Background
This office order derives its authority from the Hon’ble National Green Tribunal’s orders dated 26.08.2019 in Original Application No. 804/2017, concerning the matter of Rajiv Narayan & Another Vs. Union of India & Others. The NGT has issued specific directives to the Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCBs), and Pollution Control Committees (PCCs) regarding mandatory verification of display boards during industrial inspection activities.
Supreme Court Precedent on Environmental Disclosure
The directive is further reinforced by the Hon’ble Supreme Court’s order in Writ Petition (C) No. 657/1995, Research Foundation for Science, Technology and Natural Resource Policy vs. Union of India & Others. This landmark case established the principle that industries dealing with hazardous chemicals and generating hazardous waste must maintain complete transparency regarding their environmental impact.
The Supreme Court mandated that SPCBs and PCCs must ensure that all industrial facilities involved in hazardous operations display comprehensive online data outside their main factory gates. This information must include:
Furthermore, the Court ruled that facilities failing to make such data available must be issued show cause notices and, in cases of persistent non-compliance, may face closure orders.
Mandatory Compliance Requirements
Display Board Verification Protocol
Core Principle: The verification and validation of display boards must constitute an integral and non-negotiable component of all industrial inspections conducted by CPCB, SPCBs, and PCCs.
Inspection Standards: Under no circumstances should inspections be concluded without thorough verification of display board compliance. This represents a mandatory checkpoint in the inspection protocol.
Non-Compliance Consequences: When officers identify instances of non-compliance with display board requirements, the concerned officer must initiate immediate departmental actions against the defaulting industrial unit.
Information Display Standards
Industrial facilities must display the following environmental information on boards positioned outside the main factory gate, ensuring public accessibility and transparency:
Water Emissions: Complete disclosure of water discharge parameters, treatment methods, and compliance with prescribed standards.
Air Emissions: Real-time or regularly updated data on air pollutant emissions, including particulate matter, gaseous pollutants, and other relevant parameters.
Waste Generation: Comprehensive information on solid waste and hazardous waste generated, including quantities, categories, storage methods, and disposal practices.
Chemical Usage: Details of hazardous chemicals being used in manufacturing or processing operations within the facility.
A reference sample display board format is provided in Annexure-I of this order, serving as a template for standardization across industries.
Implementation Framework
Responsibility Assignment
All CPCB officials engaged in industrial inspection activities bear direct responsibility for implementing this directive. This includes:
Reporting Mechanism
Monthly Compliance Reports: Officers must submit compliance status reports and action taken reports to the Waste Management-II Division on a monthly basis.
Reporting Schedule: Monthly reports covering inspection activities must be submitted beginning with the January-February-March 2020 quarter.
Report Format: All reports must be submitted using the prescribed Format-I, enclosed with this order, ensuring uniformity and completeness of information.
Report Contents: Each report must include:
Enforcement and Accountability
Immediate Action Protocol
The phrase “without exception” and “(Immediate)” in the NGT directive underscores the urgency and mandatory nature of this compliance requirement. Officers must:
Ensure follow-up inspections to verify corrective actions
Departmental Actions for Non-Compliance
When industries fail to comply with display board requirements, concerned officers must:
Officer Accountability
Officers failing to comply with this directive or neglecting to verify display boards during inspections may themselves face departmental proceedings for dereliction of duty, as this represents a direct violation of NGT and Supreme Court orders.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.