This citizen's charter is an emphasis of our intent to work for a cleaner and greener Karnataka. This is a part of our endeavour to move towards transparency in decision making, improving our responsiveness to the needs and demands of the citizens and other stakeholders. The sheer span and the scope of work of the KSPCB is immense. Through this charter we are attempting to identify some of the areas of interface between the KSPCB and its stakeholders and make commitments in terms of the time and the quality of services we render. This charter is meant to be a dynamic document and being the first such attempt of the KSPCB, based on your feedback and our own efforts to constantly set newer and higher standards for delivery of services, we intend to revise this charter atleast once every year.
The Vision we have is :................towards a cleaner and greener Karnataka.
Our MissionWe are committed to a Pollution Free Environment for a better quality of life through: Effective implementation of laws; Creating awareness among the public; and Co-operation with our stakeholders.
The Basic Goal we want to help achieve is:Improved quality of life for everyone and a better Karnataka to live in.
The Environmental Outcomes we aim for are:Clean air for every one; Improved and protected inland and coastal waters; and Restored, protected land with healthier soils;
The changes we are work for are:Synergising with the corporate sector for a "greener" business world ; and Sustainable management of natural resources with emphasis on the process of recycle, reuse and restore. Increased interaction with resident associations ,voluntary organisations and academic institutions.
The Karnataka State Pollution Control Board is constituted under the Water [Prevention and Pollution control Act) 1974.The KSPCB enforces the pollution control laws in Karnataka. We play a major role in promoting a better quality of life for everyone. KSPCB is headed by a full-time Chairperson and assisted by a Member Secretary and has a working strength of 300.
The Karnataka State Pollution Control Board functions as per the policy and decision of the Board, constituted as per Section 4 of the Water Act 1974 and is the apex decision making body. The Board meeting will be held at least once in 2 months to take quick decisions.
Our Head Office is the focus for policy making and for providing support to the Regional Offices. We have 27 Regional Offices, spread all over Karnataka to enable us to discharge our duties in close proximity to our stakeholders. We have also established well equipped laboratories for analysis of samples of Water, Wastewater, Air, Stack emissions etc. The Regional Offices are headed by Regional Officer.
We have a wide range of responsibilities derived from various enactments of law touching on almost every aspect of the environment. We aim to deliver integrated environmental management, but our stakeholders often see only a part of our work, relating to a particular function or an environmental issue. Our work covers the following areas:
The following table gives a list of legislations to protect the environment through control of pollution but as is evident we provide services under some of the legislations and work along with other government organizations to achieve the goals.
Any activity that results in discharge of effluents and emissions requires a prior consent from the Board under the Water Act and Air Act. The three major steps involve entrepreneurs approaching us under the applicable Act. We consider their application issue consents/authorisations with conditions. The entrepreneurs shall adhere to the conditions. Non adherence to our consent/authorisation conditions will compel us to initiate legal action.
We constantly update our knowledge in legislation and technology to issue consents and authorisations under various Acts and Rules. Our service includes review of application for consents/authorisations and issue of consents / authorisation with conditions. Our conditions are binding, practicable and is activity specific.
We issue various consents and authorizations to allow people to:
Further details of the procedure and applications for Consents/Authorisation are available in our website http://kspcb.kar.nic.in. All consent/authorisation forms can be downloaded from our website.(Click here Downloads)
The Board has categorized industries into 3 categories on pollution potential
There are 2 types of consents. Consent for establishment (CFE) has to be obtained prior to establishment of an industry, operation or a process. Consent for operation (CFO) has to be obtained prior to commission of an industry and for continuation of discharge of emission and effluents
All stationary activities which are likely to generate wastewater and air pollutants are required to obtain CFE. The process of obtaining CFE which attracts Environmental Impact Assessment (EIA) notification of Government of India is different from the rest of the projects.
The State level Consent Committee consists of representatives from the industries and Commerce Department, Confederation of Indian Industries and Non Government Officials. The Regional Consent Committee's consists of representatives from the District Industries Centre, Deputy commissioner's office, Local Industries Association and a subject expert. Consent Committees will meet atleast once in a week to take decision on consent applications and all consent applications will go before the consent committees.
This Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. We issue consent under this Act for all industries and local bodies, which discharge effluents.
The Water (Prevention and Control of Pollution) Cess Act 1977
This Act provides for the levy and collection of cess on water consuming industries and local authorities. As per this Act we collect the cess to enhance the funds for effective implementation of environmental legislation.
This Act provides for the control and abatement of Air pollution. We issue consents to industries which emits air pollutants
The objective of this Rule is to control generation, collection, treatment, import, storage and handling of hazardous waste. We issue authorizations under this Rule to enable the applicant to know about his responsibilities in the legal framework.
This Rule pertains to the health care institutions to streamline the process of handling of Bio Medical waste such as segregation, disposal, collection and treatment. In Karnataka we are the prescribed authority under this Rule and we issue authorizations to enable the applicant to discharge the responsibilities as per the rules.
These Rules were enforced in India from 2000 and apply to every municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes. According to these Rules the municipal authority or an operator of a facility shall obtain authorization for setting up waste processing and disposal facility from us.
These Rules are being enforced in India from 2001 bestow responsibility on every manufacturer, importer, re-conditioner, assembler, dealer, recycler, auctioneer, consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or components thereof. These Rules explain the responsibilities of manufacturer, importer, assembler, bulk consumer, auctioneer and re-conditioner. According to these Rules stakeholders shall submit returns to us in prescribed format as per the period mentioned in the Rules. We accept the returns and maintain data for the purpose of implementation of this Rule.
The objective of this rule is to regulate the manufacture, sale, distribution and use of virgin and recycled plastic carrybags and recycled plastic containers.
The consent and authorisation applications are available on our website or the applications can be obtained free of cost from any of our offices. For all the applications referred to above if the application and checklist are completed in all respect, application will be cleared within the time specified which indicates working days only. Compensation will be paid at the rate of Rs 50 / per each working day of delay, if the grant of consent is delayed for no valid reason.
We solicit the cooperation of industrial associations in self compliance to pollution control laws and for this assistance, the KSPCB will give an incentive to the industrial association for an amount equal to 10% of the consent fee if at least 95% of the industries registered with the association obtain consent from the Board.
In addition we also encourage industries to adopt ISO 14001 standards for which the Board will give an amount of Rs. 35,000/- as an incentive to Red category Small and Medium scale units adopting ISO 14001 standards.
Regulation covers a range of activities from advising an industry on its operational procedure to reduce waste and pollution,to consent and authorization mechanism and through enforcement and possible prosecution. We aim to discharge our duties:
We regularly inspect and monitor the environment and licence-holders, and we check that the standards we have set are being met.
To ensure compliance to the law we may have to initiate action when the law is violated.
We explain what we are doing and why, before we take enforcement measures as mandated by the statute, we also provide advice and guidance along with the enforcement action.
We enforce environmental laws with the principle of natural justice. The following are the procedures we adopt in for enforcement.
We may choose to file a criminal case against any defaulting industry in the court of law depending on the extent of violation and damage to the natural resources and local environment.
We are monitoring water quality of rivers and lakes at 54 points and ambient air quality at 20 points regularly all over Karnataka. The air quality data for Bangalore city is being displayed on our website .We further resolve to-
Before our stakeholders undertake an activity that may need our consent or authorization, we offer need-based advice. We firmly believe that prevention is better than cure, and getting things right the first time will reduce future regulatory burdens on our users and us.
Our officers will help you if you need assistance in filling up applications and provide advise regarding procedural issues. If you need advise on sector or on technical details of your unit you may contact any of our Senior Officers at the Head Office.
We are keen to support learning about the environment. We believe education is an important part of our role. We work with schools, colleges, and universities, professional institutions, NGOs, Voluntary organizations and other to set up links, carry out joint projects and to explain our activities in the context of our duties. Further, details on the scope of awareness programs and the applications forms can be seen at our website http://kspcb.kar.nic.in (Download Form)
We do not cover all areas of environmental law and services to the public. The table below shows some major issues that we may help out on, but where responsibility lies with another organisation.
Services or Issues for which we are not responsible for:
If you contact us for any reason, or you are affected by anything we do, you are one of our stakeholders. We deal with Government, individual members of the public, community groups, and industry and business of all sizes. Our standards are high and we will work on improving those we do not achieve.
General services and standards
We are committed to treating everyone fairly, and to maintain high standards of work.
When to complain
If we fail to meet our standards, Please let us know we serve you within the legal framework and limited staff. Hence your feed back is very valuable to us to correct ourselves and serve you better.
How to complain
If you are not happy with our service, this is how you can make a complaint:
Every time a pollution incident or accidents takes place it is citizens who observe the incident first. Please let us know immediately by telephoning or fax the details to the nearest Regional Office. The time of our officers is valuable, we request you to furnish complete details. This will enable our officers to attend the matter at earliest. You could also contact our helpline number 080-25589111.
To facilitate the stakeholders, approaching KSPCB for various consents and authorizations pertaining to the Regional Offices at Bangalore , we propose to commission a HELPDESK from June 2004 at the 7th Floor, Public Utility Building . There will be two counters of the Helpdesk, each headed by an Assistant Environmental Officer (AEO), who will receive applications for consents and authorizations, scrutinize and acknowledge the receipt of such applications along with the details of DD enclosed and indicate the date on which the applicant can collect the consent across the same counter or as per the choice of the applicant, the consent will be posted to the mailing address furnished by the applicant. The HELPDESK will receive the applications by post too. The applications can be posted to "Helpdesk, Karnataka State Pollution Control Board, 7th Floor, Public Utility Building , M.G.Road, Bangalore-560001" Acknowledgement in case of applications received by post will be sent by post. Applicants should enclose a self addressed envelope for this purpose.
The HELPDESK functions on all working days from 10.00am to 5.00pm with a lunch break from 1.30 to 2.00pm.The main purpose of setting up the Helpdesk is to facilitate immediate scrutiny of the applications so that shortcomings if any as per the checklist can be intimated immediately thereby reducing the time taken for scrutiny enormously. Consequently applications can be processed well withinthe time limit we have resolved and the date on which the consent order/authorisation can be collected is indicated at the time of filing in the application.Based on the feedback and response we will have helpdesks in atleast 10 districts by Dec2004.
Appeals against our decisions
We aim to provide transparent decisions to uphold the law. If we have refused your application for consent or authorisation or imposed conditions, which you may feel not as per statute you may contact the concerned Appellate Authority the details are as follows:
If you are not sure about your appeal rights, you should contact our local office as soon as you receive our decision.
Article -21 of the Constitution:
Right to live is a fundamental right under this Article and it includes the right of enjoyment of pollution free water and air for full enjoyment of life.
Article 51-A (g) of the constitution
It is the fundamental duty of every citizen of India to protect and improve the natural environment, including forest, lakes, rivers and wild life, and to have compassion for living creatures.
Citizen Suit provision in Pollution Control Laws
Section 49 of Water Act and Section 43 of Air Act
A person has a right to lodge a complaint to a court on pollution offence, provided he/she has given a notice of not less than sixty days to the Board on the alleged offence and of his intention to lodge a complaint in the prescribed manner.
The Board shall, on demand by such person, make available the relevant reports in its possession and it may refuse to make any such report available if the same is, in its opinion, against the public interest.
Right To Information Act
As per the Right to Information Act, the citizens can approach the KSPCB for information required. For further details our website: http://kspcb.kar.nic.in may be seen.