POLLUTION CONTROL LAWS IN MINING INDUSTRIES

“Pollution” means such contamination of water or such alteration of physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water(whether directly or indirectly) as may, or is likely to, create a nuisance or render such harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or life and health of animals or plants or of aquatic organisms.

The Pollution control Laws applicable in Mining IndustriesThe Water (Prevention and control of

Pollution) Act, 1974Air (Prevention and control of Pollution)

Act, 1981Water (Prevention and control of

Pollution) Cess Act, 1977Environment (Protection) Act, 1986

a) CRZ, b) EIA Notification,1994 Hazardous Waste (Management, Handling

and Transbowndary Movement) Rules, 2008.

The Pollution control Laws applicable in Mining IndustriesBio-Medical waste(Management

and Handling) Rules,1998Batteries (Management and

Handling) Rules,2001Public Liability Insurance Act,

1991Noise Pollution (Regulation and

control) Rules,2000

Water (Prevention and control of Pollution) Act, 1974 Objective :- Water (Prevention and control of Pollution) Act, 1974, is

an Act to provide prevention and control of water pollution and maintaining or restoring of wholesomeness of water.

Salient Features :- No person shall discharge any poisonous, noxious or

polluting matter detrimental to the water body, or on land, or into well or stream whether the same is dry for the time being or full.

The discharge of any trade effluent or sewage shall be regulated as per the consent of the State Board. Such discharge has to meet the standards prescribed by the State Board.

New Industry shall obtain the consent for establishment of the Board for operation or process of any treatment and disposal system or an extension or addition there to which is likely to discharge sewage and/or trade effluent.

The Act provides for issues of direction by the Board to any industry for it’s closure, prohibition or regulation of any operation or process, or the stoppage or regulation of supply of electricity, water or any other service, in cases of non-compliances and danger to the environment

Collection of Information:- (Under Section 20)Empowering the Board to obtain the information and also give directions requiring any person to furnish details regarding activities.

Sample collection for analysis :-(Under section 21)A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis of samples of water from any stream or well or samples of sewage or trade effluent which is passing from any plant from or over any place into any such stream or well.

For Iron and Steel Plant :-waste –water Discharge standards

1)pH- 6 to 8.52)Suspended solids-100 mg/L3)BOD, 3 days at 27

0 C -30 mg/L

4)COD -250 mg/L5)Oil and grease- 10 mg/L

Air (Prevention and control of Pollution) Act, 1981

The Air (Prevention and control of Pollution) Act, 1981, is an Act to provide for prevention, control and abatement of air pollution.Emission of solid or liquid or gaseous substance(including noise are covered under this statute. No person, shall establish or operate any industrial plant in any air pollution control area, shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of standards laid down by the state Board. These emissions will be with prior consent of the Board.

Salient features :- New industry shall obtain the consent for establishment of

the Board to establish an industrial plant New industries prior to commissioning and existing

industries shall obtain consent of the State Board for discharge of emission into atmosphere.

For remedial measures, the Act provides for issue of directions by the State Board to any industry for it’s closure, prohibition or regulation of any operation or process or stoppage or regulation of supply of electricity, water or any other service.

Any of contravention of provisions of the statute will attract penal action, which include fine and imprisonment

Compliance to Emission norms :-(Under section 22)No person operating any industrial plant, in any pollution control area shall discharge or cause or permit to be discharged the emission of any air pollution in excess of the standards laid down by the State Board

Sl No Pollutant Time weighted average

Concentration in ambient airMethod of

measurementIndustrial &

Residential & Rural Areas

Sensitive Area

1 Sulphur Dioxide (So2)

Annual Average 50 µg/m3 20 µg/m3 Improved west & Greak Method

24 Hrs 80 µg/m3 80 µg/m3 Ultra violet flourescene

2Oxides of

Nitrogen(NO2 )Annual Average 40 µg/m3 30 µg/m3 Jacob&Hochheeres

modified method

24 Hrs 80 µg/m3 80 µg/m3 Gas phase

3Particulate

Matter(Size less than 10 µm) or PM10

Annual Average 60 µg/m3 60 µg/m3High Volume

Sampling ( Avg flow rate 1.1m3 /min)

24 Hrs 100 µg/m3 100 µg/m3 - do -

4Particulate

Matter(Size less than 2.5 µm) PM2.5

Annual Average 40 µg/m3 40 µg/m3 Respirable Particulate Sampler

24 Hrs 60 µg/m3 60 µg/m3 - do -

5 Carbon Monoxide(hourly)

8 hrs 2.0 mg/m3 2.0 mg/m3Non dispersive infrared (NDIR) spectroscopy

1 hr 4.0 mg/m3 4.0 mg/m3 - do-

National Ambient Air Quality Standards(AAQ)

Water (Prevention and control of Pollution) Cess Act, 1977

The purpose of this Act is to levy and collect cess on water consumed by persons carrying on industries and by local bodies, with a view to augment the resources of central and state Board for prevention and control of water pollution.

Salient features :- Water cess is levied based on water consumed by every

person carrying on any industry and for domestic use by local Authority. Cess is calculated on rate specified for different water uses.

For quantification of water use, the local body or industry as the case may be under the act shall affix water meters at the places of intake into various process, operation and for domestic use.

The industry and local body consuming water shall furnish the cess returns in the prescribed form on or before 5th of every month to respective regional office.

If the industry/local body complies with regulation, i.e by providing effluent treatment plant, meeting standards prescribed in terms of quality & quantity, a rebate of 25 % is entitledAffixing of water meters(under section 4).The industries and local bodies are required to install standard water meters at such places as may be required by concerned authority for measuring and recording the quantity of water consumed by the industry.

Environment(Protection) Act, 1986.

Environment (Protection)Act, 1986 confers powers to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environment pollution. This Act imposes a duty on every person to take steps to prevent mitigate the environmental pollution.Salient features :-

The Act empowers central Govt. to make specific rules for protection of environment.

It is a general legislation for environmental protection focusing on specific types of pollution like Hazardous substance, Bio-medical waste, Municipal solid waste etc.,

Co-ordination activities of various regulating agencies.

Industry specific standards, equipment based standards and general standards are laid down for regulation of discharge of environmental pollutants.

Submission of environmental statement in form –V to PCB under section 25 of the Act.

Coastal Regulation Zone Notification,(CRZ),1991Under the provisions of Environment(Protection)Rules, 1986, the central govt. declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action(in the landward side) up to 500 meters from High Tide Line(HTL) and the land between the Low Tide Line(LTL) and HTL as Coastal Regulation Zone; and imposes restrictions on setting up and expansion of industries, operation or processes etc., in the said coastal Regulation Zone(CRZ).

For the purpose of this notification, the High Tide Line means the line on the land upto which the highest water line reaches during spring tide.The entire area has been divided into CRZ-I, CRZ-II, CRZ-III and CRZ-IV

CRZ-I Area:- This zone covers all the ecologically sensitive areas such as national parks, marine parks, sanctuaries, reserve forests, wild-life habitat, man groves, corals, coral reefs, areas closed to breeding and spanning grounds of fish and other marine line, areas of out standing natural beauty/historical/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas may be declared by the central govt or the concerned authorities at the state/union territory level from time to time. This zone covers area between Low Tide Line and High Tide Line.(no new construction shall be permitted within 500 meters of HTL)

CRZ-II :-The area that have already been devoloped upto or close to the shore line. For this purpose, “Developed area” is referred as that area within municipal limits or in other legally designated urban areas which is already substantially build up and which has been provided with drainage and approach road and other infrastructural facilities such as water supply and sewerage mains.

CRZ-III :- These areas that are relatively un-disturbed and those which do not belong to either CRZ-I and CRZ-II. These will include coastal zone in rural areas.

CRZ-IV:- Coastal stretches in the Andaman & Nicobar, Lakshawadeep and small islands except those designated CRZ-I, II OR III.

Environment Impact Assessment Notification, 1994 under EPA

The MoEF in exercise of the powers conferred under Environment (Protection ) Act,1986, under this Notification, it is required that, construction of new projects or activities or expansion or modernization of the existing projects or activities listed in Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken only after the prior environmental clearance from the central Govt. or as the case may be, by the state Level Environment Impact assessment Authority, in accordance with the procedure specified hereinafter in this notification.

Requirements of prior Environmental clearance (EC)

The project or activities categorized as ‘A’ in the schedule shall require environmental clearance from the central Govt. in the MoEF.

Projects or activities categorized as ‘B’ in the Schedule shall require prior Env. Clearance from the state level the state Environment Impact Assessment Authority.

Expansion and modernization of the existing projects.

Any change in the product-mix in an existing manufacturing unit included in the schedule beyond specified range.

Stages in the prior EC process for New projectsStage 1 Screening (Only for category ‘B’ projects)Stage 2 ScopingStage 3 Public consultationStage 4 Appraisal

Screening : In case of cat ‘B’ projects, the concerned SEAC will entail the scrutiny of an application seeking prior environmental clearance made in form-1 for determining whether or not the project or activity requires further env. studies for preparation of EIA report. Scoping :- Scoping refers to the process by which expert appraisal committee, determine detailed and comprehensive Terms of Reference(TOR) addressing all env. concerns for the preparation of EIA report. The TOR shall be conveyed to the applicant by Expert Appraisal committee as concerned within sixty days of the receipt of Form-1(i)Public consultation:- “Public consultation” refers to the process by which the concerns of the local affected persons and others who have plausible stake in the environmental impacts of the project or activity.

(ii) After completion of public consultation, the applicant shall address all the material environmental concerns expressed during the process, and make appropriate changes in the draft EIA and EMP.Appraisal :- Appraisal means the detailed scrutiny by the expert Appraisal committee or state level Expert Appraisal committee of the application and other documents like final EIA Report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concerned for grant of environmental clearance. On conclusion of this proceeding, the expert appraisal committee shall make categorical recommendations to the regulatory authority concerned either for grant of prior Env. Clearance on stipulated terms and conditions, or rejection of the application for prior Env. clearance, together with reasons for the same.

(ii) The appraisal of an application be shall be completed by the expert appraisal committee concerned with in sixty days of the receipt of the final EIA report.

Hazardous Wastes ( Management & Handling ) Rules, 1989

“Hazardous waste” : means, any waste which by reason of any of it’s physical, chemical ,reactive , toxic, flammable, explosive or corrosive characteristics listed in schedule of the rules. It causes danger or likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances.

Responsibilities and duties of occupier or operator of Hazardous waste facility ( Under Rule 4 )

(1) The occupier and operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of Hazardous waste listed in schedule.

(2) It shall be responsibility of the occupier and operator of a facility to take all steps to ensure that the wastes listed in schedule are properly handled and disposed off as may be specified by the State Board with out any adverse effect to the environment.

(3) The operator of a facility to take adequate steps while handling hazardous wastes to :

(i) Contain contaminants & prevent accidents and limit their consequence on human and the environment, and

(ii) Provide persons working on the site with information, training and equipment necessary to ensure their safety.Grant of Authorization ( Under Rule 5 )

Every occupier generating hazardous waste and having a facility for collection, reception, treatment, transport, storage and disposal of such wastes shall make an application in form-I to the State Pollution Control Board for grant of Authorization for any of the above activities.

The SPCB shall process the authorization application with in 90 days and grant or refuse the Authorization.

Records and Returns 1. The occupier generating hazardous waste and operator of

facility for collection, reception, treatment, transport, storage and disposal of hazardous waste shall maintain records of such operation in Form-3

2. The occupier and operator of facility shall send annual returns to the SPCB in Form-4

Bio-Medical waste( Management & Handling ) Rules, 1998 These rules are came in to force from 20th July 1998 These rules are apply to all persons who generate,

collect, receive, store, transport, treat, dispose or handle bio-medical waste in any form.

‘‘Bio-Medical waste” means, any waste, generated during diagnosis, treatment or immunization of human beings or animals or in research activity or in the production or testing of biological and including categories mentioned in schedule-I

Duty of occupier : Take all steps to ensure that waste is handled without

any adverse effect to human health and the environment.

To install an appropriate facility to ensure requisite treatment of waste in accordance with schedule-I and in compliance with standards prescribed.

Ensure proper segregation of waste at point of generation

Ensure proper labeling of containers/bagsMake an application in Form-I to KSPCB for

grant of Authorization.Submit annual report to KSPCB in Form-II

by 31st January every yearMaintain records about operation,

collection, storage, treatment and disposal of waste.

Report accident occurred while handling wastes in Form-III to KSPCB

Prescribed Authority is KSPCB

Categories of Bio-Medical Waste (Sch-I)Sl.No

Waste categoryNumber

Waste category type Treatment & Disposal option

1 Category-1 Human Anatomical waste(Human tissues, organs, body parts)

Incineration/Deep burial

2 Category-2 Animal waste(Animal tissues, organs, waste generated by veterinary hospitals)

Incineration/Deep burial

3 Category-3 Microbiology& Biotechnology waste(waste from lab cultures, stocks or specimens of micro organisms live or attenuated vaccines, human and animal cell culture

Local Autoclaving/microwaving/Incineration

Color coding type of container for disposal of Bio-Medical Waste(Sch-II)Sl.No

Color coding

Type of container

Waste category

Treatment options as per Sch-I

1 Yellow Plastic bag Cat1,cat2 , cat3 & 6

Incineration/Deep burial

2 Red, Blue, White or Black

Disinfected container/Plastic bag

Cat-3,cat-6& cat-7

Autoclaving/Microwaving

The Batteries ( Management & Handling Rules ), 2001These rules apply to every manufacturer, importer, reconditioner, assembler, dealer, recycler, auctioneer, consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or components.Responsibilities of consumer or bulk consumer (Rule 10 )

(i) Ensure that used batteries are not disposed of any manner other than depositing with dealer, manufacturer, importer, assembler, registered recycler, reconditioner or at the designated collection centers and

(ii) File half yearly returns in form VIII to KSPCB (iii) Bulk consumers or their user units may auction used

batteries to the registered recyclers only.

Public Liability Insurance Act, 1991This Act, unique to India, imposes on the owner the liability to provide immediate relief in respect of death or injury to any person or damage to any property resulting from an accident while handling any of the notified hazardous chemicals.This relief has to be provided on “no fault” basis.

Salient features :• To be able to meet his liability, the owner handling hazardous chemicals

has to take an insurance policy of an amount equal to it’s “paid up capital”or up to Rs 500 millions, which ever is less.

• The policy has to be renewed every year. New undertakings will have to take this policy before starting their activity.

• The owner also has to pay an amount equal to it’s annuals premium to the central Govt’s Environment Relief Fund ( ERF ).

• The reimbursement of relief to the extent of Rs 25,000/- per person is admissible in case of fatal accidents in addition to the reimbursement of medical expenses up to Rs 12,500/-

• The liability of the insurer is limited to Rs 50 million per accident up to Rs 150 million per year or up to tenure of the policy.

• The payment under the Act is only for the immediate relief, owner shall have to provide final compensation, if any, arising out of legal proceedings.

Obligations of owners of an Industry• To provide relief, as specified, in case of death of injury to any

person ( other than workman), or damage to property from an accident occurring while handling hazardous substance, on the principle of no fault.

• To draw insurance policies more than paid-up capital of the undertaking, but less than Rs 50 crores, before handling any hazardous substance.

• To pay the amount of an award as specified by the collector in the prescribed manner.

• To pay additional amounts, as prescribed, to the insurer not exceeding the amount of premium, as a contribution to the Environment Relief Fund established under the Act.

Rights of Owner:- • Opportunity of having by District collector, before awarding the

amount of relief.• Opportunity to file objections with the central govt against the

proposed directions in the specified form within specified time(15 days from the date of service of notice)

The Noise Pollution ( Regulation & Control )The increasing ambient noise levels in public places from various sources, interalia, industrial activity, construction activity, DG sets, loud speakers, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and psychological well being of the people. It is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise.‘‘Authority’’ (under Rule 2 ) means and includes any authority or officer authorized by central Govt., or the case may be, the state Govt. in accordance with laws in force and includes a District Magistrate, Police Commissioner, or any other officer not bellow the rank of the DSP designated for the maintenance of the ambient air quality standards in respect of Noise under any Law for the time being in force.

Ambient Air Quality Standards in respect of Noise (Rule-3)

Sl.No

Area code

Category of Area/Zone

Limits in dB(A)Day Time Night Time

1 (A) Industrial Area 75 702 (B) Commercial Area 65 553 (C) Residential 55 454 (D) Silence zone 50 40

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