4. Environmental Legislation. Mr. S. P. Deshmukh, Watumull Institute

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1 4. Environmental Legislation

2 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.

3 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

4 Ministry of Environment & Forest (MoEF) Organizational structure of MoEF

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8 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

9 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;

10 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;

11 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.

12 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.

13 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.

14 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

15 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)

16 Consent & Authorization Mechanism Consent:- 1. Consent to establish 2. Consent to Operate 3. Consent to Operate/ Renewal 4. Consent to Fee and Term

17 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.

18 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.

19 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

20 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

21 Some IMP terms and Definitions Environment includes water, air and land and the interrelationship 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 Mr. S. P. Deshmukh, means Watumull prescribed Institute by rules made under this Act

22 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;

23 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

24 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

25 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

26 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)

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28 Thank You