RTI for APCB – Factory Pollution, Oil Industry Waste & Environmental Complaints in Assam

The Assam Pollution Control Board (APCB) is the statutory authority established under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, with powers reinforced by the Environment (Protection) Act, 1986. It is the primary regulatory body for environmental enforcement across Assam, responsible for granting and monitoring industrial consent orders, conducting factory inspections, responding to public pollution complaints, and monitoring the quality of Assam's rivers and ambient air. APCB is headquartered at Bamunimaidam, Guwahati, and operates regional offices across Assam's districts to administer the environmental compliance regime in one of India's most ecologically sensitive and industrially active states.

As a state public authority under Section 2(h) of the Right to Information Act, 2005, APCB is legally obligated to respond to RTI applications within 30 days of receipt. Citizens, environmental activists, journalists, affected communities, and researchers can use RTI to bring into the public domain factory consent records, water quality monitoring data, pollution complaint outcomes, and the environmental track record of specific industries — including the oil and gas sector that has shaped Assam's economic and ecological landscape for well over a century.

Assam's Industrial Landscape and Environmental Challenges

Assam is home to a distinctive and diverse industrial ecosystem that places particularly significant demands on APCB's regulatory capacity.

Oil and Gas Industry: Assam is the birthplace of the petroleum industry in Asia — oil was first commercially produced at Digboi in 1889. Today, the Assam Arakan Basin hosts operations by Oil India Limited (OIL), ONGC, Numaligarh Refinery Limited (NRL), and Indian Oil Corporation's Bongaigaon Refinery. Oil spills, pipeline leaks, produced water discharge, gas flaring, and the long-term contamination of land and water bodies associated with over a century of hydrocarbon extraction are recurring environmental concerns in Tinsukia, Dibrugarh, Sibsagar, Golaghat, and Jorhat districts. RTI can expose APCB's inspection records, consent compliance for these facilities, and any regulatory action taken or pending.

Tea Industry: Assam produces approximately 50–55% of India's total tea output. Around 800 large tea estates and thousands of small growers operate across the Brahmaputra Valley and the Barak Valley. Tea processing factories — involving withering, rolling, fermentation, and drying — generate effluents and solid waste. APCB issues Consent to Operate (CTO) orders to tea processing factories and is responsible for monitoring compliance. RTI can reveal the consent compliance status of specific tea estates and whether environmental conditions attached to CTOs are being met.

Plywood and Timber Processing: Assam's timber and plywood industry, centred primarily in Dibrugarh, Tinsukia, and Nagaon districts, generates sawdust, chemical effluents from bonding agents, and particulate emissions. These units require APCB consent under both the Water Act and the Air Act.

Fertiliser and Chemical Plants: Brahmaputra Valley Fertiliser Corporation (BVFCL) at Namrup, Assam Petro-chemicals Limited, and associated downstream chemical units are significant pollution sources. RTI on their self-monitoring reports, consent compliance history, and APCB inspection records can illuminate how these older industrial units — many operating for decades — are managing their environmental obligations.

Stone Quarries and Mining: Assam has significant stone quarrying activity, particularly in Kamrup, Karbi Anglong, Dima Hasao, and Cachar districts. Quarrying operations generate dust, wastewater, and river siltation. APCB issues consents and monitors compliance for quarrying and stone-crushing units.

Small and Medium Enterprises: Across Assam's commercial centres — Guwahati, Dibrugarh, Silchar, Jorhat, Tezpur — there are hundreds of small and medium enterprises in textile processing, dyeing, battery manufacturing, electroplating, and food processing. These units are regulated by APCB's district-level offices.

The Brahmaputra and Barak — India's Most Significant River Systems in Assam

The Brahmaputra is one of the world's largest rivers by discharge volume and Assam's defining ecological feature. The Barak River system in southern Assam and the Kopili, Dhansiri, Jia Bharali, and Subansiri rivers are all part of Assam's major river network. Industrial effluent discharge, oil spills from pipeline leaks, agricultural runoff, and municipal sewage threaten water quality at multiple points.

APCB maintains ambient water quality monitoring stations on the Brahmaputra at Guwahati, Dibrugarh, and several other locations, and monitors the Barak system in Cachar district. These water quality monitoring reports — covering parameters like Biochemical Oxygen Demand (BOD), dissolved oxygen (DO), total dissolved solids (TDS), heavy metals, oil and grease content, and coliform bacteria — are official government records that citizens can obtain through RTI.

The importance of this data extends beyond environmental compliance: Brahmaputra water quality affects drinking water for millions of people in Assam, the livelihoods of riverine fishing communities (particularly Mishing, Koch Rajbongshi, and other communities with traditional dependence on the river), wetlands such as the Deepor Beel (a Ramsar site near Guwahati), and downstream communities in Bangladesh.

The ONGC/OIL India vs APCB Jurisdiction Distinction

This is the most important jurisdictional nuance for RTI applicants concerned about oil industry pollution in Assam.

ONGC and OIL India are Central Government Public Sector Undertakings. Their RTI applications must be filed with their respective CPIOs — not with APCB. ONGC's CPIO is at ONGC Bhavan, Vadodara (or the relevant field office CPIO), and OIL India's CPIO is at their registered office in Duliajan, Assam. If you want to know about ONGC's own environmental management reports, internal oil spill records, or the terms of their production contracts, that RTI goes to ONGC or OIL India directly.

APCB, as the state pollution regulator, holds different but equally important records. APCB issues (or withholds) Consent to Establish and Consent to Operate orders for oil production facilities, refineries, and pipelines located in Assam. APCB conducts inspections of these facilities and issues show-cause notices or closure directions when violations are found. APCB monitors ambient water and air quality around oil fields and refinery complexes. These state-level regulatory records — the consent orders, the inspection reports, the monitoring data, the enforcement actions — are held by APCB and are fully accessible via RTI addressed to APCB's CPIO.

In practice, a complete picture of oil industry pollution in Assam requires RTI applications to both ONGC/OIL (for internal company records) and APCB (for state regulatory oversight records). This guide addresses the APCB component.

What RTI Can Obtain from APCB

Consent Orders (CTE/CTO)

The most foundational category of environmental compliance records held by APCB is the consent order system. Every polluting industry in Assam is required to obtain:

• Consent to Establish (CTE): Before constructing or establishing a new factory or industrial facility
• Consent to Operate (CTO): Before commencing operations, renewed periodically

These consent orders contain the specific conditions under which an industry is permitted to operate — effluent discharge limits, emission standards, waste management obligations, and monitoring requirements. Through RTI, any citizen can obtain copies of the CTE and CTO issued to any specific factory or industry in Assam. The consent order will reveal whether the industry is operating with current valid consent, what environmental standards it is required to meet, and whether any conditions have been modified or strengthened over time.

Industries operating without valid consent, or with consents that have lapsed and not been renewed, are operating illegally. RTI can document this status.

Inspection Reports and Action-Taken Reports

APCB's field officers conduct periodic inspections of industrial facilities and visit sites following pollution complaints. The inspection reports document:

• Observable conditions at the facility (effluent treatment plant status, emission control equipment, waste storage)
• Measurements taken on-site or samples collected for laboratory analysis
• Violations noted and the officer's observations
• Recommendations for show-cause notices, directions, or closure

Following a public pollution complaint, APCB is expected to inspect the facility and issue an Action-Taken Report (ATR) detailing what was found and what action was taken. These ATRs are the most directly useful documents for communities affected by industrial pollution — they tell you whether the regulatory authority investigated your complaint and what it found. RTI can compel disclosure of inspection reports and ATRs for any specific facility or time period.

Show-Cause Notices, Directions, and Closure Orders

When APCB finds a violation, it may issue:

• Show-cause notice: Asking the industry to explain why action should not be taken under the Water Act, 1974 or Air Act, 1981
• Direction under Section 33A of the Water Act or Section 31A of the Air Act: Requiring specific corrective actions
• Closure direction: Requiring the industry to stop operations pending compliance

These enforcement documents are held by APCB and are accessible via RTI. For communities living near a polluting factory, knowledge of whether APCB has previously issued closure orders or directions — and whether the factory complied — is essential information for any advocacy or legal challenge.

Penalty Records and Prosecution Files

APCB can recommend prosecution under the Water Act or Air Act for persistent violations. RTI can reveal whether prosecution complaints were filed, in which court, and what the outcome was. Penalty amounts collected from polluting industries and prosecution rates are also obtainable aggregate data.

Ambient Air Quality and River Water Quality Monitoring Data

APCB operates its own ambient monitoring network. RTI can provide:

• Station-wise ambient air quality data (SO₂, NOₓ, PM₁₀, PM₂.₅) for monitoring locations around industrial areas
• River water quality monitoring data from APCB's monitoring stations on the Brahmaputra at Guwahati, Dibrugarh, and other points; on the Barak; and on tributaries such as the Kopili, Dhansiri, and Jia Bharali
• Trends over multiple years — documenting whether water quality is improving or deteriorating in response to industrial activity

Environmental Clearance Compliance Records

For major projects (oil refineries, large tea factories, mining projects) that also required Environmental Clearance (EC) from MoEF&CC or Assam's SEIAA, APCB holds state-level monitoring records regarding compliance with EC conditions. These include industry-submitted self-monitoring reports, APCB's verification of those reports, and any non-compliance findings.

Step-by-Step Guide to Filing RTI with APCB

Step 1: Identify the Relevant Factory, Period, and Records

Before drafting your application, be specific:

• Name and address of the factory or facility: APCB searches its records by facility name and location. A vague reference to "the factory near the river" will produce an incomplete or deflecting response.
• Type of records: Are you seeking consent orders, inspection reports, ATRs on complaints, water quality data, or enforcement orders? Each is a separate category of records.
• Time period: Specify the financial year(s) or date range for which you want data or records.

Step 2: Draft Your Application

Use the sample RTI application above as a template. Number each piece of information separately. APCB holds records for hundreds of industries across Assam's districts — the more specific your request, the more useful the response.

When requesting water quality or air quality monitoring data, specify:

• The river name or monitoring station location
• The specific parameters you want (BOD, DO, oil and grease, heavy metals, or all parameters if unclear)
• The financial year or calendar period

Step 3: File Online or by Post

APCB is a state body of the Government of Assam. Its RTI applications can be filed via the Assam government's online RTI portal or via the national portal at rtionline.gov.in (which routes to the relevant state authority). Online filing is recommended — it creates an immediate acknowledgement with a registration number and a documented trail for appeal purposes.

To file by post, send your written application with a ₹10 Indian Postal Order (or demand draft drawn in favour of APCB) to:

The CPIOAssam Pollution Control BoardBamunimaidam, Guwahati – 781021, Assam

BPL cardholders are exempt from the ₹10 fee — attach an attested copy of your BPL ration card.

For complaints relating to a specific district, APCB's regional offices may hold relevant inspection records. However, the head office CPIO at Guwahati is the primary address for RTI applications and can redirect to the relevant regional record-keeper under Section 6(3) of the RTI Act if needed.

Step 4: Track Your Application

Under Section 7(1) of the RTI Act, APCB must respond within 30 days of receipt. If you used the online portal, you can track the status using your registration number. Retain all acknowledgements.

Key RTI Act Provisions for APCB Applications

• Section 2(h): APCB is a public authority — a statutory body constituted under the Water Act, 1974, and funded in part from the Consolidated Fund of Assam.
• Section 2(f): Consent orders, inspection reports, monitoring data, enforcement orders, and ATRs are all "information" as defined — material held by or under the control of APCB.
• Section 6: The procedure for filing your RTI application with the prescribed fee of ₹10.
• Section 7(1): APCB must respond within 30 days; within 48 hours where the information relates to the life or liberty of a person (a provision relevant in acute industrial accident scenarios).
• Section 19(1): First Appeal to the First Appellate Authority within 30 days.
• Section 19(3): Second Appeal to the Assam Information Commission (AIC) within 90 days.
• Section 20: Penalty on the PIO personally — ₹250 per day (up to ₹25,000 maximum) — for unjustified refusal, delay, or furnishing of false or incomplete information.

First Appeal — Section 19(1)

If APCB does not respond within 30 days, or the response is incomplete or unsatisfactory, file a First Appeal under Section 19(1) within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. Address it to the First Appellate Authority at APCB — typically the Member Secretary or the Chairman. No fee is required for the First Appeal.

In your First Appeal, specify:

• Your original RTI application registration number and date of filing
• The information that was not provided or was provided in an incomplete or incorrect form
• Why the refusal or omission is not justified under the RTI Act's exemptions

The FAA must decide within 30 days, extendable to 45 days with recorded reasons.

Second Appeal — Section 19(3) — Assam Information Commission (AIC)

If the First Appeal is unsatisfactory or unanswered, the Second Appeal under Section 19(3) lies with the Assam Information Commission (AIC) — not the Central Information Commission (CIC). This is a critical distinction: APCB is a state authority of the Government of Assam, and the AIC is the competent second-appeal authority for all Assam state public authorities.

File the Second Appeal with the AIC within 90 days of the FAA's order or the expiry of the FAA's response deadline. The AIC may:

• Direct APCB to provide the information
• Impose a penalty under Section 20 on the CPIO personally
• Award compensation to the applicant for loss suffered due to wrongful non-disclosure
• Recommend disciplinary action in cases of persistent or malafide non-compliance

Do not file at the CIC portal (rtionline.gov.in) with CIC as the second-appeal body. CIC jurisdiction is limited to Central Government public authorities. APCB is a state body and the AIC is the correct authority.

Section 20 Penalty — Holding the PIO Accountable

If APCB's CPIO unjustifiably refuses information, provides misleading information, or does not respond within 30 days without reasonable cause, the AIC can impose a penalty of ₹250 per day (up to ₹25,000 maximum) on the CPIO personally. In your Second Appeal, explicitly ask the AIC to consider imposing a penalty under Section 20(1) if the delay or refusal was unjustified — this request ensures the AIC considers the penalty question even if it is not raised by default.

Practical Tips for APCB RTI Applications

1. Name the factory precisely. APCB's record-keeping is organised by facility. If you write "the cement factory near Guwahati" rather than "M/s ABC Cement Ltd., Plot No. X, Industrial Area, Kamrup," you will receive a vague or incomplete response.
2. Separate your requests by category. Consent orders, inspection reports, water quality data, and enforcement orders are different categories stored differently. Asking for all of them in one sentence creates ambiguity. Number each item separately.
3. Specify time periods. APCB maintains records going back several years, but older records may require more processing time. Specifying the financial year or date range helps the PIO identify exactly which records you need.
4. Remember the ONGC/OIL India distinction. If your concern is oil industry pollution, you may need to file separate RTI applications with both APCB (for state regulatory records) and with ONGC's or OIL India's respective CPIOs (for internal company records). The RTI application to APCB covers APCB's own inspection and monitoring records — it does not compel ONGC or OIL India to disclose their own internal files.
5. River water quality data is particularly useful. Brahmaputra and Barak water quality monitoring reports are objective scientific records that are very difficult for APCB to refuse under any RTI exemption. If you are documenting pollution in a river, start with these monitoring records as a foundation.
6. The Second Appeal goes to AIC, not CIC. A common error by applicants familiar with Central Government RTI (EPFO, railways, income tax) is to escalate to the CIC. For APCB, the second-appeal authority is the Assam Information Commission (AIC) in Guwahati.
7. Consent lapse is a common violation. Many industrial units in Assam operate with lapsed CTO orders — the consent expired and was not renewed. RTI confirming this status is the starting point for a complaint to APCB or for a legal challenge in the Gauhati High Court's Green Bench.
8. Guwahati's rapid urbanisation and Deepor Beel. Deepor Beel, a Ramsar-listed wetland near Guwahati, is under significant pressure from encroachment, solid waste dumping, and industrial runoff. RTI to APCB can reveal what environmental monitoring and enforcement has been done in the catchment area draining into the Beel, and whether industrial units near it are in compliance.

RTI is among the most effective tools available to communities, journalists, and environmental groups who wish to hold APCB accountable for its regulatory function. Assam's extraordinary ecological heritage — the Brahmaputra floodplain, Kaziranga National Park, Manas National Park, Deepor Beel, and the rich river fishery that sustains millions — depends on effective environmental regulation. Where that regulation falls short, RTI provides the documented evidence that drives accountability.