Thursday, 9 April 2015

The Punjab Environmental Protection (Poultry) Regulations 2013

Notification
No-----------/G/LS/EPA/2013.In exercise of the powers conferred under Section 33 of the Punjab Environmental Protection(amendment) Act, 1997 (XXXIV of 1997), the Provincial Environmental Protection Agency, with approval of the Government, is pleased to make the following Regulations:-
1. Short title and Commencement :-( 1) These Regulations may be cited as the Punjab Environmental Protection (Poultry) Regulations 2013.
(2) They shall come into force at once.
2. Definitions: - (1) In these Regulations:-
(a) “Act” means the Punjab Environmental Protection Act, 1997 (XXXIV of 1997);
(b) “Hatcheries” means the premises with requisite infrastructure used for hatching of fertile poultry eggs.
(c) “Poultry Project” means poultry related activities like hatcheries, poultry farm , poultry control shed, poultry premises or any other poultry project notified as such
(d) “Human Settlement” means a cluster of at least 50 houses.
(e)“Poultry Premises” means distinct site meant for the purpose of poultry Production including poultry farms, hatcheries, disease diagnostic facilities supported by essential infrastructure and staff.
(f) “Poultry Farm” means the premises for growing or keeping more than 50 poultry birds on the site.
(g) “Poultry Operation” means activities relating to poultry farms, hatcheries, poultry control shed and poultry disease diagnostics.
(h) “Poultry Production” means any function/ activity related to poultry operation.
2 | P a g e
(i) “Poultry” includes the species such as chicken, turkey, quail, pheasant, duck, pigeon, peafowl, ostrich or any other bird as may be notified as such
(j) “IEE Performa” means a Performa designed in an objective manner as specified in Schedule- I.
(k) “PEQS” means Provincial Environmental Quality Standards established under the Act;
(l) “Checklist” means an expression of information or documents or data or information, listed in schedule-1, compulsorily required to be submitted along with an application for initial environmental examination for poultry project
(m) “Poultry Waste” means a waste generated during growing or keeping of poultry which includes solid waste, liquid waste, effluents and emissions and dead birds.
(n) “Solid waste” means refuse, garbage, rubbish, sweepings, slurry, sludge, scums, litter, dead bird excreta, rotten egg shells, fleshing, feathers, bones, offal, used rice husk, wheat straw or any other material used for bedding, in poultry project.
(o) “Odor” means any unpleasant or pungent smell, arises from the poultry project, may become offensive or causes or likely to cause discomfort to human settlement, located at the distance of at least 500-meters from the project and is verified by five or more witnesses to conform symptoms of nausea, gagging, coughing, eyes watering, headaches or an aggravation of an existing asthma conditions because of the pungent smell.
(p) Guidelines” means Environmental Protection (Poultry) Guidelines notified by the Agency
(2) All other words and expressions used in these Regulations, but not defined, shall have the same meanings and expressions, as are assigned to them in the Act.
3 | P a g e
3. Filing of IEE Performa :-(1) the proponent shall submit IEE Performa for the Poultry project, in accordance with the requirements of the checklist. All relevant details reflecting qualitative and quantitative impacts of the poultry project shall be incorporated in IEE Performa, whose completeness or otherwise, shall be confirmed by the District Officer (Environment) or any other officer of the Provincial Agency authorized as such by the Director General.
(2) The proponent shall pay at the time of submission of an IEE Performa of a poultry project, non-refundable review fee Rs. 25000/ or as may be revised from time to time, to the provincial Environmental Protection Agency.
4. Filing of Application for Obtaining Environmental Approval
Five hard copies and two soft copies of duly filled in IEE Performa along with application Form as specified in Schedule II, proof of the payment of prescribed fee and undertaking specified in Schedule III, shall be submitted with the concerned District Officer (Environment) or with the Agency, for obtaining environmental approval.
5. Processing of application
(1) The Agency shall make every effort to carry out its review of the IEE Performa within 45 days, after confirmation of completeness, under Rule 3, 4 & 5. Site suitability report may be prepared by the District Officer (Environment) concerned and will be sent to the Director General, of the Agency within 10 days.
(2) In case the D.O (Environment) does not recommend the project for granting approval then he/she shall record his/her techno-legal views prior to sending them to the Agency. The Agency may approve the project or otherwise.
(3) In case the D.O (Environment) fails to furnish the site inspection report of a project to the Director General within 10 days or does not recommend the project then the proponent shall have right to file an appeal to the Director General, Who may obtain site inspection report through an authorized Officer or Committee within 10 days as may be required.
(4) The review of the IEE Performa by the Agency shall be based on quantitative and qualitative assessment of the project and relevant data furnished by
4 | P a g e
the proponent, comments or views from the public or Government Agencies, if required.
6. Decision
On completion of the review and after completing required procedural formalities, the decision of the Agency shall be communicated to the proponent in the Form prescribed in Schedule-IV.
7. Conditions of Approval
The Agency may accord environmental approval for construction or operational phase of the poultry project, to the proponent, subject to the following conditions.
(1)Every approval of an IEE in addition to such conditions as may be imposed by the Agency or as prescribed in poultry pollution control guidelines, be subject to conditions that the project shall be designed and constructed, and mitigation measures are adopted strictly in accordance with the IEE unless any variations thereto have been specified in the approval by the Agency.
(2) Ensure compliance with all notified National Environmental Quality standards (NEQS) or PEQS whichever applicable.
(3) Arrange environmentally friendly disposal of all waste, effluents and emissions, during processing, handling, storage, transportation, in accordance with the Environmental Protection (Poultry) Guidelines.
(4) In case of odor and other fugitive emissions, remedial measures or air pollution control devices shall be installed in poultry premises.
(5) Poultry project shall not be located at an aerial distance, less than 500 meters from human settlements consisting at least 50 houses.
Provided that in case the poultry project is with rendering activity then its distance from the human population must be one kilometer at least.
(7) The proponent shall strictly comply with the method of disposal of solid waste (including dead birds and litter) like burial, incineration, land filling, ditching, composting as may be prescribed in Guidelines.
5 | P a g e
(8) “Cancellation of approval”
(1) In case, at any time, on the basis of information or report received or inspection carried out, the Agency is of the opinion that the conditions of an approval have not been complied with, or that the information supplied by a proponent in the approved IEE/EIA is incorrect, shall issue notice to the proponent to show cause, within two weeks of receipt thereof as to why the approval should not be cancelled.
(2) In case no reply is received, or if the reply is considered unsatisfactory, the Agency may, after giving the proponent an opportunity of being heard:
(a) require the proponent to take such measures and to comply with such conditions within such period as it may specify, failing which the approval shall stand cancelled; or
(b) The DO (Environment) concerned may recommend the Agency for cancellation of the approval.
(3) On cancellation of the approval, the proponent shall cease construction or operation of the project of forthwith.
(4) The DO(E) of concerned district shall give effect the execution in accordance with the direction received from the Agency.
(5) Any action taken under these Regulations shall be without prejudice to any other action that may be taken against the proponent under the Act, regulations, regulations or any other law for the time being in force.
(9) Application of IEE/EIA Regulations. For the parameters not mentioned in these regulations but interalia relevant to entry and inspection, confirmation of compliance regulating, monitoring and validity period of approvals issued to poultry projects, the Pakistan Environmental Protection Agency (review of IEE/EIA) Regulations 2000 shall apply to poultry projects.
Schedule I
IEE/EIA PROFORMA
(See Rule 3)
Poultry Farm and hatcheries
Sr #
Parameters
Remarks
6 | P a g e
1
General
A
Name & address, and cell No. of Proponent
b
Name & address, and cell No of contact person
c
Name and location of the Poultry Project
d
Existing land use
e
Copy of lease/rental agreement of land/property
f
Copy of partnership deed (if any)
g
Arial distance from nearest population having at least 50 houses
h
Arial distance from any other poultry project situated in vicinity of the proposed project
i
Status of the site as per record of municipal authority-residential, commercial, industrial or agricultural or mixed area
2
Documentation
a
Landownership Documents
b
TORs for compensations (in case of loss of life or property)
c
Undertaking/affidavit as per schedule-III on stamp paper
d
NOC from TMA/DCO/Municipal Authority
e
CNIC Copy of Proponent
f
Map/ Layout Plan containing marked locations for construction or installation of structures or devices/treatment plants to control effluents and emissions or any other environmental pollution.
3
Description of the Project
a
Total Cost of the project
b
Total Area
c
Covered and uncovered area
d
Type of Poultry project
e
No. of stories / sheds
f
Capacity of the poultry project
g
Alternative sites considered for the expansion poultry project, if public complaint exists
4
Environmental Aspects
a
Is the project located in environmentally sensitive area/ khaddar area/protected area?
b
Expected water requirement for the project
c
What is the source of water
d
Quantity of solid waste generated during construction/operational phase and its disposal plan
e
Quantity of liquid effluents and sewage generated during construction/operational phase and its disposal plan wherever applicable
f
Method of treatment of liquid effluents and sewage, wherever applicable (attach design)
7 | P a g e
g
Method of air & odour pollution control measures, wherever applicable (attach design)
h
Method of handling and disposal of solid waste facility (attach design)
i
Method/measures to control noise from operation of power generators and other industrial activities, wherever applicable
5
Project Social Acceptability
a
Is there any complaint against existing project?
b
If yes, what is the nature of complaint
c
Has the issues/complaint been resolved?
d
Pictorial view
f
Security or safety plan for the workers and nearby residents
g
Permission from waste water receiving body like WASA/TMA/Irrigation Department/Cantonment Board
6
Environmental Management and Monitoring Plan
a
Methods for disposal of solid waste
b
Methods for control of odour from the poultry project
c
Methods for disposal of liquid effluents and sewage
d
Methods to contain polluted run off from the poultry project, wherever applicable
e
Disposal methods defined for dead birds , unhatched egg and egg shells
f
Monitoring and evaluation plan during operational phase
g
Commissioning plan for the poultry project
VERIFICATION: I do solemnly affirm and declare that the information given above and contained in the attached Schedules is true and correct to the best of my knowledge and belief.
Name & Designation of Proponent: ______________________________________________
Postal address of the Proponent: ________________________________________________
8 | P a g e
Signature of Proponent: _______________________________________________________
Date: ___________________ Office Stamp/Seal: ____________________
*Please Note photocopies attached should be duly attested
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB
Schedule-II
(See Rule 4)
Application Form
1.
Name & address of proponent
2.
Fax #:
Email ID:
and Phone #:
3.
Description of Project
4.
Location of Project
5.
Objectives of the project
6.
Is required IEE/EIA proforma attached?
Yes/No
7.
Have alternative sites been considered for expansion project and reported in IEE/EIA proforma?
Yes/No
8.
Existing land use and land
Requirement
9.
Is basic site inspection information are available and verified?
Yes/No
VERIFICATION: I do solemnly affirm and declare that the information given above and contained in the attached Schedules is true and correct to the best of my knowledge and belief.
Name & Designation of Proponent: ______________________________________________
Postal address of the Proponent: ________________________________________________
9 | P a g e
Signature of Proponent: _______________________________________________________
Date: _______________________ Office Stamp/Seal: ______________________
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB
Schedule - III
(See Rule 4)
Undertaking
I, (full name and address) as proponent for (name, description and location of project) do hereby solemnly affirm and declare that I fully understand and accept the conditions contained in the approval accorded by the EPA Punjab bearing tracking No. ________ dated __________, and undertake to design, construct and operate the project strictly in accordance with the said conditions and the IEE/EIA Proforma. I also undertake that I have paid the due fee for IEE/EIA in the designated account of the government exchequer and original receipt of the bank bearing No. ___________ is enclosed herewith.
I also undertake to comply with all applicable NEQS/PEQS and Punjab Poultry Pollution Control Guidelines and provisions of Hospital Waste Management Regulations.
I also under take to pay compensation in case of loss of life or property during construction or operational phase of the Project.
Date __________________________________
Signature, name and
Designation of proponent
(With official stamp/seal)
Witnesses
(Full names and addresses)
10 | P a g e
(1) ______________________
(2) __________________
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB
Schedule -IV
(See Rule 6)
Decision on IEE/EIA Form
1. Name and address of proponent ___________________________________________
_______________________________________________________________
2. Description of project_________________________________________________________
3. Location of project _______________________________________________________________
4. Date of filing of IEE/EIE Proforma________________________________________________________
5. After careful review of the IEE/EIA Form, the EPA Punjab has decided to accord its approval, subject to the following conditions:
____________________________________
____________________________________
____________________________________
6. Reasons for disapproval, if IEE/EIA Form not approved
____________________________________
____________________________________
____________________________________
Date __________________________________
Tracking No ___________________________ Director General
EPA Punjab
(Signatures & Seal)

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880