Panaji: The Ministry of Environment, Forests and Climate Change has issued standard operating procedure (SOP), to deal with environmental violations, that include shutting down projects and demolition of projects that have failed to acquire environmental clearance or are in non-compliance of the clearance they have received.
The SOP allows permissible projects that violated prior environmental clearance (EC) norms to apply for a fresh EC and undergo the appraisal process by MoEF&CC in case of category A projects and SEIAA in case of category B projects.
According to the office memorandum, the SOP is a result of a National Green Tribunal order dated May 24, 2021, which directed MoEF&CC to frame SOP for identification and handling of violation cases under EIA notification, 2006.
The SOP defines three different actions to be taken for violations depending upon the EC status. In case the project has not obtained EC, it will be ordered to shut its operations. If a project is expanded in capacity without requisite permissions, it will be ordered to revert the activity / production to the limit granted in the existing EC.
Thirdly, if prior EC was not required for the project but is now required under updated norms, then the project will have to restrict its production to the extent to which prior EC was not required till appraised again.
Only projects for example, a highly-polluting unit in an eco-sensitive coastal zone, which is in complete violation of environmental norms and was never eligible for grant of environmental clearance shall be demolished or closed after issuing a show-cause notice by providing an opportunity for being heard to the project proponent.
The projects which are found to be permissible and environmentally sustainable but violated prior EC norms will be asked to submit the complete EIA and the environmental management plan
report.
These projects will also be required to undertake damage assessment, remediation plan and community augmentation plan to restore the environmental damage caused by the project including its social aspects.
During the appraisal after examination, if it is found that even though the project may be permissible but is not environmentally sustainable in its present form then the project is allowed to be modified in such a manner that the project becomes environmentally sustainable.
The SOP has also made penalty provision for new projects and expanded projects in violation of environmental norms, which say for new projects where operations have commenced without EC, a penalty of 1 per cent of the total project cost and in addition 0.25 per cent of the total turnover during the period of violation will be levied. For a new project where operations have not commenced, the penalty will be 1 per cent of the total project cost.
In cases of expansion project violations, where operations have not commenced, 1 per cent of the total project cost incurred up to the date of filing of the application (for instance a fine of Rs 1 lakh for a project worth Rs 1 crore) will be levied. While for new projects where operation / production with expanded capacity has commenced without EC additional 0.25 per cent of the total turnover during the period of violation will be levied.