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Made Easy

Environment Conservation Rules, 2023 of Bangladesh

March 2024

Prepared by:
Raihan Uddin Ahmed (raihan@idcol.org)
Md. Rasedul Islam Rasel (rased.islam@idcol.org)
Md. Tahmid Tazwar Samin (tahmid@idcol.org)
In tribute to Dr A.K.M. Rafique Ahammed
Dr. A.K.M. Rafique Ahammed was the Director-General, Department of Environment (DoE) with
tenure 23 May 2019 to 24 March 2021. He unfortunately passed away with Covid-19 on April
10, 2021. This document is dedicated to him. May his soul rest in peace.

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Preface

The Environment Conservation Rules (ECR), 2023 was published on March 02, 2023 by revising
the Environment Conservation Rules, 1997, to align with Government’s Vision 2041 for attaining
high growth, reducing poverty and inequality, improving human resources and environmental
response.

The ECR, 2023 was published in Bengali language. Official English version of this document is yet
to be available widely. In addition, as the ECR, 2023 is a legal document, the easy understanding
of the ECR, 2023 to all levels of stakeholders is the utmost priority to facilitate the effective
implementation.

So, to cater these needs, this Made Easy has been developed voluntarily with combined effort of
Raihan Uddin Ahmed, Md. Rasedul Islam Rasel and Md. Tahmid Tazwar Samin, who are
responsible for environment and social safeguards of Infrastructure projects at Infrastructure
Development Company Limited (IDCOL).

We expect that this Made Easy will be beneficial to respective stakeholders for conserving
environment as well as natural resources, ensuring sustainable development, and finally in
achieving the vision of the Perspective Plan 2041.

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Table of Contents

Preface................................................................................................................................................................................... ii
Table of Contents ............................................................................................................................................................. iii
List of Figures ..................................................................................................................................................................... v
List of Tables....................................................................................................................................................................... v
1 Chapter 01: Introduction ..................................................................................................................................... 1
2 Chapter 02: Contents of All Forty Section of the ECR, 2023 ................................................................. 2
2.1 Section One ...................................................................................................................................................... 2
2.2 Section Two ..................................................................................................................................................... 2
2.3 Section Three .................................................................................................................................................. 3
2.4 Section Four ..................................................................................................................................................... 3
2.5 Section Five ...................................................................................................................................................... 4
2.6 Section Six ........................................................................................................................................................ 5
2.7 Section Seven .................................................................................................................................................. 6
2.8 Section Eight .................................................................................................................................................... 8
2.9 Section Nine ..................................................................................................................................................... 8
2.10 Section Ten....................................................................................................................................................... 9
2.11 Section Eleven.............................................................................................................................................. 10
2.12 Section Twelve ............................................................................................................................................ 11
2.13 Section Thirteen.......................................................................................................................................... 13
2.14 Section Fourteen ......................................................................................................................................... 14
2.15 Section Fifteen ............................................................................................................................................. 15
2.16 Section Sixteen ............................................................................................................................................ 16
2.17 Section Seventeen ...................................................................................................................................... 18
2.18 Section Eighteen ......................................................................................................................................... 19
2.19 Section Nineteen ......................................................................................................................................... 20
2.20 Section Twenty ............................................................................................................................................ 21
2.21 Section Twenty-One .................................................................................................................................. 22
2.22 Section Twenty-Two ................................................................................................................................. 22
2.23 Section Twenty-Three .............................................................................................................................. 23
2.24 Section Twenty-Four ................................................................................................................................ 24
2.25 Section Twenty-Five ................................................................................................................................. 24
2.26 Section Twenty-Six .................................................................................................................................... 26
2.27 Section Twenty-Seven .............................................................................................................................. 27
2.28 Section Twenty-Eight ............................................................................................................................... 27

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2.29 Section Twenty-Nine................................................................................................................................. 28
2.30 Section Thirty............................................................................................................................................... 29
2.31 Section Thirty-One ..................................................................................................................................... 29
2.32 Section Thirty-Two .................................................................................................................................... 29
2.33 Section Thirty-Three ................................................................................................................................. 30
2.34 Section Thirty-Four ................................................................................................................................... 30
2.35 Section Thirty-Five .................................................................................................................................... 30
2.36 Section Thirty-Six ....................................................................................................................................... 30
2.37 Section Thirty-Seven ................................................................................................................................. 31
2.38 Section Thirty-Eight .................................................................................................................................. 32
2.39 Section Thirty-Nine ................................................................................................................................... 32
2.40 Section Forty ................................................................................................................................................ 33
3 Chapter 03: Categorization of Projects and Parameters List ............................................................. 34
3.1 Categorization.............................................................................................................................................. 34
3.2 Standard Limits for Environmental Quality Parameters ........................................................... 42
4 Chapter 04: Difference between the ECR, 1997 and the ECR, 2023 ............................................... 47
5 Chapter 05: Legal Actions ................................................................................................................................. 50
5.1 Offences and Penalties ............................................................................................................................. 50

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List of Figures

Figure 1: Process of remedial measures for environmental damage ......................................................... 3


Figure 2: Clearance requirement and magnitude of impacts according to categories ........................ 6
Figure 3: Flow diagram for obtaining SCC and ECC ........................................................................................... 7
Figure 4: Flow diagram for industry and project extended over multiple locations ........................... 7
Figure 5: Procedure of obtaining ECC for Green category project/industry ........................................... 9
Figure 6: Procedure of obtaining SCC for Yellow category project/industry ....................................... 10
Figure 7: Procedure of obtaining ECC for Yellow category project/ industry ..................................... 11
Figure 8: Procedure of obtaining SCC for Orange category industry/project ...................................... 12
Figure 9: Procedure of obtaining ECC for Orange category project/industry ..................................... 14
Figure 10: Procedure of approving EIA to issue SCC for Red category project/industry ............... 20

List of Tables

Table 1: Sector wise groups of Green, Yellow, Orange and Red category project or industry
under schedule-1 of the ECR, 2023 ........................................................................................................................ 34
Table 2: Standards for surface, sewage and industrial waste water under Schedule 2, 3,4 and 5
of the ECR, 2023 ............................................................................................................................................................. 42
Table 3: Ambient air quality standards mentioned in the Air Pollution Control Rules, 2022 ....... 46
Table 4: Area wise standard for noise mentioned in the Noise Pollution Control Rules, 2006 .... 46
Table 5: Major differences between the ECR 1997 and the ECR 2023 .................................................... 48
Table 6: Offences and penalties ............................................................................................................................... 50

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1 Chapter 01: Introduction

By amending the Environment Conservation Rules, 1997, on 2 March 2023, Bangladesh


Government has introduced the Environment Conservation Rules 2023 with S.R.O No.
53/Act/2023. The ECR, 2023 is in Bengali language. The official English version of these Rules is
yet to be available widely. Moreover, the clear understanding of these rules to practitioners is
required to conserve environment properly. To meet these two aspects, informally this Made
Easy has been developed.
There are forty sections in the ECR, 2023, which have been translated in Chapter 2. To ensure
ease to practitioners there has been effort to boost with relevant figures and facts.
Chapter 3 describes the four distinct project categories and 254 industry or project types of
industries or projects according to the ECR, 2023 briefly. For a more straightforward and simpler
comprehension, the industry or project types are brought under Eleven broader sectors.
Standards for different sectors, which are mentioned under schedule 2, 3, 4 and 5 of the ECR,
2023 with associated values are mentioned in Chapter 4. Chapter 4 describes the major
differences between the ECR, 2023 and the ECR, 1997. Penalties and punishments, which are
mentioned in the Environment Conservation Act, 1995 are highlighted in the Chapter 5 of this
document.

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2 Chapter 02: Contents of All Forty Section of the ECR, 2023

There are forty sections in this Environment Conservation Rules, 2023. To facilitate better
understanding and effective implementation of the rules, some of the requirements of these
sections are presented with relevant illustration and descriptions which are presented in italic
font:
2.1 Section One

Title and Introduction—

(1) These rules will be called the Environment Conservation Rules, 2023.
(2) It will be in effect immediately.

2.2 Section Two

This section defines important terms of the rules—

1. Unless there is anything contrary to the subject or context, under these rules—
(1) “Department” means the Department of Environment (DOE) as has been defined in clause (a)
of section 2 of the Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);
(2) "Act" means the Bangladesh Environment Conservation Act, 1995 (Act No. 1 of 1995);
(3) “Appellate Authority” means the appellate authority constituted under sub-rule (1) of rule
28;
(4) “Schedule” means the Schedule to these rules;
(5) “Enlisted Environmental Consultant or Expert” means an environmental consultant or expert
registered under rule 37.
(6) “Environmental Impact Assessment” means the systematic process of identification, pre-
assumption and evaluation of potential environmental impacts of a proposed project or activity.
(7) “Environmental Clearance Committee” means any Environmental Clearance Committee
constituted under rule 24.
(8) “Environmental Management Plan” means the environmental impact mitigation and
management plan;
(9) “Initial Environment Examination” means an initial assessment of potential environmental
impact;
(10) “Director General” means the Director General of the Department of Environment; and
(11) “Static Measure” means any physical, chemical, biological or any other measurable
characteristic that is a determinant of environmental quality.

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2.3 Section Three

This section describes application process with remedies of damage caused by environmental
pollution or degradation—

(1) To fulfill the purpose of sub-section (1) of section 8 of the Act, any person who has suffered
or is apprehensive of potential damage due to environmental pollution or degradation can apply
to the Director General as per Form-1 for remedy.
(2) Within 30 (thirty) working days of receiving the application referred to in sub-rule (1), the
Director General will dispose through public hearing and other measures.
Provided, however, if the application cannot be disposed within the said period, the Director
General may extend the said period up to 15 (fifteen) working days with due reasoning.

Figure 1: Process of remedial measures for environmental damage

2.4 Section Four

This section requires notice for collecting samples —

(1) Notice to be given to owner, occupier or agent of the factory, premises or place concerned, in
accordance with Form-2, if any officer authorized by the Director General in accordance with the
provisions of section 11 of the Act requires to collect samples of air, water, soil or any other
substance for analysis,
(2) The provisions of sub-sections (3) and (4) of section 11 of the Act will be followed in the
collection of samples mentioned in sub-rule (1).

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Sub-sections (3) and (4) of section 11 of Environment Conservation Act, 1995
(3) Subject to the provisions of sub-section (4), the person collecting the sample under sub-section
(1) shall --

(a) Serve, in the manner prescribed by rules, a notice to the occupier of the place or his
agent specifying his intention to collect any sample;

(b) Collect samples in presence of that occupier or his agent;

(c) Place the sample in a container and seal the container after recording signatures of
himself and of the occupier or his agent on the container;

(d) Prepare a report on the collection of the sample and record signatures of himself and
of the occupier or his agent;

(e) Without delay send the container to the laboratory specified by the Director General.

(4) Where, after issuing a notice under clause (a) of sub-section (3), the sample collector collects
the sample under sub-section (1), but the occupier or his agent remains absent at the time of
collecting sample or being present refuses to put signature on the container of the sample and
report, then the collector shall, in the presence of two witnesses, secure the container by putting
his own signature and seal the sample, and without delay send the samples to the laboratory
specified by the Director General for analysis and shall state the fact of willful absence of the
occupier or his agent or, as the case may be, of his refusal.

2.5 Section Five

Categorization of industries and projects for site and environmental clearance certificates (SCC/ECC)

(1) To issue site and environmental clearance certificates by the Department, industries and
projects will be divided into the following four categories based on the scope of work, extent and
magnitude of potential pollution and their harmful effects on environment and human health.
▪ Green;

▪ Yellow;

▪ Orange; and

▪ Red

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Explanation—
(a) ‘Green’ industries or projects refers to those industries or projects which have
minimal impacts on environment and human health and there is an opportunity to adopt
environmental mitigation measures.
(b) ‘Yellow’ industries or projects refers to industries or projects which have moderate
impacts on environment and human health and to mitigate such impacts, environmental
pollution mitigation measures are needed.
(c) ‘Orange’ industries or projects refers to the industries or projects which have
significant impacts on environment and human health. These impacts should be avoided
for environmental conservation and the environmental impacts of these industries or
projects have to be mitigated through appropriate environmental pollution mitigation
measures.
(d) ‘Red’ category industries or projects means severe impact on environment and human
health which need to be avoided to an appropriate extent for environmental conservation
and significant environmental pollution mitigation measures are obligatory to mitigate
environmental impacts.
(2) The industries and projects as mentioned in Sub-rule (1) will be categorized as per the list
provided in Schedule-1:
Provided that any industry or project which is not included in the aforesaid list mentioned in
Schedule-1 will be categorized as per Schedule-14.

2.6 Section Six

Obligation to obtain site and environmental clearance certificates (SCC, ECC)—

(1) Before setting up new industries or projects representing Yellow, Orange and Red categories
mentioned in Rule 5, first the site and then environmental clearance certificate has to be obtained
from the Department:
Provided, however, that before setting up a Green Category industry or project at any location, it
is not necessary to obtain site clearance. It will only require obtaining environmental clearance
certificate from the Department:
Further condition includes that industries or projects being set up in public or private export
processing zones, economic zones, industrial parks or inside the area of Bangladesh Small and
Cottage Industries Corporation (BSCIC) will not be required to obtain site clearance certificate.
They have to obtain only environmental clearance certificate.
(2) Without obtaining the site clearance certificate, Yellow, Orange and Red category industries
or projects are not allowed to initiate land development or construction of any infrastructure.
(3) Without obtaining the site clearance certificate, new industries or projects representing
Yellow, Orange and Red category are not eligible to access gas, electricity, water or other utilities.

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(4) Trial run of industries or commencement of new projects of Green, Yellow, Orange and Red
categories is not allowed without obtaining environmental clearance certificate.

Figure 2: Clearance requirement and magnitude of impacts according to categories

2.7 Section Seven

Procedure to submit application for site and environmental clearance certificates (SCC and
ECC)—


(1) The location of the industries or projects for which site clearance or environmental clearance
is to be applied for, if
(a) In any district where the district office of the Department exists, the application will
be submitted to the concerned district office;
(b) For any district where the Department does not have a district office, the application
will be submitted to the district office or divisional office under the concerned
jurisdiction;
(c) If it is in a Metropolitan, the application has to be submitted to the concerned office. If
there is no separate office for the Metropolitan, the application will be submitted to the
concerned district office;
(d) In case of multiple districts under the same division, the application will be submitted
to the concerned regional office or divisional office; and
(e) If it extends to more than one division, the application will be submitted to the Head
Office of the Department in Dhaka.

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(2) Application for site and Environmental Clearance Certificate of an industry or project will be
submitted online:
Provided that if for any reason online application is not possible, then the application can be
submitted directly.
(3) The Director General will track the status of applications for timely awarding of site and
environmental clearance certificate.

Is there any Submit application to


metropolitan Yes respective
office? metropolitan office
No

Is there any Yes Submit application to


district office? concerned district office

Submit application
to district office or
divisional office
under jurisdiction

Figure 3: Flow diagram for obtaining SCC and ECC

If the industry/project area


Submit application to
extends more than one
regional/divisional office
district under same division

If the industry/project area Submit application to head


extends more than one office of Department
division

Figure 4: Flow diagram for industry and project extended over multiple locations

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2.8 Section Eight

Issues to consider while awarding Site Clearance Certificate—

The following matters will be considered while issuing site clearance certificate for an industry
or project:
(a) whether the concerned industry or project is contrary to any development plan, policy
or decision of the Government; And

(b) Whether the guidelines in Schedule-9 have been followed in selecting the location of the
concerned industries and projects.

2.9 Section Nine

Procedure for issuing Environmental Clearance Certificate to Green category industry and
project—


(1) The proponent of Green category industry or project has to submit an application with
relevant information as per Form 3.
(2) The instructions of Schedule 9 have to be followed during submitting the application as
mentioned in Sub-rule (1).

(3) The application mentioned in Sub-rule (1) will be accompanied by the relevant documents,
detail information and the fee mentioned in Schedule 7.

(4) In case of consideration of the application mentioned in Sub-rule (1), the relevant office of the
Department will conduct a site visit to the concerned industry or project.

(5) The concerned office of the Department, within 7 (seven) working days of receiving the
application under sub-rule (1) will-

(a) After being satisfied with the information provided during application based on site
visit findings, the Environmental Clearance Certificate will be issued in favor of the
concerned industry or project proponent; or

(b) If the applicant is ineligible for environmental clearance, his application will be
rejected, and the reasons of rejection will be formally communicated to the respective
applicant.

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Figure 5: Procedure of obtaining ECC for Green category project/industry

2.10 Section Ten

Procedure for issuing Site Clearance Certificate to Yellow category industry and project—

(1) The proponent of Yellow category industry or project has to submit an application with

relevant information as per Form 3.
(2) The application processing fee as per Schedule-6, related documents, detail information and
instructions of Schedule 9 have to be complied during application submission as mentioned in
Sub-rule (1).

(3) In case of consideration of the application mentioned in Sub-rule (1), the relevant office of the
Department will conduct a site visit to the concerned industry or project and prepare a report
with justification and opinion.

(4) Within 8 (eight) working days after receiving the application under sub-rule (1), the
concerned office of the Department will inform the applicant to pay the fee mentioned in
Schedule-7 after examining the information mentioned in the application and inspecting the
relevant industries or project on site if satisfied.

(5) After being notified under sub-rule (4), if the applicant pays the applicable fee, the site
clearance will be issued in favor of the concerned applicant within 7 (seven) working days.

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(6) If the relevant office of the Department is not satisfied after examining the information
mentioned in the application submitted under sub-rule (1) and inspecting the relevant industries
or project on site, the application will be denied and applicant will be notified in writing within
15 (fifteen) working days of receiving the application stating the reason.

Figure 6: Procedure of obtaining SCC for Yellow category project/industry

2.11 Section Eleven

Procedure for issuing environmental clearance certificates to Yellow category industries and projects—

(1) After obtaining the site clearance certificate, the concerned proponent of Yellow category
industries or projects will apply for Environmental Clearance Certificate prior to commencement.
(2)—In case of consideration of the application mentioned in Sub-rule (1), the relevant office of the
Department will conduct a site visit to the concerned industry or project and prepare a report
with justification with findings.

(3) No later than 7 (seven) working days of receiving the application under Sub-rule (1), the
concerned office of the Department will issue the Environmental Clearance Certificate to the
concerned proponent being satisfied with the application, site visit report, compliance with the
conditions of the site clearance certificate and so on. If not satisfied, the applicant will be notified
formally about the reasons for rejection of the application.

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Figure 7: Procedure of obtaining ECC for Yellow category project/ industry

2.12 Section Twelve

Procedure of issuing Site Clearance Certificate to Orange category industry and project—

(1) The proponent of Orange category industry or project has to submit an application with
relevant information as per Form 3.
(2) The application processing fee as per Schedule-6, related documents, detail information,
initial
— environmental examination report and instructions of Schedule 9 have to be complied with
during application submission as mentioned in Sub-rule (1).

(3) In case of consideration of the application mentioned in Sub-rule (1), the relevant office of the
Department will conduct a site visit to the concerned industry or project and prepare a report
with justification with findings.

(4) The concerned office of the Department will forward the report with application prepared
under Sub-rule (3) in case of industries or projects mentioned in Serial No. 1 (one) to 62 (sixty-
two) of the Orange category list available at Schedule-1, to the relevant Environmental Clearance
Certificate committee of regional, divisional or Metropolitan offices, as applicable. For industries
or projects mentioned in serial no. 63 (sixty-three) to 113 (one hundred and thirteen) of the said
schedule, the report with application will be forwarded to the Environmental Clearance
Committee of the head office of the Department and a copy thereof, as applicable, to the regional
and divisional offices.

(5) The concerned Environmental Clearance Committee will take a decision after considering the
overall aspects including the application mentioned in Sub-rule (1) and the report prepared
under Sub-rule (3).

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(6) After taking the decision, the concerned Environmental Clearance Committee will notify the
applicant to pay the fee specified in Schedule-7 to issue site clearance in favor of the applicant.

(7) The site clearance certificate will be issued in favor of the applicant within 21 (twenty-one)
working days of the submission of the application as mentioned in Sub-rule (1):

Provided, however, that if the application is denied, the concerned applicant will be notified
formally about the reasons for rejection of the application within 5 (five) working days.

Figure 8: Procedure of obtaining SCC for Orange category industry/project

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2.13 Section Thirteen

Procedure for issuing Environmental Clearance Certificate to Orange category industry and projects—

(1) After obtaining the site clearance certificate, the concerned proponent of Orange category
industries or projects will apply for Environmental Clearance Certificate prior to commencement
of the industries or projects as per Rule 7.
(2) In case of consideration of the application mentioned in Sub-rule (1), the relevant office of the
Department will conduct a site visit to the concerned industry or project to verify the compliance
— the conditions of the site clearance certificate and review of relevant issues. In addition, a
with
report will be prepared with justification to issue or reject the application for environmental
clearance certificate.

(3) The concerned office of the Department will forward the report prepared under Sub-rule (2)
with application in case of industries or projects mentioned in Serial No. 1 (one) to 62 (sixty-two)
of the Orange categories lists available at Schedule-1, to the relevant Environmental Clearance
Certificate committee of regional, divisional or Metropolitan offices, as applicable. For industries
or projects mentioned in serial no. 63 (sixty-three) to 113 (one hundred and thirteen) of the said
schedules, the report with application will be forwarded to the Environmental Clearance
Committee of the head office of the Department and a copy thereof, as applicable, to the regional
and divisional office.

(4) The concerned Environmental Clearance Committee will take a decision after considering the
overall aspects including the application mentioned in Sub-rule (1) and the report prepared
under Sub-rule (2).

(5) The site clearance certificate will be issued in favor of the applicant within 20 (twenty)
working days of the submission of the application as mentioned in Sub-rule (1):

Provided, however, that if the application is denied, the concerned applicant will be notified
formally about the reasons for rejection of the application within 5 (five) working days.

(6) If it appears from the initial environmental examination report of an Orange Category
industry or project before the Environmental Clearance Committee of the head office of the
Department that the pollution caused by the concerned industry or project may have a serious
impact on the environment and human health, the committee may recommend conducting
Environmental Impact Assessment (EIA) for the project and after the approval of the said
recommendation by the Director General, the concerned proponent has to conduct the EIA.

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Figure 9: Procedure of obtaining ECC for Orange category project/industry

2.14 Section Fourteen

Procedure for issuing Site Clearance Certificate to Red category industries and projects—

(1) The proponent of Red category industries or projects will apply for site clearance certificate
in accordance with Form-3 by filling up the applicable parts in the concerned office of the
Department.
(2)
—The application processing fee as per Schedule-6, related documents, detail information, draft
Terms of Reference (ToR) of Environmental Impact Assessment (EIA) have to be submitted and
instructions of Schedule 9 have to be complied during application submission as mentioned in
Sub-rule (1).

(3) The draft Terms of Reference (ToR) for Environmental Impact Assessment (EIA) has to be
formulated as per the guidelines mentioned in Schedule-10.

(4) After receiving the application, the relevant office of the Department will conduct a visit to the
proposed site of the industries or projects and review the documents and all relevant issues. A
report prepared with justification and findings on the rationale for issuing the site clearance
certificate and draft ToR for EIA will be forwarded to the Environmental Clearance Committee of
the head office of the Department and a copy will be sent to the Regional or Divisional Offices, as
applicable.

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5) After receiving the documents under Sub-rule (4), the Environmental Clearance Committee
will review and evaluate the documents and submit a report to the Director General for approval.

(6) With the approval of the Director General, the concerned office will approve draft Terms of
Reference (ToR) of Environmental Impact Assessment (EIA) for the concerned proponent of the
industries or the projects within 30 (thirty) working days of receiving the application:

Provided, however, that if any additional information or documents are required, the applicant
may be directed to submit the same within seven (7) working days:

Further, provided that if the application is denied, the concerned applicant will be notified
formally about the reasons for rejection of the application within 7 (seven) working days.

2.15 Section Fifteen

Environmental Impact Assessment (EIA)

industry and projects—


(1) The proponent of Red category industries or projects has to prepare an Environmental Impact
Assessment (EIA) by an enlisted environmental consultant under the direction of Department
following the approved Terms of Reference (ToR)
The sectors for which the Department do not have guidelines for Environmental Impact
Assessment (EIA), EIA of those sectors can be prepared by following guidelines of international
development partners, and it should be consistent with the plans, policies or decisions of the
government.

(2) Enlisted environmental consultants will conduct their assessment independently and
impartially in consultation with relevant stakeholders.

Provided, however, that the proponent will be consulted while conducting the environmental
management and monitoring plan.

(3) Enlisted Environmental Consultants will follow the guidelines of Schedule-11 in preparation
of Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP).

(4) The concerned proponent will declare that all the measures, steps and plans or monitoring
programs mentioned in the Environmental Management Plan of a Red Category industry or
project will be properly followed as per Form-6.

(5) The proponent of Red Category industries and projects have to submit the Environmental
Impact Assessment (EIA) report to the Environmental Clearance Committee of the head office of
the Department.

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▪ The Environment Conservation Rules, 2023 necessitate Environmental Impact Assessment
(EIA) for Red category industry/project
▪ Enlisted environmental consultants will follow guidelines of Schedule-11 for EIA and EMP
preparation; if guidelines not found in the Department EIA to be prepared by following
guidelines of international development partners
▪ The proponent of Red Category industries and projects have to submit the EIA to the
Department's environmental clearance committee

2.16 Section Sixteen

Verification of public consultation for Environmental Impact Assessment (EIA)—

(1) In case and


industry of a Red category industry or project, public consultation has to be arranged as part of
projects—
Environmental Impact Assessment (EIA), in the presence of relevant stakeholders and the
officials of the relevant office of the Department as applicable.
Provided that, however, in case of large and specialized industry or project or in case of project
or industry expanding over more than one division, measures to be taken for public consultation
at regional or national level.

(2) For verification of public consultation, the proponent of industries or projects has to apply to
—concerned office along with Environmental Impact Assessment (EIA) report and 3 (three) sets
the
of executive summary in Bengali and copy thereof should be sent to the head office of the
Department.

(3) Within 7 (seven) working days of receiving the application under Sub-rule (2), the proponent
of industries or projects will fix the date, time and place of public consultation and has to publish
a notice in a widely circulated local and a national daily newspaper.

(4) Detailed information of public consultation has to be published on the website of the
Department and the website of said industry or project, if any.

(5) Opinions related to Environmental Impact Assessment (EIA), can be given to the concerned
office along with the website of the Department not more than 30 (thirty) working days of
publication of the notice:

Provided, however, that public consultation will be completed within 45 (forty-five) working
days of the preparation of the draft Environmental Impact Assessment (EIA):

Further provided that if the public consultation is not completed within the stipulated time, the
time will be extended by a maximum of 15 (fifteen) working days.

(6) Individuals, groups and institutions with related knowledge and experience and directly or
indirectly related to the said industries or projects have to be engaged in the public consultation
process.

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(7) At the time of public consultation, the concerned proponent of the industries or projects will
present the following information: -

(a) Basic information of the industries or projects.

(b) Potential benefits of the project;

(c) Environmental impact of the industries or projects and, social impact if applicable;

(d) Means of mitigating environmental and social impacts; and

(e) Other matters connected herewith.

(8) The minutes of the said meeting will be approved by the concerned office of the Department
not more than 7 (seven) working days of holding the meeting for public consultation.

(9) Meeting minutes approved under Sub-rule (8) will be attached with the Environmental
Impact Assessment (EIA)

(10) Necessary changes have to be made in the Environmental Impact Assessment (EIA) and
Environmental Management Plan (EMP) in the light of response received from public
consultation.

▪ Red category projects require public consultation involving stakeholders and


Department officials, if applicable at regional or national levels
▪ Proponent of Industry or project has to submit EIA and Executive summary of EIA in
Bengali to the relevant office, scheduling public consultation within seven working
days
▪ Information about the consultation process has to be published on websites of the
Department and the project proponent
▪ Public opinions regarding draft EIA has to be considered up to 30 days of disclosure on
website.
▪ Public consultation process has to be completed within 45 days of preparing draft EIA
report (extendable by 15 days if necessary).
▪ Active involvement of relevant individuals, groups, and institutions is encouraged
during the consultation process
▪ Entrepreneurs present project information, benefits, environmental and social impacts,
mitigation measures, and other relevant details during public opinion verification

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2.17 Section Seventeen

Evaluation of Environmental Impact Assessment (EIA)—

(1) As per Sub-rule (1) of Rule 15, the concerned proponent of industries or projects will be
invited to the
industry andmeeting of the Environmental Clearance Committee to provide detail information
projects—
and data about Environmental Impact Assessment (EIA).
(2) The Environmental Clearance Committee can take opinion from the concerned office or
organization mentioned on the Environmental Impact Assessment (EIA). The opinion has to be
taken within due time for issuing the clearance in favor of the concerned industries or projects.

(3) The Environmental Clearance Committee will consider the following matters while assessing
the environmental impact of the concerned industry or project, namely:

(a) Assessment of environmental impact proposed Environmental Management Plan and
Monitoring Program;

(b) The opinions from public consultation and the measures taken based on the opinion;

(c) Possible alternatives of the concerned project and site visit of the proposed site of the
project;

(d) Requests for additional information if the information provided in the report appears
to be insufficient; and

(e) Review of conditions of Site Clearance Certificate.

(4) The Environmental Clearance Committee will review other reports based on the scope of
Environmental Impact Assessment (EIA). Other reports contain Social Impact Assessment (SIA),
Accident and Disaster Management Plan, Resettlement and Rehabilitation Plan, Risk Assessment
and Management Plan.

▪ Environmental Clearance Committee may request opinions from relevant departments


if it’s necessary for clearance
▪ Evaluation criteria include assessment of environmental impact, proposed
environmental management plan, public consultation, possible alternatives, site visit,
and requests for additional information
▪ Conditions for site clearances and other related reports, such as Social Impact
Assessment and Risk Management Plan, are thoroughly reviewed

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2.18 Section Eighteen

Approval of Environmental Impact Assessment (EIA)—

(1) After receiving the Environmental Impact Assessment (EIA) of the concerned industries and
projects of Red category, Environmental Clearance Committee of the head Office will consider the
following matters and forward it to the Director General for approval, namely: -
industry
(a) and projects—
Whether environmental and/or social impacts have been assessed adequately;

(b) If the proposed Environmental Management Plan and Monitoring Program are
accurate, effective, practical and adequate;

(c) Whether the environmental impact of the proposed industries or projects will be
within the standards while implementing the proposed Environmental Management Plan
and suggested mitigation measures; and
— (d) whether the concerned industries or projects proposals are contrary to government
policies and plans.

(2) According to Sub-rule (5) of Rule 15, the Environmental Impact Assessment (EIA) will be
approved within 30 (thirty) working days after the submission of the report.

(3) If the Environmental Impact Assessment (EIA) is approved by the Director General, the
proponent of industries or projects has to pay the fee specified in Schedule-7 within a maximum
of 7 (seven) working days.

(4) According to Sub-rule (2) the Site Clearance Certificate will be issued to the proponent of
industries or projects within 7 (seven) working days of submission of fee to the concerned office.

(5) Considering the matters mentioned in Sub-rule (1), if the Environmental Clearance Committee
has any objection to the application for site clearance certificate, the applicant will be notified in
written format within 7 (seven) working days of the decision taken by the Director General.

(6) If the proponent of industries or projects fail to take corrective action within 7 (seven)
working days of receiving written objection as per sub-rule (3), the concerned application can be
denied.

(7) After obtaining the Site Clearance Certificate, the proponent of industries or projects can start
related activities including land development, construction of infrastructure or facilities, opening
of Letters of Credit (LC).

(8) The approved Environmental Impact Assessment (EIA) mentioned in Sub-rule (2) will be
uploaded on the website of the Department for public disclosure.

▪ EIA approval according to Sub-rule (5) of Rule 15


▪ Considering Sub-rule (1), the applicant will be notified in written format within 7 (seven)
working days if clearance committee has any objection
▪ The concerned application can be denied if corrective action is not taken within 7
working days
▪ After obtaining SCC, the proponent of industries or projects can start related activities
▪ The approved EIA will be uploaded on the website for public disclosure

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Figure 10: Procedure of approving EIA to issue SCC for Red category project/industry

2.19 Section Nineteen

Environmental Clearance Certificate procedure—

(1) After obtaining the Site Clearance Certificate, the proponent of the industry or project will
apply to the concerned office of the Department for receiving the Environmental Clearance
Certificate before commencement of the project.
(2) Upon receiving the application under Sub-rule (1), the relevant office of the Department will
industry
conduct and
site projects—
visits to industries or projects. The office will prepare a report including the review
of all relevant matters such as the conditions of the Site Clearance Certificate, recommendations
of the Environmental Impact Assessment (EIA) etc.

(3) The report prepared under Sub-rule (2) will be sent to the Environmental Clearance
Committee of the Head Office of the Department and a copy thereof will be sent to the concerned
regional or divisional office, as applicable.

(4) After reviewing the reports and documents received under Sub-rule (2), the Environmental

Clearance Committee will give recommendations to the Director General regarding the issuing
Environmental Clearance Certificate to the concerned industries or projects.

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(5) After the recommendations received as per Sub-rule (4) being approved by the Director
General, the concerned office will issue Environmental Clearance Certificate in favor of the said
industries or projects.

(6) Environmental Clearance Certificate will be issued within 30 (thirty) working days of
receiving application from the concerned industries or projects:

Provided, however, that if the application for Environmental Clearance Certificate is denied, the
applicant will be informed in writing stating the reasons within not more than 7 (seven) working
days of the decision of denial:

It is further provided that if the Red category industries or projects are in operation, the
Department will issue instructions to the project proponent to update the Environmental Impact
Assessment (EIA) report considering the effectiveness of the monitoring report and
Environmental Management Plan (EMP) and any relevant new environmental or social issues.

▪ The project proponent applies to the Department after obtaining Site Clearance
Certificate to initiate the industries or projects
▪ Department conducts a site visit, reviewing conditions of site clearance and EIA
recommendations.
▪ Inspection report is sent to the Environmental Clearance Committee at the Department's
head office, with a copy to the relevant regional or divisional office
▪ Committee reviews reports and documents, providing recommendations to the Director
General for issuing Environmental Clearance Certificate
▪ Upon Director General approval, Environmental Clearance Certificate is issued within 30
working days of the application
▪ If denied, written notification with reasons is provided within seven working days
▪ For operational Red category projects, the Department may instruct project proponents
to update the EIA based on monitoring reports and environmental or social issues

2.20 Section Twenty

Validity period of Site and Environmental Clearance Certificate—

(1) The validity period of Environmental Clearance Certificate for Green Category industry or
project will be 5 (five) years from the date of issue which will be renewable at intervals of 5 (five)
years.
(2) The term of Site or Environmental Clearance Certificate for Yellow Category industry or
project will be 2 (two) years from the date of issue which will be renewable at interval of 2 (two)
years.
industry and projects—
(3) The term of Site or Environmental Clearance Certificate of Orange and Red Category
industries or projects will be 1 (one) year from the date of issue which will be renewable at
interval of 1 (one) year.

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2.21 Section Twenty-One

Procedure for renewal of Site Clearance Certificate —

(1) At least 30 (thirty) days before the expiry of the Site Clearance Certificate of all categories of
industries or projects, the proponent of relevant industries or projects will fill up Form-4 for
renewal of Site Clearance Certificate and pay the fee mentioned in Schedule-7 as per Rule 7,
application should be for concerned office.
(2) If the concerned office is satisfied after site visit and the conditions mentioned in the Site
Clearance Certificate have been properly followed, Site Clearance Certificate of the said industry
or project will be renewed.
industry and projects—

2.22 Section Twenty-Two

Procedure for renewal of Environmental Clearance Certificate—

(1)—The concerned industries or projects will apply to the concerned office according to Rule 7 by
filling Form-5 and paying the fee mentioned in Schedule-7 for the renewal of Environmental
Clearance Certificate.
(2) If the conditions given in the issued Environmental Clearance Certificate are satisfactorily met
along with the standards set by the Department are complied, the concerned office will renew the
Environmental Clearance Certificate of the industries or projects of Green and Yellow Category
after site visit:

Provided that in the case of Orange and Red Category industries or projects, the concerned office
ofindustry
the Department will send the opinion, inspection report and related documents to
and projects—
metropolitan, regional or divisional office for decision-making regarding the renewal of
Environmental Clearance Certificate.

(3) After the recommendation received under Sub-rule (2) is approved by metropolitan, regional
or divisional office, the concerned office will renew the Environmental Clearance Certificate in
favor of the said industries or projects.

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2.23 Section Twenty-Three

Measures to be taken against industries or projects operating without Site or Environmental


Clearance Certificate—

(1) In the applicable cases mentioned in Rule 6, if any information is found that an industry or
project is being operated without obtaining a Site or Environmental Clearance Certificate, the
Director General will issue a notice to the said proponent of industry or project with a maximum
of 10 (ten) working days to show the reason.
(2) The Director General will arrange a hearing in the presence of all concerned within 7 (seven)
working days of receiving the reply to show cause as per Sub-rule (1).

(3) If the Director General is not satisfied after the hearing as per Sub-rule (2), he will request the
concerned authority to stop the operation of the said industry or project and disconnect the utility
services or any other necessary measures

industry
(4) In case and projects—of the concerned industry or project after taking any action as per Sub-
of re-opening
rule (3), the concerned proponent of industry or project will fill up Form-3 for Site or
Environmental Clearance Certificate with relevant documents and details, Environmental
Management Plan (EMP). Application should be made to the concerned office according to Rule 7
after paying the fee mentioned in Schedule-7.

(5) In case of industry or project being operated without a Site or Environmental Clearance
Certificate, the Director General will assess the damage to the environment and take measures to
recover
— it within the prescribed period.

(6) If any compensation is determined by the Director General in accordance with Sub-rule (5),
the concerned proponent of industry or project will be liable to pay the same.

(7) Whether the proponent of industry or project fails to pay the fixed compensation or take the
prescribed remedial measures within the specific time, the Director General will take action
under section (7) of the Act.

▪ In cases outlined in Rule 6, where an industry operates without site or Site or


Environmental Clearance Certificate, the Director General issues a notice to show cause
within 10 working days
▪ A hearing, involving all concerned parties, is arranged within 7 working days of receiving
the reply to the show-cause notice
▪ If unsatisfied after the hearing, the Director General can request authorities to cease
operations and take necessary measures such as disconnecting utility services
▪ For reopening after such action, project proponent needs to submit Form-3 for clearance,
including Environmental Management Plan details, and apply to the concerned office as
per Rule 7
▪ The Director General assesses environmental damage caused by unauthorized operation
and takes measures for recovery within the stipulated period
▪ Any determined compensation is the responsibility of the proponent of the industries or
projects
▪ Failure to pay fixed compensation or take prescribed remedial measures within the
defined period may lead to actions under section 7 of the Act

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2.24 Section Twenty-Four

Formulation of Environmental Clearance Committee—

(1) For the purposes of section 12 of the Act, the Director General -
(a) For Red Category and applicable Orange Category industries or projects, the director
or an officer of the above level will be convened at the head office of the Department to
form an Environmental Clearance Committee with at least 5 (five) members comprising
the officers of the Department;
(b) Regional, Divisional or Metropolitan office of the Department may convene the Head
of the concerned office and constitute an Environmental Clearance Committee consisting
of the officers of the said Office for Orange category industries or projects, with a
minimum of 3 (three) members:
However, it is provided that the head of the office of the district office under the jurisdiction of
theindustry andoffice
concerned projects—
should be included as a member in the Environmental Clearance Committee
of the Metropolitan, divisional and regional offices.
(2) The Environmental Clearance Committee may take the assistance of such expert person who
can make special contribution to the environmental impact of the concerned industries or
projects.
(3) The members of the Environmental Clearance Committee will receive remuneration as per
Government Rules.

2.25 Section Twenty-Five

Functions of Environmental Clearance Committee—

(1) Functions of the Environmental Clearance Committee of the Head Office of the Department
will be as follows, namely:
(a) Reviewing and evaluating the scope of Environmental Impact Assessment (EIA) of Red
category industries or projects and Environmental Impact Assessment (EIA);

(b) Making recommendations to the Director General regarding the scope of


Environmental Impact Assessment (EIA) and approval of EIA along with the issuance of
clearance;

(c) Determining the terms and conditions on the basis of industries or projects;

(d) Proposing recommendations to the Director General for the issuance of clearances
after reviewing the initial environmental examination reports and applications of Orange
Category industries or projects;
industry and projects—

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(e) For Red and applicable Orange categories of industries or projects, recommendations
will be made to the Director General after reviewing the Environmental Management Plan
(EMP) and applications of the clearance certificate.

(f) Recommending corporate social and environmental responsibility by proponent of


industry or project;

(g) Recommending approval for construction of effluent treatment plants and diversion
of air pollution control systems for Red and applicable Orange category industries or
projects;

(h) Visit the proposed site of the concerned industries or project as required; and

(j) Any other work prescribed by the Director General for the purposes of section 12 of
the Act.

(2) Functions of Environmental Clearance Committee of Metropolitan, Divisional and Regional


Offices of Department:

(a) Taking decisions on issuing clearance after reviewing the initial environmental
examination report and clearance application of the applicable Orange category industry
or project;

(b) Taking decisions on issuing permits by reviewing existing applicable Orange Category
industry or project Environmental Management Plan (EMP) reports and permit
applications;

(c) Prescribing the conditions of concessions having regard to the nature and
characteristics of industry or project;

(d) Approval of diversion of construction of effluent treatment plant and air pollution
control system of applicable Orange category industry or project;

(e) Visit the proposed site of the concerned industry or project as required; and

(f) Any other function prescribed by the Director General for the purposes of section 12
of the Act.

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Functions of Environmental Clearance Committee (Head Office):

▪ Review and evaluate the scope of Environmental Impact Assessment (EIA) for Red
category industries and projects
▪ Make recommendations to the Director General for the scope and approval of EIA, issuing
clearance, and determining terms and conditions for Orange category projects
▪ Review initial environmental examination reports and permit applications for applicable
Orange category projects, recommending permit issuance
▪ Recommend permits for Red and applicable Orange category projects, reviewing
Environmental Management Plan reports
Functions of Environmental Clearance Committee (Metropolitan, Divisional, and Regional
Offices):

▪ Decide on clearance issuance after reviewing initial environmental examination reports


and applications for applicable Orange category industries or projects
▪ Decide on permit issuance by reviewing existing applicable Orange category industries
or projects' Environmental Management Plan reports and permit applications
▪ Prescribe terms and conditions for concessions, considering the nature and
characteristics of industries or projects
▪ Approve diversion of construction of liquid waste treatment plants and air pollution
control systems for applicable Orange category industries or projects

2.26 Section Twenty-Six

Ownership Transfer of Site or Environmental Clearance Certificate —

(1) If an industry or project is transferred to another person or organization, the Site or


Environmental Clearance Certificate issued in favor of the said industries or projects can be
transferred. It can be done based on written application by representative, donor or recipient of
any industry or project and with the approval of the Director General.
(2) If any Site or Environmental Clearance Certificate is handed over in accordance with sub-rule
(1), it will be deemed to have been handed over, along with any direction given by the Department
to the contrary or claim for compensation, if any.

industry and projects—

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2.27 Section Twenty-Seven

Procedures of appeal—

(1) If proponent of industries or projects is aggrieved by any notice, order or direction issued
under the Act or the Rule, he will file an appeal with the Appellate Authority within 30 (thirty)
days of receiving the said notice, order or direction:
Provided that no appeal can be filed by any proponent of industries or projects who has not
applied for environmental clearance.
(2) The following documents will be submitted along with the appeal mentioned in sub-rule (1):
(a) Certified copy of the notice, order or direction appealed against;
(b) Copy of up-to-date Environmental Clearance Certificate, where applicable;
(c) Proof of payment of Tk 5 (Five) thousand for appeal fee by treasury challan;
(d) 25% (twenty-five percent) of the amount assessed will be deposited through treasury
challan if an appeal is filed against an order for compensation levied under section 7 of
the Act; and
(e) Written undertaking that the activities related to pollution have been stopped as per
industry and
notice, order or direction
projects—

2.28 Section Twenty-Eight

Appellate Authority—

(1) For the purposes of the Act and the Rule, an Appellate Authority will be constituted consisting
of the following members, namely:
(a) The Secretary, Ministry of Environment, Forests and Climate Change, who will also be
its Chairman;

(b) Additional-Secretary (Environmental Pollution Control), Ministry of Environment,


Forests and Climate Change;

(c) Joint Secretary (Environment-II), Ministry of Environment, Forests and Climate


Change;

(d) Representative of the rank of Joint-Secretary or below, nominated by the Department


of Legislative and Parliamentary Affairs; And

(e) Deputy Secretary (Environmental Pollution Control Division), Ministry of


Environment, Forests and Climate Change, who will also be its Member-Secretary.

industry and
projects—
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(2) The Chairman will preside over all meetings of the Appellate Authority and in his absence the
Additional Secretary (Environmental Pollution Control) will preside over the meetings

(3) The presence of at least 2 (two) members including the Chairman will be required for the
quorum of the meeting of the Appellate Authority, but no quorum will be required in the case of
an adjourned meeting.

(4) The members of the Appellate Authority will, in accordance with Government Rules, receive
honorarium.

▪ Appellate Authority includes the Secretary of the Ministry of Environment, Forests, and
Climate Change, serving as the Chairman
▪ Additional-Secretary (Environmental Pollution Control) and Joint Secretary
(Environment-II) from the Ministry are members
▪ A representative nominated by the Department of Legislative and Parliamentary Affairs,
with a rank of Joint-Secretary or below, is included
▪ Deputy Secretary (Environmental Pollution Control Division) is the Member-Secretary.
▪ Chairman presides over all meetings; in absence, the Additional Secretary (Environmental
Pollution Control) takes charge
▪ A minimum of 2 members, including the Chairman, is required for the quorum; no quorum
is necessary for an adjourned meeting
▪ Members of the Appellate Authority receive honorarium in accordance with Government
Rules

2.29 Section Twenty-Nine

Procedure to be followed by the Appellate Authority—

(1) The Appellate Authority will fix a date for hearing the appeal and give notice to all concerned.
(2) The Appellate Authority may, to facilitate the hearing of the appeal, order both parties to file
reports on the matter concerned.

(3) After receiving an application for appeal, the appellate authority will take a decision on the
application after collecting the relevant documents, written details and, if necessary, taking oral
testimony.

(4) The appellate authority will cancel, modify or amend the decision taken by the relevant notice,
order or instruction within 90 (ninety) working days of the filing of the appeal and give an
appropriate decision upon reconsideration.

industry and of
Made Easy projects—
the Environment Conservation Rules (ECR), 2023 P a g e | 28
2.30 Section Thirty

Procedure for hearing appeals—

(1) The Appellate Authority may dismiss the appeal if the appellant does not appear on the date
fixed for hearing:
Provided that the Appellate Authority may extend the time of hearing based on the application of
the appellant.
(2) If an appeal is dismissed as per sub-rule (1), an application for reconsideration will be made
to the Appellate Authority within 21 (twenty-one) working days within the said order of
dismissal.
(3) The Appellate Authority will issue an order in written format signed by the majority of the
members and will send a copy to the concerned office of the Department. Also, to the Director
General.
(4) The Site or Environmental Clearance Certificate issued in favor of the concerned industries or
projects will not be issued or renewed until the appeal is disposed of.

2.31 Section Thirty-One

Setting
industryenvironmental
and projects—standards—

The quality of water will be determined as per schedule-2 and the quality of other elements of the
environment will be determined as per the provisions of the relevant rules.


2.32 Section Thirty-Two

Liquid waste emission standards—

Effluent emission standards of an industry or project will be determined as per schedule-3, liquid
waste emission standards as per schedule-4 and industrial liquid waste emission standards as
per schedule-5.

industry and of
Made Easy projects—
the Environment Conservation Rules (ECR), 2023 P a g e | 29
2.33 Section Thirty-Three

Treatment of liquid effluents from industries or projects—

Construction of effluent treatment plant or liquid waste treatment plant of any industry or
project, its approval and operation, liquid waste discharge monitoring, liquid waste discharge
standards, liquid waste analysis method, liquid waste discharge point, sludge disposal, etc. will
be determined as per Schedule-12.

2.34 Section Thirty-Four

Various services and their fees—

The department will charge a service fee as per Schedule-8, for analysis of samples of water, liquid
waste, air or sound and supply of analytical data to any proponent of project or industry.

2.35 Section Thirty-Five

Mode of payment of fees—

The fees prescribed under these rules will be deposited to Government by treasury challan, bank
draft, pay-order or other electronic means and the proof of payment will be preserved by the
depositor.
industry and projects—

2.36 Section Thirty-Six

Assessment of environmental damage and recovery of compensation—

(1) In addition to taking actions under Section 7 of the Act, the activities of the proponent of
industries or projects shall be suspended until the pollution is controlled.
(2) Failure to pay compensation will result in suspension, cancellation or non-renewal of the Site
or Environmental Clearance Certificate issued in favor of the concerned proponent of industries
orindustry
projects.and projects—

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2.37 Section Thirty-Seven

Enrollment of environmental consultant or expert—

(1) Any individual, organization or institution interested in preparing the initial environmental
examination, Environmental Impact Assessment (EIA) and Environmental Management Plan of
industries or projects will be registered with the Department as an environmental consultant or
expert:
Provided that no registration will be required in the case of internationally recognized domestic
or foreign individual, institution or organization

(2) The Director General will invite applications from interested individuals or organizations for
enrollment as environmental consultants or experts and will publish notices in 2 (two) Bengali
national newspaper, 1 (one) English national newspaper and on the website.

(3) Qualification and experience and other matters for enrollment as environmental consultant
or expert will be as per Part 'A' of Schedule-13.

(4) The Director General will form a committee consisting of Department officers to scrutinize
the applications received from the interested individuals or institutions for enrollment as
environmental consultants or experts.

(5) The committee referred to in sub-rule (4) will scrutinize the applications and submit an
evaluation report to the Director General.

(6) After receiving the evaluation report under sub-rule (5), the Director General will approve the
enrollment in favor of the applicant or cancel the application.

(7) Application fee for enrollment as environmental consultant or expert, enrollment fee and
renewal fee will be determined as per Part 'B' of Schedule-13.

(8) The tenure of registration as an environmental consultant or expert will be 3 (three) years
which will be renewable at intervals of 3 (three) years.

▪ Interested individuals or organizations involved in preparing environmental reports for


industries or projects should register with the Department as environmental consultants or
experts
▪ No and
industry registration
projects— is required for internationally recognized domestic or foreign individuals,
institutions, or organizations
▪ The Director General invites applications through notices in Bengali and English national
newspapers and the website
▪ Qualification, experience, and other enrollment criteria are outlined in Part 'A' of Schedule-
13
▪ A committee of Department officers scrutinizes applications, submits an evaluation report
to the Director General, who will approve or cancel the enrollment
▪ Application, enrollment, and renewal fees for environmental consultants or experts are

determined as per Part 'B' of Schedule-13
▪ The tenure of registration is initially 3 years, renewable at intervals of 3 years

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2.38 Section Thirty-Eight

Cancellation, renewal, etc. of enrollment of environmental consultant or expert—

(1) If any individual, institution or organization applies for listing by providing faulty, false or
incomplete information or receives unethical benefits from any proponent of industries or
projects, the Director General will give logical hearing opportunity to the concerned
environmental consultant or expert and remove him from the list.
(2) The Director General may re-enroll any individual, institution or organization excluded from
the enrollment subject to the recommendation provided by committee.

(3) The Director General will update the list of environmental consultants or experts time to time.

2.39 Section Thirty-Nine

Notification of special events—

If environmental pollutants more than the prescribed standard are emitted or discharged at any
place or if any place is threatened due to an accident or any previous action or event, the person
assigned to the responsibility of the place of pollution or the place with risk of pollution shall
immediately inform the Director General about the relevant incident or apprehension.

The people in charge of the place of pollution will notify the Director General about the following
incident or apprehension:

▪ If environmental pollutants more than the prescribed standard are emitted or released
at any place
▪ If any place is threatened due to an accident or any previous action or incident, or the
place where there is a risk of pollution

industry and projects—

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2.40 Section Forty

Exclusion and protection—

(1) The Environment Conservation Rules, 1997, hereinafter referred to as the said Rules, and
Memorandum No. 22.00.0000.075.06.001.18-02 issued by the Ministry of Environment, Forests
and Climate Change dated 14th January 2018 are hereby repealed.
(2) Notwithstanding such repeal under sub-rule (1), the said rules will, where applicable,

(a) All acts done will be deemed to have been done under these Rules;

(b) Site and environmental clearance certificate, notices, orders, instructions, approvals
and compensations received will be deemed to have been given and received under these
Rules; And

(c) All pending works will, as far as possible, be carried out under these rules.

industry and projects—

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3 Chapter 03: Categorization of Projects and Parameters List

3.1 Categorization

According to the Environment Conservation Rules, 2023, projects are classified into four distinct categories. These categories are subsequently
delineated into a total of 254 specific industries or projects. To provide a categorical breakdown, the Green category encompasses 32 types of
industries or projects, the Yellow category includes 37 types, the Orange category comprises 113 types, and the Red category involves 72 types of
industries or projects. For a more straightforward and simpler comprehension, the types are brought under Eleven broader sectors which are
described below.

Table 1: Sector wise groups of Green, Yellow, Orange and Red category project or industry under schedule-1 of the ECR, 2023

Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
30: Compost plant (capacity of not 26: Installation of diesel-based 2: Coal and oil based thermal 3: Coal and oil based thermal
more than 5 tons per day), 31: Solar generators (from 100 to 500 KVA) power plants (up to 50 MW), 3: Gas power plants (above 50 MW), 4:
power plant (up to 1 MW off grid) *, 32: Fuel filling station, 34: Solar based thermal power plants (up to Gas based thermal power plants
power plant (1 MW to 50 MW) 100 MW), 4: Hydro power plants (above 100 MW), 5: Nuclear
(up to 5 MW), 5: Biomass/waste power plant, 6: Hydro power
based power plants (up to 5 MW), plants (above 5 MW),
8: Solar Power (above 50 MW), 31: 9: Integrated Cement Plant
Power, oil and gas transmission (clinker and cement
Power Plant, Energy
lines (up to 25 km), 57: Generator preparation), 14: Pulp and paper
and Other Plants
(above 500 KVA), 66: Condensate plant (daily production capacity
fractionation plant, 67: Pyrolysis above 10 tons),
plant, 68: Oil and gas separation 51: Incinerator plant (above 1
plant, 72: Pulp and paper plant (up tons daily capacity)
to 10 tons daily production
capacity), 87: Central industrial
waste treatment plant (up to 5000
cubic meters per day), 89: Waste

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
based power plants (above 5 MW),
94: Incinerator plant (up to 1-ton
daily capacity), 95: Compost plant
(Daily production capacity of
above 5 tons), 111: Water
treatment plant
1: Confectionery and bakery (up to 4: Confectionery and bakery 6: Candy (daily production
500 kg production), 2: Re-packing (daily production capacity above capacity above 500 kg), 7: Food,
of powdered milk, 5: Preparing 500 kg), 5: Preparing vegetable and fruit processing,
Dairy/Bakery/
chanachur/chips (10 to 50 lakhs Chanachur/Chips (Capital above 104: Fish, meat, shrimp processing,
Snacks/ Food Items
BDT), 7: Tea processing, blending 50 lakhs BDT), 6: Preparing muri, 105: Starch and glucose, 106:
and packaging, 8: Candy (up to 500 chira (Capital above 50 lakhs Dairy processing
kg daily production capacity) BDT)
6: Bottled drinking water, 9: 1: Salt Produce (Capital up to 10 10: Lime preparation, 11: Prepare 7: Rawhide processing,
Manufacture of wood/metal lakhs BDT), 9: Manufacture of Paper board, 14: Pesticide 8: Cement clinker ready, 13:
furniture (Capital 10 to 20 lakhs ayurvedic/ homeopathic/unani repacking, 15: Mosquito coils and Production of chemical products
BDT), 10: Printing press, 11: medicines (Capital not exceeding repellants, 16: Printing and from basic petrochemicals, 20:
Manufacture and printing of card 50 lakhs BDT), 11: Manufacture writing ink, 17: Paint All types of heavy metal
board, corrugated boxes and paper of shoes and leather goods (dry (pigment/polish/varnish/enamel production, 30: API, 31:
products (except prepared paper process), 15: Glues (other than etc.), 18: Manufacture of Basic/bulk drugs and drug
and pulp), 12: Plastics and animal glue), 17: Preparing ayurvedic/homeopathic/unani intermediates, 32: Lead acid and
Manufacturing and biodegradable plastics, 14: match, 18: Manufacture of medicines (above 50 Lakhs BDT), other wet cell battery
Processing manufacture of frames for wood/metal furniture (Capital 27: Prepare Rubber/Tyre/Tube, manufacture, 52: Manufactured
Spectacles, 16: Manufacture and above 20 Lakhs BDT, 19: 30: Soaps/detergents and other sugar (above 100 tons per day),
addition of toys, 18: Addition of Bi- Metallized PP film, 20: Aluminum cleaning chemicals, 33: 53: Prepare the glue and gelatin,
cycle (excluding blister foil and tubes, 21: Biomass Manufacture Toothpaste, tooth 54: Manufacturing and
electroplating/galvanizing), 19: briquettes, 27: Water vehicle powder, talcum powder, perfumes processing of fiber glass,
Manufacture pens and ballpoint (other than wooden boats), 28: and other cosmetics, 35: Glass 55: Coal products, e.g., coke
Pens, 21: Manufacturing of Cork Cement concrete materials (e.g., manufacturing and processing, 36: (combined daily production
materials, 24: Manufacture of railway sleepers, electric poles, Metallic and non-metallic pipes are capacity above 200 tons)
plastic materials (except PVC) and pipes, blocks, tiles etc.), 33: available, 37: Metal nut, bolt,

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
biodegradable plastic materials, 26: Bottling of fuel gas (CNG, LPG, screw and star, 38: All types of
Prepare sports equipment LNG etc.) products are manufactured from
PVC, 39: Manufacture of Salt
(above 10 Lakhs BDT), 41: Dry cell
battery, 42: Prepare plywood, fiber
fly, particle board, 43:
Aluminium/brass products are
prepared, 44: Prepare electrical
cables, 46: Cotton preparation
from RMG waste, 54:
Manufacturing bricks, 59:
Preparation of GI wire, 60: Prepare
copper wire, 61: Manufacture of
gas cylinder, 62: Synthetic fibers
preparation, 75: Metallurgical
ingot/billet manufacturing unit,
76: Chloro alkali, soda ash and
other alkali (daily production
capacity up to 50 tons), 77: Other
inorganic chemicals (up to 50 tons
daily production capacity), 78: Dye
and dye intermediates (up to 50
tons daily production capacity),
79: Basic biochemicals and other
synthetic, biochemical products
(up to 50 tons daily production
capacity), 80: other chemicals (up
to 20 tons daily production
capacity), 81: Synthetic resin, 91:
Commercially prepared pottery
from clay and china clay, 92:

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
Production of edible oil, 93: Tiles,
refractory, insulation and ceramic
products, 96: Juices and soft drinks
are available, 97: Coal products
(e.g., coke) have a combined
production capacity of up to 200
tons per day, 98: Sugar
preparation (up to 100 tons daily
production capacity), 99: Tobacco
processing, zorda manufacturing,
bidi-cigarette factory, 100:
Finished leather is prepared from
wet blue, 103: Metal treatment and
process industries such as pickling,
surface coating, paint baking,
paint stripping, heat treatment,
finishing etc., 110: Industrial
carbon, electrode and graphite
block, activated carbon, carbon
black etc., 113: Charcoal
manufacturing
13: Vehicle repair workshop 12: Engineering workshop 13: Foundries (Ferrous & Non- 11: Petroleum national crude oil
(Capital 20 to 50 lakhs BDT), 15: (Capital above 50 lakhs BDT), 13: Ferrous), 28: Motor parts factory, refinery, 12: Basic
Engineering Workshop (Capital 20 Motor vehicle repair workshop 40: Addition of lead acid battery, petrochemicals, 15: All types of
to 50 lakhs BDT), 17: Addition of (Capital above 20 Lakhs BDT), 14: 56: Stone crusher, 58: Tire distilleries, 19: Metallurgy
Electrical, Electronic,
electrical and electronic equipment, Utensil preparation by retreading, 69: Lube oil recycling, processed from ore (gold, silver,
Chemical, Mechanical
32: (CNG/LPG/LNG/Fuel Gas) pressurized metal circle (Only 70: Sludge oil refinery, 101: Lead iron and steel, aluminum copper,
and Materials
Filling station mechanical), 29: CNG/LPG/LNG acid and dry cell battery recycling, zinc, lead, ferro-alloy and other
conversion workshop, 30: Metal 102: Manufacture of electrical and alloys etc.), 22: Aluminum,
finishing, painting and annealing electronic components, 108: copper, zinc smelters, 23: Chloro
units, excluding metal and alkali, soda ash and other alkali

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
machine fabrication, 35: Lube oil Pharmaceutical-all drug (daily production capacity above
blending formulations 50 tons), 24: Other inorganic
chemicals and industrial gases
(above 50 tons daily production
capacity), 25: Dyes &
intermediates (daily production
capacity above 50 Tons), 26:
Basic biochemicals & other
synthetic biochemicals (with
daily production capacity above
50 tons), 27: All other chemicals
(daily production capacity above
20 tons), 29: Formulation of
pesticides and other
agrochemicals, 57: Manufacture
of refrigerators/air
conditioners/air cooler, 67:
Power, oil and gas transmission
lines (above 25 km), 70:
manufacture of plastics or
plastic raw materials (PVC,
Polypropylene, Polystyrene etc.)
22: Manufacturing yarn coning, 10: Textile knitting/weaving 12: Yarn preparation (spinning), 16: Integrated textile mills
drawstring, inter lining, elastic, 23: 34: Industrial gases (nitrogen, (spinning, weaving/knitting,
Garment accessories (excluding oxygen and carbon dioxide etc.), dyeing & finishing), 17: Textile
RMG Product, washing and dyeing) 73: Textile dyeing and printing (up dyeing, printing (daily
Materials and Industry to 15 tons per day), 74: production capacity above 15
Textile/clothes washing (up to 15 tons), 18: Textile/garment
tons per day) washing unit (daily production
capacity above 15 tons)

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
25: Livestock farms (15 to 25 in 22: Mixing and packing of 48: Coastal shrimp farming, 49: 28: Chemical fertilizers
number), 29: Fertilizer from germs chemical fertilizer, 23: Poultry Salt cultivation (Above 10 Acres), (combined production capacity
Livestock, Cultivation farm, 24: Livestock farms (above 52: Slaughterhouse, 82: Chemical above 1 lakh tons per annum)
and Fertilizer 25 in number), 25: Fisheries (land fertilizers (combined production
size above 5 acres) capacity up to 1 lakh tons per
annum)
27: Restaurant (capital above 30 31: Residential hotels (rooms 25: Residential and commercial
lakhs BDT) more than 20 but less than 100) buildings (buildup area from 5,000
Hotel, Restaurant, and
to 20,000 square meters), 51:
Buildings
Diagnostic center, 53: Residential
hotel (more than 100 rooms)
3: Wheat, paddy, turmeric, dal mill 2: Wheat, dal and spice mills 29: Jute mill, 32: Re-rolling mill, 45: 10: Cement factories (from
(Capital from Tk. 10 Lakh to Tk. 50 (capital above 50 Lakhs BDT), 3: Concrete ready-mix factory, 47: clinker to cement production
lakh, dry process), 4: Muri/chira Rice mill (boiled, dried and Automatic rice mill (above 50 capacity per annum (above 1
mills (Capital 10 to Tk. 50 lakhs broken, daily production capacity lakhs BDT), 65: Cement factories lakh tons), 21: Iron and Steel
Cold-Storage, Mills and
BDT), 20: Ice mill, 28: Freezer up to 50 tons), 7: Edible oil mills (up to 1 lakh tons per annum of Industry, 56: Explosive factory,
Factories
(not refined), 8: Fish and animal production capacity from clinker), 58: Automobile manufacturing
feed preparation (Feed mill), 37: 90: Electroplating, anodizing, factory, 59: Arms factory
Sawmill phosphating, galvanizing industry,
107: Ice cream factory
16: Waste plastic recycling 71: Waste paper recycling, 86: 48: Sewage treatment plants
(Capital above 10 lakhs excluding Sewage treatment plant (up to (above 1000 cubic meters per
pyrolysis), 36: Secondary transfer 1000 cubic meters per day), 88: day), 49: Common industrial
station for municipal waste Medical waste/hazardous waste waste treatment plants (above
Waste treatment and disposal facility, 5000 cubic meters per day),
112: E-waste recycling 50: Hazardous waste storage,
treatment, and final disposal
projects, 66: Municipal waste
landfill site

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
9: Dock yard, 19: Land 33: Land development (above 25
development (from 5 acres to 25 acres), 34: Rivers, canals, bill
acres), 20: Rivers, canals, bill dredging and dress material
dredging and dress material management (above five km),
management (up to five km), 36: All types of industrial cities,
21: Road construction/widening 37: Construction of under river
(from 5 to 10 km), 22: Construction tunnel/underground
of bridges (from 100m to 500m), tunnel/common utility tunnel
23: Airport reconstruction and (more than 200 meters), 38:
expansion of less than 50%, 24: Road construction/widening
Expansion of ports and harbors (above 10 km), 39: Construction
(less than 50%), 26: Amusement of bridges/flyovers (above 500
park (5 to 10 acres), 50: Hospital m), 40: Laying railway lines, 41:
and clinic (up to 50 beds), 55: Mass rapid transit system, 42:
Land, Port, Major Vehicle terminal (Up to 10 Acres), Construction of ports and
Structure/ Projects 84: Construction of ports and harbors (cargo facilities with a
and Heavy Industries harbors (cargo facilities with a capacity of over 30 million tons
capacity of less than or equal to 50 per annum), 43: Expansion of
lakh metric tons per annum), 85: ports and harbors (more than
Housing and urbanization projects 50%), 44: Airport construction
(less than 25 acres), 109: and expansion of more than
Shipbuilding (dead weight tonnage 50%, 45: Housing and
less than 3,000) urbanization projects (above 25
acres), 46: Construction of
multiple buildings (housing
complex) (above 5 acres), 47:
Amusement parks (above 10
acres), 60: River and basin
development, irrigation and
flood control and drainage
projects, 61:

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Sector Green (Serial number according Yellow (Serial number Orange (Serial number Red (Serial number according
to Schedule -1) according to Schedule -1) according to Schedule -1) to Schedule -1)
Dam/barrage/cross dam/rubber
dam projects, 62: Polder
construction, 63: River, canal
dredging and dress material
management (above 5 km), 64:
Construction of gas terminal, 65:
Production, storage and use of
radioactive materials, 68:
Shipbuilding (dead weight
tonnage above 3,000), 69:
Hospital (above 50 beds), 71:
Vehicle terminal (above 10
acres), 72: Ship breaking
operations and ship breaking
yards
1: Mining exploration, 63: All 1: Mineral projects (other than
quarry projects, 64: Ore exploration), 2: Ore processing,
processing, coal washing including coal washing and
Exploration,
(washery) and mineral mineral beneficiation (above 1
Extraction, Minerals
beneficiation (more than 1 lakh lakh tons/year), 35: Ground
and Mining
tons annually), 83: Ground water water extraction (above 5000
extraction (2,500 to 5,000 cubic cubic meters per day)
meters per day)

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3.2 Standard Limits for Environmental Quality Parameters

In the ECR, 2023, standard limits for surface water, sewage water and industrial waste water quality parameters are mentioned under schedule 2,
3,4 and 5 with associated values. Moreover, standard limits for ambient air quality and noise level which have been mentioned in the Air pollution
Control Rules, 2022 and the Noise Pollution Control Rules, 2006 respectively. Some of the major parameters and standards from these rules are
described below.

Table 2: Standards for surface, sewage and industrial waste water under Schedule 2, 3,4 and 5 of the ECR, 2023

Sector with Schedule no. No. of Some of the major parameters of surface, sewage and industrial waste water with range of values
parameter
Inland Surface Water [2] 12 pH (6.5-9), DO (=>1-6 mg/L), BOD (<=2-12 mg/L), NO3-N (5-7 mg/L), NH4-N (0.1-2.7 mg/L), PO4-P (0.1-2 mg/L),
Total Chromium (0.02-0.1 mg/L), Lead (Pb) (0.03-0.1 mg/L), Mercury (Hg) (0.001-0.05 mg/L), Total Coliform
Germs (<=100-50,000 CFU/100 ml), TDS (1000 mg/L), COD (10-100 mg/L)

Coastal Water [2] 16 Hexavalent Chromium (Cr) (0.05-0.1 mg/L), Suspended Solid (SS) (2-100 mg/L), Fecal Coliform (200-1000 mg/L),
Oil and Grease (0.01-5 mg/L), Phenols (0.05 mg/L), Arsenic (As) (0.001-0.003 mg/L), Cadmium (0.005 mg/L),
Cyanide (CN--) (0.005 mg/L)

Fresh Drinking Water [2] 55 Fecal & Total Coliform (0 CFU/100 ml), Free Residual Chlorine (0.2 mg/L), NO3 (45 mg/L), As (0.05 mg/L),
Turbidity (5 NTU), Al (0.2 mg/L), NH3(1.5 mg/L), Barium (0.7 mg/L), C6H6,(0.01 mg/L), Boron (0.1), Cd (0.003), Ca
(75 mg/L), CCl4(0.005 mg/L), Chloride (250 mg/L; for Coastal area 1000mg/L), 1,1 and 1,2 Di-Chlro-Ethen (1,1
and 1,2 C2H4Cl2) (both 0.03 mg/L), Tetrachloro-Ethen (C2H2Cl4) (0.04 mg/L), Tri chloro (C2H3Cl3) (0.02 mg/L),
Pentachloro Phenol (0.009 mg/L), 2,4,6 Trichlorophenol (0.2 mg/L), Chlroform (CHCl3) (0.09 mg/L), Total Cr (0.05
mg/L), Color (15 Hazen), Cu (1.5 mg/L), CN-(0.05 mg/L), Fluoride (1 mg/L), Hardness as CaCO3 (500 mg/L) , Fe
(0.3-1 mg/L), Total Kjeldahl Nitrogen (1 mg/L), Pb (0.01 mg/L), Mg (30-35 mg/L), Mn (0.4 mg/L), Hg (0.001
mg/L), Ni (0.05 mg/L), NO2- (Nitrite) (1 mg/L), Odor (odorless), Oil & Grease (0.1 mg/L), pH (6.5-8.5), Phenol
(0.002 mg/L), Potassium (K) (12 mg/L), Alpha and Bita Radiation (0.1 and 1 Bq/L), Se (0.01 mg/L), Silver (Ag)

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Sector with Schedule no. No. of Some of the major parameters of surface, sewage and industrial waste water with range of values
parameter
(0.02 mg/L), Sodium (Na) (200 mg/L), SS (10 mg/L), Sulfide as H2S (0.05 mg/L), Sulphate (SO42-) (250 mg/L), TDS
(1000 mg/L), Temperature (20-30 °C), Tin (Sn) (2 mg/L), Zn (5 mg/L), Aldrin/Dieldrin (0.03 mg/L), Anionic
Detergents (0.2 mg/L)
Sewage Water [3] 9 Temperature (30°C), pH (6-9), BOD5 at 20 °C (30 mg/L), COD (125 mg/L), SS (100 mg/L), Oil and Grease (10
mg/L), NO3 (50 mg/L), PO4 (15 mg/L), Total Coliform (1000 CFU/100 ml)

Industrial Waste Water 32 NH4-N (50 mg/L), NH3(5 mg/L), As (0.2 mg/L), BOD5 at 20 °C (30-100 mg/L), Boron (2-4 mg/L), Cd (1-2 mg/L), Cl
Emission [4] (600 mg/L)-, Total Cr (0.5-1 mg/L), COD (200-400 mg/L), Hexavalent Cr (0.1-2 mg/L), Cu (3 mg/L), Fluoride (2-15
mg/L), Sulfide (1-5 mg/L), Iron (Fe) (3 mg/L), Total Kjeldahl Nitrogen (100 mg/L), Pb (0.1-2 mg/L), Mn (2 mg/L),
Ni (1-5 mg/L), Hg (0.1 mg/L), Nitrate (N) (10-20 mg/L), Oil and Grease (10-20 mg/L), Phenol (C6H5OH) (1-5
mg/L), Dissolved P (5 mg/L), Radioactive materials (alpha and bita radiation), pH (6-9), Selenium (Se) (0.05
mg/L), Zn (5-15 mg/L), Temperature (not more than 5°C than waterbody), SS (100-500 mg/L), CN-(0.1-2 mg/L),
Total Residual Chlorine (1-1.2 mg/L), Bio-assay test (90% of fish will be alive after 96 hours in treated liquid
waste)

Nitrogen based Fertilizer 10 NH4-N (50 mg/L), Total Kjeldahl Nitrogen (100 mg/L), Free NH3 (5 mg/L), pH (6-9), Hexavalent Chromium (Cr)
Factory [5] (0.1 mg/L), SS (100 mg/L), Oil and Grease (10 mg/L), Temperature (not more than 5°C from waterbody)

Phosphate based Fertilizer 6 Fluoride (10 mg/L), Phosphate (5 mg/L), SS (100 mg/L), Total Cr (0.5 mg/L), Hexavalent Cr (0.1 mg/L), Oil and
Factory [5] Grease (10 mg/L)

Textile Factory (Washing, 15


Dyeing, Printing) [5] pH (6-9), Color (150 Hazen Unit (Pt-CO)), Temperature (not more than 5°C from waterbody), SS (100 mg/L), BOD5
at 20 °C (30 mg/L), COD (200 mg/L), TDS (2100 mg/L, not for Sea), Oil & Grease (10 mg/L), Total Cr (0.5 mg/L),
Sulfide (2 mg/L), Phenol (1 mg/L), Pb (0.1 mg/L), Cd (0.02 mg/L), Co (0.5 mg/L), Ni (1 mg/L)

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Sector with Schedule no. No. of Some of the major parameters of surface, sewage and industrial waste water with range of values
parameter
Pulp and Paper Factory [5] 6 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (30 mg/L), COD (200 mg/L), Temperature (not more than 5°C from
waterbody)

Distillery [5] 5 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (50 mg/L), Oil and Grease (10 mg/L), Temperature (not more than 5°C
from waterbody)
Sugar Industry [5] 6 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (50 mg/L), Oil and Grease (10 mg/L), Temperature (not more than 5°C
from waterbody), Waste water Emission (0.5 Cubic meter/Ton)

Tannery Industry [5] 9 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (30 mg/L), Sulfide (1 mg/L), Total Cr (2 mg/L), Oil & Grease (10 mg/L),
Leather processing wastewater emissions per ton (30 Cubic meter/Ton), Chloride (2000 mg/L), Phenols (1 mg/L)
** Note: a) Salt Recovery through mechanical distilling and soak leaker
b) Install chrome recovery plant for chrome tanning

Food, Fish Processing, Dairy 6 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (30 mg/L), Temperature (not more than 5°C from waterbody), Waste
and Starch [5] water flow for Starch & Dairy 8 cubic meter and 3 cubic meter per ton
Crude Oil Refinery [5] 15 pH (6-9), Oil and Grease (10 mg/L), BOD5 at 20 °C (30 mg/L), Phenols (0.5 mg/L ), Sulfide (1 mg/L ), SS (50 mg/L),
COD (150 mg/L), C6H6 (0.1 mg/L), Benjo(a)pyrene (0.2 mg/L), Pb (0.1 mg/L), Ni (1 mg/L), Hg (0.01 mg/L), Cu (1
mg/L), CN (0.1 mg/L), Temperature (not more than 5°C from waterbody)

Pesticide (Manufacturing 35 Bioassay test (90% of fish will be alive after 96 hours in treated liquid waste), As (0.2 mg/L), Cu (1 mg/L), Mn (1
and Formulation) [5] mg/L), Hg (0.01 mg/L), Sb (0.1 mg/L), Zn (1 mg/L), Sn (0.01 mg/L), Ni (not more than 5 times of drinking water),
CN (0.2 mg/L), NO3 (45 mg/L), Phosphate (5 mg/L), Phenol (1 mg/L), Carbonyl (0.1 mg/L), CuSO4 (0.05 mg/L),
Copper Oxychloride (9.6 mg/L), Dimethoate (0.45 mg/L), Endousulfan (0.01 mg/L), Fenitothrion (0.01 mg/L),
Malathion (0.01), Methyl Parathion (0.01 mg/L), Paraquat (2.3 mg/L), Phenathoate (0.01 mg/L), Phorate (0.01
mg/L), Proponil (7.3 mg/L), Pyrethurms (0.01 mg/L), Ziram (1 mg/L), Other pesticide (0.1 mg/L)

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Sector with Schedule no. No. of Some of the major parameters of surface, sewage and industrial waste water with range of values
parameter
Lead Acid Battery [5] 3 Pb (0.1 mg/L), SS (50 mg/L), pH (6.5-8.5)
Dry Cell Battery [5] 5 pH (6.5-8.5), SS (100 mg/L), Mn (2 mg/L), Hg (0.02 mg/L), Zn (5 mg/L)

Paint Factory [5] 12 pH (6.5-8.5), SS (100 mg/L), BOD5 at 20 °C (30 mg/L), Phenols (1 mg/L), Oil and Grease (10 mg/L), COD (200
mg/L), Bioassay Test (90% of fish will be alive after 96 hours in treated liquid waste), Pb (0.1 mg/L), Hexavalent
Cr (0.1 mg/L), Cu (0.1 mg/L), Ni (2 mg/L), Zn (5 mg/L)

Ceramic Tiles and Sanitary 4 pH (6-9), SS (100 mg/L), BOD5 at 20 °C (30 mg/L), Oil and Grease (10 mg/L)
Wire [5]
Brickfield (Wastewater) [5] 2 pH (6-9), SS (100 mg/L)

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Table 3: Ambient air quality standards mentioned in the Air Pollution Control Rules, 2022

Air Standards Average time


pollutants
5 mg/CC 8 hours
CO
20 mg/CC 1 hour
0.25 μ/CC Yearly
Pb
0.5 μ/CC 24 hours
40 μ/CC Yearly
NO2
80 μ/CC 24 hours
50 μ/CC Yearly
PM10
150 μ/CC 24 hours
35 μ/CC Yearly
PM2.5
65 μ/CC 24 hours
180 μ/CC 1 hour
O3
100 μ/CC 8 hours
250 μ/CC 1 hour
SO2
80 μ/CC 24 hours
100 μ/CC Yearly
NH3
400 μ/CC 24 hours

Table 4: Area wise standard for noise mentioned in the Noise Pollution Control Rules, 2006

Serial Types of area Standards (dB(A) Leq unit


no Day (6 am to 9 pm) Night (9 pm to 6 am)
1 Silent area 50 40
2 Residential area 55 45
3 Mixed use area 60 50
4 Commercial area 70 60
5 Industrial area 75 70

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4 Chapter 04: Difference between the ECR, 1997 and the ECR, 2023

The Ministry of Environment, Forest and Climate Change in Bangladesh has introduced the
Environmental Conservation Rules (ECR) 2023 as part of the implementation of the
Environmental Conservation Act 1995. These rules, effective since March 02, 2023, replace the
Environmental Conservation Rules of 1997.

It is stated in the ECR, 2023 about applying to Department of Environment’s (Department) zonal
or divisional office for Site Clearance Certificate (SCC) which was missing in the ECR 1997.

The major differences between the ECR, 1997 and the ECR, 2023 are described below:

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Table 5: Major differences between the ECR 1997 and the ECR 2023

Subject ECR, 1997 ECR, 2023


Section or Schedule Description Section or Schedule Description
Types Sec-7 4 Types-Green, Orange A, Orange Sec-5 4 Types- Green, Yellow, Orange &
B & Red Red
ECC Validity Sec-08 Green- 3 Years, Orange A-1 Year, Sec-20 Green- 5 Years, Yellow-2 Years,
Orange B-1 Year, Red-1 Year Orange- 1 Year, Red-1 Year

Industry Category R-7 Green- 22, Orange A-26, Orange Schedule1//R-5&12 Green- 23, Yellow-37, Orange-113,
B-69, Red-69 Red-72
ECC Processing After Application: After Application:
Time Green- 15 Working Days, Orange A-15 Working Days, Orange Green- 7 Working Days, Yellow-7 Working Days, Orange-20
B-30 Working Days, Red-30 Working Days Working Days, Red-30 Working Days
Inland Water Schedule3//R-12 4 Parameters, Total Coliform for Schedule2//R-31 12 Parameters,
Parameter Irrigation water <=1000 Total Coliform for Irrigation water
<=50,000

Coastal Water N/A Schedule2//R-31 16 Parameters


Parameter Name of Parameters:
Common from GW (No BOD test) +
Hexavalent Chromium (Cr),
Suspended Solid (SS), Fecal
Coliform, Oil and Grease, Phenols,
Arsenic (As), Cadmium, Cyanide
(CN--)
Sewage Water Schedule9//R-13 6 Parameters Schedule3//R-32 9 Parameters
Parameter
Industrial Waste Schedule10//R-13 34 Parameters Schedule4//R-32 32 Parameters
Water Parameter
(Type wise)

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Subject ECR, 1997 ECR, 2023
Section or Schedule Description Section or Schedule Description
ECC Application Fee N/A Schedule6//R-10,12,14 Yellow-2000 BDT, Orange-5000
BDT, Red-10,000 BDT (Without
VAT)
EIA Scope of Work N/A Schedule10//R-14 Guidelines related to Scope of
Work of EIA are mentioned
EIA Report Steps N/A Schedule11//R-15 Guidelines related to EIA Report
preparation are mentioned
Powerplant Issue All Powerplants are under Red Category Coal-fired power plants up to 50MW and gas-fired plants up to
100MW are under Orange Category
Renewal of ECC and No separate application form for renewal of ECC and SCC Form 4 &5 Separate application form for
SCC renewal of ECC and SCC

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5 Chapter 05: Legal Actions

5.1 Offences and Penalties


Any violation of provision and not following the directions of Environment Conservation Rules,
2023 will be subjected to offence and penalties. The following penalties and punishments are
mentioned in Environment Conservation Act, 1995 and subsequent amendment in 2010:

Table 6: Offences and penalties

SL. Description of Offence Penalty that may be imposed


No.
1 Non-compliance of a direction issued In case of first offence, imprisonment for not
under sub-section (2) or (3) of section 4 less than 1 (one) year, not more than 2 (two)
years or not less than 50 (fifty) thousand
taka, not more than 2 (two) lakh taka fine or
both; Imprisonment for not less than 2 (two)
years, not more than 10 (ten) years or not
less than 2 (two) lakhs of taka, not more than
10 (ten) lakhs of taka or both in case of every
subsequent offence.
2 Violation of sub-section (4) by In case of first offence, imprisonment not
continuing activities or processes or by exceeding 2 (two) years or fine not exceeding
initiating activities or processes, 2 (two) lakhs or both; Imprisonment for not
prohibited under subsection (1) of less than 2 (two) years, not more than 10
section 5 in an area declared as an (ten) years or not less than 2 (two) lakhs of
ecologically critical area taka, not more than 10 (ten) lakhs of taka or
both in case of every subsequent offence.
3 Violation of sub-section (1) of section 6 In case of first offence, a fine not exceeding
(Restrictions regarding vehicles emitting taka 5 (five) thousand; in case of second
smoke injurious to Environment) offence, a fine not exceeding taka 10 (ten)
thousand;
in case of each subsequent offence, an
imprisonment not exceeding 1 year or a fine
not exceeding taka 20 (twenty) thousand or
both.
4 If, in violation of a direction issued under (a) In case of first offence, imprisonment not
section 6A, any article specified in the exceeding 2 (two) years or fine not exceeding
direction is – 2 (two) lakhs taka or both; Imprisonment for
(a) manufactured, imported, marketed; not less than 2 (two) years, not more than 10
(b) sold, exhibited for sale, stocked, (ten) years or not less than 2 (two) lakhs taka,
distributed, commercially transported or not more than 10 (ten) lakhs taka or both in
commercially used case of every subsequent offence.
(b) Imprisonment not exceeding 1 (one) year
or fine not exceeding 50 (fifty) thousand taka
or both.
5 Violation of section 6A In case of first offence, imprisonment not
exceeding 2 (two) years or fine not exceeding
2 (two) lakhs taka or both; Imprisonment for
not less than 2 (two) years, not more than 10
(ten) years or not less than 2 (two) lakhs taka,
not more than 10 (ten) lakhs taka or both in
case of every subsequent offence.

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SL. Description of Offence Penalty that may be imposed
No.
6 Violation of rules mentioned in section In case of first offence, imprisonment not
6C exceeding 2 (two) years or fine not exceeding
2 (two) lakhs taka or both; Imprisonment for
not less than 2 (two) years, not more than 10
(ten) years or not less than 2 (two) lakhs taka,
not more than 10 (ten) lakhs taka or both in
case of every subsequent offence.
7 Violation of section 6D In case of first offence, imprisonment not
exceeding 2 (two) years or fine not exceeding
2 (two) lakhs taka or both; Imprisonment for
not less than 2 (two) years, not more than 10
(ten) years or not less than 2 (two) lakhs taka,
not more than 10 (ten) lakhs taka or both in
case of every subsequent offence.
8 Violation of section 6E In case of first offence, imprisonment not
exceeding 2 (two) years or fine not exceeding
2 (two) lakhs taka or both; Imprisonment for
not less than 2 (two) years, not more than 10
(ten) years or not less than 2 (two) lakhs taka,
not more than 10 (ten) lakhs taka or both in
case of every subsequent offence.
9 Non-compliance of a direction issued In case of first offence, imprisonment for not
under sub-section (1) of section 7(If it less than 1 (one) year, not more than 2 (two)
appears to the Director General that any years or not less than 50 (fifty) thousand
act or omission of a person is causing or taka, not more than 2 (two) lakh taka fine or
has caused, directly or indirectly, injury both; Imprisonment for not less than 2 (two)
to the ecosystem or to a person or group years, not more than 10 (ten) years or not
of persons) less than 2 (two) lakhs of taka, not more than
10 (ten) lakhs of taka or both in case of every
subsequent offence.
10 Violation of sub-section (1) or (2), or In case of first offence, imprisonment for not
failure to take remedial measures in less than 1 (one) year, not more than 2 (two)
accordance with subsection (3) of years or not less than 50 (fifty) thousand
section 9 (Discharge of excessive taka, not more than 2 (two) lakh taka fine or
environmental pollutant etc.) both; Imprisonment for not less than 2 (two)
years, not more than 10 (ten) years or not
less than 2 (two) lakhs of taka, not more than
10 (ten) lakhs of taka or both in case of every
subsequent offence.
11 Failure to render, without reasonable Imprisonment not less than 1 (one) year, not
excuse, assistance or cooperation to the more than 3 (three) years or fine not less
Director General or a person authorized than 50 (fifty) thousand taka, not exceeding 3
by him as required by sub-section (2) of (three) lac taka or both.
section 10 (The person operating any
industry, activity or process or the
person handling any hazardous
substance shall be bound to render all
assistance to the said authorized person
in discharging his duties under this Act.)
12 Violation of section 12 (Environmental Imprisonment not less than 2 (two) years,
Clearance Certificate) not more than 5 (five) years or fine not less

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SL. Description of Offence Penalty that may be imposed
No.
than 1 (one) lac taka, not exceeding 5 (five)
lac taka or both.
13 Violation of any other provision of this Imprisonment not exceeding 3 years or fine
Act or a direction issued under the rules not exceeding 5 (five) lac taka or both.
or obstructing the Director General, or a
person authorized by him in discharging
his duties or intentionally delaying the
discharge of such duty

(2) Subject to other provisions of this section, certain offences and penalties for such offences
may be specified in the rules, but the penalty will not be more than imprisonment of 2 (two) years
or 2 (two) lac taka or both.]
[15A. Claim for compensation. - Where a person or a group of persons or the public suffers loss
due to violation of a provision of this Act or the rules made thereunder, or a direction issued under
section7, the Director General may file a suit for compensation on behalf of that person, group or
the public.]
[15B. Confiscation of materials and equipment’s involved in offence. - Where a person is found
guilty and sentenced under section 15, all equipment’s or parts thereof, transport, substance or
any other thing used in the commission of the offence may be confiscated under order of the
court.]

▪ Maximum imprisonment for 10 (ten) years or 10 (ten) lakhs of taka or both in case of
section 4-6
▪ Maximum imprisonment for 3 (three) years or 3 (three) lakhs of taka or both in case of
section 10
▪ For violating section 12 (Environmental Clearance Certificate), maximum imprisonment
for 5 (five) years or 5 (five) lakhs of taka or both
▪ Violation of any other provision of this Act or a direction issued under the rules or
obstructing the DG, or intentionally delaying the discharge of such duty, maximum
imprisonment 3 (three) years or 5 (five) lakhs of taka or both

i
Disclaimer:
This document has been prepared unofficially. The authors always welcome suggestions on the
contents of this document. So, we would request the readers to let us know about any necessity
of correction or enhancement through following contact:

Raihan Uddin Ahmed


Environmental Specialist
Infrastructure Development Company Limited
Email: raihan@idcol.org

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