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Consultancy Services for analysis of the legal bases & rules and regulation at National & State, Output – 1

September 25, 2019

1 Introduction to Sustainable & Environment-friendly Industrial Production-II

▪ To strengthen the strategic and operational governance structures of the Indian Government to effectively combat water pollution from industrial wastewater

▪ Standards (e.g. laws, directives or technical regulations) to combat industrial water pollution to be updated

▪ Public agencies of the Indian government at national level (viz., MoEFCC, CPCB) to design their governance structure for effectively controlling industrial water pollution

▪ Additional incentive mechanisms to promote key elements of sustainable industrial production in particular wastewater

• Output 1: Strengthening of Legal Framework • Output 2: Strengthening of Organisational Procedures and Processes • Output 3: Strengthening of Incentive Mechanisms • Output 4: Strengthening of Knowledge Products

PURPOSE

ATTRIBUTES

THRUST AREAS

Users/Implementors of the OutputA B

Key Outcomes C

• Laws

• Rules

• Directives

• Procedures

• Processes

• Implementation

mechanisms

Tech

nic

al W

ork

ing

Gro

up

NATIONAL LEVEL: MoEFCC, CPCB

STATE LEVEL: SIDC, SIDCUL, BIADA

▪ Raw Water Supply Input to Industry

▪ Utilisation of Water by Industry

▪ Generation of Wastewater postindustrial process

▪ Effluent Treatment (CETP/ETP)

▪ Discharge of Wastewater/Reuse ofWastewater

GIZ has appointed EY to undertake Output 1:Strengthening of Legal framework at national and

state level for abatement of industrial wastewater pollution

2 Mapping of Stakeholders

Waste water

treatment

Raw Water /

Input supply

Generation

of Waste

water

Reuse of

Treated

waste

water

Utilization

of water by

industries

Discharge of

treated waste

water

Industrial Waste water management

CPCB, SPCBs, MoEFCC; Central Groundwater Authority;State Industrial Development Corporations (SIDC);Ministry of Jal Shakti; Local Self Government, Agriculture Department, Community

SPCB; SIDC; Industrial Commissionerate; Industrial Workers / personnel; Labour Department, Irrigation Department, Public Health Department

SPCB;Local community;Department of Forest/Environment; Industrial Commissionerate, industry

SPCB;SIDC;Industrial Commissionerate; Industrial Workers / personnel; Safety Issues; research institutes

CPCB, SPCBs, MoEFCC; Central Groundwater Authority;State Industrial Development Corporations (SIDC);Ministry of Jal Shakti; Agriculture Department

3 Legal framework pertaining to various steps in Industrial Process Flow

• Withdrawal from different sources• Water consumption per unit for various

industrial sectors• Pre-treatment • Quality of water• Treatment, supply and distribution system

– Infrastructure provisioning and management by IDC/individual industries

• Manpower/skills required for managing the infrastructure

• Specific technologies prescribed for treatment of wastewater

• water, backwash water, domestic use, cooling towers, etc.

• Quality and Quantity of wastewater generated

• Pre-treatment of wastewater before discharge into CETP/ETP• Common inlet standards for CETP• Technology to be adopted by the CETP/ETP • Quality standards and discharge norm• Provisioning of infrastructure for treatment and transport of

wastewater• Ownership and management • Manpower/skills

• Mandates on re-use of treatedwater

• Quality and quantity of treatedwater

• Types of reuse and treatmenttechnologies

• Infrastructure provisioning andmanagement

• Water consumption• Quality of water• Specific technologies (BAT, BCT, BPT)

prescribed to combat pollution of water for each industrial sectors

• Monitoring • Safety norms and process controls

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4 Methodology Used for Assessment of Legal & Regulatory Framework

Identification of the IndustrialProcess Flow i.e. the stages ofuse of water from raw waterinput till the final dischargepost treatment (refer to figurebelow)

Within each step of theindustrial process flow,identification ofdimensions/topics to bestudied and investigated(refer to next slide)

Define the components/heads under whichthe legal & regulatory framework forindustrial waste water shall be analysed (referto figure below).

Analyse as to whether at each step of the industrialprocess flow, the four components comprising of thelegal & regulatory framework are adequatelycovered in India.

Identify and pin point the stage of theindustrial process flow where legal andregulatory intervention is necessary.

1 2 3

4

5

INDUSTRIAL

PROCESS FLOW

• Raw Water Supply to Industry• Utilization of water by Industry• Generation of waste water after

industrial processes• Effluent Treatment• Discharge from CETP/ETP and re-use

of water

LEGAL &

REGULARTORY

FRAMEWORK

• Legal Standards• Approval Process• Operation Methodology• Monitoring Methodology

5 List of Laws reviewed

National

➢ Environment Protection Act, 1986

➢ Environment Protection Rules (including Schedules I, II and VI)

➢ Water (Prevention and Control of Pollution) Act, 1974

➢ Water (Prevention and Control of Pollution) Rules, 1975

➢ Water Cess Act, 1977

➢ Water Cess Rules, 1978

➢ National Green Tribunal Act, 2010

➢ Judgments and orders of NGT

➢ Public Liability Insurance Act, 1991 and notifications thereunder

➢ BIADA Act, 1974

➢ BIADA Rules, 1975

➢ Environmental Impact Assessment Notification, 2006 (as amended fromtime to time)

➢ Notifications issued by the Bihar State Pollution Control Board

➢ Notifications issued by the Central Groundwater Authority

➢ Bihar Industrial Investment Promotion Act, 2016

➢ Bihar Industrial Investment Promotion Rules, 2016

International

➢ Clean Water Act of USA

➢ Notifications and standards issued by the Environment Protection Agency of USA

➢ EU Directives on discharge of water

➢ Water Sustainability Act, 2014 of Canada (specifically the province of BritishColumbia)

➢ Royal Decree 1620/2007- law on reuse of waste water in Spain

➢ Federal Ministry for the Environment, Nature Conservation and Nuclear Safety,Germany

➢ Effluent Guidelines by the Environment Protection Agency of USA

6 Detailed Assessment of As-is Regulatory Framework

Industrial Process

Flow

Dimensions Standards Approval/Procedure Self Reporting Structure Monitoring

Raw Water Supply Input to Industry in India

Quality There are no standards forquality of raw water to beused by the industrial unit

No specific approval processvis-à-vis quality of raw water

Since there are nostandards, there is noreporting mechanism.

Since there are nostandards, there is nomonitoring of quality.

Quantity Quantity of raw water isregulated by the CentralGroundwater Authority forgroundwater. State wiseregulation for surface waterusage.

Approval/NOC has to be takenin certain causes from CGWAand the relevant stateindustrial authority beforeusing groundwater. Statedepartment approval forsurface water. EIA processand CTE/CTO also mandatesrevealing qty of water to beused.

No self reportingstructure.

Monitoring of quantityof water being used isdone by the SPCBs andby way of installation ofmeters by CGWA.

Source CGWA is the nodal authoritywhich notifies sensitive areasfrom where groundwaterextraction is restricted.

Source of water has to berevealed in the EIA checklistand in the CTE/CTO process ofSPCB

Source of water has to berevealed in the EIAchecklist and in theCTE/CTO process of SPCB.However, no self reportingthereafter

SPCB and MoEF monitorswhether the sourcementioned in the EIAand CTE/CTO is beingadhered to.

CASE STUDY - Canada (Province of British Columbia)

Raw Water Supply Input to Industry

Water Sustainability Act, 2014

Yes, standards are laid downregarding the quantity ofwater which may be used bythe industrial unit

Yes, there is a stringentapproval process in place, inthe statute, including takingup an user license for a periodof 24 months

No self reportingmechanism.

There is a monitoringmechanism whereby theController, under theAct, does check onutilisation of raw water.


Industrial Process

Flow

Dimensions Standards Approval/Procedure Self Reporting Structure Monitoring

Utilisation of Water byvarious types ofindustries in India

Technology There is no fixation of technologywhich an industrial unit has to use.

No specific approval processfor using a type f technologyin the industrial process.

Since there are nostandards, there is no selfreporting mechanism forthe technology used.

No monitoring of thetechnology being used

Safety Certain safety standards for operationof a industry laid down in labour lawsat both central and state level

Approval and NOC from theappropriate labour authoritiesand industrial department isrequired to be taken

NA There are regular checksby the relevant state,municipal and labourauthorities to checkcompliance with safetystandards.

Process No specific standards as to whatindustrial process ought to be used

There is no requirement ofprior approval required fordeciding upon any industrialprocess.

No self reporting structurewith respect to theindustrial process that isbeing used

There is no monitoringmechanism for theprocess to be followedby industrial unit.

Water Consumption

CGWA does limit the amount ofgroundwater consumption byindustries in water sensitive areas.State departments limit the amountof surface water usage. Also, WaterRules prescribe the amount of waterto be used for unit of production forcertain industries.

For the purpose of waterconsumption by any industry,the state industrialdepartment or public worksdepartment providesapproval.

No self reporting of thewater consumption

SPCB monitors theamount of waterconsumed along withthe CGWA forgroundwater.

8 Detailed Assessment of As-is Regulatory FrameworkIndustrial

Process Flow

Dimensions Standards Approval/Procedure Self Reporting Mechanism

Monitoring

Generation of Wastewater post

industrial process in India

Quality There are discharge standards as perthe EP Rules which have to beadhered to in respect of quality ofwater. In case the water has to besent to CETP, then inlet standardshave to be adhered to. However, nospecific standards for quality ofwastewater immediately postindustrial process.

Prior to operation of industry,the EIA process and theCTE/CTO process ensures thatan approval has to be takenfrom MoEF and SPCBrespectively in which thequality of wastewater to begenerated is to be disclosed.


There is a monitoringmechanism to check thefinal discharge standardsbut no separatemonitoring of thegenerated wastewaterquality immediatelyafter completion ofindustrial process.

Quantity There are discharge standards as perthe EP Rules which have to beadhered to in respect of quantity ofwater discharged However, nospecific standards for quantity ofwastewater immediately postindustrial process.

Prior to operation of industry,the EIA process and theCTE/CTO process ensures thatan approval has to be takenfrom MoEF and SPCBrespectively in which thequality of wastewater to begenerated is to be disclosed.


There is a monitoringmechanism to check thefinal discharge standardsbut no separatemonitoring of thegenerated wastewaterquality immediatelyafter completion ofindustrial process

Technology No specific technological standards. No specific approval processfor the technology to beused.


In respect of monitoringof technology beingused, no such process.


Industrial Process

Flow

Dimensions Standards Approval/Procedure Operation Monitoring

Effluent Treatment(CETP/ETP) in India

Quality Inlet standards for CETPmentioned under EP Rules.No specific inlet standards forindividual ETPs. Outletstandards of both CETP andETP as per dischargestandards under EP Rules.

CETP treated as any otherindustrial unit and CTE/CTOhas to be taken from SPCBbefore CETP operation. Aspart of CTE/CTO process ofSPCB, an industrial unit has tohave an ETP.

No operational norms forthe CETPs and for theETPs.

CETPs are monitored bythe SPCB to checkwhether the inlet anddischarge standards arebeing adhered to.

Technology No technology standards areprescribed for CETP or ETP.

NA No operational norms forthe CETPs and for theETPs.

Since there are nostandards, there is nomonitoring of thetechnology being usedby CETP/ETP.

Personnel/Skills There are no baselinestandards under law forpersonnel to be deployed forCETP/ETP.

No specific approval to betaken prior to deployingpersonnel at CETP/ETP.

NA Since there are nobaseline standards,there is no monitoringof personnel being usedat CETP/ETP.

CASE STUDY- United States of America

Effluent Treatment (CETP/ETP)

(Environment ProtectionAgency Standards andClean Water Act)

EPA and the various stateagencies of USA specify thestandards to be followed byeffluent treatment plants

Yes, approval has to be takenfrom EPA prior to operationof an effluent treatmentplant.

The operation of theeffluent treatment plantsis regulated and dischargestandards are fixed onbasis of availabletechnology.

EPA and the stateagencies monitorperiodically to ensurecompliance withstandards.


Industrial Process

Flow

Dimensions Standards Approval/Procedure SReporting Structure Monitoring

Discharge of Wastewater/Reuse of Wastewater in India

Quantity Quantity of discharge ofwastewater is as per thestandards laid down underthe EP Rules.No standards for quantity ofwastewater for re-use.

Prior to discharge, thequantity of water to bedischarged has to beintimated to SPCB as perCTE/CTO and also to MoEF asper EIA. No approval processspecified for re-use ofwastewater.

There is no self-reportingby the industry fordischarge of quantity ofwastewater.

SPCB monitors theamount of wastewaterbeing discharged by wayof periodic monitoringand sampling.

Quality Quality of discharge ofwastewater is as per thestandards laid down underthe EP Rules.

No standards for quality ofwastewater for re-use.

Prior to discharge, thequantity of water to bedischarged has to beintimated to SPCB as perCTE/CTO and also to MoEF asper EIA. No approval processspecified for re-use ofwastewater

There is no self-reportingby the industry fordischarge of quality ofwastewater.

SPCB monitors thequality of of wastewaterand compliance ofdischarge standards byway of periodicmonitoring andsampling.

Type of re-use No specific standards withrespect to types of re-use orre-use of waste water.

No specific approval processfor re-use of waste water.

Since there are nobaseline standards, thereis no reportingmechanism,

Since there are nostandards, there is nomonitoring of re-use.

CASE STUDY- Spain

Discharge of Wastewater/Reuse of

Wastewater

(Royal Decree 1620/2007)

Yes, there are standardsprescribed in the statute foreach type of re-use.

Yes, prior to re-use anapproval and license has to betaken from appropriateauthority

Yes, there is a selfreporting mechanism inplace

Yes, the statuteprescribes formonitoring by theappropriate authority.

11 Potential Areas of Intervention

Raw Water Supply

Input to Industry

A law or a regulation may be laiddown by CGWA or other bodiesresponsible for regulating use ofsurface water mandating thebaseline standards and thereaftermonitoring for quality of raw water tobe supplied to industry

A law or a regulation mandating the self-reporting of quantity and quality of raw water used to SPCBs. Also a

consolidated law/statute stating requirement of a license or permit to

use ground and surface water

Utilisation of Water

in Industrial Process

A regulation/notification may be

framed at the central level under EP

Rules stating the technology that

may be used for various types of

industries to ensure less effluents at

the time of discharge of waste water.

Generation of

wastewater post

industrial process

At the state level, a self reporting

tool ought to be formulated by

SPCB to ensure that wastewater

quality can be monitored

immediately after completion of

industrial process

At the level of the SPCBs, at the

state level, a monitoring tool,

perhaps by using ICT solutions to

monitor the amount and quality of

wastewater immediately after

industrial process.

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12 Potential Areas of Intervention

Effluent Treatment

CETP/ETP

Formulation of set or rules and

regulations laying down the

minimum personnel requirement for

operation of CETPs by the state

industrial development authorities

In case of the ETPs, at the state

level enactment of a set of self

reporting rules and laying down of

inlet standards by the SPCB

specifically for the ETPs.

Discharge of treated

Water/re-use

Enactment of a statute specifying

the standards for re-use of waste

water for various types of uses

(agriculture, industry, recreational)

as well as laying down of an

approval process for entities which

are interested in re-use

Statute mentioned above would alsolay down the monitoring mechanismfor re-use of waste water, perhapsby way of ICT tools.

Compliance/ Pollution Monitoring • Strengthening of penal provisions under environmental laws for

non compliances

• Legal framework for Environmental Compensation

ICT Based Tools• ICT based dashboard for repository of Environmental law with

improved user interaction

• Environmental Self Assessment Tool (to check compliance with

Environmental legislation)

These areas of intervention shall require the following to ensure effective compliance and monitoring

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5

13 Matrix for Intervention and Benchmarks

Benchmarks/Country Legal InstrumentUsed

Measures taken by benchmark country Indicative Measures which may be taken inIndia

Raw Water Supply Input toIndustry

Canada (Province ofBritish Columbia)

Enactment ofstatute- WaterSustainabilityAct, 2014

• Statute lays down the procedure for utilization ofgroundwater and surface water and theapprovals to be taken

• Provides for a monitoring mechanism for usageof the raw water.

▪Consolidated regulation may be laid downby Govt of India specifying a process bywhich the permit for usage of water maybe granted.

▪A method for monitoring of usage ofwater may be laid down.

Effluent TreatmentUnited States ofAmerica (EnvironmentProtection Agency)

EPA Standards(empowered byClean Water Act)- in the form ofregulations

• Lays down inlet standards which are to befollowed by publicly owned water treatmentworks (POTWs).• Also provides outlet standards for these POTWs.

▪While inlet standards exist at central andstate level, a monitoring mechanism toensure adherence to such standards maybe laid down by way of amendment to theEP Rules.

Discharge/Reuse ofWastewater

Spain (Royal Decree1620/2007)

Enactment ofstatute- RoyalDecree1620/2007

• Lays down detailed manner and ways in whichthe reclaimed water may be reused. For each ofthese reuses, law prescribes water qualityparameters which the reclaimed water has tofulfil.

▪A separate statute OR rules may be laiddown at the central level stipulating waterquality standards depending on the typeof re-use as well as the procedure forallowing re-use of water.

Usage of ICT Tools EU-LEX and WIPO (legaldatabase tool)NETREGS (selfassessment tool)

NA• Legal database tools analysed lists down the

laws as of date and captures the amendmentson real time basis.• Self Assessment tool analysed provides for an

interactive method by which industry operatorscan check the compliances which have to beadhered to.

• The Govt of India may consider floating atender for procuring/using such ICT toolsfrom relevant service providers.

Proposed Intervention

STATE LEVEL ASSESSMENT- BIHAR

14 Preliminary Assessment of As-is Regulatory Framework in Bihar

Dimensions/Topics to be studied Standards Approval/Procedure Self Reporting Monitoring

Raw Water Supply Input to Industry

Quality Bihar uses groundwater as sourceof raw water.

CGWA sets the standards as toquantity of groundwater whichmay be drawn. But no specificstandards for quality ofgroundwater.

NOC/permit has to betaken from CGWA before anindustry can usegroundwater.

The raw water supply isprovided by Department ofPublic Health andEngineering, Bihar.Approval to be taken fromdepartment as well.

No separate selfreportingmechanism,

CGWA prescribesinstallation of watermeters for auditing theusage of groundwater.BIADA, SPCB andCGWA monitors themeter readingsperiodically.

Quantity

Source

Utilisation of Water by various types of industries

Technology Industry specific norms have beenprovided with respect toquantum of consumption ofwater under Water Rules.However, no technologicalstandards or process standardshave been laid down in Bihar.

As part of EIA/EC, approvaland the CTE/CTO approvalof SPCB has to be taken forquantum of consumption ofwater. No separateapproval for technologyand process. For safety, theapproval of the municipal,state and labour authoritiesis needed.

No separate selfreporting over thequantum of waterbeing used or thetechnology andprocess beingused.

As part of the EIA/ECpost monitoringmechanism and theCTE/CTO process ofSPCB the consumptionof water is checked .However, nomonitoring of process& technology

Safety

Process

Water Consumption

Regulations

Industrial Process Flow


Dimensions/Topics to be studied Standards Approval and

ProcedureOperations Monitoring

Generation of Wastewater post industrial process

Quantity There are dischargestandards laid down underthe EP Rules for quantity &quality of discharge.However, no specificstandards for quality andquantity of wastewaterimmediately post industrialprocess.

Prior to operation ofindustry, the EIAprocess and theCTE/CTO processensures that anapproval has to betaken from MoEF andSPCB respectively inwhich the quality ofwastewater to begenerated is to bedisclosed.

NA

Bihar SPCB has thepower to monitorcompliance withdischarge standards.

Quality

Technology

Effluent Treatment(CETP/ETP)

Quality As per EP Rules, the inletstandards for CETP areprescribed and the outletstandards of CETP are thesame as dischargestandards under EP Rules.For ETP, there are no inletstandards.

CETP treated as anyother industry andCTE/CTO have to betaken from SPCB priorto operation for CETP.In case of ETP, if anindustrial unit does nothave one CTE/CTO notgranted by SPCB.

No operation normsfor CETPs as of date.However BIADA inprocess of framingnorms.

SPCB of Bihar doesmonitor theperformance ofCETPs/ETP on aperiodic basis.

Technology

Personnel/Skills

Regulations



Dimensions/Topics to be studied Standards Approval and

ProcedureSelf Reporting Monitoring

Discharge ofWastewater/Reuse ofWastewater

Quantity Quantity Standards fordischarge have beenprovided under EP Rules.However, no common setof standards for varioustypes of re-use of wastewater.

Water Act does statethat industries have totake the consent ofSPCBs beforedischarging water. Nosuch approval processas of now for re-use.

There is no self reporting mechanism in place.

SPCB of Bihar onannual or six monthlybasis samples thewater being dischargedby industrial unit tocheck compliance.There are also EIA postmonitoringmechanisms in place.

However, there is nomonitoring of reuse ofwastewater

Quality

Types of Re-use

Regulations


Absence of regulatoryframework

Partial existence ofregulatory framework

Regulatory framework exists.

ANNEXURE- CASE STUDIES

17 Potential Areas of Intervention 1: Regulations for Use of Raw Water by Industry

✓ The Canadian state of British Columbia has enacted a statute in 2014 called the Water Sustainability Act which haschanged the legal regime under which water may be utilized.

✓ Earlier there were no caps on the quantity of groundwater which can be utilized by any entity or industry orindividual. However, the new law prescribes, as per Section 10, taking up use approvals prior to diversion or usageof water from a stream or aquifer.

✓ The approval has to be taken from the Government of British Columbia, Canada or any of its authorisedrepresentatives. As part of approval process, the quantity of water which may be used shall be fixed and thepurpose of usage of water shall also be pre-determined.

✓ The approval shall be provided for a period of 24 months at a time and shall be subject to renewal after that.

✓ The applicants have to pay a prescribed fee and fill a particular form to the Government before actually utilizingwater. Any violation of the use-approval shall lead to fines and penalties.

Case Study of British Columbia, Canada:

18 Potential Areas of Intervention 1: Regulations for Use of Raw Water by Industry

Extract of Section 10 of the Water Sustainability Act ,2014

Case Study of British Columbia, Canada:

19 Potential Areas of Intervention 2: Effluent Treatment CETP/ETP

✓ Primary legislation dealing with water pollution is Clean Water Act (CWA) - a federal legislation. The law under Section 304(d) requires Environmental Protection Agency (EPA) to formulate secondary treatment standards to be followed bypublicly owned water treatment works (POTWs).

✓ The EPA has formulated and published secondary treatment standards based on an evaluation of performance data forPOTWs practicing a combination of physical and biological treatment to remove biodegradable organics and suspendedsolids (illustration of such standards provided in next slide)

✓ The regulation also includes an alternate set of standards that apply to certain facilities employing waste stabilizationponds or trickling filters as the principal process (illustration of such standards provided in next slide).

✓ However, USA being a federal country, empowers state environmental agencies to lay down standards more stringent thanthe standards laid down by the EPA, especially with respect to certain water bodies where the POTW seeks to dischargewater into post treatment.

✓ The CWA also requires each POTW to take out the NPDES permit before outlet of wastewater. NPDES permit alsospecifies technology-based effluent limitations (TBELs) which are the minimum level of treatment of pollutants forpoint source discharges based on available treatment technologies.

Case Study of United States of America:

20 Potential Areas of Intervention 2: Effluent Treatment CETP/ETP

Extract and Illustration of Secondary Treatment Standards, EPA

Case Study of United States of America:

21 Potential Areas of Intervention 3: Discharge/Re-use of Wastewater

Spain• Has a specific and stringent law

exclusively dealing with re-useof wastewater i.e. Royal Decree1620/2007

• The law specifically deals withaspects such as standards andpurposes which the re-usablewater must adhere to.

• Also prescribes permits to betaken for wastewater re-use.

USA• Environmental Protection

Agency (EPA) has issued certainguidelines regarding the mannerin which the wastewater may bere-used and the purposes forwhich such wastewater may bere-used.

• Certain states in USA such asTexas, Florida and California hasstandalone regulations for re-use of water.


✓ Spanish law (Royal Decree 1620/2007) defines the term reclaimed water. Reclaimed water is wastewater that has been submitted to arigorous treatment process in a water reclamation facility (WRF) and can thus be directly employed for more restricted uses (irrigation,industrial uses, environmental uses, etc.), without being diluted by other water flows.

✓ Annex I.A of the Spanish Law lays down the manner and ways in which the reclaimed water may be reused. For each of these reuses, lawprescribes water quality parameters which the reclaimed water has to fulfil (illustration and extract of Annex I.A provided in next slide).The uses prescribed for reclaimed water includes:

❑ Urban Uses (irrigation of parks and gardens, street cleansing, washing of vehicles, industrial hydrants)❑ Agricultural Uses (crop irrigation systems, aquaculture, irrigation of pasture land for milk, irrigation of ornamental

flowers/nurseries/greenhouses)❑ Industrial Uses (process and cleaning water except for food industry, cooling tower and evaporative condensors)❑ Recreational Uses (golf course irrigation and ornamental lakes)❑ Environmental Uses (local aquifer recharge, irrigation of woodlands and mini-forests, maintenance of wetlands)

✓ Spanish Law also prescribes that prior to reuse of reclaimed water, the water has to be tested and sampled at the outlet point of thewater reclamation facility (WRF). The parameters for testing have been prescribed in Annex I.B of the Royal Decree 1620/2007.

✓ The Spanish Law- Royal Decree 1620/2007- states that prior to re-use of reclaimed water, the user of such reclaimed water has to take anadministrative concession under the Water Act of Spain.

Case Study of Spain:


Case Study of Spain:

Extract and Illustration of Annex I.A of Royal Decree 1620/2007

24 Potential Areas of Use of ICT Tools

Current Challenges

✓ Information Asymmetry: All environmental laws (central &state) not available online on single platform and this leadsto information asymmetry vis-à-vis the stakeholdersespecially w.r.t. to ultimate compliance as somestakeholders are unaware of existence of the relevant law

✓Multiple laws and regulatory bodies: Multipleenvironmental laws/ rules/ regulations/ notificationsbrought into force by central govt bodies as well as stategovts. In the absence of a common platform explaining theapplicability of each law, difficult for stakeholders tounderstand and comply.

✓ Tracking amendments to environmental laws:Amendments to environmental rules/regulation/standardstake place frequently and currently inadequate mechanismfor capturing the changes to rules/regulations/standards onreal time basis

10.1 A common database/repository for all applicable environmental laws in India

Solution: Common environmental law e-database

❑ All central environmental statutes & rules madethereunder

❑ All rules, standards laid down under various EnvironmentalActs.

❑ Standards norms and directives laid down by CPCB, if any,from time to time

❑ State wise classification of bye-laws dealing withenvironment

❑ SPCB directives and notifications- state wise classification❑ Database of case laws (ranging from NGT to SC) dealing

with each of the rules, regulations, standards laid downfrom time to time

❑ Classification of environmental laws on the basis of type ofpollution

❑ All amendments made to each statute, rule, regulation,standard, etc on real time basis

❑ A ready reckoner explaining applicability of each law andthe purpose of such law

25 ICT Tool- Repository of laws -Example of EUR LEX (European laws)

26 ICT Tool- Repository of laws -Example of WIPO LEX Search (for IP Laws)

27 ICT Tool- Repository of Environmental laws


Current Challenges

✓ Absence of consolidated data: Absence of consolidateddata leads to challenges in monitoring the data on a timelybasis.

✓ Lack of responsibility and performance tracking: The lackof a self assessment mechanism does not allow formonitoring of performance and efficient compliance to theenvironmental laws.

✓ Tracking the potential impacts and risks: The potentialenvironmental impacts of a planned project cannot beidentified at an early stage in order to facilitate decision-making process.

10.2 Self Assessment Tool

Benefits of Self-Assessment Tool

❑ Availability of consolidated data on a an online platformproviding access for authorities, corporations andindustries to track the performance on a timely basis.

❑ Create transparency and involve the responsiblestakeholders in decision-making processes andenvironmental assessments

❑ Common protocol that the industries must follow toidentify risks and take necessary actions in a timelymanner.

29 ICT Tool- Repository of Environmental laws



32 Topics/Dimensions Proposed to be Studied in Industrial Process Flow

Steps in Industrial Process Flow Topics/Dimensions Proposed to be Studied/Studied within each Step

Raw Water Supply Input to Industry • Standards/Norms for withdrawal of raw water from different sources: Groundwater, Rainwaterand surface water

• Policy/Guidelines for amount of water to be withdrawn from each source for different industrialsectors?

• Pre-treatment of raw water before industrial use- Should there be any specific norms for qualityof water required for each type of industry

• Specific parameters for checking quality of water- Acidity/alkalinity, Biochemicaloxygen demand. Chemical oxygen demand, Turbidity, Toxicity.

• Raw water treatment system- Infrastructure• Distribution and Supply of raw water from source to industry – Industrial Corporations/Industries• Policy instruments for management of infrastructure and supply of water to industries• Laws governing the manpower/skills required for managing the infrastructure

Utilisation of Water by Industry • Are there any standards for prescribing water based on raw materials used in the industry• Are there any standards for prescribing water based on products produced by the industry• Are there any specific technologies (BAT, BCT, BPT) prescribed to combat pollution of water for

each industrial sectors• Are there any policies that monitor the use of the technologies• Standards and norms for water consumption• Are there any policies that mandate the monitoring of adherence to standards and norms for

water consumption and use of technologies• Are there safety norms and process controls wrt water use and w/w generation? Review of

current regulatory framework for the same.

33 Topics/Dimensions Proposed to be Studied in Industrial Process Flow

Steps in Industrial Process Flow Topics/Dimensions Proposed to be Studied/Studied within each Step

Generation of Wastewater post industrial process

• Are there any specific technologies prescribed for treatment of wastewater• Type pf wastewater generated based on use : Process water, backwash water, domestic use, cooling

towers, etc.• Quality of wastewater generated: Acidity/alkalinity, Temperature, Biochemical

oxygen demand, Chemical oxygen demand, Turbidity, Toxicity.• Are there any laws mandating the reporting of wastewater generation from time to time and

monitoring of the same.

Effluent Treatment (CETP/ETP) • Infrastructure for treatment and transfer of wastewater• Management of infrastructure and monitoring• Wastewaters collected by tanker for treatment/disposal• Laws governing pre-treatment of wastewater before discharge into CETP/ETP• Common inlet standards for CETP• Are there any laws governing the technology to be adopted by the CETP/ETP so as to promote

efficient and effective effluent treatment?• Are there any laws and regulations governing the manpower / skills required for operating the

CETPs/ETPs?• What is the efficiency and effectiveness of laws regulating the quality standards to be adhered to by

CETP/ETP?

Discharge of Wastewater/Reuse of Wastewater

• Are the post treatment w/w discharge rules and regulations on quantity and quality parametersadequate and effective? What is the scope of improvement.

• Are there any standards of re-use of treated w/w?• Are there any uniform set of laws governing treated w/w re-use and types of reuse?

The better the question. The better the answerThe better the world works

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Documents

Consultancy Services for analysis of the legal bases ...seip.urban-industrial.in/live/hrdpmp/hrdpmaster/... · Water (Prevention and Control of Pollution) Rules, 1975 Water Cess Act,