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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.
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| The Vision we have is : |
| ................towards a cleaner and greener Karnataka. |
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Our Mission
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We are committed to a Pollution Free Environment for a better quality of life through:
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Effective implementation of laws;
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Creating awareness among the public; and
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Co-operation with our stakeholders.
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| The Basic Goal we want to help achieve is: |
Improved quality of life for everyone and a better Karnataka to live in. |
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| The Environmental Outcomes we aim for are: |
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| 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.
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| Who We Are and What We Do |
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.
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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.
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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. |
| Our work |
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:
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- Enforcing laws to control pollution
- Collection of cess from stakeholders as per the provisions of law
- Defining and monitoring standards
- Responding to pollution incidents
- Awareness creation; and
- Advisor to stakeholders.
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| Further details on the extent of our work can be found on the Karnataka State Pollution Control Board, website http://kspcb.kar.nic.in |
| Legislations enforced by us |
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.
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Legislation |
Implementing Institutions |
| 1 |
The Environment (Protection) Act 1986 |
MoEF, CPCB, KSPCB, GPD |
| 1a |
Hazardous waste (Management and Handling) Rules 1989 |
KSPCB, CPCB, DoE, MoEF |
| 1b |
The Manufacture, Storage and Import of Hazardous Chemical Rules 1989 |
MoEF, CCIE, CPCB, IoF, CioDS, CioM, AERB, CCE , DC , DEA, DES, DRDO, DDRO, MoD |
| 1c |
The Manufacture, Use, Import, Export and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules 1989 |
RDAC, RCGM, IBSC, GEAC, SBCC, DLC |
| 1d |
The Chemical Accidents (Emergency Planning, Preparedness, and Response) Rule 1996 |
CCG, SCG, DCG, LCG |
| 1e |
Biomedical Waste (Management and Handling) Rules 1998 |
KSPCB |
| 1f |
The Municipal Solid wastes (Management & Handling) Rules 2000 |
KSPCB, CPCB , DC , Local body |
| 1g |
Recycled Plastic Manufacture and Usage Rules 1999 |
KSPCB, CPCB , DC |
| 1h |
Ozone Depleting Substances (Regulation and Control) Rules 2000 |
AODSR |
| 1i |
The Noise Pollution (Regulation and Control) Rules 2000 |
KSPCB, Police Department |
| 1j |
Batteries (management and Handling) Rules 2001 |
KSPCB, CPCB, MoEF |
| 2 |
The Public Liability Insurance Act 1991 |
DC |
| 3 |
National Environnemental Tribunal Act 1995 |
NET |
| 4 |
The National Environment Appellate Authority Act 1997 |
NEAA |
| 5 |
The Water (Prevention and Control of Pollution) Act 1974 |
KSPCB, CPCB |
| 6 |
The Water (Prevention and
Control of Pollution) Cess Act 1977 |
KSPCB, CPCB |
| 7 |
Factories Act 1948 |
IoF |
| 8 |
Air (Prevention and Control of Pollution) Act 1981 |
KSPCB, CPCB |
| 9 |
Indian Penal Code 1962 |
Police Department |
| 10 |
Atomic Energy Act 1962 |
AERB |
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| Key Words |
| AERB: |
Atomic Energy Regulatory Board |
| AODSR: |
Authority specified under Ozone Depleting Substances (Regulation and Control) Rules 2000 |
| CCE: |
Chief Controller of Explosives |
| CCIE: |
Chef Controller of Imports and Exports |
| CIoDS: |
Chief Inspector of Dock Safety |
| CIoM: |
Chief Inspector of Mines |
| CPCB: |
Central Pollution Control Board |
| DoE: |
Department dealing with subject of Environment in State |
| DC: |
Deputy Commissioner of a district |
| DEA: |
District Emergency Authority |
| DES: |
Director of Explosives (Safety) |
| DRDO: |
Defense Research and Development Organization |
| DDRD: |
Department of Defense, Research and Development |
| DLC: |
District Level Committee |
| GPD: |
Ganga Project Directorate |
| IoF: |
Inspectorate of Factories |
| KSPCB: |
Karnataka State Pollution Control Board |
| MoEF: |
Ministry of Environment and Forest |
| MoD: |
Ministry of Defense |
| NEAA: |
National Environment Appellate Authority |
| NET: |
National Environnemental Tribunal |
| OAATS: |
Officers /Agencies Authorised To Take Samples Under EPAIndia |
| PA: |
Prescribed Authority |
| SBCC: |
State Biotechnology Co-ordination Committee |
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| Consents and authorizations |
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:
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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) |
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The Board has categorized industries into 3 categories on pollution potential
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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 |
| Consent for Establishment (CFE). |
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.
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| Consent For Operation (CFO). |
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. |
| Periodicity of consent renewal/authorisation |
| Consent/authorisation |
Category of units |
Validity period |
| CFE |
Red -EIA category |
5 years from the date of issue |
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Red –Non EIA category |
3 years from the date of issue |
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Orange , Green |
2 years from the date of issue |
| CFO |
Red - Large, Medium |
Once in Two years |
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Orange - Large |
Once in Two years |
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Orange –Medium |
Once in Two years with an option for annual renewal |
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Red ,Orange- Small |
Once in three years with an option for annual renewal |
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Green –Large , Medium, Small |
If the Capital investment is less than Rs. 100 lakhs - 10 year valid consent is issued by collecting one year consent fee
If the Capital investment is more than Rs. 100 lakhs - 10 year valid consent is issued by collecting five year consent fee
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| Authorisation under BMW Rules |
All category |
Three years |
| Authorisation under HMW Rules |
All category |
Five years |
| Registration under Plastic Rules |
All category |
Three years |
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| Standards of service for enforcement of various legislations |
The KSPCB resolves to adhere to the following time and standards of service.
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| The Water (Prevention and Control of Pollution) Act 1974 |
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.
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| Our Service |
Our Standard |
| Responding to an application submitted by the stakeholders under this Act. |
Application Form |
Purpose
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If the application and checklist are completed in all respect,We resolve to Issue/Refusal within |
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Form -XIII |
CFE for Red category under Water Act- EIA projects |
120 days |
CFE for Red category under Water Act- non EIA projects with
investment more than Rs. 5 crores... |
60 days |
| investment less than Rs. 5 crores... |
45 days |
| CFO for Red category under Water Act with |
0 |
| investment more than 5 crores …. |
60 days |
| investment less than Rs. 5 crores …. |
45 days |
| Orange and Green category ………. |
21 days |
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Form - OG |
CFE for Orange & Green Category |
21 days |
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Form -XIII |
CFO for Orange & Green Category |
21 days |
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| 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.
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| Our Service |
Our Standard |
We scrutinise the returns submitted under this Act and issue assessment Order to enable stakeholders to pay the Cess. |
The assessment order will be issued as follows:
Cess amount/month
– frequency of issue of assessment order.
Rs.500 or more - 30 days
Rs.250-500 - 90 days
Rs.100-250 - 180 days
Rs.100 or less - 365 days
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| The Air (Prevention and Control of Pollution) Act 1981 |
This Act provides for the control and abatement of Air pollution. We issue consents to industries which emits air pollutants |
Our Service |
Our Standard |
Responding to an application submitted by the stakeholders under this Act. |
Application Form |
Purpose
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If the application and checklist are completed in all respect,We resolve to Issue/Refusal within |
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Form -I |
CFE for Red category under Air Act- EIA projects |
120 days |
CFE for Red category under Air Act- non EIA projects with
investment more than Rs. 5 crores... |
60 days |
| investment less than Rs. 5 crores... |
45 days |
| CFO for Red category under Air Act with |
99 |
| investment more than 5 crores …. |
60 days |
| investment less than Rs. 5 crores …. |
45 days |
| Orange and Green category ………. |
21 days |
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Form - OG |
CFE for Orange & Green Category |
21 days |
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Form -I |
CFO for Orange & Green Category |
21 days |
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| Hazardous Waste (Management and Handling) Rules 1989 |
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.
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| Our Service |
Our standard |
Responding to an application for authorization to handle or to establish or operate facility, which is likely to generate, collect, treat, import, store and handle hazardous waste. |
Application Form |
Purpose |
If the application and checklist are completed in all respect,We resolve to Issue/Refusal within |
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Form – I |
Authorization under HWM Rules |
90 days |
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| Biomedical Waste (Management and Handling) Rules 1998 |
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.
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| Our Service |
Our standard |
Responding to an application for authorization to handle or to establish or operate facility, which is likely to generate, collect, treat, import, store and handle hazardous waste. |
Application |
Purpose |
If the application and checklist are completed in all respect,We resolve to Issue/Refusal within |
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Form – I |
Authorization under BMW Rules for :
HCEs with less than 200 beds & veternery inst., blood banks, pathological lab, cliniks, diagnosis centers, animal houses…..... |
21 days |
HCEs more than 200 beds & common waste facilities ….. |
60 days |
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| The Municipal Solid Wastes (Management & Handling) Rules 2000 |
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.
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| Our Service |
Our Standard |
| Responding to an application submitted by the stakeholders under this Rule. |
We will issue/refuse an authorisation within 45 days of receiving a filled-in application and supporting information. |
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| Batteries (Management and Handling) Rules 2001 |
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.
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| Our Service |
Our Standard |
Accepting returns submitted by the stakeholders under this Rule. |
We will accept the returns immediately and contact within 7 days if any additional information is required as per the provisions of Rules. |
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| Plastics Manufacture Sale and Usage Rules 1999. |
The objective of this rule is to regulate the manufacture, sale, distribution and use of virgin and recycled plastic carrybags and recycled plastic containers.
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| Our Service |
Our standard |
Responding to an application submitted by the stakeholders under this Rule. |
Application |
Purpose |
If the application and checklist are completed in all respect, We resolve to Issue/Refusal within |
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Form – I |
Registration of unit for manufacture of plastic carrybags and containers |
30 days |
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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. |
| Incentives |
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.
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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.
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| Regulation. |
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:
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- Consistently;
- With transparency and
- Accountability.
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We regularly inspect and monitor the environment and licence-holders, and we check that the standards we have set are being met.
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| Enforcement |
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.
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| Procedure for enforcement |
We enforce environmental laws with the principle of natural justice. The following are the procedures we adopt in for enforcement.
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Inspection of Industry as per random inspection list generated by the computer at the KSPCB Head Office or in reaction to complaint (complaint received will be duly entered into complaint register); or at the time of consent renewal
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Bringing the attention of the defaulters to non-compliance to law with time frame to initiate corrective measures
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Issuing a ‘show cause notice’ to furnish explanation why action should not be initiated
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Issuing ‘notice of proposed direction’ like disconnecting power supply to an industry or water supply or any other essential services
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Conducting ‘Personal Hearing’ for non complying industries about violations, with complainants if any
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Issuing ‘prohibitory orders’ to prohibit some of the activity like discharging wastewater outside their premises
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Issuing ‘closure order
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Issuing ‘seizure order; and
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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.
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| Monitoring. |
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-
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display the data on air quality and water quality monitored by our Regional Officers in the respective Regional Offices on a daily basis from the july 2004.
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the data for all the air and water quality monitoring points will be displayed and updated on our website within the next three months
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carry out an analysis of the air quality and water quality data available with the KSPCB of the past 10 years and recommending suitable policy decisions within the next 6 months by December 2004.
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increase the water and air quality monitoring points by atleast 10 new monitoring points by the end of this year, by December 2004.
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strengthening the air monitoring system through addition of online ambient air quality stations for 24 hours monitoring of air quality stations at Bangalore and one each at Karwar and Mangalore by November 2004. The air quality data will have on the spot display facilities.
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| Advice |
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.
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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.
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| Information and awareness |
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
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| What we are not responsible for |
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.
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| Services or Issues for which we are not responsible for: |
| Service or Issue |
Concerned Agency |
| Government policy and legislation affecting the environment |
Ministry of Environment and forest, Government of India
Department of Environment and Ecology, Government of Karnataka |
| Flooding from drains, sewers, streams or ditches |
Local Body |
Litter (except when related to illegal waste dumping, although local body may still have the main responsibility) |
| Dog nuisance |
| Pest control |
| Road instructions |
| Collecting waste |
| Environmental health and food hygiene |
| Vehicular Pollution |
Department of Transport |
| Contaminated land |
Sometimes we will have the lead role. We will guide to concerned agencies/organisations on a case to case basis |
| Quality or supply of drinking water |
Local body |
| Conservation of forest, afforestation |
Forest Department |
| National parks |
The appropriate national park authority |
Nuisance due to Noise, smoke, smell problems (except when they relate to a site we regulate, although local body may still have the main responsibility) |
Police department and Local Body |
| Illegal quarrying of minerals |
Department of Mines and Geology |
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| Our Standards of Service |
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.
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| General services and standards |
| We are committed to treating everyone fairly, and to maintain high standards of work. |
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Our office working hours are from 10.00am to 5.30pm . Please contact the nearest office for any information that you may require.
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We will be polite and sensitive while dealing with your queries; and
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Our staff will wear identity cards and give their names on phone and in all our correspondence.
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| Grievance Redressal |
| Our Service |
Our Standard |
| Responding to general enquiries and requests for information |
A written response within 7 working days of receiving your letter or e-mail, including the information you need. |
Responding to complaints- We have introduced an IVRS for lodging complaints and for giving quick response to the public. In case you need to lodge a complaint from any part of Karnataka you may contact the helpline at 080-25589111. |
An immediate response wherever possible. A written response within 10 working days of receiving your complaint. |
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| 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.
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| How to complain |
If you are not happy with our service, this is how you can make a complaint. |
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Contact our local office.
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We aim to sort out your problem immediately. If this is not possible, we will investigate your complaint and send a written reply within ten working days.
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If the complaint cannot be resolved within 10 working days, that is if a provision of the Water Act/Air Act or any of the legislations has to be invoked then ,we will send you a letter giving the reason for the delay, information on who is dealing with your complaint and keep you updated.
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If you are not satisfied with the response you receive, you should contact our Head Office. We do prefer to provide solutions to your complaints at our local body itself whenever possible.
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| Pollution Incidents |
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.
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| 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:
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| Type of action/Act |
Appellate authority |
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Appellate authority
6th Floor, Public Utility Building
M.G. Road
Bangalore- 560 001 |
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Hon’ble High Court of Karnataka,
Bangalore |
| Refusal of authorization under HWM Rules |
Secretary to Government,
Department of Ecology and Environment,
7th Floor, M.S.Building, Bangalore-01. |
| Discrepancies in Cess assessment under Water Cess Act |
Chairman,
Karnataka State Pollution Control Board
Parisara Bhavan
49, Church Street
Bangalore-560 001 |
| Refusal of authorization under BWM Rules |
Principal Secretary
Department of Forest, Ecology and Environment
4th Floor, Multi Storied building
Bangalore -1 |
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| If you are not sure about your appeal rights, you should contact our local office as soon as you receive our decision. |
| Contact Addresses of our Offices. Click here |
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| Citizen's Rights and Duties |
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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. |
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| 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.
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| 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. |
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| 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. |
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