GOVERNMENT OF THE PUNJAB,

PROVINCIAL ENVIRONMENTAL

PROTECTION AGENCY

26^th November, 2012

NOTIFICATION

No. F#1143-167/G/LS/EPA/12. In exercise of the powers conferred under section 33 of the Punjab Environmental Protection Act, 1997 (XXXIV of 1997), the Provincial Environmental Protection Agency, with the approval of the Government, is pleased to make the following regulations:

1. Short title and commencement: - (1) These regulations may be cited as the Punjab Environmental Protection (BTS) Regulations 2012.

(2) They shall come into force at once.

2. Definitions:- (1) In these regulations:

(a) “Act” means the Punjab Environmental Protection Act, 1997 (XXXIV of 1997);

(b) “ambient noise” means the intensity, duration and character of sounds from all sources in a particular area such as residential, commercial, industrial, silence zone and mixed categories of these areas;

(c) “BTS” means the Base Transceiver Station with or without gen set having stationary component of a cellphone system which includes transmit-receive units and one or more antennae, combined systems often including multiple co-located systems and ganged directional antennae;

(d) “checklist” means an expression of information or documents or data or information, listed in Schedule I, compulsorily required to be submitted along with an application for initial environmental examination for a BTS project;

(e) “Director-General” means Director-General of the Provincial Environmental Protection Agency;

(f) “gen set” means a machine that converts mechanical energy into electrical energy, operated through any source of energy;

(g) “hospital” means a health care unit in public or private sector, approved or recognized by the competent health authority;

(h) “IEE Form” means a Form filled in by the proponent or by an authorized agent of the proponent corresponding or explaining details required by the provincial Agency as incorporated in Schedule I for purposes of review;

(i) “noise emission standard” means the standard to be used for measurement of noise at a minimum distance of one meter from source;

(j) “PEQS” means Provincial Environmental Quality Standards established under the Act;

(k) “schedule” means a schedule appended to these regulations;

(l) “silence zone” means a zone declared as such by a competent authority; and

(m) “smoke opacity” means degree of darkness of flue gas caused by emission of un- burnt carbon particles due to incomplete combustion of fuel measured on Ringlemann Scale.

(2) All other words and expressions used in these regulations, but not defined, shall have the same meanings, as are assigned to them in the Act.

3. Preparation of IEE Form for BTS.- (1) The proponent shall fill up the IEE Form of the BTS project site in accordance with the requirements of the checklist.

(2) All relevant details reflecting qualitative and quantitative impact of the BTS shall be incorporated in the IEE Form, whose completeness or otherwise, shall be confirmed by the District Officer (Environment) or any other officer of the Provincial Agency authorized by the Director-General.

4. Review Fee.- The proponent of a BTS project shall deposit an amount of fifteen thousand rupees as a non-refundable review fee in the designated account of the Government exchequer at the time of submission of the IEE Form along with the application Form contained in Schedule-II.

5. Filing of IEE Form.- Five printed and two soft copies of IEE Form along with the application shall be filed with the District Officer (Environment) for purposes of environmental approval of the initial environmental examination as per Schedule I along with the copy of receipt showing payment of the review fee.

6. Review.- (1) The District Officer (Environment) shall make every effort to carry out review of the IEE Form within fifteen days as per Schedule IV after confirmation of completeness under regulation 3 and the District Officer (Environment) shall prepare the IEE Form review report and project suitability report.

(2) While reviewing the IEE Form, the District Officer (Environment), in addition to the site inspection report, may recommend or otherwise as per parameters of schedule I and partA of the schedule IV.

(3) In case the District Officer (Environment) fails to furnish the site inspection report of a project within the prescribed duration to the Director General or does not recommend the project, the proponent may submit an application to the Director-General, who may obtain site inspection report through specially authorized officer or committee.

(4) The review of the IEE Form by the Provincial Agency shall be based on quantitative and qualitative assessment of the parameters given in Schedule III along with documents and data furnished by the proponent, comments from the public and Government Agencies, if required.

7. Decision on IEE Form.- On completion of the review, the decision of the Provincial

Agency shall be communicated to the proponent in the form prescribed in Part-B of the Schedule IV and the process of according approval of IEE Form shall be completed within fifteen days from the date of filing of the complete IEE Form.

8. Conditions of Approval.- (1) Every approval of an initial environmental examination for BTS, shall be subject to the conditions laid down in the Act, rules or regulations made under the Act regarding environmental approval.

(2) The proponent of a BTS project shall ensure compliance with the PEQS for ambient noise, smoke opacity and noise emission standards contained in Schedule III.

(3) A BTS with a gen set shall not be established or operated within hundred meters from a hospital, school or silence zone.

(4) In case a gen set is installed with BTS, it shall be installed at least ten feet away from a neighboring wall and the gen set with rubber padding, proper silencer and canopy containing sound proof inner walls to control noise and smoke emission shall be installed.

(5) Where the Provincial Agency accords its approval subject to certain conditions, the proponent shall, before commencing construction or operation of the project, acknowledge acceptance of the stipulated conditions by executing an undertaking in the Form prescribed in Schedule V.

9. Application of IEE/EIA Regulations 2000.- For the parameters not mentioned in these regulations but relevant to regulating, monitoring and cancellation of approvals issued to a BTS project, the Pakistan Environmental Protection Agency (review of IEE/EIA) Regulations 2000 shall apply to the BTS project.

DIRECTOR GENERAL

PROVINCIAL ENVIRONMENTAL

PROTECTION AGENCY,

PUNJAB

(NAWAZ MANIK)

Deputy Director (L&E)

Environmental Protection Agency, Punjab, Lahore

Schedule I

(See rule 3)

CHECKLIST & IEE FORM

Base Transceiver Station

Sr #	Parameters	Remarks
1	General	Remarks
a	Name & address, and cell No. of the proponent	Mentioned/ not Mentioned
b	Name & address, and cell No of contact person	Mentioned/ not Mentioned
c	Name and location of the BTS Tower and Gen Set	Mentioned/ not Mentioned
d	Existing land use	Attached/ not Attached
e	Copy of lease or rental agreement of land or property	Attached/ not Attached
f	Copy of partnership deed	Attached/ not attached
g	Indicate the type of fuel used, storage capacity and handling arrangements	Mentioned/ not Mentioned
h	Status of the site as per record of municipal authority-residential, commercial, industrial or agricultural	Attached/ not Attached
2	Documentation
a	Landownership Documents	Attached/ not Attached
b	TORs for compensations (in case of loss of life or property)	Attached/ not Attached
c	Undertaking/affidavit (schedule-III)	Attached/ not Attached
d	License from Pakistan Telecommunication Authority (PTA)	Attached/ not attached
e	TMA shall issue NOC before Environmental Protection Agency.	Attached/ not Attached
f	CNIC Copy of Proponent	Attached/ not Attached
g	Legal documents of technology transfer authority of the company	Attached/ not Attached
h	Map or Layout of Building including indoor location of placing generator(s)	Attached/ not Attached
3	Description of the Project
a	Total Cost	Mentioned/not Mentioned
b	Total Area	Mentioned/not Mentioned
c	Covered and uncovered area	Mentioned/not
		Mentioned
d	Height of Tower	Mentioned/not Mentioned
e	Category/type of Tower	Mentioned/not Mentioned
f	Lattice tower (3-sided/4-sided), monopole tower/guyed tower/stealth tower	Mentioned/not Mentioned
g	Mode of Service/technology used (GSM, CDMA/3G, wireless, Wi-Fi, broadband, carrier, antennas, any other)	Mentioned/not Mentioned
4	Protection of Accessories of Tower
a	Range of Radio Wave Frequency emitted by tower	Mentioned/not Mentioned
b	Range of Radio Wave Frequency received by tower	Mentioned/not Mentioned
c	Power supply-primary/stand by	Mentioned/not Mentioned
d	Distance of the Tower from immediate residences	Mentioned/not Mentioned
5	Description of Gen Set
a	Rating Capacity KVA	Mentioned/not Mentioned
b	Measures taken to mitigate noise & vibration	Mentioned/not Mentioned
c	Fuel storage capacity	Mentioned/not Mentioned
d	Distance of Gen Set from immediate residences	Mentioned/not Mentioned
e	Alternative Sites	Mentioned/not Mentioned
6	Impacts
a	Profile of social Impacts, if any	Attached/not attached
b	Profile of Environmental Impacts, if any	Attached/not attached
c	Level of noise emitted by Generators, if already installed	Attached/not attached
d	Level of smoke emitted by Generators, if already installed	Attached/not attached
e	Quantity of solid waste generated during construction/operational phase and its disposal plan	Attached/not attached
f	Pictorial view	Attached/not attached
g	Security plan	Attached/not attached
6	Project Social Acceptability
a	Is there any complaint against project	Yes/No
b	If yes, what is the nature of complaint	Attached/not attached
c	Has the issues/complaint has been resolved	Attached/not attached

VERIFICATION: I do solemnly affirm and declare that the information given above and contained in the attached Schedules is true and correct to the best of my knowledge and belief.

Name & Designation of Proponent or authorized agent _________________________________

Postal address of the Proponent: ___________________________________________________

Signature of Proponent: __________________________________________________________

Date: ________________________

Office Stamp or Seal: __________________________

*Please Note photocopies attached should be duly attested.

Schedule-II

(See rule 4)

Application Form

1.	Name & address of proponent
2.	Phone and fax Nos.
3.	Description of Project
4.	Location of Project
5.	Objectives of project
6.	IEE Form attached?	Yes/No
7.	Have alternative sites been considered and reported in IEE Form?	Yes/No
8.	Existing land use and land Requirement
9.	Is basic site data available
10.	Source of Power

Signature of the Proponent: _______________________________________________

Name & Designation of the Proponent: ______________________________________________

Postal address of the Proponent: _______________________________________________

VERIFICATION: I do solemnly affirm and declare that the information given above and contained in the attached Schedules is true and correct to the best of my knowledge and belief.

Date: ___________________ Signature & Seal: __________________________ Schedule III (See rule 6)

Provincial Environmental Quality Standards for Ambient Noise

	Effective from 1^st July, 2012
	Limit in dB(A)Leq*
#	Category of Area/Zone	Day	Night
1.	Residential Area (A)	50	45
2.	Commercial Area (B)	60	55
3.	Industrial Area (C)	75	65
4.	Silence Zone (D)	45	45

Source: NEQS notified on 26-11-2010, Pak, EPA,

Note:

1. Silence Zone: Zones which are declared as such by competent authority. An area comprising not less than 100 meters around hospitals, educational institutions and courts.

2. Mixed categories of areas may be declared as one of the four above mentioned categories by competent authority.

* dB(A)Leq: Time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.

3. The lowest standards or the standards set for night shift shall be followed.

4. The minimum distance for Gen Set from the nearest boundary wall shall be at least 10 feet excluding educational institutions, hospitals and courts.

NOISE EMISSION STANDARD FOR GEN SET

Sr. No	Parameter	Source of emission	Standard
1.	Noise	Gen Set	Noise level not to exceed 65 dB(A) at a distance of 1 meter from enclosure surface of Gen Set
	Provin cial Environme ntal Quality Standard for Smoke
Sr. No	Parameter	Source of emission	Standard
1.	Smoke opacity	Gen Set	Smoke opacity not to exceed 40% or 2 Ringlemann Scale or equivalent smoke number

* (e) “Decibels” means the time weighted unit of measurement of noise in decibels on scale A which is relatable to human hearing expressed as dB(A)Leq.

Schedule –IV (A) (See rule 6)

PART-A

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCY

Project Suitability Report Form

1. Name and Address of the proponent __________________________________________ ________________________________________________________________________

2. Description of the project __________________________________________________

3. Location of the Site _______________________________________________________

4. Status of the Site (Commercial, Residential, Industrial or Agricultural)

_______________________________________________________________________

5. Location Map (attach Annex) _______________________________________________

6. Coordinates (give description of the structures present on anterior, posterior and lateral sides of the project Site ____________________________________________________

________________________________________________________________________

7. Current status of the project (proposed, under construction, installed or operational)

________________________________________________________________________

8. Court case or complaint against proponent (if any) _______________________________

________________________________________________________________________

9. Distance of the Gen Set from School, Hospital or Court (if applicable) ______________

________________________________________________________________________

10. Distance of Gen Set from the boundary walls of the neighbor ______________________

________________________________________________________________________

11. Measures taken or not taken by the proponent to reduce noise and smoke emitted by the Gen Set through rubber padding, silencers and canopy construction

________________________________________________________________________ ________________________________________________________________________

12. Mention readings of noise and smoke emission as per PEQS noted during site inspection

Noise: ___________________________________________________________________

Smoke: ___________________________________________________________________

13. Recommendations for approval of the Project by DO(E)

1. _________________________________________________________________

2. _________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. _______________________________________________________________

14. Reasons to recommend the project for final approval or otherwise:

1. ___________________________________________

2. ___________________________________________

3. __________________________________________

District Officer (Environment)

(Signatures & Seal)

PART-B

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCY

(See rule 7)

Decision on IEE Form

15. Name and address of proponent ______________________________________________

________________________________________________________________________

16. Description of project _____________________________________________________

17. Location of project _______________________________________________________

18. Date of filing of IEE Form__________________________________________________

19. After careful review of the IEE Form, the EPA Punjab has decided to accord its approval, subject to the following conditions:

_______________________________________________

20. Reasons for disapproval, if IEE Form not approved

______________________________________________

Date: __________________________________

Tracking No: ___________________________

DIRECTOR GENERAL

EPA PUNJAB

(Signatures & Seal)

Schedule - V

(See rule 8)

Undertaking

I, (Full name and Address) as proponent for (name, description and location of project) do hereby solemnly affirm and declare that I fully understand and accept the conditions contained in the approval accorded by the EPA Punjab bearing tracking No. ________ dated __________, and undertake to design, construct and operate the project strictly in accordance with the said conditions and the IEE Form.

I also under take to pay compensation in case of loss of life or property during construction or operational phase of the Project.

Name & Signature of the Proponent: ________________________________________________

Designation of proponent: ________________________________________________________ Date: _______________________________________

Stamp or Seal: ____________________________________________________________ Witnesses

(Full names and addresses)

(1) ______________________

(2) ______________________

Pak Law

Tuesday, 27 January 2015

Punjab Environmental Protection (BTS) Regulations 2012.

PUNJAB

Schedule-II

Application Form

Provincial Environmental Quality Standards for Ambient Noise

Schedule –IV (A) (See rule 6)

PART-A

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCY

Project Suitability Report Form

PART-B

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCY

Decision on IEE Form

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