Chapter – 3mn@admin
Chapter – 3 Prevention and control of pollutions
15. Prohibition to emit waste in contravention of the prescribed standards: No one shall emit or cause to emit the noise, heat and waste from any mechanical means, industrial establishment or any other place in contravention of the standards prescribed by the Ministry by a Notification published in the Gazette.
∗16. provisions relating to provisional or permanent pollution control certificate :
(1) All industries as referred to in Schedule-7 which are currently in operation, shall apply within 90 days from the date of commencement of these Rules and the industries which were registered prior to the commencement of these Rule but are not in operation or the industries which shall be registered after the commencement of these Rules shall apply within the 60 days from the date of beginning of production to the concerned body mentioning their detailed particular to obtain the provisional pollution control certificate. Upon receipt of such application the concerned body shall conduct inquiry into it , and so seek , as required the opinions and suggestion of the Village envelopment committee or Municipality , where the industry is to be operated and if it is found thereafter that the operation of such industry shall cause no Substantial adverse impact on environment or there is possibility of reducing or controlling such effect, then concerned body shall issue a provisional pollution control certificate valid for one year to the applicant within Ninety days from the date of receipt of the application.
(2) Notwithstanding anything contained in Sub-Rule (1), If the industry , which is to be registered after the commencement of these Rules , had already obtained the opinions and suggestions from the concerned Village Development committee or Municipality in course of preparation of the report pursuant to Rule
7 for the determination of scope (scoping) pursuant to Rule 4 , the concerned body shall not require to obtain the opinions and suggestions from the Village Development Committee or Municipality again regarding impact on environment while operating industry pursuant to Sub- Rule (1).
(3) In cases where the standard of sound, heat, nuclear radiation and waste disposal for any industry has been determined by publishing a notice in Nepal Gazette pursuant to Rule 15, the concerned body shall require to issue a permanent pollution control certificate valid for three years to those industries after having their examination from the designated laboratory or established pursuant to Section 11 of the Act within Six months from the date of determination of such standards.
(4) On failing to issue the provisional or permanent pollution control certificate within the stated time period pursuant to Sub-Rule (1s) and(3) , the concerned body may issue such certificate within additional three months from the date of lapse of such time period.
(5) While issuing the provisional or permanent pollution control certificates pursuant to Sub- Rule (1) and (3) , the concerned body may , as required, prescribe all or any of the following conditions to be complied by such industry: –
(a) To install within the stated time the equipments required to reduce or control pollution,
(b) To properly use the installed equipments of pollution control,
(c) To operate the industry only at stated time, (d) To take specific measures to control such activities carried
out in the premises of any industry which generate pollution,
(e) To take specific measures to control the activities of any industry which generate pollution outside the premise of the industry,
(f) To make available the equipments necessary for the monitoring activities at the fixed time,
(g) To work as per other conditions prescribed and defended necessary by the concerned body in view of the nature of industry.
(6) The provisional pollution control certificate pursuant to Sub-rule (1) shall be renewed every years and the permanent pollution control certificate pursuant to Sub-Rule (3) shall be renewed every three year.
(7) The terms and conditions mentioned in the provisional or permanent pollution control certificate obtained pursuant to this Rule shall be put in the places of operation of industry as may be seen by all.
(8) The concerned body shall maintain the updated list of the industries who obtained the certificates pursuant to this Rule and the list shall be made available to the Ministry.
17. Complaints may be Lodged in case anyone causes pollution or emits waste: In cases where any individual, institution or industry does not control pollution or emits waste in contravention of the conditions or standards prescribed under the Act or these Rules; the individual, institution Village Development Committee or Municipality affected by such action may lodge a complaint with the concerned body.
18. Notice to be issued control pollution or not to emit waste: (1) In cases where the concerned body finds in the course of an investigation conducted on its own or following a complaint lodged under Rule 17 that any individual, institution or industry has not controlled pollution or has emitted waste in contravention of the condition or standards prescribed under the Act and these Rules , it shall immediately issue a notice to the concerned individual, institution or industry to control pollution or immediately not to emit waste according to the prescribed
conditions or standards.
(2) While issuing a notice to the concerned individual, institution or industry under Sub- Rules (1) , the concerned body may order him/her it to take all or any of the following actions immediately by prescribing a time limit in that
(a) Measures to be adopted immediately for controlling or reducing pollution, or for not emitting waste,
(b) To use, operate, or improve any device or equipment,
(c) Not to use all or any of the equipment currently being used or operated,
(d) To adopt the specified monitoring programs and submit a report to it,
(e) To adopt various alternative measures for controlling pollution and avoiding emission of waste,
(f) To develop environment management system and furnish information thereof,
(g) To perform other functions which are deemed appropriate for controlling pollution and prohibiting waste emission activities
19. Power to Change Conditions: (1) In cases where it is deemed appropriate to effect some changes in the conditions prescribed under ∗ Sub-Rule (5) of Rule 16 for reducing or controlling pollution and adopt other measures for that purpose, the concerned industry may submit an application to the concerned body mentioning the same.
(2) In cases where investigation conducted into the application received under Sub-Rule (1) shows that other measures may be adopted for reducing or controlling pollution, the concerned body may grant its approval to change some conditions and adopt other measures as requested by the applicant.
20. Power of the Concerned body to carry out sanitation and cleanliness activities itself: (1) In case any individual institution or industry emits waste in contravention of the conditions or standards prescribed in the Act or theses Rules even after being issued a notice prohibiting such action, and such action causes an adverse impact on the public, the concerned body may remove such waste at its own cost.
(2) The concerned body shall realize the cost incurred by it for removing waste from any place under Sub- Rule (1); as well as an additional charge amounting to Twenty Five percent of that cost in consideration of having done so,
from the individual, institution or industry which has emitted those wastes, as government dues under the existing laws.