HSPCB issued a notification regarding the Policy for grant of short-term provisional consent to operate under the Water Act, 1974 to the building and construction of residential projects

Oct 09, 2023 | by TeamLease RegTech Legal Research Team

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EHS ComplianceThe Haryana State Pollution Control Board (HSPCB) on October 03, 2023, issued a notification regarding the Policy for granting short-term provisional consent to operate under the Water Act, 1974 for 06 months to the building and construction of residential projects, to whom consent to operate is refused by the Board under Water Act, 1974 on the ground of failure of effluent samples of STP of the project or any other reasons.

The following has been stated: -

•As per the provisions of section 25 of the Water Act 1974, no person without the previous consent of the State Board, can establish or take any steps to establish any industry operation or process or any treatment and disposal system or any extension.

•The criteria for granting term provisional consent to operate under the Water Act, 1974 is given as follows: -

I.In case the performance of STP of the project is found adequate for 01 year and all the treated wastewater samples of the sewage treatment plant collected in a year are found within the norms, the Board may consider granting consent to operate under the provisions of the Water Act, 1974 on a yearly basis or as per the policy of HSPCB.

II.During the upgradation period of STP the project proponent/Resident Welfare Association shall achieve the values of the parameters in the treated wastewater better than the values of the parameters as mentioned in the analysis results of the last samples collected by the Board.

III.The provisional consent to operate (CTO) so granted shall be without prejudice to the action taken for past violations and the CTO so granted will have no effect on prosecution action or any other penal action taken or to be taken by the Board against such projects.

IV.Being special policy, the powers to grant provisional consent to operate for 06 months under the Water Act 1974 to such residential projects shall be exercised by the Chairman of the Board.

These orders shall come into force with immediate effect.

The detailed notification is given in the document attached below.

[Notification No. Endst. No. HSPCB/PLG/2023/ 140-176]


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