Hotels Final Reportsep 2011

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Environmental Guidance Manual Sector: Hotel Projects

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Rajasthan State Pollution Control Board ii EnvironmentalGuidanceManualHotelProjects

Contents Chapter No. Title Page No.

Acknowledgements iv Project Team v List of Annexures vi

About the Manual vii

Chapter 1 Introduction 1.0 About RSPCB 1 1.1 Hotel Projects Classification by RSPCB 1.2 Hotel Projects - Classification by MoEF 2

Chapter 2 Important Definitions

2.0 Important Definitions of The Environmental Acts 4 2.1 National Building Code of India 2005 7

Chapter 3 Environmental Acts and Legal Requirements 3.0 Legal Requirements - Water Act 10 3.1 Legal Requirements - Air Act 10 3.2 Legal Requirements - E (P) Act 11 3.3 Requirements for Ground Water Extraction 12 3.4 Legal Requirements Hazardous Waste Management 12 3.5 Restrictions - Aravalli Range 12 3.6 Restrictions - Mount Abu Eco-Sensitive Zone 14 3.7 Notification for Integrated Township Dated 29.03.2007 16 3.8 The Rajasthan Tourism Project Appraisal Guidelines, 2009 16

Chapter 4 Statutory Clearance Process 4.0 Environmental Clearance Process 17 4.1 Consent Management System RSPCB 20 4.2 Consent to Establish 20 4.3 Consent to Operate 27 4.4 Hazardous Waste Authorization 29 4.5 Water Cess Assessment 30

Chapter 5 Environmental Aspects and Guidance

5.0 Environmental Aspects 32 5.1 Environmental Norms 32 5.2 Guidelines for Project Developer 33

Rajasthan State Pollution Control Board iii EnvironmentalGuidanceManualHotelProjects

Chapter 6 Good Practices 6.0 Water Conservation 34 6.1 Parking Spaces 34 6.2 Dual Plumbing Systems and Grey Water Treatment 34 6.3 Good Practices In Design and Construction 34 6.4 Locations of the Septic Tanks 36

Chapter 7 Checklist 7.0 Checklist for CTE 37 7.1 Checklist for CTO & HWA 40 Annexures 44 - 92

Rajasthan State Pollution Control Board iv EnvironmentalGuidanceManualHotelProjects

Acknowledgements At the instance of Rajasthan State Pollution Control Board, the Administrative Staff College of India undertook the preparation of Environmental Guidance Manual for Hotel Projects. The initiative of RSPCB in the preparation of sector specific guidance manual is in line with National Environmental Policy 2006, which recommends code of practices for different category of industries. ASCI would like to thank the constant support extended by Dr. V.S. Singh, Chairperson and Dr. Deep Narayan Pandey, Member Secretary of RSPCB. ASCI would like to thank Shri Anand Lal Mathur, Chief Environmental Engineer for co-coordinating the project and for providing the guidance whenever needed. ASCI also thank the Core Group and Shri. Veersing Brijvasi, Sr.E.E for their valuable feedback.

Rajasthan State Pollution Control Board v EnvironmentalGuidanceManualHotelProjects

Project Team

Project Coordination Rajasthan State Pollution Control Board

Dr. Deep Narayan Pandey Member Secretary Mr. Anand Lal Mathur Chief Environmental Engineer

Core Committee - RSPCB Mr. A.K.Puri, Sr.E.E

Mr. V.K. Singhal, Sr.E.E

Mr. R.K.Gaur, C.S.O

Mr. Pradeep Agarwal, In charge Mines,

Mr. Manoj Agarwal, L.O

Mr. Mahesh Rastogi, Sr.E.E

Sector Group Head Mr. Veersing Brijvasi, Sr.E.E

Project Team

ASCI Prof. V.S. Chary Dean of Research and Management Studies Mr. G. Bala Subramanyam Advisor, Environment Area Project Leader

Rajasthan State Pollution Control Board vi EnvironmentalGuidanceManualHotelProjects

Annexures

Annexure No. Title Page No. Annexure No.1 Form 1 43 Annexure No.2 Form 1A 52 Annexure No.3 Proforma of Affidavit For CTE/CTO 57 Annexure No.4 Certificate of Capital Investment 59 Annexure No.5 Classification of Project For Consent Fee Purpose 60 Annexure No.6 Consent to Establish Fee - Water Act 61 Annexure No.7 Consent to Establish Fee - Air Act 62 Annexure No.8 Areas as Identified by CGWA As- Safe Areas, Semi-Critical 63

Areas, Critical Areas & Over Exploited Areas Annexure No. 9 Effluent Standards for Hotels 67 Annexure No. 10 National Ambient Air Quality Standards 68 Annexure No. 11 Noise Ambient Air Quality Standards 70 Annexure No.12 Consent Fee Structure With Reference To Submission Time 71

of CTO Application Annexure No.13 Consent To Operate Fee -Water Act 72 Annexure No.14 Consent To Operate Fee - Air Act 73 Annexure No.15 Form V - Environmental Statement 74 Annexure No.16 Form 4 - HW Annual Returns 77 Annexure No.17 General Standards for Discharge of Effluents 78 Annexure No.18 Noise Limits for Generator Sets Run With Diesel 80 Annexure No.19 Estimation of Water Demand 82 Annexure No.20 Bis Code of Practices 83 Annexure No.21 Ground Water Scenario in Rajasthan 85 Annexure No. 22 Rain Water Harvesting Structures 86 Annexure No. 23 Availability of Rainwater Through Roof Top Rain Water Harvesting 91 Annexure No.24 Area Requirements for Parking in Different Types of Cities 92

Rajasthan State Pollution Control Board vii EnvironmentalGuidanceManualHotelProjects

About The Manual

The objective of developing sector specific guidance manual for Hotel Projects is to provide clear and concise information to all the stakeholders i.e. project proponent, environmental consultant, Rajasthan State Pollution Control Board officials and the public to have a better understanding on the relevant environmental aspects in the initial stage itself. This manual covers the legal requirements, clearance process, environmental standards and maintenance of statutory records. The manual will also cover the environmental aspects due to hotel projects. The project proponent may use this manual to ensure that all the aspects of the environment due to the project are addressed and adequate mitigation measures are planned in the environmental management plan and he will be fully aware of the environmental process and requirements. The consultants will have similar understanding of the sector and the procedures involved, so that the quality of EMP reports will be improved. The reviewers across the board may have same understanding about the sector and helps them in the process of review and appraisal. Public who are concerned about hotel projects, will have information about the environmental aspects, standards, regulatory requirements etc., and have a better understanding about the hotel projects. The preparation of sector specific guidance manual by Rajasthan State Pollution Control Board is in line with National Environmental Policy 2006, which emphasizes on:

- Formulate and periodically update, codes of good practices for environment for different category of industries

- Ensure faster decision making with greater transparency and access to information, together with necessary capacity building

The manual is meant to serve as a guidance purpose only. Although every care has been taken to avoid errors or omissions, we will not be responsible for any damage or loss to any person, for the result of any action taken on the basis of this manual. Any discrepancy found may be brought to the notice of the Board. In case of interpretation of any question related to law, the provisions of the original law and the rules made thereunder with various government directions/resolutions will have to be read and followed. In case of amendment to the original Act/Rules/Notifications made thereunder, the provisions as amended from time to time shall be applicable.

Introduction

1.0 About RSPCB The Rajasthan State Pollution Control Board (RSPCB) is a statutory authority entrusted to implement environmental laws & rules within the jurisdiction of the State of Rajasthan. The Board ensures proper implementation of the statues, judicial and legislative pronouncements related to environmental protection within the state. The Board was established in the year 1975 under the provisions of Water (Prevention & Control of Pollution) Act 1974. Over the years, RSPCB was entrusted with various responsibilities under different enactments made. Currently RSPCB is responsible, completely or partially for the implementation of following Acts and Rules: The Water (Prevention & Control of Pollution) Act, 1974 and Rules made there off The Air (Prevention & Control of Pollution) Act, 1981 and Rules made there off The Water (Prevention & Control of Pollution) Cess Act 1977 and Rules made there off The Public Liability Insurance Act, 1991 and Rules made there off The Environmental Protection Act, 1986 and Rules made there off

Hazardous Wastes (Management, Handling & Transboundary Movement) Rules 2008 as amended

Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as amended Municipal Solid Waste (Management and Handling) Rules, 2000 Bio Medical Waste (Management and Handling) Rules, 1998 as amended Ozone Depleting Substances (Regulation) Rules, 2000 The Batteries (Management and Handling) Rules, 2001 Fly Ash Notification as amended S.0. 2804(E) dated 3rd November 2009 Environmental Impact Assessment Notification, 2006 as amended The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 The Recycled Plastic Waste (Management and Handling) Rules, 2011 The Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms,

Genetically Engineered Organism or Cells Rules, 1989 Notification No. S.O. 319 (E) dated 7th May 1992 (Restricting certain activities in special

specified area of Aravalli Range) Notification No. S.O. 1545 (E) dated 25th June 2009 declaring Mount Abu Eco Sensitive

Zone The Noise Pollution (Regulation and Control) Rules, 2000 as amended

CHAPTER 1

Rajasthan State Pollution Control Board 2 EnvironmentalGuidanceManualHotelProjects

1.1 Hotel Projects - Classification by RSPCB

Reference Project Description Orange category

RSPCB office order dated 21.12.2010

1.Hotel, motel, guest house, lodging > 25 beds 2.Restaurant 25 seats 3. Marriage gardens, community centers and clubs with kitchen facilities

Green category RSPCB office order dated 21.12.2010

1. All projects not covered in the Red and Orange categories and are discharging waste water and /or air emission will be covered under Green category

1.2 Hotel Projects Classification by MoEF Environmental Impact Assessment Notification S.O.1533 (E) of 14th September 2006 as amended in 2009 & 2011 has made it mandatory to obtain prior environmental clearance for scheduled development projects. As per these notifications construction projects, townships and area development projects are classified as category B projects. The following is the categorization made for the applicability of EIA Notification:

Project or activity Category with threshold Conditions Category A Category B

8 (a)

Building and Construction projects

--- 20, 000 sq. meters and < 1,50,000 sq. meters of built-up area#

# The built up area for the purpose of this Notification is defined as the built up or covered area on all the floors put together including basement(s) and other service areas, which are proposed in the building /construction projects

8 (b)

Townships and Area Development projects

--- Covering an area 50 ha and or built up area 1, 50,000 sq. meters ++

++ All projects under item 8(b) shall be appraised as Category B1


7 Industrial

estates/parks /complexes /areas, export processing zones (EPZs), special economic zones (SEZs), Biotech parks, Leather complexes

If at least one industry in the proposed industrial estate falls under the Category A, entire industrial area shall be treated as Category A, irrespective of the area Industrial estates with area greater than 500ha. and housing at least one Category B industry

Industrial estates housing at least one Category B industry and area 500ha. and not housing any industry belonging to Category A or B

Special conditions shall apply Note: Industrial estate of area below 500ha. and not housing any industry of Category A or B does not require clearance If the area is less than 500ha. but contains building and construction projects >20,000 sq. mt and or development area more than 50ha it will be treated as activity listed at serial no. 8(a) or 8(b) in the Schedule, as the case may be

Reference: Notifications S.O 1533 dated 14th September 2006 / S.O 3067 (E) dated 1st December 2009 / S.O.695 (E) dated 4th April 2011, MoEF, GoI

The Hotel projects shall follow the above categorization based on the built-up-area of the project.

Important Definitions

2.0 Important Definitions of the Environmental Acts

The Water (Prevention & Control of Pollution) Act, 1974 Section Key word Definition

Section 2 (d) Occupier In relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance

Section 2 (dd) Outlet Any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes or is likely to cause pollution

Section 2 (e) Pollution Contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms

Section 2 (g) Sewage effluent Effluent from any sewerage system or sewage disposal works and includes sullage from open drains

Section 2 (gg) Sewer Any conduit pipe or channel, open or closed, carrying sewage or trade effluent

Section 2 (j) Stream Includes river, water course (whether flowing or for the time being dry), inland water (whether natural or artificial), sub-terrine waters, sea or tidal waters to such extent or, as the case may be, to such point as the state government may, by notification in the official gazette specify in this behalf

Section 2 (k) Trade effluent Includes any liquid, gaseous or solid substance, which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system, other than domestic sewage

Section 47 (2) (a) Company Anybody corporate, and includes a firm or other association of individuals

Section 47 (2) (b) Director In relation to a firm means a partner in the firm The Air (Prevention & Control of Pollution) Act, 1981

Section 2 (a) Air pollutant Any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment

Section 2 (b) Air pollution The presence in the atmosphere of any air pollutant

CHAPTER 2


Section 2 Approved

appliances Any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of any particulate matter and approved by the State Board

Section 2 (d) Approved fuel Any fuel approved by the State Board for the purpose of the Act

Section 2 (h) Chimney Includes any structure with an opening or outlet from or through which any air pollutant may be emitted

Section 2 (i) Control equipment

Any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant

Section 2 (k) Industrial plant Any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere

Section 2 (j) Emission Any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet

Section 2 (m) Occupier The person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance


Section 40 (2) (b) Director In relation to a firm means a partner in the firm The Water (Prevention & Control of Pollution) Cess Act, 1977

Section 2 (a) Local Authority Municipal corporation or a municipal council (by whatever name called) or a cantonment board or any other body, entrusted with the duty of supplying the water under the law by or under which it is constituted

Section 2 Industry Any operation or process, or treatment and disposal system, which consumes water or gives rise to sewage effluent or trade effluent, but does not include any hydel power unit


Section 15 (2) (b) Director In relation to a firm means a partner in the firm The Environmental Protection Act 1986

Section 2 (a) Environment Includes water, air, land and the inter-relationship, which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property

Section 2 (b) Environmental pollutant

Any solid, liquid or gaseous substance present in such concentrations as may be, or tend to be, injurious to environment

Section 2 Environmental pollution

Presence in the environment of any environmental pollutant

Section 2 (d) Handling Manufacture, processing, treatment, package, storage,


transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance

Section 2 (e) Hazardous substance

Any substance or preparation which by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment

Section 2 (f) Occupier A person who has control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance

The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 as amended Rule 2 (e) Hazardous

chemical Any chemical which satisfies any of the criteria laid

down in Part I of Schedule 1 or listed in Column 2 of Part II of this Schedule

Any chemical listed in Column 2 of Schedule 2 Any chemical listed in Column 2 of Schedule 3

Rule 2 (h) Industrial activity

An operation or process carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be; or

Isolated storage; or Pipeline

Rule 2 (i) Isolated storage Means storage of a hazardous chemical, other than storage associated with an installation on the same site specified in Schedule 4 where that storage involves at least the quantities of that chemical set out in Schedule 2

Rule 2 (j) Major accident Means an incident involving loss of life inside or outside the installation, or ten or more injuries inside and/or one or more injuries outside or release of toxic chemicals or explosion or fire or spillage of hazardous chemicals resulting in on-site or off-site emergencies or damage to equipment leading to stoppage of process or adverse affects to the environment

Rule 2 (m) Site Means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed of and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether floating or not

Rule 2 (n) Threshold quantity

In the case of a hazardous chemical specified in Column 2 of Schedule 2, the quantity of that chemical specified in the corresponding entry in Columns 3 and 4

In the case of a hazardous chemical specified in


Column 2 of Part I of Schedule 3, the quantity of that chemical specified in the corresponding entry in Columns 3 & 4 of that part

In the case of substances of a class specified in Column 2 of Part II of Schedule 3, the total quantity of all substances of that class specified in the corresponding entry in Columns 3 and 4 of that part

The Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008 Rule 3 (l) Hazardous

waste Any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include Waste specified under column (3) of Schedule-I Wastes having constituents specified in Schedule-II if

their concentration is equal to or more than the limit indicated in the said Schedule, and

Wastes specified in Part A or Part B of the Schedule-III in respect of import or export of such wastes in accordance with rules 12,13 and 14 or the wastes other than those specified in Part A or Part B if they possess any of the hazardous characteristics specified in Part C of that Schedule

The Batteries (Management & Handling) Rules, 2001 Rule 3 (e) Battery Lead acid battery which is a source of electrical energy

and used as lead metal Rule 3 (h) Consumer Person using lead batteries excluding bulk consumer Rule 3 Used batteries Used, damaged and old lead acid batteries or components

thereof 2.1 National Building Code of India 2005 Key plan A key plan drawn to a scale of not less than 1 in 10,000 shall be submitted

along with the application for a development/building permit showing the boundary locations of the site with respect to neighborhood landmarks. The minimum dimension of the key plan shall be not less than 75mm.

Site plan The site plan shall be drawn to a scale of not less than 1 in 500 for a site up to one hectare and not less than 1 in 1000 for a site more than one hectare and shall show: a. The boundaries of the site and any contiguous land belonging to the

owner thereof b. The position of the site in relation to neighboring street c. The name of the streets in which the building is proposed to be situated,

if any


d. All existing buildings standing on, over or under the site including

service lines e. The position of the building and of all other buildings (if any) which the

applicant intends to erect upon his contiguous land referred to in (a) in relation to:

i. The boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others

ii. All adjacent street, buildings (with number of storeys and height) and premises within a distance of 12m of the site and of the contiguous land (if any) referred to in (a); and

iii. If there is no street within a distance of 12m of the site, the nearest existing street

f. The means of access from the street to the building, and to all other building (if any) which the applicant intends to erect upon his contiguous land referred to in (a)

g. Space to be left about the building to secure a free circulation of air, admission of light and access for scavenging purposes

h. The width of the street (if any) in front and of the street (if any) at the side or near the buildings

i. The direction of north point relative to the plan of the buildings j. Any physical features, such as wells, drains etc and k. Such other particulars as may be prescribed by the Authority

Access A clear approach to a block or a building Covered area Ground area covered by the building immediately above the plinth level.

The area covered by the following in the open spaces is excluded from covered area a. Garden, rockery, well and well structures, plant nursery, water pool,

swimming pool (if uncovered), platform round a tree, tank, fountain, bench, CHABUTRA with open top and unenclosed on sides by walls and the like

b. Drainage culvert, conduit, catch-pit, gully-pit, chamber, gutter and the like

c. Compound wall, gate, unstoreyed porch and portico, canopy, slide, swing, uncovered staircase, ramps areas covered by CHHAJJA and the like; and

d. Watchmens booth, pump house, garbage shaft, electric cabin or sub-stations, and such other utility structures meant for the services of the building under consideration

Note: For the purpose of this part, covered area equals the plot are minus the area due for open spaces


Floor Area Ratio (FAR)

The quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot Total covered area of the floors FAR = Plot area

Plinth area The built up covered area surface of the surrounding ground and surface of the floor, immediately above the ground

Set-Back Line A line usually parallel to the plot boundaries and laid down in each case by the Authority, beyond which noting can be constructed towards the plot boundaries

Width of means of access (for other buildings)

For all industrial buildings, theatres, cinema houses, assembly halls, stadia, educational buildings, markets, other buildings which attract large crowd, the means of access shall not be less than the following

Width of means of Access (m) Length of Means of Access (m) 12.0 200 15.0 400 18.0 600 24.0 Above 600

Further, in no case shall the means of access be lesser in width than the internal access ways in layouts and subdivision

One pipe system The system of plumbing in which the wastes from the sinks, baths and washbasins, and the soil pipe branches are all collected into one main pipe, which is connected, directly to the drainage system. Gully traps and waste pipes are completely dispersed with, but all the traps of the water closets, basins etc are completely ventilated to preserve the water seal

Two pipe system The system of plumbing in which soil and waste pipes are distinct and separate. The soil pipes being connected to the drain direct and waste pipes through a trapped gully. All traps of all appliances are completely ventilated in this system

Environmental Acts and Legal requirements 3.0 Legal requirements Water Act

The Water (Prevention & Control of Pollution) Act, 1974 and as amended Section 25 (1) Restrictions on new outlets and discharges

Subject to the provisions of this section, no person shall, without the previous consent of the State Board: a. Establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or b. Bring into use any new or altered outlets for the discharge of sewage; or c. Begin to make any new discharge of sewage

Section 44 Penalty of contravention of section 25

Whoever contravenes the provision of section 25 shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine

Section 48 Offences by Government Departments

Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence

Section 42(G) Penalty for Certain Acts

For the purpose of obtaining any consent under section 25 or section 26, knowingly or willfully makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to or with both

3.1 Legal Requirements Air Act

The Air (Prevention & Control of pollution) Act, 1981 and as amended Section 21 (1) Restrictions on use of certain industrial plants

Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area

Section 37 (1)

Whoever fails to comply with the provisions of section 21, be punishable with imprisonment for a term which shall not be less than

CHAPTER 3


Penalty of contravention of Section 21

one year and six months but which may extend to six years and with fine

Section 41 Offences by Government Department

1.Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence 2.Not withstanding anything contained in sub-section (1), Where an offence under this Act has been committed by any Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than Head of the Department, such officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly

Section 38 (G) Penalties for Certain Acts

For the purpose of obtaining any consent under section 21, makes a statement which is false in any material particular shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to or with both

3.2 Legal Requirements E (P) Act

S.O. 1533 dated 14th September 2006 as amended

Projects listed in the schedule shall obtain prior environmental clearance from the concerned regulatory authority.

Section 15 of E (P) Act 1986

Punishable with imprisonment up to 5 years with fine up to one lakh or with both

Section 16 of E (P) Act 1986

When a company has committed offence under E (P) Act, and it is proved that the offence has been committed with the consent or connivance of, or neglect on the part by any director, manager, secretary or other officials shall be deemed to be guilty and shall be liable for punishment.


3.3 Requirements for Ground Water Extraction Keeping in view of the requirements stated in the Policy guidelines for clearance of ground water abstraction for various uses issued by the Central Ground Water Authority, Ministry of Water Resources, GoI vide their letter dated 14.10.2009, the following guidelines regarding the requirement of NOC from CGWA for abstraction of ground water by any project (proposed/existing) are being followed:

S. No Guidelines 1. NOC from CGWA shall not be required for abstraction of ground water in the

following cases: In case of over-exploited areas abstraction < 25m3/day In case of critical areas abstraction < 50 m3/day In case of semi critical areas abstraction < 100 m3/day

2. The exemption shall not be applicable to industries, which are using water as raw material such as packaged drinking water industries

3. Projects located in safe category areas, are required to obtain NOC from CGWA if ground water abstraction exceeds 1000 m3/day for hard rock areas and 2000 m3/day for alluvial areas

4. A copy of consent letter containing will be endorsed to Regional Director, Central Ground Water Board (WR), 6A, Jhalana Institutional Area, Jaipur for their information and necessary action by RPCB

Please refer RSPCB Circular dated 08.01.2010 for further information 3.4 Legal Requirements - Hazardous Waste Rules

Schedule I: Processes generating hazardous waste (S.No 5) Industrial operations using mineral/synthetic oil as lubricant in hydraulic systems or other applications

5.1 Used/spent oil 5.2 Wastes/residues containing oil

Rule 5 (1) Grant of authorization for handling hazardous waste

Every person who is engaged in generation, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of the hazardous waste shall require to obtain an authorization from the SPCB

3.5 Restrictions Aravalli Range The MoEF, GoI had stipulated restrictions on certain activities in specified area of Aravalli Range vide Notification No. S.O. 319 (E) dated 7th May 1992 and as amended. As per the Notification the Central Government prohibits the carrying on the following processes and operations, except with its prior permission, in the specified area.


Processes and activities which require prior permission

Location of new industry including expansion/modernization A. All new mining operations including renewals of mining lease

B. Existing mining leases in sanctuaries/national park and areas covered under Project Tiger and/or C. Mining is being done without permission of the competent authority

Cutting of trees Construction of any clusters of dwelling units, farms houses, sheds,

community centers, information centers and any other activity connected with such construction (including roads a part of any infrastructure relating thereto)

Electrification (laying of new transmission lines) Areas covered under the Notification

All reserved forests, protected forests or any other area shown as forest in the land records maintained by the State Government as on the date of this notification in relation to Gurgaon District of the State of Haryana and the Alwar District of the State of Rajasthan

All areas shown as a. Gair Mumkin Pahar, or b. Gair Mumkin Rada, or c. Gair Mumkin Behed, or d. Banjad Beed, or e. Rundh

In the land records maintained by the State Government as on the date of this notification in relation to Gurgaon district of the State of Haryana and the Alwar district of the State of Rajasthan All areas covered by notifications issued under Section 4 and 5 of the

Punjab Land Preservation Act, 1900, as applicable to the State of Haryana in the district of Gurgaon up to the date of this notification

All areas of Sariska National Park and Sariska Sanctuary notified under the Wildlife (Protection) Act, 1972 (53 of 1972)

Clearance process

Any person desirous of undertaking any of the activities mentioned in the Notification No. 319 (E) dated 7th May 1992 shall submit an application to the Secretary, Department of Environment of the Government of Haryana/Rajasthan, as the case may be. The applicant shall also furnish environment impact statement and an environment management plan and such other information as may be prescribed by such State Governments. The application after due scrutiny shall be placed before the Expert Committee for its recommendations. Based on the recommendations of the Expert Committee, the Department of Environment in the State Government concerned shall take a final decision and convey the same to the applicant within the three months from the date of receipt of application or when further information has been asked for from the applicant within three months from the date of receipt of such information


Monitoring mechanism

Monitoring Committee, under the Chairmanship of District Collector concerned (Gurgaon in Haryana and Alwar in Rajasthan) shall inter alia monitor the compliance of the conditions stipulated while according Environmental Clearance by State Government The District collectors of Gurgaon in Haryana and Alwar in Rajasthan shall be authorized by the respective State Governments to take necessary action under section 5 of the said Act in respect of cases where the project proponents fail to implement the conditions

Appeal provision

The MoEF retains appellate power against rejection of any proposal and the National Environmental Appellate Authority constituted under the National Environment Appellate Authority Act, 1997 (22 of 1997) shall continue as an Appellate Authority against approval

Refer Notification No.S.O.319 (E) dated 7th May 1992 (restricting certain activities in special specific area of Aravalli Range) for complete details

3.6 Restrictions Mount Abu Eco Sensitive Zone Mount Abu area has significant ecological importance comprising of tropical dry deciduous forests at lower altitude and evergreen forests at higher altitude and the flora and fauna of the region comprise of several endemic and rare species; besides Mount Abu has natural heritage such as Nakki Lake and man-made heritage like Dilwara temples and other heritage buildings and structures. To conserve and protect the area from ecological and environmental point of view, the MoEF had issued Notification No. S.O. 1545 dated 25th June 2009 regulating certain activities in the eco-sensitive zone

Regulated Activities

Pending the preparation of the Zonal Master Plan for Eco-sensitive zone and approval thereof by the Central Government in the MoEF, there shall be no increase in the existing parameters of permissible floor area ratio, permissible ground coverage, maximum number of floors and maximum height and all new constructions shall be allowed only after the proposals are scrutinized and approved by Monitoring Committee and all other development activities including additions, alterations, demolitions, repairs, renovations and restorations of buildings shall require prior approval of the Monitoring Committee provided that these do not involve structural changes and are on the existing authorized plinth areas in the Mount Abu Municipal Limits and there shall be no consequential reduction in Tribal area, Forest area, Green area and Agricultural area

Boundaries of the eco-sensitive zone

a. The said eco-sensitive zone is situated in the southern area of Rajasthan in Sirohi District between 240 3342 and 240 39 00 North latitude and between 720 41 36 and 720 48 06 East longitude and the configuration of land is hilly and rugged with high altitudinal variation ranging from 300 meter to 1727 meter. Gurushikar, the highest peak of the Aravalli, is the highest peak between the Himalayas and the Nilgiris. The boundaries of the said eco-sensitive zone comprise


North - Southern boundary of Abu Forest Block No.3 South - Northern Boundary of Abu Forest Block No. 1 East - Western and Southern Boundary of Abu Forest Block No.2 West - Eastern boundary of Abu Forest Block No. 3 b. The Eco-sensitive zone covers the entire area of Notified Urban Area Limit, including Mount Abu Municipal Limits adjoining Forest Block Areas. c. The list of the villages in the eco-sensitive zone Sanigaon, Machgaon, Goagaon, Delwara, Oriya, Jawal, Achalgarh, Salgaon, Torna, Dudhai, Hetamji, Ama d. All activities in the Forest Block Areas (both within and outside Municipal Areas) shall be governed by the provisions of the Rajasthan Forest Act, 1953 and the Forests (Conservation) Act, 1980 (69 of 1980) and all the activities in the Protected Areas (Sanctuary) shall be governed by the provisions of the Wildlife (Protection) Act, 1972 (53 of 1972)

Trees There shall be no felling of trees whether on Forest, Government, Revenue or Private lands within the Eco-sensitive zone without the prior permission of the State Government in case of forest land and the respective District Collector in case of Government, Revenue and Private land as per the procedure which shall be laid down by the State Government

Tourism The tourism activities shall be as per the Tourism Master Plan to be prepared by the Department of Tourism of the Rajasthan State Government

Water All future and existing buildings, where possible, in the Municipal Are shall provide roof-top rain water harvesting structures with plinth area and the Institutional and commercial buildings shall not draw water from existing water supply schemes in a manner that adversely affects water supply especially to local villages or settlements

In Non-Municipal Areas rain water harvesting shall be undertaken through such structures as percolation tanks and storage tanks and only other means. Ground water aquifer recharge structures shall be constructed wherever such structures do not lead to slope instabilities

The rain water collected through storm water drains shall be used to recharge the ground water or to clean the waste disposal drains and sewers

The extraction of ground water shall be permitted only for the bona-fide agricultural and domestic consumption of the occupier of the ply and the extraction of ground water for industrial or commercial or residential estates or complexes shall require prior written permission, including of the amount that can be extracted, from the State Ground Water Department. However, the areas rich in ground water may not be delivered for construction activities

Use of Plastics

No person shall use plastic carry bags within the notified area


Development on and protection of hill slopes

The zonal Master Plan shall indicate areas o hill slopes where development shall not be permitted

No development shall be undertaken in areas having a steep slope or areas which fall in fault or hazard zones or areas falling on the spring lines and first order streams or slopes with a high degree of erosion as identified by the State Government on the basis of available scientific evidence

No development on existing steep hill slopes or slopes with a high degree of erosion shall be permitted

Discharge of sewage and effluents

No untreated sewage or effluent shall be permitted to be discharged into any water body or forests within the eco-sensitive zone and the local authority shall provide proper drainage and treatment system for collection, treatment and disposal of untreated/and treated effluent in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974. Moreover, the treated sewage and treated effluent shall be disposed only at or into a point(s) identified and approved by the local authorities and the Monitoring Committee

Monitoring Committee

Under the provisions of sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government shall constitute a committee to be called the Monitoring Committee to monitor the compliance of the provisions of this notification In case of activities requiring prior permission on environmental clearance, such activities shall be referred to the State Level Environmental Impact Assessment Authority, which shall be the Competent Authority for grant of such clearances

Refer Notification No.S.O.1545 (E) dated 25th June 2009 declaring Mount Abu Eco Sensitive Zone for complete details

3.7 Notification for Integrated Township dated 29.03.2007 The Government of Rajasthan had issued certain directions in their order dated 29.03.2007 to promote integrated development in future growth of the urban areas of the Rajasthan and to encourage private sector investment/foreign direct investment (FDI) in real estate sector. These directions were issued under Section 297 of the Rajasthan Municipal Act 1959, Section 90 of the Jaipur Development Authority Act 1982, Section 60 of the Rajasthan Housing Board Act, 1970 and Rule 31 of the Rajasthan Urban Improvement (Disposal of urban lands) Rules 1974. 3.8 The Rajasthan Tourism Project Appraisal Guidelines, 2009 The Government of Rajasthan had issued certain guidelines for approval of projects as a tourism unit. The projects for approval as a Tourism unit shall submit in the prescribed form to The Commissioner, Department of Tourism, Government of Rajasthan, Government Hostel Campus, Jaipur 302 001 (Reference: No. F.2 (4) Tourism/99/24848 dated 20.11.2009)

Statutory Clearance Process 4.0 Environmental Clearance Process The Hotel projects with built-up area 20,000 sq.meters and < 1,50,000 sq. meters of built-up area will fall under category 8(a) i.e. Building and Construction projects of EIA Notification 2006 as amended. Similarly, the Hotel projects covering an area 50 ha and or built up area 1,50,000 sq. meters will fall under category 8(b) i.e. Township and Area Development Projects of the said Notification and all projects under 8(b) shall be categorized as Category B1. In the case of item 8 of the schedule of EIA Notification of 2006 as amended in 2011, considering its unique project cycle, the EAC or SEAC concerned shall appraise projects or activities on the basis of Form 1, Form 1A, conceptual plan and EIA report [required only for projects listed under 8(b)] and make recommendations on the project regarding grant of environmental clearance or otherwise and also stipulate the condition for environmental clearance.

Project or activity Category with threshold Conditions Category A Category B

8 (a)

Building and Construction projects

--- 20, 000 sq. meters and < 1,50,000 sq. meters of built-up area#

# The built up area for the purpose of this Notification is defined as the built up or covered area on all the floors put together including basement(s) and other service areas, which are proposed in the building /construction projects

8 (b)

Townships and Area Development projects

--- Covering an area 50 ha and or built up area 1, 50,000 sq. meters ++

++ All projects under item 8(b) shall be appraised as Category B1

CHAPTER 4


7(c) Industrial

estates/parks/complexes/areas, export processing zones (EPZs), special economic zones (SEZs), Biotech parks, Leather complexes

If at least one industry in the proposed industrial estate falls under the Category A, entire industrial area shall be treated as Category A, irrespective of the area Industrial estates with area greater than 500ha and housing at least one Category B industry

Industrial estates housing at least one Category B industry and area 500ha and not housing any industry belonging to Category A or B

Special conditions shall apply Note: Industrial estate of area below 500ha. and not housing any industry of Category A or B does not require clearance If the area is less than 500ha but contains building and construction projects >20,000 sq. meter and or development area more than 50ha it will be treated as activity listed at serial no. 8(a) or 8(b) in the Schedule, as the case may be

Reference: EIA Notifications S.O 1533 dated 14th September 2006 / S.O 3067 (E) dated 1st December 2009 / S.O.695 (E) dated 4th April 2011

The Hotel projects will come under the above categorization depending up on the built up area. MoEF, GoI had issued Environmental Impact Assessment Guidance Manual for Building, Construction, Townships and area Development Projects 2010 and the same is available at www.moef.nic.in . Form I and Form IA are given at Annexure 1 & 2 Public Consultation As per Para No 7 (i) (III) (d) of EIA Notification dated 14th September 2006 as amended 1st December 2009, all building or construction projects or area development projects (which do not contain category A projects) i.e. Hotel projects, are not required to undertake public consultation process. Validity of Environmental Clearance The prior environmental clearance granted is valid for a period of five years. The regulatory authority concerned may extend this validity period by a maximum period of five years. However, in the case of Area development projects and Townships [item 8(b)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This validity period may be extended by the regulatory authority concerned by a maximum period of 5 years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form I, and supplementary Form IA, for construction projects or activities.


Post Environmental Clearance Monitoring The project proponent shall prominently advertise in the newspapers indicating the project has been accorded environmental clearance and the details of regulatory authority website where it is displayed. To the regulatory authority concerned all such reports shall be public documents. The latest such compliance report shall also be displayed on the website of the concerned regulatory. Transferability of Environmental Clearance A prior Environmental Clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor or the transferee with a written no objection by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions under which the prior environmental clearance was initially granted, and for the same validity period. Criteria for EIA consultants The MoEF, GoI had stipulated certain criteria for EIA consultants as per the Ministrys office memorandum dated 2nd December 2009 and amended from time to time. The same are kept in the public domain of Ministrys website (www.envfor.nic.in). Accordingly, the EIA consultants shall have accreditation with Quality Control of India (QCI)/National Accreditation Board of Education and Training (NABET). The consultants shall include in the EIA report, copy of the accreditation certificate and that provided by the other organizations/laboratories including their status of approvals etc. The MoEF is not considering the EIA reports prepared by the consultants who are not registered with NABET/QCI. Authorized Signatory All correspondence with the regulatory authority including submission of application for TOR/Environmental Clearance, subsequent clarifications, as may be required from time to time, participation in the EAC Meeting on behalf of the project proponent shall be made by the authorized signatory only. The authorized signatory shall also submit a document in support of his claim of being an authorized signatory for the specific project (EIA amendment Notification dated 1st December 2009). Participation of the project proponent during the EAC meetings As per the office memorandum dated 25th February 2010 of MoEF, the authorized representative of the project proponent shall only attend the EAC meetings. The authorized representative of the project proponent should be a reasonably senior officer / executive duly authorized in writing. In case, a consultant is to be nominated as the authorized representative, it should be through an irrevocable power of attorney executed and formally registered with the Sub-Registrar concerned. A copy of the authorization / registered power of attorney, as the case may be should be submitted to the ministry for record. The


authorized representative, so nominated should only participate in the SEAC meetings on behalf of the project proponent. The consultant (s) and other experts may, however, assist the authorized representative during the meeting. In the absence of the authorized representative, the proposal will not be considered by the SEAC. Projects requiring recommendation of the Chief Wildlife Warden If the project is located within 10 km radial distance from the national parks, sanctuaries, biosphere reserves, migratory corridors of wild animals, the project proponent shall submit the map duly authenticated by Chief Wildlife Warden showing these features vis--vis the project location and the recommendations or comments of the Chief Wildlife Warden thereon at the stage of EC (EIA amendment Notification dated 1st December 2009). EIA Guidance Manual: MoEF, GoI is in the process of coming up with EIA guidance manual for Building /Construction projects and Township projects. For latest information please visit the MOEF web site (www.moef.nic.in) 4.1 Consent Management System RPCB

The consent management process adopted at RPCB is explained below in the form of Q & A to facilitate better understanding for the project proponent as well as other stakeholders. 4.2 Consent To Establish 01. What are the documents required for submission?

The project proponent shall apply in the prescribed CTE application form along with requisite enclosures. It can be downloaded from RSPCB web also (www.rpcb.nic.in) Requisite consent to establish fee as

prescribed under the Rajasthan Air (P&CP) Rules, 1983 and / or Rajasthan Water (P&CP) Rules, 1975

Declaration on Rs 10/- non-judicial stamp paper duly attested by notary public (Annexure 3)

Project report of including all costs duly attested by Chartered Accountant(Annexure 4)

Ownership document for land /lease deed

Land conversion letter, if applicable Copy of partnership deed/MoU &

Article of Association as the case may be


Environmental Management Plan broadly with capacities, environmental aspects on land, water, air, noise and solid waste generation /mitigation measure to comply the norms

Site plan duly signed by the project proponent Project report duly signed by project proponent NOC of CGWA as per applicability Location plan Document confirming the authorization of signatory of the

application form and enclosures Details of registration with Tourism department, if any Status of Environmental Clearance under EIA Notification

dated 14/09/2006, as amended and Aravali Notification 1992, as per applicability

The application form and enclosures shall be submitted in triplicate

02. What is the fee to be submitted?

CTE fee is to be paid along with CTE application as notified by the DoE, Government of Rajasthan under of the Water (P&CP) Act, 1974 as amended and under the Air (P&CP) Act, 1981 as amended vide Notification dated 10th December 2010. Please visit www.rpcb.nic.in for notification. Classification of projects for consent fee purpose is given in Annexure 5. CTE fee structure as applicable is given in Annexure 6 & 7. Whether the project attracts the provision of the Hazardous

Waste (Management, Handling and Transboundary Movement) Rules, 2008 as amended?

If yes - As per Notification dated 10.12.2010, the unit is required to deposit consent fee equal to one & half times of the amount of fee prescribed under schedule if used/waste oil is > 5 KL/Annum Whether the project requires environmental clearance under

the provisions of E (P) Act, 1986? If yes, shall pay an extra amount of Rs 15,000/-, as one time consent fee to establish in addition to the fee mentioned in the schedule under the provisions of Water Act & Air Act

03. What is the mode of payment of CTE fee?

Instrument Demand Draft Infavour of Member Secretary, Rajasthan State

Pollution Control Board, payable at respective Regional Office or at Head Office


04. Where to submit the CTE application?

The application along with requisite documents shall be submitted either at the concerned Regional Office of the Board or at Head Office, Jaipur. However, where the competent authority to grant consent to establish is the Regional Officer, the consent application should be submitted to the respective Regional Officer.

05. Is there any provision to apply CTE application on-line?

The Board is in the process of upgrading the systems to accept the applications on line. For details visit RSPCB web site.

6. What are the areas as identified by CGWA as safe areas, semi critical areas, critical areas & over exploited areas?

The details are given in Annexure 8

7. Whether prior environmental clearance is a pre- requisite to submit the CTE application?

No Requires submitting a notary affidavit on Rs 10/- stamp paper stating that no construction work will be taken up until EC is obtained. This requirement is applicable to the projects that attract the provisions of EIA Notification only

8. Whether conversion of land, wherever required, is a pre requisite to submit CTE application?

Yes

9. Who is the authority to accord the CTE application?

Regional Officer Projects under orange category except the following: Hotel, Motel, Resort > 50 beds Hotel, Motel, Resort located in water body or within 200

meters of High Flood Level (HFL) of water body Projects under Red category with the following restrictions: Building and construction projects < 5000 Sq.M but 2500

sq.m of built up area or dwelling units 50 but < 100 units )

Head Office All projects not covered above Projects covered under EIA Notification 2006 and Aravali

Notification 1992 In case any application is refused at the Regional Office

Level, the decision on the application submitted subsequently by the unit shall be taken by at RSPCB, Head Office level

(Ref: RSPCB Office Order dated 21-12-2010


10. What is the maximum time period to process the CTE application?

Statutory time limit: Section 25(7) of Water (P&CP) Act, 1974 as amended: Four months on submission of application, complete in all aspects Section 21(4) of Air (P&CP) Act, 1981 as amended: Four months after receipt of the application Administrative time limits of RSPCB:

Red category projects 6 weeks Orange category projects 4 weeks Green category projects 4 weeks

11. What is the mode of communication of the approval / rejection order of CTE?

Hard copy By Registered post with ack. due Down loads From RPCB web, under

implementation

12. Is there any appeal mechanism?

Section 28 (1) of Water (P&CP) Act, 1974 as amended: Any person aggrieved by the order made by the State Board under section 25, 26 and 27 may within 30 days from the date on which is communicated to him, prefer an appeal before Appellate Authority constituted by the State Government. Section 31 (1) of Air (P&CP) Act, 1981 as amended: Any person aggrieved by an order made by the State Board under this Act may, within thirty day from the date on which the order is communicated to him, prefer an appeal to Appellate Authority constituted by the State Government The appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time

13. Whether the CTE obtained from the board can be transferred to any other person?

Where a person to whom consent has been granted by the State Board, transfers his interest in the project to other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally. Such changes shall be notified to the Board

14. What is the validity period for CTE?

CTE will be valid for a period of three years or till the commissioning of the project whichever is earlier (RPCB Office order dated. 10.08.2001)

15. Are there any specific standards notified for discharge of wastewater for Hotel Industry under E (P) Act, 1986?

Yes. G.S.R. 749 (E) dated 4th November 2009 by MoEF, GoI (Annexure 9)

16. Are there are any specific noise standards

Notification No. 371(E) dated 27.05.2002 - E (P) Act, 1986: Noise limit for Diesel Generator Sets (up to 1000 KVA)


applicable to D.G. Sets? manufacture on or after the 1st July, 2003

The maximum permissible sound pressure level for new

diesel generator (DG) sets with rated capacity up to 1000 KVA, manufactured on or after the 1st July, 2003 shall be 75 dB (A) at 1 meter from the enclosure surface

The diesel generator sets should be provided with integral acoustic enclosure at the manufacturing stage itself

Noise limit for DG sets not covered above Noise from the DG set should be controlled by providing an acoustic enclosure on by treating the room acoustically, at the users end The acoustic enclosure or acoustic treatment of the room shall be designed for minimum 25 dB (A). Insertion Loss or for meeting the ambient noise standards, whichever is on the higher side (if the actual ambient noise is on the higher side, it may not be possible to check the performance of the acoustic enclosure/acoustic treatment. Under such circumstances the performance may be checked for noise reduction up to actual ambient noise level, preferably, in the nighttime. The measurement for Insertion Loss may be done at different points at 0.5m from the acoustic enclosure/room, and then averaged The DG set shall be provided with proper exhaust muffler with Insertion Loss of minimum 25 dB (A) Requirement of certification Every manufacturer or importer of DG set to which these regulations apply must have valid certificates of type approval and also valid certificates of conformity of production for each year, for all the product models being manufactured or imported from 1st July 2003 with the noise limit specified in the Notification. The conformance label must contain the following information a. Name and address of the supplier (if the address is described in the owners manual, it may not be included in the label) b. Statement This product confirms to the Environment (Protection) Rules, 1986 c. Noise limit viz. 75 dB (A) at 1m d. Type approval certificate number e. Date of manufacture of the product Notification No. S.O. 50(E) dated 11th January 2010 E (P) Act


1986: A loud speaker or a public address system r any sound producing instrument or a musical instrument or sound amplifier shall not be used at night time (10.00 pm to 6.00 am) except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during public emergency

17. Is there any guideline to calculate the minimum requirement of the stack of D.G set?

The CPCB had evolved the minimum height of the stack to be provided to the DG set and published in Emission Regulations Part IV: COINDS/26/1986-87. H= h+0.2 x KVA

H Total height of stack in meter h Height of the building in meters where the

generator set is installed KVA

Total generator capacity of the set in KVA

Based on the above formula the minimum stack height to be provided with different range of generator sets may be categorized as follows:

For generator Sets Total height of stack in meter 50 KVA Ht. of the building +1.5 meter 50-100 KVA Ht. of the building +2.0 meter 100-150 KVA Ht. of the building +2.5 meter 150-200 KVA Ht. of the building +3.0 meter 200-250 KVA Ht. of the building +3.5 meter 250-300 KVA Ht. of the building +3.5 meter

18. What are the standards notified for ambient air quality?

MoEF Notified National Ambient Air Quality Standards dated 16th November 2009(Annexure 10)

19. Where shall the ambient noise levels be monitored for compliance?

The ambient air quality standards in respect of noise as notified under E (P) Act, 1986 shall be monitored at the boundary of the project for compliance (Annexure 11)

20. Whether any procedures notified for handling solid waste?

MoEF had notified procedures and standards for handling municipal solid waste vide Municipal Solid Waste (Handling &Management) Rules, 2000(www.moef.nic.in)

21. Whether any specific guidelines are framed by RSPCB?

Yes. The Board issued certain specific guidelines to Hotel projects. The same are available on the Boards web site

22 Whether any court orders are to be complied?

The directions given by Honble High Court, Jodhpur in the D.B (Civil) writ petition No.4271/1999 and subsequent orders thereafter with respect to No Construction Zone will be complied with by the Hotels being established in the said zone


4.3 Consent to Operate

01. What is the procedure to apply for Consent To Operate (first time)?

Filled in CTO application form (Visit www.rpcb.nic.in for format) Requisite consent fee (as per notification dated 10/12/2010)

Annexure 12, 13 & 14 Investment Certificate issued by Charted Accountant Annexure

- 4 Declaration on Rs 10/- non-judicial stamp paper duly attested by

notary public Report of compliance of condition of Consent to Establish Copies of the requisite documents which are required to be

submitted along with CTE application, if not submitted earlier NOC of CGWA, as per applicability Copy of EC, if the project attracts EIA Notification 2006 /Aravalli

Notification 1992 Status of development of greenbelt number of plants planted,

area covered and area yet to be covered Document confirming the authorization of signatory of the

application form and enclosures The application form and enclosures shall be submitted in

triplicate 02. What is the procedure to apply for Consent To Operate (renewal)?

The application in the prescribed form along with the following documents shall be submitted: Requisite consent fee prescribed under the Rajasthan Air (P&CP)

Rules, 1983 and / or Rajasthan Water (P&CP) Rules, 1975 (as per notification dated 10.12.2010) Annexure 13& 14 (CTO fee structure with reference to submission time of CTO application Annexure 12)

Requisite declaration on Rs. 10/- non-judicial stamp paper (Annexure 3)

Report of compliance of conditions of Consent To Operate Investment certificate issued by Charted Accountant Annexure

4 Copy of the periodical reports Status of development of green belt number of plants, number of

plants surviving, area already covered etc. Copy of the Environmental Statement Form V (Annexure15) Copy of the HW annual returns Form 4 (Annexure16), if

applicable Document confirming the authorization of the signatory of the

application and enclosures The application form with enclosures shall be submitted in

triplicate 03. Who should submit the application for consent and reply to

The application for consent and reply to notices etc. shall be furnished by owner (including lawfully empowered attorney for such purpose) of the industry. Where the owner of the industry is a juristic person


the notices etc? (company, firm, association etc.,). The applications must be

filed/information must be furnished under the seal and signature of a person authorized for such purpose and the document confirming the authorization shall be attached

04. Who is the authority to accord the CTO?

Regional Officer Projects under orange category except the following: Hotel, Motel, Resort > 50 beds Hotel, Motel, Resort located in water body or within 200 meters

of High Flood Level (HFL) of water body Projects under Red category with the following restrictions: Building and construction projects < 5000 Sq.M but 2500 sq.m

of built up area or dwelling units 50 but < 100 units Head Office All projects not covered above Projects covered under EIA Notification 2006 and Aravali

Notification 1992 In case any application is refused at the Regional Office Level, the

decision on the application submitted subsequently by the unit shall be taken by at RSPCB, Head Office level

(Ref: RSPCB Office Order dated 21.12.2010)

05. What is the maximum time period to process the CTO application?

Statutory time limit: Section 25(7) of Water (P&CP) Act, 1974 as amended: Four months on submission of application, complete in all aspects Section 21(4) of Air (P&CP) Act, 1981 as amended: Four months after receipt of the application Administrative time limits of RPCB:

Red category projects 6 weeks Orange category projects 4 weeks Green category projects 4 weeks

06. What is the validity period for CTO?

Appendix A projects 3 years Appendix B projects 5years Other projects 10years Provided fee amount is paid for entire period Ref: Notification dated 10.12.2010


4.4 Hazardous Wastes Authorization

01. Whether Steel re-rolling mills processing units required applying for Hazardous Waste Authorization?

Yes, if the Hotel is having a D.G. Set. As per Hazardous Waste (Management, Handling and trans-boundary movement) Rules, 2008, the following categories of wastes comes under the category of hazardous wastes (Refer schedule I of the Rules)

S No Processes Hazardous Waste 05. Industrial operations using

mineral/synthetic oil as lubricant in hydraulic systems or other applications

5.1 Used/spent oil 5.2 Wastes/residues containing oils

02. What is the procedure to apply for Authorization for Hazardous Waste (first time)?

The application in the prescribed form along with the following documents shall be submitted Requisite declaration on Rs. 10/- non-judicial stamp paper Report of compliance of conditions of consent to establish in

tabular form Details of disposal of hazardous wastes Details of storage facilities provided to store the hazardous waste Copies of the following documents, if not submitted earlier: Ownership document for land/lease deed Copy of partnership deed/MoU or Article of Association as the

case may be Site layout plan of plant & area earmarked for storage of

hazardous wastes 03. Where to submit the application?

At Head Office or at concerned Regional Office

04. What is the maximum time period to process the authorization application?

Statutory time limit: Rule 5(4) & 5(5) of HW (M, H&TM) Rules, 2008, the completely filled up application will be processed within 120 days from the date of receipt of application

05. What is the validity period for authorization?

Rule 5(4) - Valid for five years and shall be subject to such conditions as may be laid therein

06. How to apply for renewal of authorization?

The application in the prescribed form along with the following documents shall be submitted. Requisite declaration on Rs. 10/- non-judicial stamp paper Report of compliance of conditions of earlier authorization Details of disposal of wastes Details of storage facilities provided to store the hazardous waste Membership from waste disposal facility Copy of Form 4(annual returns) for all the preceding 5 years

07. What are the annual returns and records to be maintained?

Rule 21(1) Hazardous Waste Manifest in Form 13 Rule 22(1) Maintaining records of Hazardous Waste

in Form 3 Rule 22(2) Annual returns in Form 4 (Annexure 16)


4.5 Water Cess Returns and Payment

01. Whether Steel re-rolling mills processing unit is required to file water Cess returns?

S.O. 49 (E) dated 6th May 2003 If the projects consume water for different applications including domestic more than 10 KLD shall file the Water Cess returns in the prescribed format along with analysis report of treated effluent. The Central Government exempted industries consuming water less than 10 kl per day from the levy of cess, provided that no such exemption shall be applicable in case of industries generating hazardous wastes as identified in clause (i) of Rule 3 of the HW (M&H) Rules 1989

02. Is there any Self Assessment Scheme for small assesses?

RSPCB had simplified the Cess assessment procedure for certain category units The scheme shall be applicable to small assesses whose Cess liability under the existing rates does not exceed Es. 6,000/- PA. Under this scheme the eligible assesses shall submit a self-assessment before 31st May of every year, for the ensuing year as a whole, based on earlier years data and as per the latest rates. The amount payable shall be submitted in the form of Demand Draft taken in favor of Member Secretary, Rajasthan State Pollution Control Board and the same shall be submitted to the Member Secretary, Rajasthan State Pollution Control Board, Jaipur with a copy to the concerned Regional Officer of the Board Note: The Assessing Authority may accept the self-assessment given by the industry, in which case, it will be deemed to have become final assessment u/s 6 of Act. The Assessing Authority, however, reserves the right to make its own investigation to ascertain the quantity of water used, and raise a demand for Cess

03. What is the Appeal mechanism?

As per the section 13 of Water (Prevention and control of pollution) Cess Act, 1977 as amended in1991, any person or local authority aggrieved by an order of the assessment made under section 6 or by an order imposing penalty made under section 11, may, with such time as may be prescribed, appeal to such authority, in such form and in such manner as maybe prescribed As per rule 9 of Water (Prevention and control of pollution) Cess rules, 1978,all such appeals shall be made within 30days from the date of communication of such order of assessment or penalty. All such applications shall accompany with assessment order or penalty order and a fee of Rs.50/-

04. Is there any provision for rebate?

As per the Section 7 of Water (Prevention and control of pollution) Cess Act, 1977, any person or local authority, liable to pay the Cess under this Act, installs any plant for the treatment of sewage or trade effluent, such person, or local authority shall, from date as may be prescribed be entitled to a rebate of twenty five percent of the Cess


payable Provided that a person or local authority shall not be entitled to any rebate if he or it a) Consumes water in excess of the maximum quantity as may be prescribed in this behalf for any specified industry or local authority or b) Fails to comply with any of the provisions of Section25 of the Water (Prevention of pollution) Act, 1974 or any of the standards lay down by the Central Government under the Environment (Protection) Act, 1986

05. Is it mandatory to affixing water meters?

Yes. As per Section 4 of the Act, water meters shall be affixed by for measuring and recording water consumed

Environmental Aspects and Guidance 5.0 Environmental Aspects The typical environmental aspects due to Hotel projects are discussed below: Land environment Impact on natural drainage system

Impact on surrounding land use campactability Impact on the public infrastructure such as on roads

Water environment Impact due to ground water drawl Impact due to discharge of black water and grey water Impact due to discharge of water from swimming pools

Air environment Impact during the construction stage blasting for foundation, removal of top soil, raw material handling, bore drilling for tapping ground water

Noise environment Impact during the construction Impact due to operation of D.G sets Impact due to public address system

Solid waste Impact due to demolition waste Impact due to biodegradable and non biodegradable, including

plastic waste and e-waste Natural resources Consumption of power and water and the stress on the system 5.1 Environmental Norms S. No Description of the norms Notification

01. Standards for discharge of effluents for hotel industry

Notification No G.S.R 794 (E) dated 4th November, 2009 (Annexure 9)

02. National Ambient Air Quality Standards

MoEF Notification dated 16th November 2009 (Annexure 10)

03. National Noise Ambient Air Quality Standards

The Noise Pollution (Regulation & Control) Rules, 2000 S.O. 123 (E) dated 14th February 2000 and as amended in S.O. 1046 (E) dated 22.11.2000 (Annexure 11)

04. General Standards for Discharge of Effluents

Notification No. G.S.R 422 (E) dated 19.05.1993 and G.S.R 801 (E) dated 31.12.1993 (Annexure 17)

05. Noise Limit for Generator Sets Run With Diesel

Notification No. G.S.R 371 (E) dated 17th May, 2002 (Annexure 18)

06. The Ozone Depleting Substances

The Ozone Depleting Substances (Regulation & Control) Rules, 2000 S.O. 670 (E) dated 19.07.2000 (www.moef.nic.in)

CHAPTER 5


5.2 Guidelines for the Project Developer

The project developer is advised to refer to the following documents:

EIA guidance manual for Building construction, Townships and Area Development of

MoEF National Building Code of India 2005 Development Control Rules Town and Country Planning Energy Conservation Building Code 2007 (www.bee-india.nic.in) Energy Conservation Building Code (ECBC) User Guide, July 2009 (www.bee-

india.nic.in Design layout to explore the following depending on the site conditions and requirements Dual plumbing arrangements Area for sewage treatment plant Area for of Garbage Segregation Area for of DG Sets Parking requirements to meet the local body requirements and as per NBC 2005 /

MoEF Area for green belt and lawns Provision to tap the roof water Provision for rain water harvesting structure

Estimation of water demand Proper care should be taken in estimating the peak water requirements and reliable source. The water requirements for different types of buildings should be estimated as given in Annexure 19 Estimation of adequate parking requirement The requirements should be assessed in a very realistic way by considering the diverse activities proposed in the Hotel project, locational aspects and socio economic levels of the expected users. The adequacy of the access road to the project and free flow of traffic should be assessed.

Good Practices 6.0 Water Conservation In view of critical shortage of water, conservation of water by rainwater harvesting and by use of recycled water to the maximum extent possible should be explored. In this regard the following provisions may be explored: Provision for water conservation fixtures Provision for water meter to monitor the consumption of water Provision for dual plumbing systems Provision to use treated waste water for cooling makeup purpose to conserve fresh

water consumption Provision for collection of rainwater from rooftops and terraces and direct the same

either to a storage tank or to a recharging well 6.1 Parking Spaces Parking space provided for vehicles For car, the minimum parking space to be 3m X 6m when individual parking space is

required and 2.75m X 5m when common parking space is required Space for scooter/two wheeler and bicycle to be not less than 1.25m2 and 1.00m2

respectively Area for each equivalent car space inclusive of circulation area is 23m2 for open parking,

28m2 for ground floor covered parking and 32m2 for basement (Source: National Building Code of India, 2005) 6.2 Dual Plumbing System and Grey Water Treatment Water from toilets is called black water (Sewage), while water from laundry, kitchens,

and baths is called grey water (sullage). Grey water constitutes 70% of the wastewater, which can be treated by using simple and

cost-effective systems and can be reused for landscaping, external washing, and toilet flushing. Reusing grey water can reduce the dependence on municipal and bore water by up to 60%.

Dual plumbing system separates grey water and black water at the source of generation, following which specific treatment options either for grey or black water can be adopted.

Separating grey water and treating it onsite for reuse reduces the volume of the wastewater to be collected and treated and, hence, reduces the stress of public sewage lines and centralized wastewater treatment systems.

6.3 Good Practices in Design and Construction

Longer dimensions of buildings should face north and south (with a maximum deviation of 50 off north) and shorter dimensions should face east and west. In multistoried apartments, the sides having openings should face either north or south

CHAPTER 6


A building designed according to solar path remains comparatively cool in summers

and warm in winters, thus obviating the need for artificial heating or cooling For external lighting, 50% - 100% of outdoor lighting should be based on solar

photovoltaic alone or in combination with other renewable sources of energy such as biomass

The switches used for outdoor lighting generally do not take seasonal variation or a timer should be used that is sensitive to seasonal variations and adjusts on the basis of actual length of day/night

Solar passive buildings are designed to provide thermal and visual comfort by using natural energy sources and sinks like solar radiation, outside air, wet surfaces, vegetation and so on. The solar passive buildings have potential to reduce energy demand by 5% - 20%

Roof is the largest source of heat gain, especially in low-rise buildings. Hence, proper treatment of roof is necessary to reduce heat gains during daytime. Treatment of roofs provides comfort levels and reduces cooling loads inside a building. Thermally insulating the roof reduces the U-value (thermal conductivity) for the roof section. All exposed roof shall have a maximum U-factor of 0.261 W/m2 0C or a minimum R-value (the measure of its resistance to heat flow. The higher the R-value, the more the material insulates. It is the reciprocal of U-factor) of 3.5 m2 0C/W

Optimal use of glass to reduce the electricity consumption and load on air-conditioning. If necessary, use high quality double glass with special reflective coating in window should be planned

All heating and cooling equipment should meet the minimum efficiency requirements, as specified in the ECBC (Energy Conservation Building Code), 2007

Solar water heating system should be explored. A solar water heater uses the energy from sun to heat water, which is used for different applications such as bathing, washing, cooking. The overall potential of solar water heating in India is estimated as 140 million sq.meters and about 1 million sq.meters of solar collector area has been realized

Water saving fittings should be planned. An old single flush toilet could use up to 12 liters of water per flush, while a standard dual-flush toilet uses just a quarter of this on a half-flush

Use of electronic flushing system or magic eye sensor can further reduce the flow of water to 0.4 liter per flush, and waterless urinals use no water

A standard showerhead may use up to 25 liters of water per minute, whereas water-efficient showerhead might use as little as 7 liters of water per minute which is less than a third of that consumed by standard showerhead

Grey water after treatment should be explored for landscaping purpose in order to conserve fresh water intake. If no grey water or waste water treatment is undertaken on the site, the total landscape water requirement per annum should not exceed the total amount of rainwater collected per annum

Water demand in landscape should be reduced by planting native and low water consuming plants

Providing dual plumbing system for separating wastewater and grey water and for using treated grey water should be explored. A wastewater treatment system should be provided only where sewerage network with STP is not available. In all the cases grey water recycling should be explored

Construction and demolition waste management plan should be drawn


Waste should be segregated in to biodegradable and non biodegradable and proper

disposal plan should be prepared. All recyclables should be sent to recycling units. Should explore composting, vermin composting etc., to dispose biodegradable waste

Re-use of swimming pool discharge water for toilet flushing purpose etc,. 6.4 Locations of the Septic Tanks A sub-soil dispersion system shall not be closer than 18m from any source of drinking water, such as well, to mitigate the possibility of bacterial pollution of water supply. It shall also be as far removed from the nearest habitable building as economically feasibl

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