Non-compliance or Contravention of Provisions of the Commission for Air Quality Management Act, 2021, and Directions Issued by the Commission

Type of Document: Notification

Notification Date: 02-01-2025

Relevant Act(s)/Rule(s): Air Quality Management in National Capital Region and Adjoining Areas Act, 2021

Relevant Section(s)/Rule(s): Section 12(1), Section 14(2)

Circular No.: F. No. A-110018/01/2021/CAQM 1193 DT

Direction No. 86, issued by the Commission for Air Quality Management, addresses significant concerns related to non-compliance with the provisions of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, and its associated directions.

The direction focuses on addressing major contributors to air pollution, particularly dust generated from construction and demolition activities, which significantly elevate the PM2.5/PM10 levels in the region. It identifies that dust from these activities is a persistent and substantial source of pollution, severely impacting air quality, especially in the winter months.

Key points from the direction include:

Issuance of Direction for Compliance: The Commission invokes its powers under Section 12(1) of the Act to issue binding directions to authorities responsible for ensuring the implementation of air quality measures. The directions are aimed at tackling dust pollution from construction and demolition activities and include the requirement for various agencies, including municipal corporations and urban local bodies, to enforce dust control measures effectively.

Dust Control Measures: The direction highlights several measures that should be implemented at construction and demolition sites to mitigate dust pollution. These measures include:

    1. Installing wind barriers along project boundaries to reduce dust dispersion.
    2. Using dust screens to cover the areas under construction.
    3. Regular use of water sprinklers, water mist, and dust suppressants.
    4. Proper covering of construction materials and debris to prevent dust emissions.
    5. Ensuring that construction materials and debris are transported using covered vehicles to prevent dust from being carried out.

Penalties and Prosecution for Non-Compliance: The direction emphasizes that non-compliance with the statutory guidelines and dust control measures can result in severe penalties. The Commission has authorized municipal bodies and urban local bodies in the NCR region to take action against offenders, including filing complaints and initiating prosecution before the jurisdictional judicial magistrates in cases of gross violations.

Role of Local Authorities: Local authorities, such as municipal corporations and urban local bodies, are designated as key agencies responsible for monitoring compliance with the dust mitigation measures. These bodies are urged to conduct regular inspections, ensure proper reporting, and take corrective actions as necessary.

Environmental Compensation and Closure of Sites: The Commission has given the authorized authorities the power to close construction sites that fail to adhere to the required dust control measures and impose environmental compensation charges for non-compliance.

Monitoring and Reporting: Regular progress reports are required to be submitted to the Commission by the responsible agencies. The status of complaints and violations should be monitored monthly, and the Commission will evaluate the progress of enforcement actions.

The direction serves as an urgent reminder of the importance of adhering to pollution control regulations in construction activities, emphasizing the protection of public health and the environment in the NCR region, which has been grappling with deteriorating air quality due to various sources of pollution, including construction and demolition activities.

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