*Various Control Acts for AIR POLLUTION

Mukund Vinayak

10-CSA

*CHRONOLOGY OF AIR POLLUTION CONTROL

……..LEGISLATIONS*1948 – Factories Act and Amendment in

1987 was the first to express concern for the working environment of the workers. The amendment of 1987 has sharpened its environmental focus and expanded its application to hazardous processes.

*1981 – Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.

*1982 – Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted on them.

*CHRONOLOGY OF AIR POLLUTION CONTROL ……..LEGISLATIONS

(CONTD.)

*1982 – Atomic Energy Act deals with the radioactive waste.

*1987 – Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution boards to meet with grave emergencies of air pollution.

*1988 – Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported.

*CHAPTER I : PRELIMINARY

*Short title, extent & commencement

*Definitions

- "air pollutant" means any solid, liquid or gaseous substance 2[including noise] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment

*CHAPTER 2 : CENTRAL AND STATE BOARDS FOR THE

PREVENTION AND CONTROL OF AIR POLLUTION*Central Pollution Control Board

*State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act

*Terms and conditions of service of members

*Constitution of State Boards

*Central Board to exercise the powers and perform the functions of a State Board in the Union Territories

*Vacation of seats by members

*CHAPTER 3 : POWERS AND FUNCTIONS OF

BOARDS *Functions of Central Board

- advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution

        - plan and cause to be executed a nation -wide programme for the prevention, control or abatement of air pollution

        - co-ordinate the activities of the State Boards and resolve disputes among them

        - provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution - plan and organise the training of persons - organise through mass media a comprehensive programme - lay down standards for the quality of air - collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control

*CHAPTER 3 : POWERS AND FUNCTIONS OF

BOARDS *Functions of State Boards

- to advise the State Government on any matter concerning the prevention, control or abatement of air pollution

- to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process

- to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein

*CHAPTER 4 : PREVENTION AND CONTROL OF AIR

POLLUTION *Power to declare air pollution control areas

*Power to give instructions for ensuring standards for emission from automobiles

*Restrictions on use of certain industrial plants

*Person carrying on industry, etc. not to allow emission of air pollutants in excess of the standards laid down by State Board

*Power of entry and inspection

*Power to obtain information

*CHAPTER 4 : PREVENTION AND CONTROL OF AIR

POLLUTION

*Power to take samples of air or emission and procedure to be followed in connection therewith

*Reports of the result of analysis on samples taken under section 26

*State Air Laboratory

*Reports of analysts

*CHAPTER 5 : FUND, ACCOUNTS AND AUDIT

*Contribution by Central Government

*Fund of Board

*Borrowing powers of Board

*Budget

*Annual report

*Accounts and audit

*CHAPTER 6 : PENALTIES AND PROCEDURE

*Offences by companies- ( 18 m/6 Yrs/5000)

*Offences by government departments

*Protection of action taken in good faith

*Reports and returns

*CHAPTER 7 : MISCELLANEOUS

*Power of State Government to supersede State Board

*Dissolution of State Boards constituted under the Act

*Maintenance of register

*Power of Central Government to make rules

*Power of State Government to make rules

*POWER OF POLLUTION

BHOPAL GAS TRAGEDY

A CASE STUDY

*BACKGROUND

*In 1969, Union Carbide India Ltd. (Parent Co. UCC - 50.9% stake) set up a small plant in Bhopal, capital city of M.P. to formulate pesticides.*Bhopal facility was part of India’s Green Revolution aimed to increase productivity of crops.*Until 1979,the UCIL used to import MIC (Methyl Isocynate) from the parent co. in U.S.*After 1979,it decided to manufacture its own MIC.

*MIC

*Organic ,volatile, flammable & poisonous chemical used in pesticide production.

*Little lighter than water but twice as heavy as air

*Ability to react with many substances: water, acids, metals, small deposits of corrosive materials that accumulate in pipes, tanks & valves.

*Highly toxic to humans & short term exposure can cause death, respiratory diseases, ophthalmic problems, neurological disorders etc.

*GREATEST INDUSTRIAL DISASTER IN HISTORY

*On the night of Dec 3,1984, a dangerous chemical reaction occurred into UCIL factory when a large amount of water seeped into the MIC storage tank.

*The leak was identified but staff inadequacies prevented any containment.

*Result: About 40 tons of MIC poured out of the tank for nearly 2 hours & escaped into the air, spreading within 8 hours downwind over the city of nearly 9 lakh.

*Thousands of people were killed in their sleep & lakhs remain injured or affected. Most seriously affected were the densely populated nearby slum colonies around the plant near the Bhopal Rly. Station.

*SAFETY & MAINTENANCE

STANDARDS

*Different for Bhopal plant & West Virginia (U.S.) plant. No computerized data loggers.*Unreliable temp.& pressure gauges.*No effective warning system.*Gas leaks detected by workers reporting tearing & burning sensation in their eyes.*Inadequate safety & maintenance procedures.*Several minor accidents reported earlier.*Most technicians poorly trained & inexperienced.

*LAXITY OF INDIAN RULES &

REGULATIONS

*UCIL was able to operate its deteriorating plant because industrial safety & environmental laws & regulations were lacking making state of M.P. or the Indian Govt. indirectly responsible for the tragedy.

*NEGLIGENCE OF UNION CARBIDE

*Co. made no effort to communicate the risk to the public.*No emergency response plans practiced.*When MIC was released , the co. insisted there was no leak. Public alarm was not sounded until hours later.*UCIL provided misleading information on treatment for the toxic effects of MIC, resulting in inadequate treatment by local doctors.*UCC never publicly accepted liability for the Bhopal catastrophe.

*STRATEGY OF UNION CARBIDE

*Strategy for negotiation focused on a fixed settlement (supreme court-Oct 1991,$470 million) that would allow them to walk away from Bhopal & its victims.

*UCC fought hard to ensure the legal battle took place in India & lawsuits filed in U.S. courts were rejected on the basis that the disaster occurred in the plant in India, the victims were Indian & UCIL-which ran the plant was a subsidiary of UCC.

*UCC was able to delay the legal process in India.

*LEGAL STANDING

*Following the disaster, Govt. of India passed the Bhopal Gas Leak Disaster (Processing of claims) Act,1985.

*The act gave power to the central govt. to represent all claimants in appropriate forums, appoint a welfare commissioner & other staff & to discharge duties connected with hearing of the claims & distribution of compensation.

*Indian Supreme Court ordered the dismissal of all civil & criminal charges against Carbide & its officers & gave them immunity from future prosecution.

*The Supreme Court felt ,the victims needed immediate relief, not further legal delay.

*LEGAL STANDING (contd.)*International law at present plays no role in a

Bhopal scenario.

*A change in Govt. prompted the court case to be reopened.

*Criminal proceedings against UCC & Warren Andersen (chairman of UCC at the time of catastrophe) have been pending since 1992 in India.

*UCC continues to maintain that all personal injury & related claims were settled in 1989 & have refused to respond to any summons from the Indian Court.

*UCC has been deemed fugitive/absconder.

*ARE WE DONE WITH THE

PRESENTATION???