Compliance under Air Act
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Initial Setup or Ongoing Maintenance
Ongoing compliance requirement
Filing and Maintenance Requirements
There are certain ongoing compliance conditions imposed on units to whom consent has been granted, which include:
- the emission control equipment in such units should be of such specifications as approved by the SPCB (and updated from time to time in accordance with the specifications) and it should be installed and operated on the premises of the unit;
- the control equipment shall be kept at all times in good running condition; and
- a chimney, wherever necessary, of such specifications as approved by the SPCB is required to be erected or re-erected.
• Penalties for first time contraventions of the prohibitions and consent requirements include imprisonment for a term not less than 1 (one) year and 6 (six) months extending up to 6 (six) years and include fines.
• In case the failure continues, an additional fine may be imposed which may extend to Rs. 5,000 (Rupees Five Thousand only) for every day during which such failure continues after the conviction for the first such contravention.
• Continuing contraventions for a period of 1 (one) year, subsequent to the conviction for the first offence are punishable with minimum imprisonment for a term of 2 (two) years extending up to 7 (seven) years and fines.
• Additionally, failure to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the SPCB or the apprehension of such occurrence shall be punishable with imprisonment for a term which may extend to 3 (three) months, fine of maximum Rs. 10,000 (Rupees Ten Thousand only) or both.
• Further, a person who was in charge/ responsible for conduct of the business of the company contravening the provisions of the Air Act will be held guilty of the offence and be liable for prosecution. The only protection available from prosecution is to prove that the act was committed the without knowledge of the concerned person or could not have been prevented despite due diligence
Application Guidelines / Responsible Persons / Comments