Section 21 of the Air (Prevention and Control of Pollution) Act 1981 prohibits the operation of industrial plants in "Air Pollution Control Areas" without the consent of the State Pollution Control Board (SPCB). Subsection (5) specifically lists the conditions that the Board can impose when granting this consent.
When a person is granted consent to operate a plant, they must comply with the following statutory conditions:
Installation of Control Equipment: The owner must install and operate control equipment (such as bag filters, scrubbers, or electrostatic precipitators) of a type approved by the State Board.
Existing Equipment: If control equipment is already installed, it must be altered or replaced if the State Board deems it necessary for better pollution control.
Maintenance: All pollution control equipment must be kept at all times in "good service" and proper working order.
Chimney Specifications: The industry must erect or re-erect chimneys of such specifications (height, diameter, etc.) as the State Board may approve to ensure proper dispersion of pollutants.
Other Conditions: The Board may impose "such other conditions" as it may deem necessary to ensure that the emission of air pollutants does not exceed the standards laid down by the Board.
Compliance and Penalties
Failure to comply with these conditions is a serious offence. Under Section 37, anyone who fails to comply with the provisions of Section 21 can be punished with imprisonment for a term of one and a half to six years, along with a fine.
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