THE RIGHT TO INFORMATION ACT, 2005

OBLIGATIONS OF PUBLIC AUTHORITIES Under Section 4(1)(b)

ANDHRA PRADESH POLLUTION CONTROL BOARD

INFORMATION PERTAINING TO RIGHT TO INFORMATION ACT - 2005 Section 4 (1) (b) of the Act casts an obligation on each public authority to publish within expiry of 120 days from the commencement of the Act, manuals on the following seventeen items: The Right to Information Act, 2005 - A User's Guide
1 The particulars of its organization, functions and duties; The State Board for Prevention and Control of Water Pollution was constituted on 2401-1976 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 :

a. 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

b. To advise the State Government on any matter concerning the prevention,

control or abatement of water pollution.

c. To collect and disseminate information relating to water pollution and the

prevention, control of abatement thereof

d. To encourage, conduct and participate in investigations and research relating

to problems of water pollution and prevention, control or abatement of water pollution.

e. 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

f. 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.

g. 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 interState stream) resulting from the discharge of effluents and to classify waters of the State.

h. 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.

i. 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.

j. 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.

k. 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.

l. 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

m. 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

n. 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 :

a. To plan a comprehensive programme for the prevention, control or abatement

of air pollution and to secure the execution thereof

b. To advise the State Government on any matter concerning the prevention,

control or abatement of air pollution

c. To collect and disseminate information relating to air pollution. d. 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

e. 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.

f. 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.

g. 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

h. 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.

i. 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.

j. 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.

k. 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 Microorganisms/ Genetically Engineered Organisms or Cells Rules of Hazardous

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 3.

Committee or District Level Committee or Medical Officer by the occupier. 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)]. 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. 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)]. 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. 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. 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. 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. 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.

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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. 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. 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. 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.

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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. 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)) 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)). 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)). 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)) 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)) The State Government, Occupier or any Association shall after preliminary

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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). 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. 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. 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. 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

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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 Form6 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 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. 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.

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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. b. Identifying the hazardous wastes generating industries (New and old). Issuing notices to all the industries falling under the purview of HWM Rules, 1989 and its amendments thereof. Issuing authorisations to those industries who have facilities to collect / treat / store / dispose the hazardous wastes. Inspecting the industries to verify the compliance with regard to authorisation conditions. Issuing notices to the industries that are not complying the authorisation conditions. Monitoring of industries which are recycling non-ferrous metal scrap, Used oil and Used lead acid batteries. Issuing notices/legal action against non-complying recycling industries of non-ferrous metal scrap, Used oil and Used lead acid batteries Bio-Medical Waste (Management and Handling) Rules, 1998 and its Amendments thereof.

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Under Bio-medical Waste (Management & Handling) Rules, 1998, a. Every Health Care Establishments should obtain Bio-medical authorization from AP Pollution Control Board. Every HCE should tie up with Bio-medical Common Waste Treatment Facility (CBWTF) for collection, transportation, treatment and safe disposal of Biomedical Waste. In the HCEs the segregation of Bio-medical waste should be done at source as per schedule-I of the BMW rules. Respective color coded bags should be used to collect different category of segregated waste. Solid waste such as IV sets, syringes, IV bottles used gloves and catheters should be mutilated before disposing to Common Waste Treatment Facility. Liquid Waste generated in Operation Theatres and laboratories should be disinfected before draining out. The HCEs should provide occupational safety gears to its staff while handling the BMW. Records pertaining to the BMW generation, transportation, treatment and safe disposal should be maintained as per the rules. Every HCE should provide specific site to store its BMW. It must be closed

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and secured and not be accessible to domestic animals and rag pickers.

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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. The authorization shall be valid for a given period and after the validity is over, a fresh authorization shall be required. 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. Plastic Manufacture, Sale and Usage Rules, 1999.

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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: Prohibition of usage of recycled plastic carry bags and containers for food stuffs. 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. The minimum thickness of plastic carry bags made of virgin plastics or recycled plastics shall not be less than 20 microns. 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 amended the Rules in 2003 and named as Plastics Manufacture, Sale and Usage Rules 1999. The salient features of the Rules are as follows : No person shall manufacture, stock, distribute or sell carry bags made of virgin or recycled plastic bags which are less than 8 x 12 inches (20 x30cms) in size and less than 20 microns thickness. No vendor shall use carry bags made of recycled plastic for storing, carrying, dispensing or packaging of foodstuffs. No vendor shall use containers made of recycled plastic for storing, carrying dispensing or packaging of foodstuffs. Every occupier manufacturing carry bags are containers of virgin plastic or recycled plastic or both shall make an application in Form-I to the State Pollution Control for grant of registration. The Government of A.P vide G.O Ms. 158 MA& UD Department, dt 04-04-06 constituted the District Level Task Force Committee under the Chairmenship of District Collector to effectively organize, supervise and monitor the enforcement of the Plastics Rules. 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 3rd 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) i. a) Manufacture, Import and Storage of Hazardous Chemical Rules, 1989. There are three distinct activities defined under these rules. 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". "isolated storage" means storage of a hazardous chemical listed in Schedule 2 within the threshold quantities mentioned not covered under Schedule 4 . "pipe line" means a pipe or system of pipes for conveyance of a hazardous chemical other than flammable gas as in Column 2 of Part II of schedule 3. i. Isolated storage and industrial activity at a site handling of hazardous chemicals equal to or, more than the threshold quantities mentioned in Column 3 of Schedule 2 & 3 respectively is defined as "major accident hazard (MAH) installations". ii. As per Rule 5(1) &5(2),the Board is required to receive the information from the industry as identified in Schedule 5, on any major accident occurs on a site or in a pipe line in Schedule 6. Then Board compile the information and send a report with full analysis to the Ministry of Environment & Forests.

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iii. With regard to storage activity of hazardous chemicals, the occupier must submit the information in Schedule 7 of the Rules to the Pollution Control Board for approval and notification of the site at least 3 months before starting the activity [Rule No.7(1) &7(2)]. iv. The industry must take up industrial activity by giving a safety report in Schedule 8 to the Board within 90 days before actual commencement of the activity as per Rule 10 (1) & 10 (2). They must update the safety audit report once a year by conducting a fresh safety audit to the Board within 30 days. The industry must give a report once in 3 years of last report, whenever there is modification (which shall be reported atleast 90 days in advance) in its activity in accordance with Rule 11 (1) & 11 (2). v. The occupier must submit on-site emergency plan which includes name of responsible/ authorised persons on the site in case of an emergency to the Pollution Control Board within 90 days of commencing into operation and a mock drill shall be conducted every 6 months as per Rule 13. The importer of hazardous chemicals given in Schedule 1 [Part -I & Column 2 of Part-II], must maintain records in Schedule 10 and furnish any information to the Board as specified in Rule 18.

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vii. The district authorities/ district crisis group are required to prepare off-site emergency plans and keep them updated (as per Rule 14). 13. 14. 15. The Public Liability Insurance Act, 1991 and its amendments. The Noise pollution (Regulation and Control) Rules, 2000. The Chemical accidents (Emergency Planning, Preparedness and Response) Rules, 1996.

The powers and duties of its officers and employees; The Chairman and the Member Secretary are vested with the powers as set-in by the Government, Environment, Forests, Science & Technology Department. The other Senior Officers are under the control of Member Secretary. Powers and duties of the Chairman 1) The Chairman shall have overall control over the day to day activities of the State Board. (i) The Chairman may undertake tours within States for carrying out the functions of the State Board: (ii) The Chairman, may with the prior approval of the State Government, visit any place outside the State 3) Subject to rules, if any, made under sub-section (3) of Sec.12, the Chairman shall have full powers in matters of promotion, confirmation, transfer and termination of service of the officers and employees of the Board. In the matter of acceptance to tenders, the Chairman shall have full powers subject to the concurrence of the State Board.

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Subject to overall sanctioned budget provision, the Chairman shall have full powers to administratively approve and sanction all estimates.

Powers and duties of the Member-Secretary The Member-Secretary shall be subordinate to the Chairman and shall, subject to the control of the Chairman, exercise the following powers: 1) The Member-Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving them. The Member-Secretary shall produce such papers whenever so by the Chairman or by the State Board. directed

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The Member-Secretary shall make available to any member of the Central Board, for his perusal, any record of the Board. The Member-Secretary shall be entitled to call for the services of any officer or employee of the State Board, and files, papers and documents for study from any department of the Board, as also to carry out inspection of any department at any time including checking of accounts, vouchers, bills and other records and stores pertaining to the Board or regional offices thereunder. The Member Secretary may withhold any payment: Provided that as soon as may be after such withholding of payment the matter shall be placed before the State Board for its approval. The Member-Secretary shall make all arrangements for holding meetings of the State Board and meetings of the Committees constituted by the State Board. All orders or instructions to be issued by the State Board shall be over the signature of the Member Secretary or of any other officer authorized in this behalf by the Chairman. The Member-Secretary shall authorise, sanction or pass all payments against allotments made or estimates sanctioned. The Member-Secretary shall write and maintain confidential reports of all Class I and Class II officers of the State Board and shall get them countersigned by the Chairman. all

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10) The Member-Secretary shall countersign the confidential reports - of the Class III employees of the State Board.

11) (i) The Member-Secretary shall sanction the annual increments of Class I and Class II Officers of the State Board : Provided that the increment of Class I and Class II officers shall be withheld only with the approval of the Chairman.

(ii) The annual increments of other employees of the State Board not referred to in CI (i) shall be sanctioned by officers authorized in this

behalf by the Member Secretary. 12) The Member-Secretary shall have full powers for according technical sanction to all estimates. 13) The Member Secretary shall exercise such other powers and perform such other functions as may be delegated to him from time to time either by the Board or by the Chairman. Special Secretary The Special Secretary shall be directly in-charge of all administrative and establishment matters in the AP Pollution Control Board. Special Secretary shall be responsible for the following subject matters: a) Conducting of Board meetings and ensuring follow-up action of Board minutes. All Administrative and establishment matters as approved by the Board or State Government. Assist the Member Secretary in periodically reviewing the progress of the Action Plan. Monitoring environmental awareness programmes. All matters of audit and accounts in the Board. All action on LAQs, Assurances, Parliamentary questions, inter-departmental meetings, minutes, Parliamentary/ Assembly Committee Resolutions/minutes. Protocol. Zonal Offices and Regional Offices inspections in respect of office procedures, Administration, Establishment, Accounts, Computerisation, Action plan reviews and performance monitoring. Building programme/ maintenance. Review of externally aided projects. Any other special subjects that the Chairman or Member Secretary may assign from time to time.

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The Special Secretary reports to the Member Secretary and also assists the Member Secretary in any functions as required by the Member Secretary on a case to case basis. Administrative Manager, Chief Accounts Officer, Social Scientist and ministerial staff work under Additional Secretary. The Andhra Pradesh Pollution Control Board is a family of committed Environmental Engineers (Technical Wing), Scientists (Scientific Wing) and administrators (Administration Wing) supported by sophisticated lab facilities in important hot spots of the state.

I.

TECHNICAL WING

Consent for Establishment & Operation: Joint Chief Environmental Engineers are the Divisional Heads for CFE section & CFO Section. They supervise each and every work related to the processing of applications of Consent for Establishment (CFE) and Consent for Operation (CFO). Task Force:

1. Senior Environmental Engineer, Task Force-Head Office supervises and coordinates each and every work related to the Task Forces and directly reports to Member Secretary. The EE & AEE assists the SEE in the following tasks : a. b. c. d. e. f. g. h. co-ordination with the other Task Forces for processing the files. Inspection of defaulting industries verification of complaints preparation of inspection reports Monitoring of 17 category of industries under CREP action points. preparation of status reports on CREP recommendations. follow-up and updating on petition monitoring system of Govt. of A.P. follow-up and updating of complaints received on web site.

Planning, Legal, Joint Chief Environmental Engineer is the Divisional Head for Planning & Legal and he supervises each and every work related to the above two cells. PLANNING: Monthly monitoring and review of Action plans, performance activities reports to be submitted to the Government (supported by EEs & ministerial staff). LEGAL: Obtaining field reports on the cases filed in the Honourable Courts and filing of counter affidavits / status reports (supported by EE,AEE & ministerial staff). CESS Senior Environmental Engineer is the Divisional Head for Cess cell and he supervises all the works pertaining to that cell. Processing of Assessment orders of industries and Municipalities for collection of cess, issuing notices to the defaulters and depositing the collected cess amount in the treasury of MoEF, GOI as per the cess act. (supported by AEE & ministerial staff). Cleaner Production Cell: Joint Chief Environmental Engineer, A.P. Pollution Control Board supervises each and every work related to the cell and reports to Member Secretary. SEE & AEE

assists the JCEE in the following tasks : a. Organising workshops for different sectors of industries, APPCB Staff, Nodal departments of Gov. of AP and other stakeholders Releasing technical information Newsletter of APPCB on technical information , Cleaner Production and other successful case studies on Waste Minimisation, Sponsoring of conferences related to cleaner production,

b.

c.

Municipal Solid Waste Management Cell Senior Environmental Engineer is the Divisional Head for Municipal Solid Waste Management cell and also deals with State Assembly and Parliamentary issues. He is assisted by SEE, EE & AEE. The cell deals with works related to the following : a. b. c. d. e. f. g. implementation of MSW Rules, processing of Authorisation applications, monitoring of landfill and processing facilities, co-ordination with the MA & UD dept. and municipal authorities, co-ordination with the CPCB and MoEF, GOI. legal cases pertaining to MSW, Processing of registration applications of Manufacturers of plastic carry bags & containers. Legislative Assembly Question, Loksabha questions, Rajyasabha questions, parliament assurances. Processing of MSW project proposals, monitoring of Municipal Sewage Management.

h.

i. j.

Hazardous Waste Management Cell Joint Chief Environmental Scientist is the Divisional Head of HWM Cell assisted by EEs & AEEs. The cell deals with matters pertaining to : a. Implementation of Hazardous Waste (Management and Handling) Rules 1989 and its amendments thereof 2003, Batteries (Management and Handling) 2001, and Fly Ash Notification notified under Environment (Protection) Act. Grant and renewal of authorization under rule 5(4) and rule (8) Monitor the compliance of the various provisions and conditions of authorization

b.

c. d.

e.

Forward the application for imports submitted by the importers as per rule 13(1) Review matters pertaining to identification and notification of disposal sites Deals with matters pertaining to Supreme Court Monitoring Committee and Local Area Environmental Committee.

f. g.

BUILDING CELL The Building cell is headed by SEE and assisted by Dy.EE and Technical Officer. The cell looks after the following works:-

a)

Attend all maintenance works of Head Office building including house keeping, generators, lifts, Air conditioners, Civil works, Internal & External Electrification, water supply, Sanitary, Gardening and supervision on security guards. Processing of files relating to Head Office Electrical bills and taxes of PCB buildings. Processing of all the proposals i.e., design & Drawings received from Boards Architect and laisioning with Architect and Executing agency for the construction of ZO / RO buildings in the state. Processing of files relating to fixation of rents and Enhancement of rents to all Zonal / Regional Offices buildings which are situated in private buildings. Processing of files relating to acquiring of sites for the construction of ZO / RO buildings in the state.

b)

c) d)

II. SCIENTIFIC WING

Laboratory
Joint Chief Environmental Scientist is the Divisional Head of Laboratories of the Board and assisted by SESs, JSOs and Analysts. The Laboratory deals with work related to : a. Sampling and analysis of Water, Air, Wastewater, Bacteriological, bio monitoring & Bioassay. Audit query, Lab safety, World Bank aided projects, procurement of instruments and equipments and their maintenance. Analysis of samples under GEMS / MINARS / NRAP / Ground water, Computerisation of data and Correspondence with CPCB. NABL & Laboratory recognitions, Analytical quality control, SAAQM / NAAQM monitoring, data compilation and transmission to CPCB, Stack monitoring / AAQM;

b.

c. d. e. f. g.

h.

i. j.

Vehicular pollution control management, Legal samples and court related samples,

k.

TSDF monitoring and preparation of trends and reports.

III. ADMINISTRATION WING Administration Section Administrative Manager is the Divisional Heads of Administration section. He Supervises work related to the Administration Section with the assistance of Section Head, Superintendent, Senior Assistants and Junior Assistants. The following are the main areas dealt by the Administration Section: a. b. c. Training Programmes and Legal issues pertaining to Service Matters. Protocol , Board Meetings, Day to day maintenance of vehicles. General Administration Works i.e., Telephones, Vehicles Contract Agencies (Security and Man Power). Cadre strength of all employees of Gazetted posts and Non-Gazzeted posts Service matters of both Gazetted and Non-Gazetted posts viz., Recruitment, Maintenance of Roster Registers, Seniority, Promotions, Transfers, Pay & Allowances, Release of Annual Grade Increments, Sanction of Leave of all kinds, Sanction of LTC, Declaration of Probation, Encashment of El, Sanction of Addl. Charge Allowances, Family Planning Incentive, Disciplinary cases, Retirement Benefits, etc., in respect above said employees. Employment Exchange returns (Quarterly, Half - Yearly, Annual and Bi Annual). Audit replies in respect of above said employees. Claims of financial assistance to the deceased employees. Claims of all maters relating to group schemes like Janatha policy, Pension and Gratuity pertaining to above said employees. Recording of all proceedings in the Service Register of all Employees. Maintenance of Annual Property Statements and Confidential Reports of all officers and staff Building files of Board Office, Zonal Offices and Regional Offices. Purchase of office equipment, printing and stationary, etc., Maintenance of Registers or tools & plant, stock, material, stationary, etc.,

d.

e.

f.

g. h. i.

j. k.

l. m. n.

o.

Annual maintenance contracts for the office equipments, viz., Typewriters (electronic and manual), Computers, Xerox machines, Roneo, Air conditioners, Air Coolers, Refrigerators, Calculators. Maintenance of records for the receipt of letters to the Board Office and Cheques, inward and outward registers. Postage account including Registered Posts/Parcels.

p.

q.

Accounts Section Chief Accounts Officer is the Divisional Head of accounts section of the Board assisted by Sr. Accountants, Superintendent, Accountant and Sr. Assistants. The Accounts section deals with the following: a. Scrutiny and payment of telephone bills, payment of reoccurring expenses every month, preparing of Debit vouchers for payment of bills and Credit vouchers. Issual of Cheques, obtaining DDs, remittance of DDs/ Cash received. Preparation of Debit Vouchers and Credit Vouchers and Journal Vouchers for the amount received under consent fee, analysis fee, Bio-medical authorization fee and other receipts of all Zonal & Regional Offices, correspondence with banks. Sanctioning, scrutiny and passing of imprest bills. Preparation of Pay bills and supplementary bills of Head Office. Remittance of all the recoveries made through pay bill / supplementary bill. Sanction of Tour, LTC, TTA advances, scrutiny and passing of advances. Scrutiny and Payment relating to vehicle hire charges. Verifying of files relating to Festival, Marriage, Motor Cycle, Motor Car, Computer, Educational, House Building and other advances. Preparation of Form 16 & 24 of Income Tax for the employees of the Head Office. Processing and payment of Transfer funds to all Zonal Offices, sanction, scrutiny of Misc. advances. Preparation of Cash Flow statements, Correspondence of files regarding Payments of Head Office and correspondence with all Zonal Offices. Preparation of Debit, Credit and Journal Vouchers. Correspondence relating to Pension, Gratuity of employees of the Board, Preparation of LSC & PC. Correspondence with Govt. of A.P., CPCB, and MOEF, New Delhi, with various projects. Files dealing with fixed deposits and maintaining of FDs. Statement updating them from time to time. Finalisation of Accounts Statements such as, Preparation of Receipts & Payments a/c., Income & Expenditure a/c and Balance Sheet and attending Statutory Audit of the Boards account. Preparation of schedules relating to misc advance, Special imprest tour advance, imprest advance, and due from all Regional Offices relating to consent fee.

b.

c.

d.

e.

f.

g.

h.

i.

j. AG audit work related to accounts.

Environment Education Wing Social Scientist is the Divisional Head of Environment Education Wing assisted by Asst. Manager and Project Officers. The wing deals with the following activities : a. Conducting Environment Awareness Programmes in the entire State of Andhra Pradesh; involving Industries, Urban Local Bodies, Schools and other Organisations like NGOs, CBOs, Women Groups and general community, Issuing press releases, rejoinders, analysis of press reports, All Government correspondence, publications including newsletters, annual reports, citizen's charter, media conferences, Conducting world event days related to Environment, radio talks and TV interviews, event handling, participating in exhibitions and documentary film making. Creating environmental awareness through Mobile exhibition buses viz. Shramika (for Industrial pollution), Nagarika (for Urban pollution) and Manaratham (for general In Schools/Colleges) covering the entire State of Andhra Pradesh in a phased manner.

b. c.

d.

e.

POWERS TO THE STATE BOARDS UNDER THE WATER ACT The powers given to Central / State Boards to make application to courts for restraining apprehended pollution of water in streams or wells :

1. Where it is apprehended by a Board that the water in any stream or well is

likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the Board may make a application to a court, not inferior to that of a metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.

2. On receipt of an application under sub-section(1) the court may make such

order as it deems fit. Where under sub-section(2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order i. Direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter ii. Authorise the Board, if the direction under Clause(I) (being a direction for the removal of any matter from such stream or well) is not 0.complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the Court.

4. All expenses incurred by the Board in removing any matter in pursuance of the
authorisation under clause(ii) of sub-section(3) or in the disposal of any such

matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. Section 33-A. Power to give directions : Notwithstanding anything contained in any other law, but subject to the provisions of this Act and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

The procedure followed in the decision making process, including channels of supervision and accountability;

The Board is headed by the Chairman and the Chief Executive Officer is the Member Secretary. The Chairman and the Member Secretary are vested with the powers as set-in by the Government, Environment, Forests, Science & Technology Department mentioned in Sl.No.2. The other Senior Officers are under the control of Member Secretary.

The norms set by it for the discharge of its functions;

The norms which are mandatory as per the Acts / Rules being implemented by the Board are followed.

The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

The Andhra Pradesh Pollution Control Board is empowered to carry out its functions under the provisions of the following pollution control Acts / Rules and Amendments issued thereafter. a) The Water (Prevention & Control of Pollution) Act, 1974, its amendments and Rules. The Air (Prevention & Control of Pollution) Act, 1981, its amendments and Rules. The Environmental (Protection) Act, 1986 and rules framed there under The Water (Prevention & Control of Pollution) Cess Act, 1977, its amendments and Rules. Hazardous Waste (Management and Handling) Rules Bio-Medical Waste (Management and Handling) Rules

b)

c) d)

e) f)

g) h) i) j) k) l) m)

Municipal Solid Waste (Management and Handling) Rules Plastic Manufacture, Sale and Usage Rules. Batteries (Management and Handling) Rules Manufacture, Import and Storage of Hazardous Chemical Rules The Public Liability Insurance Act, 1991 and its amendments. The Noise pollution (Regulation and Control) Rules, 2000. The Chemical accidents (Emergency Planning, Preparedness and Response) Rules, 1996. The manufacture, Use, Import, Export & Storage of Hazardous Micro-organism Genetically Engineered Organism or Cells Rules, 1989.

n)

The Zonal Document and other circulars of the Board prescribe the job chart of all employees at all levels for discharging the functions of the Board.

A statement of the categories of documents that are held by it or under its control; All the documents related to the functions and duties of the Board are available with the Board. These documents are accessible to the public through the APIO, PIO & Appellate Authority designated by the Board at Head Office, Zonal Office & Regional Offices.

The particulars of any arrangement that exists for consultation with, or representation by the members of the public in relation to the formulation of its policy or implementation thereof; The policy decision matters are placed before the members of the Board for approval. The representations of the public on the functioning of the Board / specific complaints on implementation of acts and rules are enquired into by the concerned officers and redressed. The processing and recommendations of the CFE / CFO applications are made through Committees consisting of Technical persons, Academicians in the field of Engineering and Science, Persons from Research Organizations, etc. at Head Office and Zonal Offices. The processing and recommendations of the CFE / CFO applications are made through Committees consisting of Representatives from Industries Department, Factories Department, Medial & Health Department, Urban Development Authority (UDA / Town & Country Planning Department) and Academicians in the field of Engineering and Science, at Regional offices. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

Establishment and Operation

The CFE and the CFO Committees are constituted under the provisions of the Water (Prevention Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. These committees are existing at Board Office, Zonal Offices and Regional Office levels. For categories of projects included in the Schedule of EIA Notification,2006, EIA / EMP reports and executive summary of the proposed project are made available to the public at designated places as per the EIA Notification, 2006. The public hearing is conducted as per MoEF, GOI guidelines. The minutes of the public hearing can be obtained by the public on payment of Rs. 100 per industry in the form of Demand Draft. The decision of the CFE/CFO committee is displayed in the notice board. The disposal status of CFE/CFO applications of the industries is being displayed in the Website. The industries are directed to display the details of CFE/CFO i.e. standards for effluents and emissions along with monitored values and validity period. Municipal Solid Waste Management: A.P. Pollution Control Board constituted District Level Site Clearance Committee and State Level Site Clearance Committee for processing of Form-I applications submitted by the ULBs for issuing of authorization under MSW Rules.

High Level Committee : The State Government has constituted a High Level Committee vide G.O. Ms. No.547 M.A date 21-12-2002 to assist the Director of Municipal Administration for effective implementation of MSW Rules. Task Force Committees : A Task Force Committee (External Advisory Committee) is constituted at the Head Office to examine the cases relating to violations of the provisions of the Acts and Rules. The existing CFO Committees at Zonal Offices and Regional Offices also act as Task Force Committees in Zonal office and Regional Office level respectively. Several advisory Committees and Appellate Authorities are also functioning for monitoring and effective implementation of Acts & Rules.

A directory of its officers and employees:

Enclosed in Annexure-I.

10

The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; officers

and employees, including the system of compensation as provided in its regulations;

A Statement of salaries paid for the month of December-2009 of Head Office is enclosed by accounts section at Annexure I.

11

The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditure reports and on disbursements made;

Budget statement for 2009-2010 enclosed in Annexure II.

12

The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

There are no executions of subsidy programmes, whereas some financial assistance is being extended to some of the NGOs under Environmental Awareness programmes for creating awareness in the public.

13

Particulars of recipients of concessions, permits or authorizations granted by it;

Consent for Establishment (CFE), Consent for Operation (CFO),& Authorizations under HWM Rules are issued to industries. Authorizations under MSW Rules are issued to urban local bodies. Authorizations under BMW Rules are issued to health care establishments.

14

Details in respect of the information, available to or held by it, reduced in an electronic form;

The update information of the Acts & Rules, functions & objectives of the Board are displayed on the website www.appcb. ap.nic.in. for public information. In addition to the above, the status of consent orders pertaining to CFE / CFO / Authorizations etc. are also displayed on the website.

15

The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

The facilities of seeking general information and activities of the Board including Acts & Rules are available to the public during the office working hours and also available in the appcb website. A Library is available in the Head Office for references during the office working

hours.

16

The names, designations and other particulars of the Public Information Officers. Annexure - III. Such other information as may be prescribed and thereafter update these publications every year.

17

Updation will be undertaken as and when needed.

OBLIGATION TO DESIGNATE THE FOLLOWING, IN ALL ADMINISTRATIVE UNITS AND OFFICES. A State Asst. Public Information Officer under Section 5(2) of the Act to receive applications for information or appeals under the Act to forward the same forthwith either to State Public Information Officer or to the Officer who is senior to the State Public Information Officer. AP Pollution Control Board has notified Appellate Authority, Public Information Officers and Asst. Public Information Officer for its Head Office, 5 Zonal Offices and 19 Regional Offices to deal with RTI applications directly. The names, designations and other particulars of the Public Information Officers and Appellate Authorities is placed at Annexure III SEE(CPC) - HO level SEE/ EE - at ZO level. AEE - at RO level. MS/AS - HO level. JCEE - at ZO level. EE - at RO level.

State Public Information Officer under Section 5(1) of the Act to provide information within the time limit specified in the Act. Officer who is senior to the rank of State Public Information Officer to receive the applications for information or appeals sent by State Assistant Public Information Officer as contemplated under Sub Section (1) of Section 19 of the act to dispose within the time frame stipulated in the Act in each Public Authority.

STATUTORY OBLIGATIONS A To make every office in the district, of every department of the Government of Andhra Pradesh, at district, sub-divisional and mandal levels, to maintain records as prescribed in section 4 (1) (a). To make every office in the district, of every department of the Government of Andhra Pradesh, at district, sub-divisional and mandal levels, to publish manuals on or before 12/10/2005, Records are maintained at HO, ZO and RO levels.

Status of various clearances are in the appcb website and updated regularly. Published

as prescribed in section 4 (1) (b). To make every office in the district, of every department of the Government of Andhra Pradesh, at district, sub-divisional and mandal levels, to designate by 23/09/2005. "State Public Information Officer" under Section 5 (1) of the Act.

Designated.

SEE(CPC) - HO level SEE/ EE - at ZO level. AEE - at RO level. AP Pollution Control Board has notified Appellate Authority, Public Information Officers and Asst. Public Information Officers for its Head Office, 5 Zonal Offices and 19 Regional Offices to deal with RTI applications directly. The names, designations and other particulars of the Public Information Officers and Appellate Authorities is placed at Annexure III. Member Secretary / Special Secretary - HO level. JCEE - at ZO level. EE - at RO level. Implemented in APPCB.

ii

"State Assistant Public Information Officer" under Section 5 (2) of the Act.

iii

"Officer who is senior to the State Public Information Officer" to receive applications for information or appeals sent by State Assistant Public Information Officers under Sub Section (1) of the Section 19 of the Act. To bring to the notice of every public authority in the district coming under the purview of the definition of Public Authority under section 2 (h) of the Act, to take action on the lines of subparas (a), (b), (c) above.