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No.PCB/T4/115/97                                                                                                           13th March 1997

In accordance with the resolution adopted by the 109th meeting of the Kerala State Pollution
Control Board held on 28th January 1997, the following Statutory powers under the Water (Prevention
and Control of Pollution) Act, the Air (Prevention & Control of Pollution) Act and Amendment thereon are
entrusted  by empowerment/ delegation to the Chairman, Member Secretary and Officers of the Kerala
State Pollution Control Board with effect from 28th January 1997.

1.   Power to obtain information:
      
Empowerment u/s 20 (1) of Water Act and 25 of Air Act; Delegation u/s 20 (2) & (3) read with 12  (3B)
      of Water Act.

Chief Environmental Engineer            
Senior Environmental Engineer
           
Environmental Engineer

Assistant Environmental Engineer

Assistant Engineer.

2.   Power of Entry and Inspection:
     
Empowerment under  section 23 of Water Act and 24 of Air Act.

Chief Environmental Engineer
Senior Environmental Engineer
Environmental Engineer
Assistant Environmental Engineer
Assistant Engineer

3.   Power to take samples of effluents and emissions:
     
Empowerment u/s 21of Water Act and 26 (1) of Air Act.

Chief Environmental Engineer
Chief Environmental  Scientist,
Senior Environmental Engineer
Senior Environmental  Scientist
Environmental Engineer
Environmental  Scientist
Assistant Environmental Engineer
Assistant Environmental  Scientist
Assistant Engineer
Assistant Scientist

4.   Power to conduct enquiry on consent/NOC application:
     
Empowerment under rule 30 under section 25 (3) of  Water Act ; u/r 25 u/s 21 (3)  of Air Act;
      u/r 22; u/s 17 (1) of Air Act.

Chief Environmental Engineer
Senior Environmental Engineer
Environmental Engineer
Assistant Environmental Engineer

5.   Power to issue, refuse, withdraw or make  variations in consent:
     
Delegation u/se 25,26 and 27 read with 12 (3B) of Water Act and 21read with 15 of Air Act.
     
i)   Small scale industries and equivalent establishments:

First issue/refusal                             :       Member Secretary
Renewal/withdrawal/variation           :       Head of Regional/District Office.

      ii)   Large and medium scale industries with total capital investment upto Rs. 25 crore and
            equivalent establishments:

First issue/refusal and
withdrawal/variation                          :       Chairman
Renewal                                              :       Member Secretary

iii)  Large scale industries with total capital investment above Rs. 25 crore and equivalent establishments:

First issue/refusal and
withdrawal/variation and
renewal      :       Chairman

6.   Power to carry out/cause to carry out certain works:
     
Delegation u/s 30 read with 11A and 12(2) of Water Act.

i)   Chairman
ii)  Member Secretary
iii) Chief Environmental Engineer

7.   Power to take emergency measures:
     
Delegation u/s 32 read  with 11 A, 12 (2) and 12 (3B)  of Water Act and 23 read with 15 of Air Act.

i)     Chairman
ii)    Member Secretary
iii)   Chief Environmental Engineer
iv)   Senior Environmental Engineer
v)    Head  of Regional/District Office

8.   Power to give sanction to make application to Court for restrainment of pollution:
     
Delegation u/s 33 read  with 11 A, 12 (2) and 12 (3B)  of Water Act and 22 A  read with 15 of Air Act.

i)    Chairman
ii)   Member Secretary
iii)  Chief Environmental Engineer
iv)  Senior Environmental Engineer
v)   Head  of Regional/District Office

9.   Power to give  directions:
     
Delegation u/s 33 A read  with 11 A, 12 (2) and 12 (3B)  of Water Act and  31  A  read with 15 of Air Act.

i)    Chairman
ii)   Member Secretary
iii)  Chief Environmental Engineer
iv)  Senior Environmental Engineer
v)   Head  of Regional/District Office

10.  Power to give sanction to make application to Court:
       
Delegation u/s 49  read  with 11 A, 12 (2) and 12 (3B)  of Water Act and  43  read with 15 of Air Act.

i)    Chairman
ii)   Member Secretary
iii)  Chief Environmental Engineer
iv)  Senior Environmental Engineer
v)   Head  of Regional/District Office

11.  Power to issue on deny No Objection Certificate
       for setting up of new industry or expansion of existing  industry:
      
Delegation under rule 22 of Air Rules read with section 15 and 17 (1) (1) of Air Act.
      
i)  Small scale industries and equivalent establishments:

First issue/refusal and
withdrawal/variation                         :       Member Secretary
Renewal                                             :       Head of Regional/District Office.

       ii)  Large and medium scale industries with total capital investment upto Rs.25 crores and
             equivalent establishments:

First issue/refusal and
withdrawal/variation                        :       Chairman
Renewal                                            :       Member Secretary

       iii) Large scale industries with total capital investment above Rs. 25 crores and equivalent establishments:

First issue/refusal and
withdrawal/variation and
Renewal   :       Chairman

GENERAL

    i)   The notification is in super session of all previous notifications decisions on the subject

   ii)   All actions  taken so far in exercise of the powers cited shall be deemed to have been done in accordance
         with this notification and hence protected.

  iii)   All actions taken by officers in exercise of delegated powers/empowerment shall be subject to review and
         revision if necessary, by superior officers.

  iv)   All powers devolved by delegation/empowerment are also exercisable by the Member Secretary and
         further by the Chairman, notwithstanding the devolution to officers subordinate to them.

   v)   Equivalent establishments include panchayats at Grama, Block and District levels, Municipalities,
         Corporations, Institutions, etc. wherefrom discharge of effluent/emission takes place.


                                                                                                                               
MEMBER SECRETARY

 

 

Empowerment/Delegation of Statutory Powers