S.O.861 (E) dated 25/02/2022-Amendment in EIA Notification, 2006

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AT, A HY T AT FATAT F AT FATAT AT TT9T T AT A€ AT T i e ¥ form aferga 1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, 25th February, 2022 S.0. 861(E).—The following draft of the notification, which the Central Government proposes to issue in exercise of the powers conferred by sub-section (1), read with clause (v) and clause (xiv) of sub-section (2) and sub- section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the Public; Any person interested in making any objections or suggestions on the proposals contained in the draft notification may forward the same in writing, for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-110 003, or send it to the e-mail address of the Ministry at: - [email protected] or Draft Notification ‘WHEREAS, Ministry had constituted an Expert Committee vide Office Order No. 19-04/2021-IA.III dated 29.01.2021 to examine and recommend regulations for building construction and township projects; AND WHEREAS, the said Expert Committee inter-alia examined the existing local bye-laws of states along with existing regulatory regime for granting Environment Clearance and submitted a report on the proposed regulation for environment protection. AND WHEREAS, for the purposes of effective environment protection and management, it is considered necessary to put in place Standardized, Outcome based & quantifiable environmental regulations so as to bring in transparency in approach & encourage ease of doing business; AND WHEREAS, it is also considered necessary to expand the monitoring mechanism through third party audits, encouraging green certifications and leveraging on the presence of regulatory agencies at different levels of governance while retaining the overall superintendence of regulatory framework with the Central Government; NOW, THEREFORE, in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 & sub-section (3) of Section (3) of the Environment (Protection) Act, 1986 (29 of 1986), read with clause (d) of sub- rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies the following regulations for building construction projects: - 1. Short title and commencement:- i These regulations may be called as Building Construction Environment Management Regulations, 2022 ii. The regulations shall come into force on the date of their publication in the Official Gazette. 2. Definitions: - In this notification, unless the context otherwise requires, the terms are defined as follows: 1. Black Water — Grey water, mixed with faecal and urinal contamination. S w Building - A structure constructed with any material whatsoever for the purpose of being used for human habitation, professional use etc. except industrial building and hazardous building. Grey Water — Waste water generated in households or office buildings from streams without faecal and urinal contamination. Hazardous Building- Includes a building or part thereof used for; Storage, handling, manufacture of processing of radioactive substances or highly combustible or explosive materials or of products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations. Storage, handling, manufacture or processing of which involves highly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame, fumes and explosive mixtures etc. or which result in division of matter into fine particles capable of spontaneous ignition. Industrial Building- Includes a building or part thereof wherein products or material are fabricated, assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills, dairies and factories etc. Project Authority — An entity, by whatever name called, responsible for construction, management, maintenance of the project including the Resident Welfare Association to whom the project has been entrusted for maintenance & upkeep during operational phase. Rainfall Run-off Volume: As defined in Indian Green Building Council (IGBC) Green Homes Rating System - Version 3.0, 2019. Tertiary Treatment- Waste water treatment process used to disinfect water that has already been treated by primary and/or secondary processes for removing harmful material so as to produce high quality, usable water. ‘Waste Water — Used water from any combination of domestic, commercial, industrial or agricultural activities, surface runoff or storm water & any sewer inflow or sewer infiltration & includes grey water & black water. . Applicability of the Regulation (1) The Regulation shall be applicable for projects involving construction of buildings, having built up area > (2) These Regulations shall be applicable to new building projects and expansion/renovation/repair of old /existing buildings. (3) These Regulations do not substitute approvals/consent/permissions etc., required to be obtained under any other Act/Rule/regulation/bye-laws/notification etc. The Project Authority shall continue to be under obligation to obtain approvals/clearances under any other Acts/ Regulations or Statutes of the Central or State Govt. or their designated agencies/Development Authority/Local Bodies as applicable to the project including in respect of site location for parameters such as low lying area, natural drainage, and for environment sensitivity ie. proximity/within Eco Sensitive Area, Zonal Master Plan/Wildlife Sanctuary/National Park, Coastal Regulation Zone areas, Biosphere Reserves and Critically Polluted Area, hill areas, disaster prone areas. (4) In case of any inconsistency with any other regulations, byelaws, etc., the provisions that are more stringent shall apply. 4. Leveraging on existing or common infrastructure: (1) Subject to the project authority remaining accountable for compliance of regulations, stipulated in respective cases, the projects are permitted to leverage on the existing or common infrastructure available for select purposes. However, if for whatsoever reasons, attributable to the said project authority or otherwise, the said arrangement fails or results in breach of any of the regulations notified herein, the project authority shall be considered liable for breach of the regulations. Sewage Treatment Plant: The project authority may enter into contractual agreement so as to avail services of common STP for treatment of waste water, provided that such arrangement should ensure putting in place recycling system of treated wastewater back to respective buildings for reuse along with necessary infrastructure of sewerage network (trunk sewer, pumping station etc.) for transporting waste water to STP. Proper metering system for quantification of untreated and treated wastewater should be ensured for such facilities. ii. Solid Waste Management: Subject to the applicability of the Solid Waste Management Rules, 2016 and subsequent amendments thereafter, the project authority may hand over the segregated solid waste to concerned local body if the municipality has garbage pick-up mechanism in place. If such arrangement is inadequate or unavailable, the project authority shall engage professional waste management organisation to pick up the segregated solid waste. Ll Environmental Regulations for Building Construction: (1)The project authority shall ensure that the following Environmental regulations are complied with during construction and operational phases of the project: A, Topography & Natural Drainage 1. Natural drainage system at site should be maintained for ensuring unrestricted flow of water. 2 No construction is allowed on wetland and water bodies. 3. Drainage in and around site should be managed as per the CPHEEO Manual on Storm Water Drainage Systems, 2019. 4. Soil erosion control measures should be taken before, during and after construction and conform to best management practices highlighted in the National Building Code (NBC) of India, 2016 B. Adoption of Water Conservation methods by employing Rain Water Harvesting/Ground Water Recharge 5. No ground water shall be used during construction phase of the project except with prior approval of the Central Ground Water Authority. 6. In areas where ground water recharge is not feasible, rain water should be harvested and stored for reuse as per local bye-laws provisions on rainwater harvesting. If local bye-law provisions are not available, provision for storage and recharge should be followed as per the Ministry of Housing and Urban Development Model Building Bye-laws, 2016. 7. Roof top and non-roof rain water harvesting plan shall be designed & implemented to capture at least ‘one- day rainfall runoff volume’ from roof and non-roof areas in a manner that prevents possible contamination of ground water. One-day rainfall can be derived from ‘percentage of average peak month rainfall’ as given in table below: Table 1 - Criteria to arrive at ‘One-day Rainfall® ISL No. |Average Peak month One day Rainfall ( % of average peak nonth rainfall ) 1. [Up to 250 9% 5. 701 & above 3% (Reference: IGBC Green Homes Rating System - Version 3.0, 2019) Note: To estimate the average peak month rainfall, consider the average of at least last 5 years peak month rainfall of the project location. 8. The storage capacity of rainwater harvested should be a minimum of one day of total fresh water requirement. 9. Minimum 20% of the open spaces shall be pervious. Use of grass pavers, paver blocks with at least 50% opening would also be considered as pervious surface. C. Management of sewage/waste water, Reuse and recycle of treated wastewater by dual plumbing system 10. Dual Plumbing System shall be implemented - one for supplying fresh water for drinking, cooking and bathing etc. and another for supply of treated water for flushing. 11. Only treated water shall be used for flushing. 12. In no case, sewage or untreated waste water generated within the project area shall be discharged through storm water drains or otherwise into water bodies nor discharged/injected into the ground water by any mode. 13. Subject to Clause (3) of this notification, the project authority may opt or avail to common off-site treatment facility, as feasible, for treatment with reuse & recycle of corresponding quantity of treated water through the dual plumbing system for flushing and other non-potable use. A. For projects with built up area of 5,000 sq.mtrs. to 20,000 sq.mtrs. — i In areas where there is no municipal sewage network, a. Either Onsite Sewage Treatment Systems with capacity to treat 100% waste water may be installed with appropriate tertiary treatment system with disinfection for black & grey water. Such treated water should be used with dual plumbing system for flushing and other non-potable use; OR b. In case of usage of septic tank, only black water shall be discharged in the septic tank. Grey water may be treated through natural treatment systems or other secondary treatment as feasible. Such treated water should be used with dual plumbing system for flushing and other non-potable use, The excess treated water should conform to the general discharge norms of CPCB/MoEF&CC. ii. In areas where there is municipal sewage network, a. Either Onsite Sewage Treatment Systems with capacity to treat 100% waste water may be installed with appropriate tertiary treatment system with disinfection for black & grey water. Such treated water should be used with dual plumbing system for flushing and other non-potable use; OR b. The project authority may opt to discharge only black water in such municipal sewage network subject to availability of trunk sewer line. For this purpose, two separate pipeline network— one for black water discharge and other for collection of grey water shall be installed. Grey water may be treated through natural treatment systems or other secondary treatment as feasible. Such treated water should be used with dual plumbing system for flushing and other non-potable use; B. For projects involving built-up area of 20,000 sq. mts. or more — 14. Subject to Clause (3) of this notification, Onsite Sewage Treatment Plant with capacity to treat 100% waste water generated within the project area through tertiary treatment shall be installed. Treated waste water shall be reused on site for landscape, flushing, HVAC, fire-fighting, and other end-uses. 15. The adequacy of the Sewage Treatment Plant (STP) shall be certified by an independent expert and a report in this regard shall be submitted to the authorized agency. 16. Discharge of excess treated wastewater outside the premises, after treatment in STP, should meet the discharge standards as notified by CPCB/MoEF&CC from time to time. 17. Wastewater and treated water quantification system through metering/sub-metering shall be installed. 18. Sludge from the onsite sewage treatment shall be collected, conveyed and disposed as per the Central Public Health and Environmental Engineering Organization (CPHEEO) Manual, Ministry of Housing and Urban Affair, on Sewerage and Sewage Treatment Systems. 19. Where Common Sewage Treatment Plan facility has been availed, it shall be ensured that treated waste water is recycled back to respective building for reuse. D. Solid Waste Management 20. Subject to Clause (3) of this notification, onsite solid waste management facility should be developed and a formal contractual arrangement shall be ensured with authorized recyclers/concerned municipal agency for disposal of all non-biodegradable waste. 21. Subject to Clause (3) of this notification, where there is no alternate arrangement for disposal of bio- degradable waste, Organic waste composter/Vermiculture pit with a minimum capacity of 1.0 kg/150 sqm. of built-up area/day shall be installed & operated. 22. A minimum of 1 tree for every 80 sqm. of land should be planted and maintained so as to ensure at least 10% of plot area under tree cover. The existing trees will be counted for this purpose. 23. Topsoil should be stripped only upto a maximum depth of 20 cm from the areas proposed for buildings, roads, paved areas, and external services. It should be stockpiled appropriately in designated areas and reapplied during plantation of the proposed vegetation on site. F. Management of Dust/Air and Noise Pollution during Construction phase Dust, smoke & other air pollution prevention measures shall be provided for the building as well as the site. These measures shall include screens for the building under construction, continuous dust/wind breaking walls all around the site (at least 3-meter height). . Plastic/tarpaulin sheet covers shall be provided for vehicles bringing in sand, cement, murram and other construction materials prone to causing dust pollution at the site as well as taking out debris from the site. . Wheel washing for the vehicles should be done. (For projects with built up area of more than 20,000 Sand, murram, loose soil, cement, stored on site shall be covered adequately so as to prevent dust pollution. . Wet jet shall be provided for grinding and stone cutting. Unpaved surfaces and loose soil shall be adequately sprinkled with water to suppress dust. . All construction and demolition debris shall be stored at the site (and not dumped on the roads or open spaces outside) before they are properly disposed. Noise monitoring shall be carried as per the prescribed guidelines to assess incremental pollution loads. Adequate measures shall be made to reduce noise level during construction and operation phase to conform to the stipulated standards by CPCB/SPCB. G. Power Supply &Use of DG Sets The project authority shall obtain Regular power supply from DISCOMS from the construction phase itself; 2. Operational Phase — Use of DG set shall not be permitted except for emergency use. Normal power demand must be met through power supply from DISCOM. . Backup power — DG set may be used for backup power supply only for period of outage, provided regular power connection of requisite load has been obtained from DISCOM. The DG sets location, exhaust pipe height shall be as per the provisions of the CPCB norms and emissions should meet prescribed standards. H. Issuance of Occupancy or Possession Certificate or Handing over possession — The Local Authority shall not issue Completion Certificate or Occupancy Certificate or any other document that allows possession to the owners of constituent units unless the project authority has complied with the following regulations: Rain water Harvesting (Regulation 5-9 of this notification). Treatment, Recycle & Reuse of Waste Water: (Regulation 10-19 of this notification). Sewage Treatment (Regulation 20-21 of this notification). Plantation & Green Cover (Regulation 22 of this notification). Power supply & use of DG sets (Regulation 30-33 of this notification). The concerned authority shall neither issue any Possession Certificate or Occupancy Certificate or any other document that signifies handing over possession of premise or any unit part thereof for its use nor shall hand over possession of such premise, unless the following regulations have been complied & are operational — Rain water Harvesting (Regulation 5-9 of this notification). Treatment, Recycle & Reuse of Waste Water: (Regulation 10-19 of this notification). Sewage Treatment (Regulation 20-21 of this notification). Plantation & Green Cover (Regulation 22 of this notification). Power supply & use of DG sets (Regulation 30-33 of this notification). I Project Environment Management Cell within Project authority. (For projects with built-up area above 20,000 sq.mts.) 37. A Project Environment Management Cell with defined functions and responsibility shall be put in place by the project authority to ensure compliance of these regulations during construction & operation phase. The environment management cell shall also keep the record of environment monitoring and those related to the environment infrastructure. The following regulations, as amended from time to time, shall apply: (1) The Solid Waste Management Rules, 2016 and subsequent amendments thereafter. (2) The Plastics Waste Management Rules, 2016, and subsequent amendments thereafter. (3) Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 and subsequent amendments thereafter. (4) Bio-Medical Waste Management Rules, 2016 and subsequent amendments thereafter. (5) Noise Pollution (Regulation and Control) Rules, 2000 and subsequent amendment thereafter. (6) The Construction & Demolition Rules, 2016 & Dust Mitigation Measures for Construction and Demolition Activities [Notification No. GSR 94(E) dated 25.01.2018 of MoEF&CC]. (7) National Building Code (NBC) of India 2016. Declaration & Compliance Monitoring: 38. A “Self declaration’ undertaking to comply with the environmental regulations’ conditions along with the project details, in prescribed format and the Environment Management Plan shall be submitted online by the project proponent on the designated website of the Central Government (www.parivesh.nic.in). Thereafter, an acknowledgement shall be issued to the project proponent confirming receipt of the declaration made. . The project proponent shall submit Performance Data and Certificate of Compliance of the project for the environmental regulations and the parameters applicable, every year during the period of construction and every two years during operational phase (5 years in case the building has been certified as Green building in terms of GRIHA guidelines of MNRE) to the Government with special focus on the following parameters:- (a) Water use and waste water generated, treated and reused on site. (b) Waste Segregated and Treated on site. (c) Tree plantation and maintenance (d) Ground Water Recharge & Rain Water Harvesting The Regional Office of the Ministry of Environment, Forest & Climate Change or the State Pollution Control Board or the local authority are authorized to monitor the implementation of these Regulations, report non-compliance of these regulations to the Ministry. TANMAY KUMAR, Addl. Secy. and Published by the Controller of Publications, Delhi-110054. ALOKKUMAR %=,