessary.

4.      The authorization shall be valid for a given period and after the validity is over, a fresh authorization shall be required.

5.      The Central Pollution Control Board shall co-ordinate with the State Boards and the Committees with particular reference to implementation and review of standards and guidelines and compilation of monitoring data.

9)                    Plastic Manufacture, Sale and Usage Rules, 1999.

Government of India notified Recycled Plastics (Manufacture & usage) Rules 1999 under Environmental (Protection) Act to regulate the manufacture and usage of recycled plastic bags and containers. The salient features of the rules are as follows:

v      Prohibition of usage of recycled plastic carry bags and containers for food stuffs.

v      The manufacturer shall print on each packet of carry bag as to whether the plastic carry bags are made of virgin plastic or of recycled material along with indication of the percentage of recycled material.

v      The minimum thickness of plastic carry bags made of virgin plastics or recycled plastics shall not be less than 20 microns.

v      Pollution Control Board and District Collectors are prescribed authorities for enforcement of the rules.

The State Government has issued G.O.Ms.No.25 dated 30.3.2001 by prescribing authorities for enforcement of various provisions of the rules and levy of penalties for violation of provisions of the rules. PCB has been authorised to impose the penalty ranging from Rs. 25, 000/- to Rs. 50, 000 on defaulting industries. Municipal Commissioners have been authorised to impose penalty ranging from Rs. 2,500/- to Rs. 5, 000/- on defaulting vendors, retailers and establishments. They have also been authorised to impose penalties ranging from Rs. 250/- to Rs. 500/- on individuals responsible for littering public places with plastic carry bags.

The Government of India has also notified draft rules for Recycled Plastics Manufacture and usage Amendment Rules, 2002. The salient features of the draft rules are as follows:

v      Prohibition of manufacture, distribute, sell and usage of carry bags made of virgin or recycle plastics below 8 X 12 inches (20 X 30 Cms) in size.

v      Prohibiting vendors from using containers made of recycled plastics for sorting, carrying, dispensing or packaging of foodstuffs.

v      Obtaining grant and renewal of registration by the occupier manufacturing carry bags or containers in form-I from the State Pollution Control Board.

The Board and the Government are taking necessary measures for effective implementation of the rules.

10)                         Batteries (Management and Handling) Rules, 2001.

Ministry of Environment and Forests, GOI has notified "Batteries (Management & Handling) Rules, 2001" vide S. O. No. 432 (E) dt: 16/05/2001 in exercise of powers conferred by sections 6, 8 & 25 of E (P) Act, 1986. The Salient features of these rules are mentioned below:

¨       It is mandatory for consumers to return used batteries and the manufacturer / assembler / reconditioner / importer are responsible for collection of used batteries and ensuring their onward transport to recyclers who are registered with MoEF based inter-alia on their possessing environmentally sound technology for processing lead acid batteries.

¨       Manufacturer, importer, assembler, reconditioner are required to set up collection centres either individually or jointly for collection of used batteries from consumer/dealer.

¨       Bulk consumers / auctioneers could auction used batteries only to registered recyclers and small scale manufacturers are at liberty to procure recycled lead from the registered recyclers with MoEF and having valid authorisation under HWM Rules.

¨       Dealers have also been assigned responsibility for collection against new batteries sold.  Auction of used lead acid batteries by bulk consumer / auctioneer could be made only in favour of registered recyclers and having valid authorisation of AP Pollution Control Board.

¨       Importers as well as domestic manufacturers have been placed on same responsibility for collection is concerned.

¨       Manufacturer / Assembler / Reconditioner / Importer / Recycler / Auctioneer / bulk consumer / dealer are required to submit half yearly returns in Form I to Form IX to APPCB / MoEF / Manufacturer accordingly as specified in the Rules.

¨       Recycler / Reporcessor who have not registered with Ministry of Environment and Forests, should apply for registration.

¨       Collection schedule [see rule 4(i) and 7(i)] of used batteries has been prescribed for gradual enhancement and shall achieve 90 % collection from the 3^rd year.

¨       The used batteries collected shall be similar (essentially in weight) to that of the batteries sold.

¨       Batteries sold to bulk consumers such as Central / State Govt. Departments, State Road Transport undertakings and original equipment manufacturers like automobile manufacturers have been excluded from the obligation for collection.

A public notice regarding implementation of Batteries ( M & H) amendment Rules, 2001 was issued in daily news paper ( The Hindu) on dt. 22.08.2002 for wide publicity

11)                    Manufacture, Import and Storage of Hazardous Chemical Rules, 1989.

i.              There are three distinct activities defined under these rules.

a)      An operation or process carried out in an industrial installation referred in Schedule 4 involving one or more hazardous chemicals and includes on-site storage or on-site transport defined as "industrial activity".

b)      "isolated storage" means storage of a hazardous chemical listed in Schedule 2 within the threshold quantities mentioned not covered under Schedule 4 .