Environmental Protection Licensing

Details

Implementation of Environmental Protection Licensing scheme

The Environmental Protection License (EPL) is a regulatory/legal tool under the provisions of the National Environment Act No. 47 of 1980 as amended by Acts No. 56 of 1988 and No. 53 of 2000.The Industries/Activities for which an Environmental Protection License is required (Prescribed Activities) are classified into four categories as A, B, C and D according to the range of which descending their environmental pollution potential and published in the Gazette No. 2264/18 dated 2022.01.27. It includes 33 Industries/ Activities in part A, 71 in part B, 56 in part C and 39 in part Drespectively.

The table below shows information about the relevant institutions that issue environmental protection licenses for Prescribed Activities /Industries and carry out all the compliance monitoring activities, renewal of EPL, legal activities, and resolving complaints, etc.

                                                                  Table 01

Note : Relevant application forms, for new Environmental Protection Licenses and the Renewal of  the Licenses, published in the second schedule of Gazette Notice No. 1534/18 dated 01.02.2008 can be obtained from the relevant institutions mentioned in table 01 or downloaded from the sub-page named “Downloads” under “Quick Links” on the Central Environment Authority's website.

 Benefits to industrialists by obtaining environmental protection licenses for prescribed Industries/Activities

EPL holder is,

•  protected by law for preventing, minimizing and controlling environmental pollution, in accordance with National Standards and Criteria.
•  able to manage sustainability of the industry by adopting an environmental friendly approach, minimizing the impact on the environment through emissions to air, water and land.
•  given the access to technical guidance and the best available technology for environmental pollution control.
•  able to compete with international market by producing high quality Cleaner & Greener Products through the Waste, Noise & Vibration reduction.

Standards and Criteria

All prescribed Industries/Activities with environmental pollution potential should,

-Discharge the waste water to the environment according standards and parameters shown in Gazette No.2264/17 dated 27.01.2022

-Emit Air emissions according to the standards and parameters shown in Gazette No.2126/36 dated 2019.06.05

-Release the noise according to the standards and parameters shown in Gazette No.973/7 dated 1997.04.30

Under a valid environmental protection license is a legal requirement according the Article 23 A of the National Environmental Act.

- It is also a legal requirement, that production of plastic products according to the standards, mentioned in Gazette No.s 2034/33, 2034/34, 2034/35 dated 01.09.2017 and the avoidance of burning of plastic waste in the open as per Gazette No. 2034/36 at the same day. 

- Further, Ground Vibration and Air Blast Over Pressures, generated by operation of machinery and explosions from the prescribed industries/ activities, should be done in accordance with the Air Blast Over Pressures and Ground vibration interim standards for SriLanka shown in Gazette No.2126/36 dated 2019.06.05 for minimizing the impact on the surrounding buildings and their occupants.

"If any prescribed Industry / Activity generates hazardous waste (Scheduled Waste), which should be managed under which a Scheduled Waste License, according to the Gazette No.1534/18 dated 01.02.2008 in addition to that of an Environmental Protection License is a legal requirement. "

Note: With the aim of protecting the receiving environment, the Central Environment Authority may impose stringent standards and criteria under the section 12 of National Environmental Act,than those of currently in force, for a particular prescribed Industry/Activity located in certain areas.

Procedure for issuance of environmental protection Licenses for prescribed Industries/Activities

Step 1: Procedure for applying for an Environmental Protection Licenses

Duly completed environmental protection licenses application form for each prescribed industry/activity should be submitted to the relevant institutions mentioned in table 01 along with copies of the documents mentioned below.

1. Certificate of Business Registration

2. Legal permission to use the land for the relevant prescribed Industry/Activity. (The copy of deeds, The copy of lease agreement etc.)

3. The legal permission for the establishment of the relevant Industry/Activity in that area (Trade License/Certificate of conformity obtained by the relevant local authority & other pre approvals by the relevant authorities)

4. Production certificate required for specific products (refining products, pharmaceutical products, pesticide products etc.)

5. The measures taken formitigating environmental pollution

6. Any other document or description requested by the relevant institutions mentioned in table 01

Step 2: Pre-screening of the application

- The application will be pre-screened by the relevant institutions mentioned in table 01, to determine the need to issue an Environmental Protection License, the accuracy of the information provided in the application and the infection fee to be charged.
- Only applications that pass pre-screening will proceed to Step 3 and the rest will be referred back to Step 1.

Step 3: Determining the inspection fee to be charged

-Based on the information provided in the application form, the inspection fee to be charged by the relevant Institutions mentioned in table 01, will be informed to the industrialist
-A receipt will be issued to the applicant once the payment is made.
- Field inspection will be conducted after submission of said receipt to the relevant institutions mentioned in table 01.

Step 4 : Conduct field inspection

The officials of the relevant Institutions mentioned in table 01, will conduct a field inspection to check the accuracy of the information provided in the application form and the possibility of operating such an industry while controlling environmental pollution and prepared an inspection report with recommendations.

Step 5: Evaluate the inspection report with recommendations

- The inspection report with which relevant recommendations prepared by the officials of the relevant Institutions mentioned in table 01, on the basis of field information, the technical reports provided by the applicant and the social aspects determines that the issuing of Environmental Protection License / the minimization of any administrative or technical issues if identified/the refusal of issuing of EPL will be technically evaluated by the authorized officers.
- In order to evaluate this inspection report for the prescribed Industry/Activityin the D category, a separate technical committee (Tech committee) has been appointed for each local government under the coordination of an environmental officer of CEA.
- If the environmental protection License can be granted after technical evaluation, the industrialist will be informed by the relevant Institutions mentioned in table 01, to pay the license fee or resolve administrative or technical issues if there are any.

Step 6: Issuing Environmental Protection License

- If the license is recommended, the industrialist will be informed by the relevant Institutions mentioned in table 01 to pay the relevant license fee, and if there are no administrative or technical problems, based on the recommendations of the inspection report, within 14 days from the date of the inspection, the environmental protection license will be issued for the Industry.The each EPL has aspecific serial No. its own.
-Validity period of an environmental protection license and license fee for each prescribed industry/ activity given in the table below.

                                                                                               Table 02

Note: Half of the actual License fee and the Renewal Fee shall be levied from Hospitals and waste management facilities operated by the government and government institution

Step 7:Renewal of Environmental Protection License

- The environmental protection license renewal application must be forwarded to the relevant institutions mentioned in table 01, 3 months prior to the expiry date of the environmental protection license and before making any changes in the information provided or any changes in the operation.
- During the license renewal process an inspection fee has to be paid and, special attention will be paid to check whether the relevant industries/activities have violated the conditions of the environmental protection license already  issued , and if the violation has been rectified within the given time period, the license will be renewed. There is no any change in the license fee.
-According to the Gazzet notofication No: 850/4 dated 20.12.1994 if the license is refused, refused to renew, suspended or cancelled the relevant industrialist has the right to appeal to the Secretary to the Ministry of Environment within 30 days.

Step 8: Monitoring activities for specific industries/processes

The relevant institutions mentioned in table 01 that  Issuing Environmental Protection licenses, would carry out monitoring activities at regular intervals to check whether the prescribed Industries/Activities, are smoothly proceed & complied with the given conditions in the valid EPL, in accordance with the quality analysis reports issued by the registered / recognized laboratories and institutions of the Central Environment Authority, for waste water, air emissions, noise & vibration and final disposal and the environmental pollution control activities /the methodology installed in the prescribed Industry.

Step 9:Taking legal action against certain industries/processes

In the following cases, legal action is taken against the prescribed Industries/Activities by the relevant institutions mentioned in Table 01, that issuing the Environmental Protection licenses.

- Operating in violation of the conditions specified in the Environmental Protection license

- Operating without an Environmental Protection licensen In taking legal action, attention is paid to the following cases.

1. 1. Cancellation /Temporary Suspension of Environmental Protection license
   2. Rejection of the application directed to obtain the environmental protection license
   3. Final decision of appeal hearings referred by the Secretary to the Ministry of Environment
   4.  Making Legal Notices