28.   Application for Consent:-Every application for obtaining consent of the Board for bringing into use any new or altered outlet for the discharged of sewage or trade effluent into a stream or well or beginning to make any new discharge or trade effluent into a stream or well under section 25, or for continuing as existing discharge or sewage or trade effluent into a stream or well or otherwise under section 26 shall be made to the Board in the format given in Schedule - I and shall be accompanied by fees specified in Schedule - II.
    (i) In the case of the existing industries the person/persons will make the application giving all particulars of his premises producing the effluent within 3 months of the constitution of the Board. This time limit may be extended by the Board from time to time according to exigencies.
    (ii) In the case of improvement to the existing facilities the person/persons shall make an application for the consent of the Board which will be deemed as a new application.
    (iii) In the case of new discharges the person/persons shall submit the application giving the details of manufacturing process etc. indicated in the consent forms along with applications and designs of waste treatment facilities that are to be provided.
    (iv) The application forms may be obtained from the office of the Board on payment of Rs. 100 as application form fee.
    (v) On receipt of the application form by the Board, the Board may examine the proposed site or existing site and for any such details which may not have been elaborated in the application form.
    (vi) The applicant shall conform to the consent given by the Board and abide by instruction that are given in the Consent
    (vii) The Boards will have the right to revise its decision regarding the consent.
    (viii) The Board may alter, modify or include any particular condition in the consent, which has to be implemented by the applicant.
    (ix) In order to maintain a clean condition of the natural stream, the Board will have a right to inspect any premises and collect samples.
    (x) The Board may also make surprise checks of premises and the applicant shall render all assistance to such officers authorized by the Board in the performance of the inspection.
    (xi) The applicant shall submit periodical information and other reports if so desired in the consent given by the Board.
  2. The applicant for consent and authorization shall be made a time.
  3. No authorization shall be required in respect of industries which are not generating hazardous waste in the specified category and a statement to the effect that that are not generating hazardous waste in such category shall be sufficient for consideration of application for authorization.
  4. On receipt of application the State Board, as the case may be may grant consent (s) or authorization on co-terminus basis and depending upon the workload and convenience, different terminal dates may be granted.
28. Consent Processing:
    (i) The application for consent shall be processed by an officer below the rank of officer empowered to grant consent or authorization.
    (ii) The application for consent shall be processed within thirty days of submission of application to the officer empowered to grant consent or authorization.
    (iii) The period in respect of disposal of application for consent to establish shall be sixty days.
    (iv) The officer processing the application for consent shall make report on such processing to the officer empowered to grant consent or authorization in the format given in schedule - III
29. Frequency of inspection sampling and schedule of monitoring :-
    1. The officers of the State Board may chalk out the programme of inspection or sampling by their staff in such a manner that all the units are covered for vigilance and monitoring purposes.
    2. The charges for collection of sample and its analysis shall be recovered form the concerned units as may be approved by the Board.

The Board shall follow the minimal frequency of visit for the purpose of inspection and sampling as given in Schedule -IV.

Emergency:- In the case of emergency when water quality of the stream suddenly deteriorates the applicant shall co-operate with the Board and if necessary close down certain operations prevent and control pollution in the stream as a temporary measure under orders of the Board.

    4. The consent order shall specify the schedule of monitoring the effluent and/or emission, as the case may be.
    5. The industries shall build up their own capabilities to carryout monitoring of effluent and/or emission, as the case may be.
    6. In case of small units, services of laboratories recognized by
a) Central Government in the Ministry of Environment and Forests, or
b) the Central Pollution Control Board or
c) State Pollution Control Board shall be utilized for submission of monitoring reports to the Board.
    7. The Board shall assess the capabilities of laboratories regularly through a programme or Analytical Quality Control (AQC) exercise in collaboration with the Central Pollution Control Board.
    8. The Board shall decide stipulation of condition regarding installation of continuous monitoring system for point source emission and ambient air, noise and water (including ground water) in their industrial estates as part of infrastructure.
    9. The Director of Industries shall provide facilities for collection and disposal of treated effluent and for regular monitoring of ambient air, noise and water (including ground water) in their industrial estates as part of infrastructure.
    10. The Board may suggest suitable location (s), parameters and frequency of monitoring.
30. Procedure for making enquiry into application for consent:-
    (a) On receipt of any application for consent under section - 25 or section 26, the Board as per sub-section (3) of section - 25 may make any such enquiry as it may deem fit and for any such enquiry, may depute any of its officers, accompanied by any assistants as may be necessary to visit the premises of the applicant, to which such application relates, for the purpose of verifying the correctness of otherwise of the particulars furnished in the application or for obtaining such further particulars or information as such officer may consider necessary, such officer may for that purpose inspect any place where sewage or trade effluent is discharged by the applicant or treatment plants purification works or disposal system of the applicant and may require the applicant to furnish to him any plait, specifications and other data relating to such treatment plants, purification works or disposal system or part thereof, that the considers necessary.
    (b) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (a) above give notice to the applicant of his intention to do so in Form "A" The applicant shall accord such officer all facilities that such officer may very legitimately require for the purpose.
    (c) An officer of the Board may, for carrying out an inspection under such rule (a) above require that applicant to furnish to him orally or in writing such additional information or clarification, or to produce before him such documents as he may consider necessary for the purpose of investigation of the application and may for the purpose summon the applicant or his authorized agent to the office of the Board.
31. Power to take sample:- The Board or any officer empowered by it on this behalf small have the power to take for purpose of analysis samples of water from any stream or well or samples or sewage or trade effluent which is passing from any plant or vessel or from over any place into such stream or well.
32. Issue of consent order:-
    (1) The Board may issue the consent order for the period specified against each of the following category of industries:-
I. Red category of industries :Two years
II. Orange category of industries :Three years
III. Green category of industries :Five years
    (2) The consent or authorization order shall be issued or renewed in the format given in Schedule - V.
    (3) The Board may stipulate additional conditions, if any, in the appendix to the consent or authorization order.
33. Authorization: The Board shall with an objective of bringing in more transparency as well as expeditious clearing of the authorization and consents, authorize officers specified in schedule VI to exercise the power to grant consent or authorization in respect of industries stated therein.
34. Restriction to form of consent application.
The Central Govt, State Government, State Board shall provide information regarding restriction notified for certain areas and the river basins for regulation of sitting of industries and undertaking developmental projects along with the consent application for the information of the prospective entrepreneur.
35. Simplified consent for non -polluting industries
    (1) The Board shall in consultation with the State Government prepare a list of non-polluting industries in the category of small , cottage or tiny industries for grant of simplified consent.
    (2) The industries falling under sub-rule (1) of non-polluting type units, may be issued consent order for a period of ten years.
36. Industry data sheet
    (1) The State Board and their field offices shall use industries data sheet for consent management in the format given in Schedule -VII.
    (2) The Central Board may revise or review the format to sort out the difficulties if any, during the process of computerization.
37. Categorization of industries:
    The categorization of industries shall be made into Red Orange and green categories as given in Schedule-VIII for the purpose of consent management.
38. Form of Notice:-A notice under clause (a) of subsection (3) of Section-21 shall be as given in the form "B".
39. Form of report of "Board Analyst":-When a sample or any water, sewage or trade effluent has been sent for analysis to the laboratory established or recognized by the Board, the Board analyst, appointed under sub-section (3) of section 53 shall analyses the sample and submit to the board a report in triplicate in the form "C" of the result of such analysis as under sub-section (1)of section 22.
40. State Water Laboratory under Section -52 of the Act.
    (1) The State Water Laboratory shall analyze any samples of water, sewage or trade effluent received by it from any officer authorized by the Board for the purpose , and the findings shall be recorded in triplicate in Form No."D"
    (2) The State Government while specifying the laboratory / laboratories under clause 1 (b) of Section 52 of the Act may inspect them in advance and shall sop specify after having satisfied about their competence and sufficiency of personnel and equipments and other aspects. The report of such specified laboratories will be treated as strictly confidential under official secrecy Act and will be submitted to the Board by the Analyst, details of which will not be disclosed to any other person without specific permission by the Board.
41. Fees for Report:- Clause (b) sub-section (2) of section 52 of the Act.
The fees for such report shall be such as may be fixed by the Government from time to time.
42. Appellate Authority:
  (1) Composition - The (Appellate) Authority shall consist of three well-experienced persons nominated by the government.
    (i) One member be nominated from among retired High Court Judge of the High Court.
    (ii) One from experienced Engineer retired from the rank of not less than a Chief Engineer, or a private Engineer or Consultant of similar status and experience and having specialized knowledge and practical experience in respect of maters relating to use and conservation of water resources or the prevention and Control of Water Pollution.
    (iii) One from retired Principal of Medical College of the state or retired Director of Health Services with experience of health aspects of environmental pollution.

Educational qualification of Appellate officers:-

Minimum educational qualification of appellate officers should be graduated in science with Chemistry or a graduate in Engineer or medicine with a sound knowledge in Public Health/ Environmental Science and Technology. As regards the retired High Court Judge this minimum qualification will not apply.

43.   (a) Procedure:- Any person aggrieved by an order made by the Board under Section - 25,26 or 27 may within 30 days from the date on which the order is communicated to him prefer an appeal to appellate authority. After expiry of the said period of 30 days the appellate authority may entertain the appeal if such authority is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
    (b) On receipt or an appeal preferred under the sub-section (1) of section 28 the appellate authority shall after giving the applicant and Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.
44. Fee and Allowances:- members of the appellate body would receive the daily sitting fee and the DA and TA as would be prescribed by the government at the time of their nomination and appointment.
45.   (i) The board shall have a fund to be called Arunachal Pradesh sate pollution control board fund" to which all moneys received by the board shall be credited.
    (ii) The fund of the Board shall be operated by Member Secretary of the Board or in his absence by any officer of the Board who may be so empowered by the Board or its Chairman.
46. The Board shall incur expenditure out of the funds received by it in accordance with the instructions laid down under the General Financial Rules of the Central Government and other instructions issued by the government from time to time.
47. Opening of account with the state bank of India or otherwise as directed by the state government.
An account shall be opened with the State Bank of India, or otherwise as directed by he State Government at Itanagar in the name of the Board and such account shall be operated by cheque Rs.25,000/- . Cheques and payment orders above Rs. 25,000/- shall be signed by Member Secretary and countersigned by the Chairman.
The Chairman or Member Secretary shall endorse Cheques drawn in favour of the Board.
The Member Secretary shall receive all moneys paid to the Board. He may at any time retain in his hand a sum not exceeding five thousand rupees to meet the current expenditure of urgent nature.
48. Nothing in this chapter shall apply to a budget already finalized before commencement of these rules.
A cash book shall be maintained by the Member Secretary in Form No. F1
The Member Secretary shall immediately bring into account in the cash book all money received or spent by the Board.
In the month of August each year and not later than fifteenth of the month an estimate of the receipt and the expenditure of the Board for the ensuing year commencing on the 1st of April next and the revised estimates of receipt and expenditure of the Board for the curr5ent year shall be prepared by the Member Secretary in Form No. F (II, III, IV, V) and laid before the Board.
Such estimate shall make provision for the fulfillment of the liabilities of the Board and for effectively carrying out its objects. It shall include on its receipts side, besides all receipts ordinarily anticipated, grant likely7 to be made by the state government.
The Board shall consider the estimate so submitted to it and shall forward the same to the government with such modifications as the Board may deem fit by the first of October every year