Revamping Compliance Mechanisms: Environment Ministry Proposes Draft Notification Rules

In an effort to streamline compliance processes, the environment ministry in India has put forth draft notification rules aimed at expediting the lodging of pollution-related complaints and their resolution by adjudicating officers within states and Union territories. The objective is to reduce the burden on the judicial system and accelerate the resolution of such cases.

Under the proposed rules, adjudicating officers will be appointed by the Centre, either on its own or at the request of state governments and UT administrations, from among their secretary-rank officers. These officers will be provided with necessary resources such as manpower assistance, office space, and technical support to carry out their duties effectively.

While aggrieved parties will retain the right to appeal to the National Green Tribunal (NGT) if they are dissatisfied with the decisions or penalties imposed, the new compliance mechanism at the level of adjudicating officers is expected to streamline the process and reduce delays associated with court cases, according to an official.

Each state and Union Territory will have dedicated ‘presenting officers’ responsible for identifying instances of non-compliance or violations of the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974. These officers will then present the cases in detail to the adjudicating officers for appropriate action.

The ministry anticipates that the majority of cases will be resolved at the adjudication office level, ensuring faster compliance. The draft notifications were issued on July 19 and are open for public feedback for 60 days. The final rules are expected to be notified by late September.

In addition to the compliance mechanism, the ministry also introduced two separate draft notifications proposing the exemption of certain categories of industries (non-polluting industries classified under the ‘white’ category by the CPCB) from the requirement of prior consent to establish or operate under the aforementioned Acts.

The ministry justified these exemptions by stating that they would promote trust-based governance, simplify processes for businesses, and improve the overall business environment. Industries such as dairy, agriculture produce processing, handloom, solar power module production, and others fall under the ‘white’ category.