Flyash Circular PDF
Flyash Circular PDF
Flyash Circular PDF
24028/14/2018-H
Government of India
Ministry of Road Transport & Highways
S&R(P&B)Section
Transport Bhavan,No.1, ParliamentStreet, NewDelhi-110001
1. The Chairman, National Highways Authority of India, G-5 & 6, Sector-10, Dwarka,
New Delhi-110 075.
2. The ManagingDirector, NHIDCL,PTI Building, New Delhi-110001
3. All CE-ROsof the Ministry
The use of fly-ash in road construction is permitted as per the Standards &
Specifications evolved by the Indian Road Congress/ Ministry. The physical and chemical
properties of fly ash and the design methodology to be adopted for embankment
construction has been specified in IRC:SP:58:2001"Guidelines for use of fly-ash in road
construction". Section 305 i.e. "Embankment Construction" of MoRT&HSpecifications for
Road and Bridge works lays down the specifications for use of fly-ash in embankment
construction.
2. There is a huge generation of fly ash in the country and substantial portion of it
remains unutilized which is an environmental concern, creating health hazards apart from
occupation of large areas of precious land for its storage/disposal. Disposal and utilization
of ash generated at the thermal power plants has become a pressing and urgent task. Bulk
utilization of the fly-ash is possible in the field of civil engineering applications, especially
construction of road embankments.
Para 10: The cost of transportation of ash for road construction projects or for
manufacturing of ash based products or use as soil conditioner in agriculture
activity within a radius of hundred kilometers from a coal or lignite based
thermal power plant shall be borne by such coal or lignite basedthermal power
plant and the cost of transportation beyondthe radius of hundredkilometers and
up to three hundredkilometers shall be sharedequally between the userand the
coal or lignite basedthermal power plant.
Para 14: The coal or lignite basedthermal power plants shall within a radiusof
three hundredkilometers bear the entire cost of transportation of ashto the site
of road construction projects under PradhanMantri Gramin SadakYojana and
asset creation programmes of the Government involving construction of
Page1 of 3
e. No. 24028/14/2018-H
Government of India
Ministry of Road Transport & Highways
S&R(P&B)Section
Transport Bhavan,No.1, ParliamentStreet, New Delhi-110001
4. The issue of lesser off-take of fly-ash in road construction activities of the Ministry
of Road Transport & Highways and its executing agencies (NHAI, State PWDs,NHIDCL)has
been reviewed at the level of the Ministry. It was pointed out that the Thermal Power Plants
have been found to be reluctant to bear the Transportation Costs in accordance with the
latest Notification issued by the MoEF&CCon the subject. Accordingly, Secretary, MoRTH
took up the matter with the Secretary, Ministry of Power and the CMDI NTPC. The CMD,
NTPCclarified that they had already issued instructions in this behalf to the officers-in-
charge of all the NTPC Plants. The availability of fly ash at various stations of National
Thermal Power Corporation (NTPC)is available at NTPCofficial web site www.ntpc.co.in
under the Tab "Ash Availability". The names of responsible persons along with telephone
numberI mobile numberI E-mail address to communicate for issues of Pond ash is
mentioned herein. The same is also available in the App "ASHTRACK'launched by the
Ministry of Power.
5. A list of Thermal Power Stations and the available quantity of fly ash as on 30-6-
2018, as received from the Ministry of Urban Development is enclosed at Annexure-A.
7. It is, therefore, requested to assessthe quantity of fly ash that can be utilized in
each on-going project within a radius of 300 km from the thermal power plant. The details
of the assessedquantities of fly ash may be provided in the following proforma to the
Ministry urgently:
Page2 of 3
• No. 24028/14/2018-H
Government of India
Ministryof Road Transport & Highways
S&R(P&B)Section
Transport Bhavan,No.1, ParliamentStreet, New Delhi-110001
8. It is requested to provide the details in the proforma prescribed under para 7 above
within 10 days to the Ministry. It may be mentioned that a meeting shall be held by the
Secretary (RT&H)on this issue in the first week of September, 2018.
Yours faithfully,
(f)().'~--
V ~aj Kumar)
Assistant Executive Engineer (SaR) (paB)
For Director General (Road Development) ass
Copy to:
Page3 of 3
IU
U/III~V
Asn Avauacmty I N I I-'L,;
•
Ash Availability
4. Farakka West Bengal June 2018 2700 39.92 Kunal Gupta, 03485-
GGM 224241
'7
r, Kahalqaon Bihar June 2018 3700 737000 65.93 K Sreedhar. 06429 -
GGM 226333
10. Feroze Uttar June 2018 2000 8.58 R.K Sinha, 05311 -
Gandhi, Pradesh GCM 278010
Unchahar
13. Tanda Uttar June 20iS 1450 6.14 !<.S R21jiv , ED 05273 -
Pradesh 281198
https:llwww.ntpc.co.in/en/ash-availability 1/2
VIII/LV IU
AShAvailability I NTPC
16. Mauda Maharashta June 2018 4000 784157 0.83 Rajkumar. 07115 -
GGM 281170
17. Barh Bihar June 2018 875 5.04 Asit Kumar 06132-
Mukherjee, 240001
GGM
19. Solapur Maharastra June 2018 500 0.14 Nav Kumar 0217 -
Sinha. GGM 2252578
Procedure for supply of ash from NTPCThermal power plants Click here...
https:llwww.ntpc.co.in/en/ash-availability 2/2
.' Draft MOU
POND ASH/BOTTOM ASH MOUND ASH FROM NTPC'S ------- (NAME OF THERMAL
The Memorandum of Understanding (MOUin short) is made on ------- day of ---------- (name
Enterprise, incorporated under the company Act, 1956 and having its Registered Office at
NTPCBhawan, Core -7, ScopeComplex, 7 Institutional area, Lodhi road, New Delhi- 110003
and having one of its coal based thermal power station namely -------------------------- (name
of power plant with full address) herein referred to "NTPC" (which expression shall unless
repugnant to the context or meaning there of "NTPC" includes its successorsand assigns)
on first part.
And
National Highway Authority of India (NHAI) having its registered office at ---------------- (full
address of registered office) referred as "-----"(short name) (which expression shall unless
repugnant to the context or meaning of includes its successorsand assigns)on second part.
WHEREAS------- (short name of power plant) has amongst other, a thermal power station at
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"
•
AND WHEREASin the operation of said------ (name of power plant) ---------- tonne of ash
per day is generated and ------- (name of power plant) intends to bear cost for loading,
transportation and unloading pond ash/ bottom ash mound ash for use in construction of
road embankment at --------- (location of site) for its utilization in compliance of MoEF&CC
AND WHEREAS-------- (name of power plant) had approached ------- NHAI for use of pond
ash/bottom ash/ mound ash in construction of road embankment of the ------ road project
as per the stipulation of said gazette notification and compliance of the same.
AND WHEREAS--------- NHAIhas agreed to utilize pond ash/ bottom ash/ mound ash in said
road construction projects as per the design/ specification approved by the government
agency or their consultant or as per the guidelines or specifications issued by the Indian
time to time.
ANDWHEREAS-------(name of power plant) has agreed to permit for excavation and loading
of pond/ash/bottom ash/ mound ash from identified Ash Pond/ mound ash of -------- (name
of ash pond and location) to transport ash to road construction site as per the requirement
given by the construction agencies of NHA!. ---- to take up the road project work in line
That in consideration of mutual agreement and with intent to achieve above objective of
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1. NTPCshall allow excavation, loading and transportation of pond ash/ bottom ash/
mound ash in the covered trucks., dumpers as per the approved guidelines of CPCBto
the construction site of road project (name of road site) to authorized transporter/
25-01-2016.
2. NTPCshall issue pond ash/bottom ash/ mound ash on "as is where is basis and free of
3. The --------- NHAIshall inform to NTPC------ for their (i) total requirement of pond ash/
bottom ash/bottom ash/ mound ash for the project (ii) schedule of construction plan
along with location and (iii) monthly requirement of pond ash / bottom ash / mound
ash at that site so that necessaryarrangement will be made by NTPC---·--- at Ash pond/
4. The authorized representative of .... -.-.-- NHAI shall certify the quantity of ash
measurement of the embankment/ fill site where ash has been used. For this, Project
Director, NHAI ... ----.- will coordinate this activity and take care of day to day issues
5. The Rate for transportation of Fly Ash will be as per the prevailing schedule of rates of
the respective state and where such rates are not available, the same will be decided
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..
• 6. The role of NTPC shall be limited to bear the cost of excavation, loading,
transportation and unloading of pond ash/ bottom ash/ mound ash in line with
7. "As per MoEF a CC gazette notification dated 03-11-2009 use of fly ash in road
Accordingly, provision for use of ash was incorporated in DPR/ tender document /
awardof work. In line with provision of latest gazette notification dated 25th January,
thermal power plant and share equally with NHAIbeyondthe radius of 100 km and up
to 300 km*. NHAIshall take necessarycare in the contract awardedafter 3rd Nov2009
and before 25th January 2016 wherein provision for mandatory use of ash within 100
km of power plant already made and contractor hasduly considered,no double benefit
With regard to the contract awarded by NHAI, the concessionaire/ contractor wilt
transport the fly ashfrom respective NTPCthermal power at their own resources.NHAI
will submit the bill/invoice for reimbursementof transportation cost of fly ash based
on the quantity of fly ash lifted and used in road embankment work and the rate
agreed as per polhfh6. 5 NTPC .;'; wil( reimburse lhefrarisporfiiff()11 ··cosfof fly· ash to
NHAIafter due verification within 6 weeks' time".
4 of 6
8. "In order to ensure compliance of environment / safety norms while excavating,
loading transportation, unloading and placing of ash, suitable provisions will be made in
the contract of authorized agency / contractor by NHAI for making him solely
9. NTPC······ shall not be responsible for any violation of quality / construction norms set
pond ash/ bottom ash/ mound ash....•....... NHAI shall ensure that Govt. rules Ii
regulation, local bye- laws, environment norms/ stipulations etc. for construction of
10. To ensure that pond ash/ bottom ash/ mound ash issued from by NTPC ... thermal
power plant has been utilized for road embankment construction by the contractor of
NHAIshall link the payment of (name of contractor) for the construction work of
........ (name of road project for which pond ash/ bottom ash/ mound ash is supplied)
11. NTPC·shall not be responsible for any defects in the quality, construction/failure of
road project, if any, due to use of ash and not liable to pay any compensation whatever
12.NTPC - shall not be responsible for any accident or injury to person engaged or
ash.
5 of 9
• 13. NTPCshall not be responsible for ash dumped on construction site and not utilized by
the contractor on default and NHAI shall take all precautions to prevent loss or
possible and shall be liable to make good any loss or damages incurred due to
In case of any dispute, confusion or difference between the NTPC --------- and NHAI
hereto, the Head of the NHAI/ road construction department of Government! Union
Territory and the NTPC HQ shall confer together and arrive at a mutually agreeable
solution amicably, which shall henceforth be binding upon both the parties.
15. Arbitration
In the event the dispute or difference or claim, as the case may be, is not resolved, as
evidenced by the signing of the written terms of settlement by the Parties, within
thirty (30) days of reference for amicable settlement and/or settlement with assistance
of Expert, as the case may be, the same shall be finally settled by binding arbitration
under the Arbitration and Conciliation Act, 1996 as amended from time to time. As the
claims, if any, shall arise only for petty reasons and petty values not more than a few
Lakh Rupees, the case may be referred for a local consolation at Regional Office level
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16. Place of Arbitration
The place of arbitration shall be at the HQ of local Regional Office, NHAI. But by
agreement of the Parties, the arbitration hearings, if required, can be held elsewhere
17. Validity
This MOUshall come into force for all purpose and intent from the date of its signing
and shall remain valid and operative for --------- months which may be extended or
This MOUshall be governed by Indian laws and the Courts of Delhi hall have exclusive
19. Severability
In the event that any clause or provision of this MOU or any part thereof shall be
declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity
shall not affect the validity or enforceability of the remaining portions of this MOU
The MOUterms can be reviewed on mutual agreement in writing between NTPC- and --
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'"
•
21. Force Majeure
this agreement shall remain suspended and neither of them shall be entitled to claim
any compensation from each other for any loss or damage caused by such suspension,
whether total or partial during the force majeure events such as but not limited to
flood, earthquake, strike, war, terrorist attack etc. It shall be obligatory on the part
of all the two parties to communicate in writing to each other of the happening of
force majeure events and its cessation within 10 (ten) days of its happening or on date
of cessation as the case may be. All the parties shall mutually discuss and decide the
future course of action on the happening of force majeure events if it continues for
more than 30 days. (Force Majeure is hereby defined as any cause which is beyond the
control of the NTPC- AND - NHAIas the case may be which they could not foresee or
with a reasonable amount of diligence could not foresee and which substantially affect
the performance of agreement such as (a). Natural Phenomena including but not
limited to floods, draughts, earthquakes and epidemics and (b), Acts of any
22. Notices
Any notice thatmavbe required under.this agreement shall. he given in writing by any
Mail or Facsimile and shall be deemed to have been duly served upon receipt thereon.
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NHAI
NTP( Station
In witness whereof the parties through their authorized representative put their
respective signatures of the Memorandum of Understanding on the day, month and year
Witness
1 ---------- 1 ---------
1--------- 2 ----------
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.. ,
AND WHEREAS; the term "fly ash'l.mcans and includes all categories or ~oups of coal
- .. . .... ~ .-
or lignite ash generated at the thermal power plant and collected by Electrosta~ yrecipitator
(ESP) or bag filters or other similar suitable equipments; bottom ash is -the ash collected
separately at the bottom of the boiler; pond ash is the mixture of ESP Fly ash and bottom ash,
but, for the purpose of this notification, the term "fly ash"'nleans and includes all ash generated
su~h as Electrostatic Precipitator (ESP) ash, dry fly ash, bottom ash, pond ash. and mound ash as
the objective is to utilise all the ashes;
AND WHEREAS, there is a need for restricting the excavation of top soil for
manufacture of bricks and for other works which involve use of top soil and promoting
. .
utilisation of fly ash produced 'by co~ or lignite based thermal power plants indnding captive
power plants andco-generation plants in the manufacture of building materials and construction
activity;
AND WHEREAS~ it was observed that there was a gr~dual increase in the use of fly ash
in the manufacture of fly ash bricks or products from about 1.5 million.tonne in 2002-2003 to
3.19 million tonne in 2006-2007 which needs to be further encouraged for achieving the ultimate
objective of conservation .of top soil and minimise .environmental pollution caused due to fly ash;
"-'-.
AND WHEREAS, it is observed that' construction agencies are yet to achieve their
targets of utilization of fly ash based products even after the 31M August, 2007. the date
prescribed for 100% utilisation of fly ash based products in the said notification of 1999 and.it is
also observed that many thermal power sta?ons ~r plants are also yet to achieve the targets
drawn up in their actio~.plans;
.!
AND WHERE4S, the representations -of the brick kiln owners were considered with
regard to transporting of fly ash over a long distance and also the logistics involved including the
energy cost;
..
AND, WHEREAS, the issue
.
has been examined by the Government of India in the
.
AND WHEREAS, clause (a) of sub-rule (3) of rule 5 of the Environment (Protection)
Rules, 1986 provides that whenever the Central Government considers that prohibition' or
restrictions of any industry or cattying on any processes or operation in any area should be
. imposed, it shall give notice of its intention to do so;
..
AND WHEREAS? a drift of amendment to the Government of India, Ministry of
Enviroamene- and -Feeests -notificarionnu;- S:0::7u:l{E); dated' me- t4t:li "Sepremo-er; 1"999 a-i?Ii .
amended vide .~~~Cation No. S.D. 979 (E), dated the 27m August, 2003 (hereinafter referred to
as the said notification) which the Central Government P!~Pos~.!.to_rp.ak~_~~~~.~Ps~~l?:8.'?:~ill
clause (v) of sub-section (2) of section 3 of the Environment -(prot~ction)..Act,
.
1986 (29 of 1986).
.-., -.--
read with clanse (d) of ~Ilb-rule (3) of rule 5 of the Environment (protection) RUles, 1986, were
I • . • •
published in the Gazette of In~, Extraordinary, Part II,.Section 3, Sub-section (n)' dated the 6th
November,.200S Vide S.O. 2~23 (E), inviting objections and suggestions from all persons likdy to
be affected thereby b~fore. the expiry of sixty days from the .date on whicli 'copies of the Gazette
containing the said draft amendments were made available to the public ..
AND ~EREAS, copies of the said Gazette. were made available to the public' on .the
day of 6th November 200S;. .' .
• THE GAZElTE OF INDIA: EXTRAORDINARY IPA,RTII-SEC. $(ii)!
AND WHEREAS, the objections and suggestions received
-
from various persons or
._"
agencies likely to be affected thereby in respect of the said draft notification have been duly
considered by the Central Government in the Ministry of Environment and Forests;
Now; th~refore, in exercise of the powers conferrt:J by sub-section (1) and clause (~) of
sub- section (2) hf section 3 of the Environment '(protection) Act, 1986.(29 of 1986) read with
clause (d) of sub-rule (3) of rule 5 of the Environment (protection) Rules, 1986, the. Central
Government hereby makes the following amendments to the said notification, namely: -
AMENDMENTS
1, Throughout the said notification, save as otherwise expressly provided and unless the context
otherwise requires, for the word "ash" wherever it. occurs, the.;words '''fly ash" shall be -.
substituted.
"(IA) Every construction agency engaged J.n; the construction of buildings within a radius of
... hundJ:ed.kii.oinete.rsJrom..a"c.oal.Qt,ligni~<!tithe-tmal-peWefpktnl:-sbalttise·"()nlr-fly-ashbased
products for construction, such as: cement or concrete, fly ash bricks or blocb 'or tiles or clay fly
, ash' bricks, blocks or tiles or cement fly ash bricks or bricks, or blocks or similar products or a
_ -
..............- -'-"'- - -.. .. ' ~.-.----- -..-- ..--- -- .. - ..-~-..- ..' - ---.. - ,., ..
-.' ~:--
combinationor aggregate of them, in every construction project
(c) after sub-paragraph (1 B), the following sub-paragraph shan be inserted, namelyc-c-
[ \lIT( U-'t9US 3(ii}]
15
«(1<.:)Minimum fly ash content for building materials or products to qualify as "fly ash based
products" category shall be' as given in the Table I below:
Table I
; Minimum % of £y ~h by
Nilmber weight
(1) , (2) (3)
1. Fly ash bricks, blocks, tiles, etc. made with fly 50% of total input materials
ash, lime, gypsum, sand, stone dust etc, (without
clay). , , '
2, Paving blocks, paving tiles, checker tiles, mosaic
Usage of PPC (18-1489: Part-I)
tiles, roofing sheets. pre-cast elements, etc. or PSC (IS-455) or 15~/o of
wherein cement is used as binder. OPC (1S-269/8112/12269)
content.
3, -. Cement >
15%.of total raw materials
4: - ~_,.~
Ciay based building materials such 'as' bricks, 25% of total raw materials.
..". ~ ,
(d) in sub-paragraph (2), for the brackets and number "(1)". the brackets, number and letter,
"(1 C)" shall be substituted and the number of sub-paragraph (2) shall be substituted by 1(0);
(e) in paragraph (2A), the paragraph l(A) shall be substituted by l(A) and 1(B) and the
amended paragraph 2(A) is to be numbered as 1(E);
(f) .for sub-paragraphs (3) and (3A), the following sub-paragraphs shall respectively be
substituted, namelys--,
"''':''''_'''- _._--. "~- -_ - ~ - - •• - - ---..;. .. - .---- .---;' _- - '_._ '-"'-'_"_':" __ ••• o "! .. _
'. .....
.
certified by the said powerplants, within 100 km of the site, the stipulation under sub-paragraph
, ,
C1A)shall be suitably modified (waived'or relaxed) by the concerned State Government or Union
territory Govemment levelmonitoring·coriunittee mentionedelsewhere in this notification,
(3A) A decision on thespplicstiou for manufacture offly ash bricks, blocks and tiles and similar 0
other fly ash based products shall.be taken Within thirty days from the date of receipt of the
'", . .. . ... .. ' .' . '. -
application
'.
by the' concerned
. .
State'
. .
Pollution Co~trol Board or Pollution
..'
Control Cotnmitte~.""'.
.'::
•
16 THE GAlEr.'E OF INDIA.: E}l'TR-\ORDlNARY [PART II-SEC. ,ii) I
.-
~1)r;;; slll::~parag(arhs(4) and (5), the following sub-paragraphs shall be substituted, n;l~l~I}':-
"(4) Each coal or lignite based thermal power plant shall constitute a dispute settlement
committee which shall include the General,l'vlanager of the thermal power plant and a
, 4 ."
representative of t(:: relevant Construction and11y ash Brick Manufacturing Industry Association
or Body. as the case may be and such a Committee shall ensure unhindered loading and
transport of fly ash in an environmentally sound manner without any undue loss of time. Any
unresolved dispute shall be dealt with by the concerned State or Union territory Government
level monitoring committee mentioned elsewhere in this notification,
'.
(5) No agcnc~. person or.orga~ation shall, within a radius of hundred kilometers of a thermal
. , . ."
power plant .undertake constrtietion or aEprove design for construction of roads or flyover
embankments with top soil; ~~ guidelines or specifications issued by the Indian Road Congress
ORC) as contained in IRe specification No. SP; 58' of 2001 as amended from time to time,
regarding use of fly ash shail be followed and aay deviation from this direction .can only be
. .
agreed to on technical reasons if the same is approved by Chief Engineer (Design) or Engineer-
in-Chief of the concerned agency or organisation or on production of a certificate o{"fly ash not
..
" .
available" from the thermal power pIant(s) (TPPs) located within hundred kilometers of the site
of construction and this certificate shall be provided by the TPP within two working days from
the date _ot receipt of a request for fly ash; if fly ash is not available";
.
(i) in sub-paragraph (6), for the words "Voids created due to soil borrow; area shall be filled
, up with ash Wl'thpr6pef"coffipactloo" and '"covered- wit1i-t6psolrkepfs~parateIyas'-aoove and" thIs
" ,
would
.'
be done as'. an integral part' of embankment project .'within the time schedule of the
.e.~~_~:.~:~~
..~:~~or~.~_~~?!~~_.~~~~,~_.atso.!!.bQ_~q~.~~ shall he filled up with fly ash with p!Oper
,compaction and covered with topsoil kept __ as
s~p~ara:tely above and this would be done as an
integral part of embankment project" shall be substituted;
"(7) No agency, person or organisation shill within a radius of hundred kilometers of a coal or '
lignite. based thermal power plant undertake or approve or allow reclamation and; compaction of
low..lying areas with soil; only fly ash shall be used for-compaction and reclamation and they shall
'also ensure' that such reclamation and compactionis done in accordance with the specifications
,"
.l 'q]lT U-Wl'S 3(ii)J 17
Provided that such thermal powcr stations shall facilitate the availability of required
quality and quantity of fly ash 'as may be decided by the expert committee referred in sub-
paragraph (10) for this purpose.
(ii) No person or ag~ncy shall within fift), kilometers (by road) from coal or"lignite based thermal
power plants, undertake ot. ~pproye without uS!ngat least 25% of fly ash on volume to volume
basis of the total materialsused for external dump of overburden and same percentage in upper
benches of back filling of opencast mines and this shall be done- under the .guidance of the
Director General of Mines Safety (DGMS);
Provided that such thermal power stations. shall facilitate the availability of required
quality and quantity of' fly ash as may be decided by the expert committee referred in sub-
paragraph (10) for this purpose.
(9) The provisions contained in clauses' (1) and (ii) ~f sub-paragraph (8).shall be applicable to all
" '
. mine agencies under Government, public and' private sector and to, mines of all minerals or
metals or .items..andit~sha]lhethe- r5~ns:ibility-of'agen_cies'either~e"fmking'of··appi'oVllfgthe
external dump of overburden, backfilling o~ stowing of mine or all these activities, to ensure
, ' ,
..{.s~
compliance of.provisioas ..~ntained-in"'Glaus€S-{i}-aOO-{ll},~f-sub-pa£agr-aph ..aBd-t-o-suooiit: ...,'.."
annual returns to the concerned State Pollution Control Board or Pollution Control Committee
as applicable.'
(10) The Ministry of Coal for this purpose shall constitute an, expert committee comprising of
_-!'epresentatives from Fly Ash Unit, 'Department of Science and Technology, Ministry of Science
. . :. .
and Technology, Director General' of Mlnes Safety (DGMS), Central Mine Planning anC:f Design
In;titute Limited (CMPDIL)~ Ministry of Environment and Forests, MinisU; of PQw~r. Micistry
of Mines 'and the Central Insti~te of Mining a~d Fuel Research '(CIMFR), Dh~nbad; the
Committee shall,also 0111, idejind advise the back cn:_ " "
0- UllUlg"or stOW1!lgin accordance with the
,.'-•
, .
. ".-
(11) The concerned State Government or Union territory Gov r ernment shall be the enforcing
and monitoring authority for ensuring compliance ?f the provisions of sub-paragraphs (8) (i) and
(H) (ii) ".
(a) for sub-paragraphs (1), (2) and (3), the following sub-paragraphs shall be substituted,
1t~1111.Ch-:-
..(I) _\11 coal or lignite based thermal power stations would be free to -sell fly ash to the. user
.
.:igencics subject to the following conditions, namely:-
. ~ ..(1) the pond ash 'should be made available free ofany charge on "as is where is
basis" to manufacturers of bricks; blocks o.r tiles including clay fly ash product
manufacturing unites), farmers, the Central and the State road construction agencies,
Public Works Department, and to Ilg~a.~¢,
engag.~din backfilling or stowing of mines,
(ii) at least 20% of dry ESP If a~-"~~ 1hide available free of charge to units
manufacturing fly ash or clay-fIy'ash~; blOCks and tiles on a priority basis over other
users and if the demand from such a~Gi,es .fa.ils short of 20% of quantity, the. balance
quantity can be sold or disposed of by. dJ,e¥ow~rstation as may be possible;
r .
. ;"
100% fly ash generation
"
t,~ . -
issue of this notification.
Five years from the date of
mue of this notification.
.
'~ ~
....
:.
TIle unutilised fl~ash in relation to the target during a year, if any. shall be htilized within
next two years in addition to the targets stipulated for those years and the balance unutilized fly
ash accumulated during first five years (the difference between the generation and the utilization
target) shall be utilized progressively over next five years In addition to 100% utilization of
current generation of fly ash.
(3) New coal and, or lignite based thermal power stations and, _~rexpansion units commissioned
~. - after this notification to achieve the target of fly ash utilization as per Table IIi given below:
Table III
The untitilisedflyasn ill iilation to t:l'l.e-t'atgetduring a year, any, shall be utilized within
nexr two years-in addition to the tar~ets stipulated for these years and the balance unutilized fly
~~h";~~~~cl;t~d·:durirtg:-fust·-fo~- ~~ '-(th~-d1"ff~rence-'be"twe~n-the
'gene~ation, and utilization
targ'!t). shall be utilized progressivelyover next five years in addition to 100% utilization of
.. .
current generation of fly ash."; . .,
~b)
.
in sub-paragraph (4), for the words ','six months", the words "four
.
months" shall be
substituted;
"(6) The amount collected from sale o(.fly. ash and fly ash 'based' p~6ducts by coal a,nd/or .
ligf1..i te ,based thermal power statioris, or theiJ.::subsidiary or sis~e.r concern unit,' 'as applicable
,...
:
(DORTH), National Highways Authority of India (NHAD, Central Public \\lorks Department
(CPWD), StatePublic Works Dt~en~ and other State Government Agencies, shall w~hin a
period of four moaths from the ~blication of this notification:- '
.. \
(a) make provisions in their tender documents, schedules of approved materials and rates as
well as technical documents for implementation of this notification, including those
relating to soil borrow area or pit as per sub-paragraph (6) of paragraph 1; and,
(b) make necessuy specifications or guidelines for road or fly over embankments that are,
, ,
not covered by the specifications laid down by the.Indian Road Gongress (IRC).
(3} All local authorities .shall specify in their respective tender documents, building bye-laws and
regulations, the use of fly ash and fly ash-based products and construction techniques in building'
materials, roads embankments or for any usage with immediateeffect,
(4)The Central Electricity Authority and other approving agencies ,may permit the land area for
emergency ash pondor fly ash 'storage area up to 50 hectares for a 500 MW unit, based on 45%
ash content coal, or .in the same proportion for
. .
units in ..other capacities taking into account the
ash content in coal or lignite to be used.
(5.}A1l.F~WtitutIDas--and-~es-w-hiclr'funclconstruction-activities--sb:aU·include-a·clal.lse
in,their loart or grant document for compliance of the provisions, of this notification.
(6) A Monitoring coinmi~e~, shall be constituted by the CentraJ Government with Members
, '. .
from Ministry of Coal, MiOistey of Mines, Ministry of Power, Central Pollution Control Board,
Cen'tral Electricity Authority, Head Fly Ash Unit of Department of Science and Technology and
Building Material Technology Promotion Council to monitor the <implementation of the,
provisions of the notification and submit-its recommendations or observations at leas-t once in-
every six monthsto the Secretary, Ministry of Environment and Forests. Concerned Advisor or
Joint Secretary in, the' Ministry of Environment and Forests will be the convener of this '
committee.
. THE. GAZETTE OF INOH : EXTRAORDINARY iP,\ln ([-S~:e:..
(7) h)( the:. purpose of monitoring the implementation of the provisions of this nlJl:ificati~-n·,./.,'.:
:~tat'~C;on·rnments or Union territory Govermucnt shall consrirutc a t\Ionitori!lg Commirre,
within three months from the date of issue of this notification under the Chairmanship of
Secretary, Dcpartmec~ cf Env-irotl~eat with representatives from Dcpar1~cnl of Power:
Departrner; of I'IfinJlg. Road and -Building Construction Depart.ncnr an~·St;lit: Pullutioll
\
Control Board and this Committee would deal with al}Yunresolved issue by Dispute Scuiernent
.
Committee as prescribed in sub-paragraph (4) of paragraph 1, in ~ddition to monitoring and
facilitating implementation of this notification at the respec~ve Stare Government or Union
territory level and this Committee would also be empowered to suitably modify (waive or relax)
the stipularion· under sub-paragraph (1) in case of non-availability of fly ash in sufficient
quantities from thermal.power plant as certified by d1C said power plants and the Committee will
.meet at.least once in every quarter.
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