Chapter 2 LEGISLATIVE FRAMEWORK

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1 Chapter 2 LEGISLATIVE FRAMEWORK 2.1 Introduction Over the last 20 years, Mauritius has implemented a number of environmental acts and regulations aimed at controlling the environmental impact resulting from a range of activities. Outlined below are the main relevant environmental legislative acts and regulations under which the project will be controlled. This EIA report was prepared to meet its objectives as defined in the Environmental Protection Act 2002 and 2008, and the assessment methods were in line with the guidelines published by the Department of Environment (DoE, 2004). 2.2 Environmental Protection Acts 2002 The Environment Protection Act (EPA) 2002 established the framework to provide the protection and management of the environmental assets of Mauritius so that the capacity to sustain the society and its development remains unpaired and to foster harmony between quality of life, environmental protection and sustainable development for the present and future generations. It is declared in the act that every person in Mauritius shall use his best endeavours to preserve and enhance the quality of life by caring responsibly for the natural environment of Mauritius. The EPA 2002 was implemented in July 2002 and amended in May 2008 in order to further consolidate and reinforce the institutional and legal framework for the protection of the environment. Under Part IV, First schedule of section 15 (2) Part B of the EPA 2002, an EIA license must be obtained for the setting up of the dye house at La Tour Koenig. The Act provide for environmental stewardship, greater transparency and public participation in the EIA process as well as a list of the EIA procedures. The key areas to be covered by the EIA include: Location and surroundings of the dye house, including land zoning 14

2 Project description Assessment of the environmental, social, economic and cultural effects of the project Mitigation measures for the respective effects Environmental Monitoring Plan 2.3 Regulations Introduction The project will need to be in compliance with the following environmental laws and regulations: Wastewater Management Act 2004 Environment Protection Act 2002 and 2008 Standards for Air Regulations under EPA 2002 Standards for Discharge of Industrial Effluent Regulations 2004 Environmental Protection (Environmental Standards for Noise) Regulations 2008 Environment Protection (Standards for Hazardous wastes) Regulation Emissions to air The Environment Protection (Standards for Air) Regulations, 1998, stipulate the national emission standards and ambient air quality in Mauritius as shown in Table 2.1. Detailed reports of ambient air quality monitoring at Le Hochet, Terre Rouge are given in Annex ΧΙ. 15

3 Table 2.1: National air emission standards (EPA 1998) Pollutant Standards (i) Smoke Ringelmann No. 2 (ii) Particulate matter (PM 10 ) 200 mg/m 3 (iii) Oxides of nitrogen 1000 mg/m 3 (iv) Sulphur dioxide 350 µg/m 3 for 1 hour (v) Carbon monoxide 1000 mg/m Smoke and Particulate matter (PM 10 ) Particle matter is a term used to describe all suspended solid matter, sometimes referred to as Total Suspended Particulate Matter (TSP). Sources of particles in the air include road transport, power stations, quarrying, mining and agriculture. Chemical processes in the air can also lead to formation of particles. Particulate matter with an aerodynamic diameter of less than 10 µm is the subject to health concerns because of its ability to penetrate deep within the lungs and is known in its abbreviated form PM Oxides of nitrogen Nitrogen dioxide is a reddish brown gas and occurs as a result of the oxidation of nitric acid (NO), which in turn originates from the combustion processes. On a global scale, quantities of NO 2 generated naturally from lighting and bacterial action, far outweigh those from human activities. Health based standards for NO x generally relate to NO 2 where acute and long-term exposure may adversely affect the respiratory system. 16

4 Sulphur dioxide (SO 2 ) Sulphur dioxide is a colourless gas which is produced from some natural processes and is associated most strongly with the combustion of fossil fuels containing sulphur. SO 2 is a potent respiratory irritant when inhaled at high concentrations during air pollution episodes and may cause severe asthmatic conditions Carbon monoxide (CO) Carbon monoxide is an odourless, colourless gas produced by incomplete combustion of organic substances or carbon fuels (complete combustion, in the presence of sufficient oxygen, produces carbon dioxide). Sources of this pollutant include internal combustion engines, domestic heating appliances, road vehicles exhaust and forest fires. CO has the potential to cause health effects by reducing the oxygen-carrying capacity of blood. In the outdoor atmosphere, concentrations are usually below those at which health effects occur Effluent discharge limits The Waste Water (Standards for Discharge of Industrial Effluent) Regulations came into effect in 2004 under the Waste Water Management Authority Act. Under section 3, subsection (1) of the act, it is stipulated that no person shall discharge, or cause to be discharged, industrial effluent into a waste water system unless he holds a licence under these regulations. The regulations, applicable to discharges to inland water bodies and land, consist of limits for specific effluent parameters from a range of industries, including those for dye houses. Table 2.2 lists the characteristics and limits for effluents from the existing dye house at Terre Rouge for comparison. 17

5 Table 2.2: Characteristics and limits for effluent discharge for existing dye house at Terre Rouge (December 2014) Parameters Maximum Permissible Concentration Existing dye house results Unit (i) Temperature < ⁰C (ii) Colour - 89 PtCo (iii) Oil & grease < ppm (iv) ph (v) Zinc ppm (vi) Hexavalent Chromium < ppm (vii) Nickel <2 Nil ppm (viii) Cobalt < ppm (ix) Conductivity 3,500 2,020 µs/cm (x) COD 1, ppm (xi) Sulphate 1, ppm (xii) Chloride 1, ppm (xiii) Sodium ppm (xiv) Total suspended solids < ppm (xv) Iron < ppm (xvi) Nickel <2 - ppm (xvii) Reactive phosphorus < ppm 18

6 2.3.4 Noise The Environmental Protection (Environmental Standards for Noise) Regulations 1997 specify the noise exposure limits (NEL) at the noise sensitive receiver (NSR) applicable to different noise sources for different time periods are presented in Table 2.3. Table 2.3: Noise Exposure Limits Type of noise Time period Noise Exposure Limits (L eq ) Industrial noise 07:00 21:00 hrs 60 db(a) 21:00 07:00 hrs 55 db(a) 07:00 18:00 hrs 60 db(a) Neighbourhood noise 18:00 21:00 hrs 55 db(a) 21:00 07:00 hrs 50 db(a) Hazardous wastes The Local Government (Dumping and Waste Carriers) Regulations 2003 set out the requirements for transportation of waste and describes the types of wastes permitted to be handled at transfer stations and disposed of at the landfill in Mauritius. The Environmental Protection (Standards for Hazardous Wastes) Regulations 2001 sets out the requirements for the handling, management and disposal of hazardous wastes. It is stated under section 9 subsection 1 (a), that where a waste generator consignor delivers any hazardous waste to a contractor for the purpose of its treatment or disposal at the site approved by the enforcing agency, the waste consignor shall complete 6 copies of Part I of a consignment note in accordance with the Seventh Schedule and hand them over to the contractor carrier. The main types of hazardous wastes that can be generated from the dye house are listed in Table

7 Table 2.4: Types of hazardous wastes Waste stream Description of wastes 1. Textile wastes Wastes generated from processes 2. Use of dyes and pigments Aqueous washing liquids and dyeing liquors 3. Batteries Lead batteries, mercury dry cells, Ni-Cd batteries 20