Compounding of Offences and Payment of Administrative Penalty Rules, 2015

REGISTERED No. M-302 of -taaltistan EXTRAORDINARY PUBLISHED BY AUTHORITY KARACHI, FRIDAY, OCTOBER 16, 2015 PART II Statutory Notifications containing Rules and Orders issued by all Ministries and Divisions of the Government of Pakistan and their Attached and Subordinate Offices and the Supreme Court of Pakistan GOVE'~NMENT OF PAKISTAN MINISTRY OF CLIMATE CHANGE NOTIFICATION Islamabad. the 7th October, 2015 S.R.O. 103(KE)/2015 : In exercise of the powers conferred by section 31 of the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997). the Federal Government 1s pleased to make the following rules. namely . 1. Short title and commencement.- (1) These rules may be call~ the Compounding of offences and Payment of Administrative Penalty Rules 2015 (2) They shal come into force al once 2. Definitions.- ( t) In tnese rules. unless there is anything repugnant m the subJect or context, (a) · accused means the person or organizauon agamsl whom a complaint has been filed m Environmental Tribunal or before the Environmental Magistrate, (991) Price · Rs. 10.50 992 THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 [PART II (b) "Act' means the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997); (c) "clean fund" means environment fund established under the Act, (d) "complainant" means the Pakistan Environmental Protection Agency or Goverhment Agency or Local Council or an aggrieved person who has filed the complaint under the Act; {e) "loss assessment report" means an inspection and assessment report of loss caused to the environment: · (f) "loss" means any damage occurred to environment and persons due to adverse environmental effects; (g) · committee" means the committee for environmental damages assess ment and confirmation committee constituted und1\!r rule 4; (h) "complaint• means a complaint filed in Environmental Tribunal under sub-section (3) of section 21 of the Act or before the Environmental Magistrate under sub-section (3) of section 24 of the Act, as case may be; (i) "Director General" means the Director General of the Federal Agency appointed under sub-section (2) of section 5 of the Act; (j) "offence" means any violation of provisions of the Act and rules and regulations made thereunder; and (k) "Schedule" means a Sche9ule to these rules. (2) All words and expressions used but not defined herein shall have the same meanings as are assigned to them in the Act: 3. Application to Director General for compounding of offence.- (1) An accused may file an application to the Director General for compounding of offence in accordance with the Form-A in Schedule-I. The application under Sub rule{ 1) shall be accompanied by duly signed and verified affidavit ·on a stamp paper of fifty rupees in accordance with Form-8 of Schedule-I. (2) Relevant details of the application under sub-rule(1) shall be entered in the register maintained by the Director-General or an officer designated by him and acknowledgment of receipt thereof shall be issued to the accused in accordance with F orm-C of Schedule-I. 4. Establishment of environmental damages assessment and confirmation committee. - (1) For the purpqse of inspection and assessing environmental P,,RT II] THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 993 damages, the Director General. shall constitute an environmental damages assessment and confirmation commrttee comprising . (a) Director (lab/NEQS), Pakistan Environmental Chairperson: Protection Agency, (b) Deputy Director (R&I), Pakistan Environmental Secretary; Protection Agency; (c) Assistant Director ( legal I Enforcement), Pakistan Member, Environmental Protection Agency; and (d) Representative of Islamabad Capital Territory, Member; Islamabad. (2} The committee shall be responsible to visit the site and carryout inspec tion, assess damages according to the Act and submit its report to the Director General clearly stipulating the amount of damages for the role of rehabilitation of these damage caused. 5. Approval of compounding of offence.- (1) On the receipt of the report under sub-rule (2) of ru le 4, the Director General may approve compounding of the offence subject to the permIssIon of the Environmental Protection Tribunal or Environmental Magistrate, as the case may be. (2) If the Director General disagrees with report under sub-rule (2) of rule 4, he may, after recording reason, refer the case back to the committee for re-consideration. (3) The committee shal re-consider the case and again submit report to the Director-General within seven days and thereafter the Director General shall approve the same. (4) After approval of the Director General the case shall be sent to Environmental Protection Tribunal or Environmental Magistrate, as the case may be, within one week tor permission by the Environmental Protecllon Tribunal or Environmental Magistrate. After the permission is granted, the casl shall stand compounded. 6. Show cause notice for payment of administrative penalty.- (1) Subject to sub-rule (2) where the Director General or any other officer o! the Agency authorized by him on the basis of information received from authentic sources or investiga tion made by authorized officer of the Agency Is of the opInIon that a person has contravened any provision of the Act he or the authorized officer may serve upon such person a show cause notice in accordance with Form-A of Schedule-II , to show cause why he should not be required to pay to the Agency an administra tive penalty in the amount set out in the notice for each day the contravention continues, as provided in sub-section (7) of section 17 994 THE GAZETTE OF PAKISTAN EXTRA, OCTOBER 16, 2015 (PAR- II 7. Imposition of administrative penalty.- (1) In case of contraven!Jon of the provisions of tile Act. the Director General may refer the case to the committee for verifying the contravention and assessment of the damage for according administrabve penalty. (2) On the receipt of report, Director General shall issue notice for payment of adm1mstrat1ve penalty wrthin thirty days in case of failure. the case shall be referred to Environmental Protection Tribunal or Environmen:al M::1915.fr;:itP.. ;:is the case may be. 8. Amount of administrative penalty.- (1) The amount of adm1mstrat1ve penalty required to be paid under a notice issued under rule 7 shall be determined 1n accordance with the Tables A, B and C of Schedule-IV keeping 1n view of the extent and duration of the contravention and the prevailing circumstances. but shall not; (a) in the case of a continuing contravention punishable under sub-section ( 1) of section 17, be less than hundred thousand rupees for every day the contravention continues; and (b) in case of a continuing contravention punishable under sub-section (2) of section 17, be less than ten thousand rupees for every day the contravention continues . Provided that the amount of administrative penalty mentioned 1n the notice under rule 7 shall not exceed the amount mentioned in the show cause notice under rule 6. 9. Deposition of the fine.- The amount recovered as fine shall be deposited m the Clean Fund after approval by the Director General, 10. Maintenance of registers .- (1) The Director-General shall be responsible to maintain. (a) a register, on the format as set out in Form-A of Schedule-Ill, containing relevant details of all applications to compound offences received under rule 3: and (b) a register, on lhe format as set out in Form-8 of Schedule-Ill. containing relevant details of notices for payment of administrative penalties issued under rule 7 (2) The registers maintained under sub-rule ( 1) shall be open for inspection of the public during office hours PA,.l IIJ THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16 2015 995 SCHEDULE I Form A (see rule 3(1 )I The Director General, Pakistan Environmental Protection Agency Islamabad Dear Sir Subject :- APPLICATION TO COMPOUND OFFENCE I. (name] son/daughter/wife of (name) resident of (address] hereby request to compound the offence under secllon of the Pakistan Environmental Protection Act, 1997 (the Act) In respect of wh ich complaint No filed on (date] against me before the Environmental Tribunal/Environ mental Magistrate (place} For this purpose I would like to pay, by way of compensation, a sum of Rs to you/the complaint for the inJury/loss/damage caused by commission of the offence. I am also wIlhng to pay all your/the complainant's cost in respect of the complaint, mclud ng costs of investigations, if any Acceptance / agreement of complainant 1s appended below (delete. 1f complainant Is Federal Agency). I declare that I have never previously been convicted under the Acl or compounded an offence undere the Act. or paid an administrative penalty in respect of a contraven!lon of any provIs1on of the Act My affricative 1s attached Perm1ss1on of the Environmental Tribunal/Envi ronmental Magistrate for composition of the offence may please be obtained as provided under the Act and the rules made thereunder Your faithfully, (Signature of accused) Dated I hereby accept the above mentioned offer of compensation and agree to the proposed compos1t1on of the offe,ce lComplamantJ Dated 996 THE GAZETTE OF PAKISTAN, EXTRA OCTOBER 16, 2015 [PA.<iT II Form B (See rule 3(1 )] Affidavit of accused. I, [name] son/daughter/wife of {name], resident of {address], do here.by solemnly affirm and declare that (1 ). I have requested the Director-General, Pakistan Environmental Protection to compound the offence under section of the Pakistan Environmental Protection Act, 1997 the (Act) in respect of which complaint no. was filed on [date) against me before the Environmental Tribunal/Environmental Magistrate, (place) (2). For this purpose, I would like to pay, by way of compensation. a sum of Rs. to the Director General/the complainant for the 1nJury/loss/ damage caused by commission of the offence. I am also willing to pay all of the Director-General/the complainant's costs in respect of the complaint, including costs of investigations, if any (3). I declare that I have never previously been convicted under the Act, or compounded an offence under the Act, or paid an adminstrative penalty in respect of a contravention of any provision of the Act. Deponent Verified on oath at that the contents of the above affidavit are true and correct to the best of my information, knowledge and belief. Deponent PART II) THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 997 Form c (See rule 3 (2)) Acknowledgement of receipt Pakistan Environmental Protection Agency Acknowledgement of receipt Receipt is hereby acknowledged of application filed by (name) son/daughter( wife of (name], resident of (address) containing offer of compensation of Rs. to compound the offence under section of the Pakistan Environmental Protection Act, 1997 in respect of which complaint no. was filed on before the Environmental Tribunal/Environmental Magistrate (place J No: (of acknowledgement of receipt) Date:. (of receipt of applicabon Director-General Serial no. of Register 998 THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 (PART 11 Form D [See rule 5 (1)] Applicat ion to Environmental Tribunal or Environmental Magist rate for permission to compound an offence. Before the Environmental Tribunal (place] or Environmental Magistrate (place] Complaint no. of. vs [Name of complainant) (Name of accused] APPLICATION UNDER SECTION 17(6) OF THE PAKISTAN ENVIRONMENTAL PROTECTION ACT, 1997 FOR PERMISSION TO COMPOUND THE OFFENCE it is respectfully stated that: ( 1) The accused against whom the titled complaint under section of the Pakistan Environemental Protection Act 1997 has been filed has, vide application dated attached herewith , requested for composition of the said office. (2) The application fulfils the requirements of the said Act and rules made thereunder that (a) The application dated has been filed in the prescribed form by the accused on (date] within days of the filing of the complaint on [dateJ (b) The accused has offered tc pay a sum of Rs by way of compen sation for the injury/loss/damage caused by the commission of the offence, the offer is acceptable. (i) the Pakistan Environmental Protection Agency keeping in view the extent and duration of the contravention of, or failure to comply with, the provisions of Section constituting the offence. and the attendant circumstances; and (ii) the complainant, as per his acknowledgement on the apphcation of the accused ( delete if inapplicable}. (c) The accused has also agreed to pay all costs in respect of the complaint. including costs of investigation, which have been calculated at Rs It is requested that perm1ss1on :o compound the offence in respect of which the titled complaint has been filed nay be granted and the complaint ordered to be withdrawn on payment by the accused of the sums detailed 1n clauses (b) and (c) above, by a specified date Date. - ( Director-General) or Authorized Officer Pakistan Environmental Protection Agency PART II} THE GAZETTE OF PAKISTAN, EXTRA OCTOBER 16. 2015 999 To Dear Sir SCHEDULE II Form A [See rule 7 (1)/ Show cause notice for payment of administrative penalty Pakistan tnvIronmen1aI Prutec~on Agency SHOW CAUSE NOTICE 1. On the basis of 1nformahon rece,ved/invesbgahon made, I am of the opinion that you have prima facie contravened the provIs10ns of section of the Pakistan Environmental Protecbon Act, 1997 (the Act) on (date) at (ume) at (place) 2 In the circumstances I, hereby call upon you to show cause why I should not, in exercise of powers under sub-section (7) of secbon 17 of the Act. require you to pay to the Pakistan Environmental Protection Agency adminstrative penalty to the amount of Rs. for each day the contravention conbnues. Please note that 11 you pay the afun:1 sa,d administrative pcn.ilty, you will not be ch,irged under the Act with an offence In respect of the contravention 3 Your rep\y should reach the undersigned within seven days of receipt of this notice, fallinb which rt shall be presumed that you do not wish to contest the matter and I shall proceed to issue you nobce to pay the aforesaid administrative penalty wrthout further reference Director-General 1000 THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 (PART II To SCHEDULE II Form B [See rule 8 (1)] Notice for payment of administrative penalty Pakistan Environmental Protection Agency Dated · Notice for payment of administrative penalty Whereas on the basis of information received/investigation made I, have formed the opinion that you had prima facie contravened the provisions of section. of the Pakistan Environmental Protection Act, 1997 (the Act) on (date} at (time] at (place}. And 111/hereas in response to show cause notice dated issued by me, you have furnished reply dated. to the following effect And Whereas after carefully considering you written reply dated and having granted you an opportunity of personal hearing on , I have come to the conclusion that your reply is liable to be rejected for the following reasons Now Therefore, in exercise of the powers under sub-section (7) of section 17 of the Act, I hereby issue notice requiring you to pay to the Pakistan Environmental Protection Agency within, days of receipt hereof an admm1stative penalty in the amount of Rs. Please note that if you pay the administrative penalty by the due date, you will not be charged under the Act for an offence in respect of the contravention. However, in case you fail to make payment, I shall initiate appropriate proceedings against you in respect of the contravention in accordance with law. {Director-General) or Authorized Officer Pakistan Environmental Protection Agency. g "' -0 N <D a: w en ~ 8 ~ t (/) 52 ~ u. 0 w ~ ~ w ~ ~ rf Sr No. (1) Acknowledge ment of receipt No and date (2) Name. parcentage and address of accused I applicant . (3) SCHEDULE Ill Form A [See rule 10(1 )1 Register of applications to compound offences Amount Complaint Section of Name. Costs in offered as No. and Pakistan parcenlage respect compensa- date of filing Environmental and address of tion Protection Act. of com- complaint 1997. under plainant which filed (4) (5) (6) (7) (8) \ ' Date of Date of Date of pay application order of ment by to Environmen- accused I Environ men- tal Tribunal withdrawal of tal Tribunal or complaint or Environment Environment al al Mag,stralc Magistrate or date of reieclon by 00 (9) (10) (11) = :, 0: .,, -0 N <O a: w CD ~ 8 ! z ~ en :.: a: ~ w ~ w ~ 8 Sr No. (1) Name. Date or parcentage issue of and address show cause of person to notice whom show cause not,ce issued (2) (3) SCHEDULE Ill Form B [See rule 10(1)] Register of notices for payment of administrative penalty Section or Amount of Date of reply Date of issue Amount of Date specified Date Pakistan Adminis- of notice of administra- ror payment of administrative Environ- trative penal date of live penalty penalty penalty mental ty mentioned acceptance mentioned In paid or of reply Protection Act, in show notice date or 1997 said to cause notice initiatio n of have been proceedings contravened (specify nature) (4) (5) (6) (7) (8) (9) (10) 8 0 ~ It) ~ 0 NI «i A. a:: ~ I B. f2 8 g ;i ~ Cl) 52 a: u. 0 i w ~ :;; ~ • SCHEDULE IV {See rule] TABLE -C ADMINISTRATIVE PENALTY ON VIOLATION OF NATIONAL ENVIRONMENTAL QUALITY STANDARDS (NEQS) FOR MUNICIPAL ANO LIQUID INDUSTRIAL EFFLUENTS (MG/I UNLESS OTHERWISE DEFINED) ADMINISTRATIVE PENALTY ON VIOLATION OF NEQS RELATED TO MOTOR VEHICLE EXHAUST ANO NOISE. 1 For each parameter, pollution load will be calculated in accordance with the following formula : Pollubon Load ( PL) (for individual parameter) Where ·. = (C-S) X RXD ux 1000000 C = Pollution concentration (mg/m3) in effluenUemission S = NEQS for the pollutants (mg/m3) R = Flow rate (m3/day) D = Total number of opera ting days I year U = Pollution unit (kgs) - obtain value from the following, tables : PL = Pollution load Pollution Units (U) for Liquid Effluents : 1004 THE GAZETTE OF PAKISTAN, EXTRA OCTOBER 16, 2015 {PA~T II S. No. Parameter Pollution Unit (U) (1) (2) (3) 1 Biochemical oxygen demand (BOD) 50 kg 2 Chemical oxygen :lemand (COD) 50 kg 3. Total suspended solids (TSS) 50 kg 4. Total dissolved solids (TDS) 50 kg 5 Grease and oil 3 kg 6. Phenolic compounds 100 g 7 Chlonde (as C 1) 10 kg 8. Fluonde (as F) 500 g 9 Cyanide (as CN) total 20 g 10 An-ionic detergents (as MB As) 100 g 11. Sulphate (SO) 50 g 12. Sulphide (s) 300 g 13. Ammonia (NH) 500 g 14. Pesticides 20 g 15. Cadmium 100 g 16. Chromium (trivalent and hexavlent) 500 g 17 Copper 1000g 18 Lead 500 g 19. Mercury 20g 500 g 20. Selenium 500g 21 Nickel 1000 g 22 Silver 1000 g 23 Z1ne 20 g 24 Arsenic . 1000 g 25 Barium 10009 26 Iron 1000 g 27 Manganese 1000 g 28 Boron 500 g 29 Chlorine \ PART II) THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 1005 S. No. Parameter Pollution Unit (U) ( 1) (2) (3) 1 Particulate matter 250 Kg (a) t!o11ers ano Furnaces 150 kg (1) Oil Fired 250 kg (ii) Coa Fired (iii) Cement Kiln: or 100 kg (b) Grinding, crushing, clinker coolers and related processes, metallurgical processes, 250 kg converters, blast furnaces and cupolas. 2. Hydrogen chloride 200 kg 3. Chlorine 50 kg 4. Hydrogen fluoride 200 kg 5. Hydrogen sulphide 200 kg 6. Sulphur oxides 200 kg 7. Carbon monox1ce (CO) 400 kg . , 8 Lead 100 kg 9. Mercury 100 kg ,o Cadmium I 100 kg 11 Arsenic 100 kg 12 Copper 100 kg 13 Antimony 100 kg 14 Zinc 100kg 15. Oxides c;,f nitrogen 200 kg 1006 2. THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16, 2015 (PART II (i) Penalty rate (11) Penalty rate . Rs 50,000 (Liquid) per unit of Pollution Load (PL). Rs 25000 (Gaseous) per unity of Polluhon Load (PL). Penalty for ind1v1dual NEQS = Pollution load X penalty rate per parameter 3 Total penalty = Sum of penalty for individual NEQS parameter 4 Penalty on violation of NEQS for motor vehicular exhaust and noise shall be upto Rs. 1000/-. C. A DMINISTRATIVE PENALTY ON VIOLATION OF SECTION 12 OF THE ACT. Penalty on v1olabon of section 12 (lrnbal environmental examina!Jon and environmental impact assessment) of Pakistan Environmental Protection Act, 1997 shall be upto Rs. 1000,000/ D. ADMINISTRATIVE PENALTY ON VIOLATION OF SECTION 14 OF THE ACT. Penalty on violation of section 14 (Handling of hazardous substances) of Pakistan Environmental Protection Act, 1997 shall be upto Rs. 100,000/ [No. F.1(6)2001-UE). ABDUL SHAKOOR, Deputy Secretary (Admn.). PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAXJSTAN PRESS. KARACHI PUBLISHED BY THE DEPUTY CONTROLLER, STATIONERY & FORMS, KARACHI