SinhalaSriLankaTamil-SriLanka

Implementation of Environmental Protection License Scheme

The Environmental Protection License (EPL) is a regulatory/legal tool under the provisions of the National Environmental Act No: 47 of 1980 amended by Acts No 56 of 1988 and No 53 of 2000. Industries and activities which required an EPL are listed in Gazette Notification No 1533/16 dated 25.01.2008. Industries are classified under 3 lists i.e., List "A","B" and "C" depending on their pollution potential.

Part "A" comprises of 80 significantly high polluting industrial activities and Part "B" comprises of 33 numbers of medium level polluting activities. EPL for industries in lists "A" and “B” have to be obtained from the relevant Provincial Offices or District Offices of the CEA.

Part "C" comprises of 25 low polluting industrial activities which have been delegated to Local Government Authorities, namely Municipal Councils, Urban Councils and Pradeshiya Sabhas. EPL for the industries in List "C" has to be obtained from the respective Local Authorities. The Local Authorities carry out issuing of EPLs and related functions such as follow up, monitoring and law enforcement.

Objectives of the Environmental Protection Licence (EPL)

  • To prevent or minimize the release of discharges and emissions into the environment from prescribed (industrial) activities in compliance with national discharge and emission standards.

  • To develop an approach to pollution control that considers discharges from prescribed (industrial) processes to all media (air, water, land) in the context of the effect on the environment.

  • To contain the burden on industry, in particular by providing guidance on pollution control for polluting processes.

  • To ensure that the system responds flexibly both to changing pollution abatement technology and to new knowledge such as cleaner production, waste minimization etc.

Validity Period of an EPL

  • Prescribed industrial activities coming under List A-Maximum of one year from the effective date of the Licence.

  • Prescribed industrial activities coming under List B-Maximum of three years from effective date of the Licence.

  • Prescribed industrial activities coming under List C-Maximum of three years from the effective date of the Licence

Standards and Criteria

Section 23 A of the National Environmental Act (NEA) explicitly states that no person shall carry out any prescribed activity except under the authority of an EPL and in accordance with such standards and other criteria as may be prescribed under the Act.

The standards for discharge of wastewater into the environment were published in the Gazette Notification No. 1534/18 dated 01/02/2008 termed as the National Environmental (Protection & Quality) Regulations No 01 of 2008.
Wastewater Discharge Standards

Standards were also gazetted for the control of noise emissions from industries by the Gazette Notification no. 924/12 dated 23.05.1996 termed as National Environmental (Noise Control) Regulations No. 01 of 1996.
National Environmental (Noise Control)Regulations 1996

Interim standards on vibration control are being imposed on the following vibration causing activities until such time the final vibration control standards are gazetted.

Interim standards for vibration of the Oparation of Mechinery, Construction Activities and Vehicle Movements Traffic

Interim standards on Air Blast Over Pressure and Ground Vibration for Blasting Activities

Standas for Inconvenience of the occupeants in buildings

Note:

The CEA may by a direction impose more stringent standards and criteria than those stipulated at present in respect of any particular industry, operation or process, having regard to the need to protect the receiving environment.

Procedure on Issuing EPL for Industrial activities

Environmental Protection Licences for industries in List “A” and list “B” in Gazette Notification No:1533/16 dated 25.01.2008is issued by the relevant Provincial/District offices of the CEA while Environmental Protection Licences for in the List “C” is issued by the relevant Local Authority.

Procedure for issuing an EPL for industrial activities in List A and List B.

  • Step 1: Application Procedur

EPL application is published in the Form A of the schedule II of the Gazette Notification No. 1534/18 dated 01/02/2008
The application form could be obtained from the CEA Headquarters, Provincial and District Offices. It could be downloaded from the CEA website www.cea.lk

Duly filled application shall be submitted for each prescribed activity to the relevant Provincial Office or District Office of the CEA.
The applicant must provide all the particulars requested in the application form and submit to the PO or DO with following supporting documents.

  1. Certificate for the Registration of Business

  2. Legal authorization to use the land for the particular industrial activity. (Copy of deed, copy of the Lease agreement of the land etc.)

  3. Copy of Survey Plan of the land.

  4. Legal authorization for establishing the particular industry at the site. (Certificate of Conformity/Trade License or Consent paper from relevant LA)

  5. Production Certificate necessary for specific products. (Distilleries, medicinal products, pesticide manufacturing etc.)

  6. Proposal for pollutant abatement.

  7. Any other detail/document requested by the Authority

 

  • Step 2: Pre-Evaluation of the Application

Relevant Provincial/ District office of the CEA will pre-evaluate to check the relevancy of issuing the EPL, the adequacy of the details furnished and to determine the inspection fee to be requested. Then the application will proceed to step 3 and the rest go back to the step 1.

  • Step 3: Determination and payment of inspection fee

Based on the details furnished by the industrialist, the relevant Provincial/District Office decides the amount of the inspection fee to be paid and a written request will be made to the industrialist. At present minimum amount is Rs: 3360/- and maximum amount is Rs: 11200/-(with government approved Tax)
The industrialist has to make such payment to the relevant Provincial/District Office, Head Office or any other Provincial/District office of the CEA. After the payment is made the receipt should be submitted to the relevant Provincial/District Office. Once the receipt is received, proceed to the step 4.

  • Step 4: Field Inspection

A team of officers will carry out a field inspection in order to assess the data furnished in the application with respect to the industry and to decide the possibility to operate such industry with controlling pollution.

  • Step 5: Inspection Report with Recommendations

Inspection team will prepare a report based on the field inspection details regarding the industry, technical reports provided by the applicant and social aspects along with their recommendations. If the site is recommended proceed to step 6

If the recommendation suggested requesting a proposal for additional pollution control measures, the industrialist will be informed to fulfill such request. Decision to issue the EPL will be made based on the evaluation of the additional details provided by the applicant. Proceed to step 6.

If it is decided to refuse issuing of the licence, the applicant will be informed accordingly.

According to the provisions of the National Environmental Act, any applicant for a licence who is aggrieved by the refusal by the Authority to grant a licence may within thirty (30) days, after the date of notification of such decision to him/her, appeal in writing against such decision, to the Secretary of the Ministry of Environment.

  • Step 6: Approval for issuing EPL

Authorized officers of the CEA grant approval for issuing of EPL based on the recommendation made by the inspection team and then Legal Division of the CEA grant legal approval for the draft conditions of the EPL.

  • Step 7: Licence Fee

Once the legal approval is granted; the industrialist is requested to pay the Licence Fee so as to enable the CEA to issue an EPL for the industrial activity.
Details of Licence Fee

  1. Industrial activities in List A-Rs: 7,500.00 per Licence / for not more than one year
  2. Industrial activities in List B-Rs:-6,000.00 per Licence/for not more than 03(three) years.
  • Step 8: Issuing EPL

Once the licence fee is paid the licence will be issued with the signature of the authorized signatory for a period of time not more than the period as specified in the gazette. List "A"- one year; Lists "B" and "C" three years

Procedure on Issuing EPL for Industrial activities in the List C

Issuing of EPL for the industrial activities in the List "C" was delegated to the Local Authorities (Municipal Council, Urban Council, and Pradeshiya Sabha) with effect from 14.02.2008
Under mentioned procedure is applied, when issuing an EPL for industrial activities in the List "C".

  • Step 1: Application Procedure

EPL application is published in the Form A of the schedule II of the Gazette Notification No. 1534/18 dated 01/02/2008
The application form could be obtained from the Provincial, District Offices of CEA. It could be downloaded from the CEA website - www.cea.lk
For the purpose of applying a duly filled application shall be submitted for each prescribed activity to the relevant Local Authority where the industry is located.
The applicant must provide all the particulars requested in the application form.

  1. Certificate for the Registration of Business

  2. Legal authorization to use the land for particular industrial activity. (Copy of deed, copy of the Lease agreement of the land etc.)

  3. Copy of Survey Plan of the land.

  4. Production Certificate necessary for specific products. (distilleries, medicinal products, pesticide manufacturing etc.)

  5. Proposal for pollutant abatement.

  6. Any other detail/document requested by the Authority
  • Step 2: Pre-evaluation of the Application

Relevant Local Authority will pre-evaluate the relevancy for issuing of EPL, the adequacy of the details furnished and determine the inspection fee to be paid.

  • Step 3: Determination and payment of inspection fee

Based on the details furnished; the relevant Local Authority decides inspection fee to be paid by the industrialist and written request will be made to the industrialist to make such payment. Payment is to be made to the Local Authority. Once the payment is made a receipt should be obtained from the Local Authority. When the receipt is received, proceed to the step 4.

  • Step 4: Field inspection

An Inspection team will carry out field inspection in order to assess the data in the application with respect to the proposed industry and to determine the suitability of the site for the particular industrial activity.

  • Step 5: Inspection report and Recommendation

Inspection team prepares a report based on the field inspection, concern literature, technical reports provided by the applicant and social aspects including their suggestions. The report that is prepared by the Inspection team is submitted to the Technical Evaluation Committee (TEC). The committee is appointed by the respective Local Authority. Responsibility of the TEC is to advise Local Authority in subject of licensing procedure. Divisional Environmental Officer of the Provincial/ District office of the CEA who are assigned to the respective Local Authority area functions as the Secretary to the TEC.

  • Step 6: Technical Evaluation Committee

The TEC make their recommendation based on the report that is received from the Inspection team and other relevant documents related to the industry.

The TEC may decide to carry out a field inspection by them; the next step will be taken based on the inspection report of the TEC.

If the recommendations of the TEC suggested requesting proposal for additional pollution control measures; the industrialist will be informed to fulfill such request and proceed to the step 7 will be decided based on the evaluation of the additional reports provided by the applicant.

If the TEC recommends to refuse granting EPL the applicant will be informed accordingly. According to the provisions of the National Environmental Act, any applicant for a licence who is aggrieved by the refusal by the Local Authority to grant a licence, may within thirty (30) days, after the date of notification of such decision to him/her, appeal in writing against such decision, could be forwarded to the Secretary of the Ministry of Environment.

  • Step 7: Approval for issuing EPL

Authorized person of the Local Authority grants approval for issuing of EPL based on the recommendations made by the inspection team and TEC.

  • Step 8: Licence Fee

Once the approval is granted; the industrialist is requested to pay the License Fee; so as to enable the Local Authority to issue an EPL for the industrial activity.
Industrial activities in List C - Rs. 4,000.00 per Licence/for not more than 03(three) years.

  • Step 9: Issuing EPL

Once the license fee is paid the license is issued with authorized signatory for maximum of three years.

Renewal of EPL

(A) Renewal of the EPL FOR activities in list "A" and List"B"

An EPL renewal application has to be forwarded for each prescribed activity

  1. Before three months prior to the date of expiry of the EPL.
  2. Before one month effecting any changes alterations or extensions to the activity.
  • Step1: Application procedure

EPL Renewal application is published in Gazette notification no.1534/18 of 01/02/2008 also it could be obtained from CEA Head office, PO/DO., and It could be down loaded from CEA website www.cea.lk
Duly filled application shall be submitted for each prescribed activity to relevant PO or DO.

  • Step: 2 Field Inspections
  1. A team of officers of CEA will carry out a field inspection to ascertain whether the conditions stipulated by the previous EPL are violated.

  2. It is not necessary to pay inspection fee for the inspection carried out in order to EPL renewal.

  3. The applicant/industrialist will be informed to have relevant pollution control measures if the violation of conditions observed.

  • Step 3 Licence fee for the renewal

The license fee for any renewal of EPL is same as previous EPL, and the validity period of the renewal is mentioned in the licence.
After the payment of the EPL fee issuing of the licence will be considered.

(B) Renewal of the EPL issued by a Local Authority (L/A) - Activities in list "C"

The CEA is not in a position to renew an EPL issued by a L/A, and the industrialist has to apply to relevant L.A for renewal.
Follow up monitoring of Industrial Activities

Follow up monitoring of industrial activities is carried out to;

  1. Check the performance of pollution control systems established in the industry.

  2. Check whether the industry complies with conditions stipulated in the EPL.

  3. Check whether there is any change, expansion or alteration to the industrial process.

Monitoring activities are carried out by;

  1. Inspecting the industries at regular intervals.
  2. Going through the reports on wastewater analysis, noise/ vibration measurements and reports on efficiency/evaluation of pollution control systems adapted in an industrial activity.

In these instances the industrialists will be requested to consult reputed laboratories to obtain such test reports periodically, as may be indicated in the EPL.

Initiating Legal Proceedings against industries

Legal proceedings are adopted under part IV A of the NEA when;

  1. An industrial activity/ process acts in violation of any terms, conditions and standards stipulated in the licence.

  2. The prescribed industries who do not obtain an EPL

  3. A prescribed activity emits waste to the environment with out conforming to the stipulated standards.

If the industrialist continues to violate the conditions legal action will be initiated.

Legal Procedure includes following cause of actions

  1. Cancellation /suspension of EPL

  2. Rejection of application for EPL

  3. Hearing of appeals by the secretary of the Ministry of Environment.

  4. Sending Legal Notices

  5. Filing Cases.

Last Updated on Monday, 27 June 2016 04:58

infoactEng

envposter-eng

ReEBwaste

 epayment

weerawila

Latest News & Events

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
Local Tour for Environmental Pioneers The Environmental Education and Awareness Division of... Read more
Two Day Training Program on “Statistics for Environmental Research” The Research & Development Unit in collaboration with... Read more
The Chairman of CEA visited the Port City Project Site The  CEA with members of relevant line agencies... Read more
“Sustain Lanka” National Exhibition Concluded successfully “Sustain Lanka” is one of the main program of the present... Read more
CEA has released a report of Thin Polythene Raiding 2017 Manufacturing, trading and usage of any kind of polythene... Read more
Presidential Environment Awards 2017 Presidential Environment Awards 2017Central Environmental... Read more
World Environment Day -2017 World Environment Day -2017 In 1972 the United Nation... Read more
Sustainable Schools Promotion Program As a conceptual idea of H.E the President Maithreepala... Read more
Identifying of point sources of polluting Kelani River According to the reveal from the media, that Kelani River... Read more
Scheduled Waste Management Licensing in Hospital System As part of the implementing the Hazardous Waste... Read more
Mr. Hemantha Jayasinghe Appointed as new Director General for CEA Mr. Hemantha Jayasinghe appointed as the new Director... Read more