4. Environmental Legislationwatumull.edu/home/wp-content/uploads/2013/10/4-Environment-Legislation.pdf · & Forest, Govt. of India, can not be relaxed by any Authority including CPCB,

4. Environmental Legislation

Mr. S. P. Deshmukh, Watumull Institute

Things to be learned…

Overview of legislation

Ministry of Environment & Forest (MoEF),

Organizational structure of MoEF.

Functions & powers of Central Control Pollution Board.

Functions & powers of State Control Pollution Board.

Environmental Clearance, Consent & Authorization

Mechanism.

Environmental Protection Act.


Environment Laws and Protection Acts

Decisions taken at the United Nations Conference on the

Human Environment held in Stockholm in June, 1972, in

which India participated

Objectives-

Protection and improvement

Prevention of hazards

Maintenance of human-environment relationship

Penalties for violation of the Act


Ministry of Environment & Forest (MoEF)

Organizational structure of MoEF





Broad Objectives of Ministry

• Conservation and survey of flora, fauna, forests

and wildlife.

• Prevention and control of pollution

• Afforestation and regeneration of degraded areas

• Protection of the environment

• Ensuring the welfare of animals


Functions & powers of Central Pollution Control Board

To promote cleanliness of streams and wells in different

areas of the States through prevention, control and

abatement of water pollution;

To improve the quality of air and to prevent, control or

abate air pollution in the country;

Advise the Central Government on any matter concerning

prevention and control of water and air pollution and

improvement of the quality of air;

Plan and cause to be executed Nation-wide program for the

prevention, control or abatement of water and air pollution

Provide technical assistance and guidance to the State

Boards;


Continued…

Plan and organize training of persons engaged in programs

for prevention, control or abatement of water and air

pollution;

Organize through mass media, a comprehensive mass

awareness program on prevention, control or abatement of

water and air pollution;

Collect, compile and publish technical and statistical

data relating to water and air pollution and the measures

devised for their effective prevention, control and abatement;

Prepare manuals, codes and guidelines relating to

treatment and disposal of sewage and trade effluents as

well as for stack gas cleaning devises, stacks and ducts;


Continued…

Lay down and modify in consultation with the State

Government concerned, the standards for stream or well, and

lay down standards for quality of air;

Establish or recognize laboratories to enable the Board to

perform such other functions as and when prescribed by the

Government of India.

To issue directions to any industry, local bodies, or other

authority for violation of the notified general emission and

effluent standards, and rules relating to hazardous waste,

bio-medical waste, hazardous chemicals, industrial solid

waste, municipal solid waste including plastic waste under

the Environment (Protection) Rules, 1986.


Functions & powers of State Pollution Control Board

Advise the State Government on any matter concerning

prevention and control of water and air pollution and

improvement of the quality of air;

To conduct and encourage the research and investigation

programmes related to various aspects of water and air

pollution

To inspect, the trade and waste water treatment plants

To prescribe the effluent standards for to sewage and trade

effluents.


Continued…

Plan and organize training of persons engaged in

programs for prevention, control or abatement of water

and air pollution;

Organize through mass media, a comprehensive mass

awareness program on prevention, control or abatement

of water and air pollution;

To perform any function entrusted by Central board or

by State government.


Environmental Clearance,

Consent & Authorization Mechanism

• Normally the MPCB's No Objection Certificate in the form of

combined Consent to establishment under Water Act, Air Act &

Hazardous wastes Rules would be required for setting up of an

industrial unit.

• In regard to 39 specified industrial and infrastructure projects,

environmental clearance from the MoEF, Govt. of India and

State Environment Department are also required as per

Environmental Impact Assessment Notification dtd.14/09/2006

• For the industrial units, MSW sites and other developmental

activities located on the coastal stretches of bays, estuaries, creeks,

rivers and back waters, CRZ clearance also is required

• Role of EIA


Steps involved…

Projects for environmental clearance-

1. Application for prior environmental clearance

2. Categorization of projects (A-Central Level, B-State Level)

3. Form 1 and Form 1 A

4. Pre Feasibility study

5. Screening, Scoping, Public consultation, Appraisal

6. Validity

7. Transferability of environmental clearance

8. Consent to Establish, Consent to operate

9. Other clearances (Forest, CDM approval etc)


Consent & Authorization Mechanism

Consent:-

1. Consent to establish

2. Consent to Operate

3. Consent to Operate/ Renewal

4. Consent to Fee and Term


Authorization

The standards are prescribed by the Ministry of Environment

& Forest, Govt. of India, can not be relaxed by any Authority

including CPCB, SPCB and Maharashtra Pollution Control

Board, which can prescribe more stringent standards than

whatever laid down by the MoEF, GoI, taking into

consideration the local conditions.

Monitoring of the industrial unit means sending out the

monitoring teams comprised of skilled technical & scientific

officers to verify the compliance of conditions imposed in NOC,

Consent, Authorization etc.


Continued…

Monitoring includes performance evaluation of Environment

Management System (EMS) in respect of Board's

notices/directives and checking the compliance of

Environmental Clearance conditions and that no violation of

law takes place.

MPCB has set up mechanisms to analyze the reports received

from the monitoring teams and the laboratory verifies the

samples.

Based upon the findings so arrived at enforcement measures

are taken. In certain cases surprise checking through Vigilance

Squad is also carried out.


Various Acts In India

• The Environment (Protection) Act 1986

• The Air (prevention and control of pollution) Act

• The Water (prevention and control of pollution) Act

• The Wildlife protection Act

• Forest conservation Act


The Environment (Protection) Act 1986

Came into force on Nov. 19, 1986

Aimed to protect and improve the quality of environment by

Central government with coordination of state government

Powers and Functions Of Central government

Powers and Functions Of State government


Some IMP terms and Definitions

Environment “includes water, air and land and the inter-

relationship which exists among and between water, air and land,

and human beings, other living creatures, plants, micro-organism

and property”

Environmental pollutant “means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be,

injurious to environment”

Environmental pollution “means the presence in the environment of

any environmental pollutant”

Prescribed “means prescribed by rules made under this Act”


Hazardous substance “means any substance or preparation which, by

reason of its chemical or physico-chemical properties or handling, is

liable to cause harm to human beings, other living creatures, plant,

micro-organism, property or the environment”

Occupier, “in relation to any factory or premises, means a person who

has, control over the affairs of the factory or the premises and includes in

relation to any substance, the person in possession of the substance”

“Handling", in relation to any substance, means the manufacture,

processing, treatment, package, storage, transportation, use, collection,

destruction, conversion, offering for sale, transfer or the like of such

substance;


The Water (Prevention and Control) Act

The formulation in 1974, Amended in 1988

Central Board and the State Boards for the prevention and

control of water pollution constituted under the Water

(Prevention and Control of Pollution) Act, 1974

Objectives-

Prevention and control of water pollution

Restore wholesomeness of water

Functions Of Central government

Functions Of State government


The Air (Prevention and Control) Act

Government Passed this act in 1981, Amended in 1987

Considered necessary to implement the decisions for

preservation of the quality of air and control of air pollution.

Objectives-

Prevention and control of air pollution

Restore wholesomeness of air

Functions Of Central government

Functions Of State government


The Wildlife protection Act

Passed in 1972, Amended in 1991

Deals with declaration of National parks, wildlife sanctuaries

and their notification

Restriction and prohibition on hunting and trapping of wildlife

Protection of rare and specified plant species

Control of trade and commerce in some wildlife species,

wildlife products


Issues involved in enforcement of legislation

• Effective agency to collect relevant data

• Law enforcement agency

• Environment Impact Assessment (EIA)

• Citizens actions and action groups (Watchdogs)



Thank You…


Documents

4. Environmental Legislationwatumull.edu/home/wp-content/uploads/2013/10/4-Environment-Legislation.pdf · & Forest, Govt. of India, can not be relaxed by any Authority including CPCB,