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It is submitted that the CPCB has issued following siting guidelines for poultry farms :
• 500 m from residential zone in order to avoid nuisance caused due to odour& flies
• 100 m from major water course like River, Lakes, canals and drinking water source like wells, summer storage tanks, in order to avoid contamination due to leakages/spillages, if any.
• 100 m from national Highway (NH) and 50 m from State Highway (SH)in order to avoid nuisance caused due to odour& flies.
• 10-15 m from rural roads/internal roads/village pagdandis
• The Poultry sheds should not be located within 10 m from farm boundary for cross ventilation and odour dispersion.
These siting guidelines have been issued for New Poultry Farms (Set up after issuance of Guidelines) and these should preferably be established in accordance to the said guidelines.
It is pertinent to mention here that the poultry farm is established at the site for the last 16-17 years with bird capacity @ 4000-5000.
Kindly peruse the legal opinion obtained by Regional Office, SGR from the SLO of the Board.
As per legal opinion given :
1. The poultry farm is operating for the last 16-17 years with bird capacity @ 4000-5000 and has applied for consents to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for 25000 birds after expansion.
2. The CPCB has not define the term residential zone in its guidelines dated Jan. 2022 issued for setting up of poultry farms.
3. The residential area define by Govt. of Punjab, Deptt. of STE for establishment of rice shellers/ saila plants in the State of Punjab is as under:
“ The residential area means the area under a scheme notified by Punjab Urban Planning and Development Authority (PUDA), Municipal Corporation, Municipal Council, Improvement Trust or any other Authority agency in the State.”
4. The sheds of poultry farm are constructed over the land owned by the owner of the poultry farm and the surrounding agriculture land is also owned by him. As such, there shall be no problem of ventilation and construction of boundry wall of 10 mtr from the wall of the shed. Moreover, there is single electricity connection in the name of owner of the land.
5. The siting criteria framed by CPCB in the year 2022 mentions word preferably in the guidelines, which means CPCB has not restrained the siting of poultry farms.
He has further opined that any restriction for grant of consents to operate to the poultry farm subject however, to the decision of the complaint pending before the Sub- Divisional Magistrate, Malerkotla. The poultry farm however, is required to comply with the environmental guidelines framed by the CPCB irrespective of the number of birds being kept in the poultry sheds. Other suitable conditions may also be imposed.
Accordingly, Regional Office has recommended that consent to operate under the Water Act, 1974 and the Air Act, 1981 may be granted to the poultry farm upto 30.09.2026 subject to following conditions:- 1. The poultry farm will strictly comply with the Environmental Guidelines issued by the CPCB on regular basis. 2. The poultry farm shall ensure that no nuisance is caused with its operations at site. 3. The poultry farm shall assure that no problem of water/air pollution/flies/smell be occurred in the area. 4. The poultry farm shall abide with the Master Plan of the area as and when notified by the authority.
In view of above, may if approved, consent to operate under the Water Act, 1974 and the Air Act, 1981 be granted to the poultry farm upto 30.09.2026 subject to suitable conditions and additional following conditions as proposed by Regional Office, please.
Competency : Worthy CEE
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