REGULATIONS FOR ENVIRONMENTAL MANAGEMENT
WATER (PREVENTION & CONTROL OF POLLUTION) ACT– 1974
1.0 INTRODUCTION: The process of population explosion, heavy industrialization and growing urbanization has succeeded in creating acute problems of environmental pollution. The Indian economy has grown at a rapid pace during the 1980’s with heavy and chemical industries serving as a driving force. At the same time we have seen our natural environment being damaged by extensive pollution. Laws, in this regard are one of the vital tools for prevention and control of pollution by proper administration and checks.
There is increased awareness that effective environmental protection and control involves more stringent and result oriented statutes. Prior to specific Environmental Legislations, the provisions were scattered in various state and central laws, which were totally inadequate and did not play significant role in protecting environment.
Foremost and the oldest ‘Act’ on the statute book on control of water pollution is “The Shore Nuisance (Bombay & Colaba) Act, 1853” followed by Oriental Gas Company Act, 1887. the fundamental principles of Environmental protection can be seen in the 130 years old Indian Penal Code.
Maharashtra being the most industrialized State in the country, felt the need to control and prevent pollution of river. In the year 1962, an expert committee was constituted to look in the aspects of discharge of trade effluent and municipal sewage. In the year 1969, a comprehensive legislation ‘Maharashtra Prevention of Water Pollution Act, 1969’ was enacted and the Maharashtra Prevention of Water Pollution Board was constituted in the year 1970.
At the close of 1970s, rapid growth environmental consciousness, the world over, ushered in a serious of new central laws and institutions designed to restore and maintain the quality of our environment, through comprehensive regulation of air and water pollutants. In the mid 1980s, a new strategy was added to improve the effectiveness of existing laws by way of amendments and strict enforcement of statutes and regulatory standards.
2. CONSTITUTIIONAL FRAMEWORK: Several constitutional provisions from the basis for central and state authority in environmental law. In the Constitution of India, specific provisions for the protection of environment have been incorporated by the Constitution (42nd Amendment) Act, 1976. Now it is obligatory both for the State and the citizens to protect and improve the environment and to safeguard and forests and wildlife of the country.
Article 246 of the Constitution of India deals with subject matter of laws made by parliament and the legislature of States. The terms ‘Environment’ and ‘Pollution’ are not defined in the Constitution. There is no mention of these two terms in the Central list, State list and the concurrent list. The subject of water pollution is covered in the State list and generally speaking the environment legislative powers are available under all the three lists.
3. LEGISLATIVE DEVELOPMENT: For effective management of Environment, Pollution Prevention Laws were enacted, reviewed, systematized and strengthened form time to time by the Indian Parliament. The major legislative measures brought about in India are:
Water (Prevention and Control of Pollution) Act, 1974.
(Amended in 1978 and 1988)
Water (Prevention and Control of Pollution) Cess Act, 1973.
(Amended in 1991).
Air (Prevention and Control of Pollution) Act, 1981.
(Amended in 1987).
Environment (Protection) Act, 1986.
Major Sets of Rules/Notifications
Manufacture Storage and Import of Hazardous chemical Rules, 1989
(Effective from 27th November 1989) (Amended in January 2000).
Hazardous Waste (Management & Handling) Rules, 1989
(Amended in January 2000)
Rules for the Manufacture, se, Import, Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells. (Effective from 5th December 1989).
Coastal Regulation Zone Notification of 1991.
Environment (Protection) Amended Rules, 1993.
Environment Statement (Audit)
Chemical Accidents (Emergency, Planning, Preparedness and Response) Rules, 1996.
Bio-Medical Waste (Management & Handling) Rules, 1998.
National & State Coastal Zone Management Authority Order dated 26.11.1998.
Environment Impact Assessment Notification dated 27th January 1994.
(Amended on 4th May, 1994 and 10th April, 1997)
Public Liability Insurance Act, 1991.
Recycled Plastic Manufacture & Usage Rules, 1999.
Noise Pollution (Regulation & Control) Rules, 2000.
Ozone Depleting Substances (Regulation& Control) Rules, 2000.
Solid waste (Management & Handling) Rules, 2000.
SALIENT FEATURES OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AS AMENDED IN 1978 AND 1988.
Section 17: Empowers the Board to lay down Standards for sewage/trade effluent. Annexure – IV (pages 53 to 56)
Section 20: Empowers the Board to obtain information and give direction to furnish to it information regarding construction, installation or operation of such establishment or of any disposal system and such other particulars as may be prescribed.
Section 21: Empowers the Board to collect samples of Sewage/Trade effluent from
any industry.
Section 24: Prohibits the pollution of stream or well by disposal of polluting matter
etc.
Section 25
& 26: Consent of the Board for establishment/operation of any industry and for discharge of sewage/trade effluent into any stream or well or sewer or on land or into marine coastal areas to be obtained. Instructions issued by the Tamil Nadu Electricity Board and the list of industries for which the Tamil Nadu Electricity Board has to give power supply only after the industries produce consent to establish order issued by the Tamil Nadu Pollution Control Board is shown in Annexure V (Page 57)
Section 28: Provides for appeal against the orders of the Board under Section 25 or 26 or 27. Appeal has to be made to the appellate Authority, C/o. the Secretary to Government, Environment and Forests Department, Secretariat, Fort St. George , Chennai – 9. , within thirty days from the date of communication of the order. Annexure VI (Pages-58 to 59)
Section 30: Empowers the Board to carry out certain works when the concerned industry has failed to carryout the directions of the Board and to recover the cost from that industry.
Section 31: Requires furnishing of information to the Board about accidental discharge of poisonous, noxious or polluting matter.
Section 32: Empowers the Board to take action on the presence of noxious or polluting matter in any stream or well or sewer or land and issuing orders restraining or prohibiting the discharge of any such matter into any stream or well or sewer or on land or into marine coastal areas.
Section 33A: empowers the Board to issue direction for closure of the industry or for stoppage of electricity, water supply or any other service.
Section 43: Contravention of section 24 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 44: Contravention of Section 25 or Section 26 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 46: No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter, which an Appellate Authority constituted under the Water Act, is empowered to determine.
3. IMPORTANT SUPREME COURT AND HIGH COURT DECISION: WATER (P & CP) ACT, 1974:
The Water Act, 1974 and Air Act, 1981 centre on effective prevention and abatement of pollution. These statutes simulated the constitution of Central and State Pollution Control Board. Most of the State Government have developed independent Environment Departments and State Environment Councils. The Boards are required to perform various functions which include laying down standards, dissemination of information, research and development activities, regulation of pollutants through consent, inspection and monitoring, location, clearance, evolve economical methods for treatment and disposal, organizing training and to plan comprehensive programme for prevention, abatement and control of pollution.
4. NEW STRATEGIES FOR ENVIRONMENT COMPLIANCE:
4.1 CONSENT TO ESTABLISH AND OPERATE: Entrepreneurs/local bodies before taking steps to establish any industry, operation or process or outlet are required to obtain consent from the Board to establish; followed by consent to operate the activities. It places responsibility on the ‘PERSON’ to take effective steps for environmental protection before starting operational process. This new provision enables the enforcing agencies to consider and examine all factors such as location, probable pollutants, facilities proposed for treatment and disposal of pollutants and overall environment management system at the initial stage itself.
4.2 CENTRAL ACTION PLAN: As a part of monitoring ‘Highly Polluting Industries’. Certain industries (High Pollution Potential Industries) have been identified and an ‘A Central Action Plan’ is prepared by the Central Government and which is being implemented with the assistance of State Boards. The Board takes periodical review of compliance and action against willful defaulters.
4.3 CLEAN TECHNOLOGIES: There is a growing realization that many a times it is far cheaper to prevent pollution than to clean it up. Adoption of Cleaner technologies, minimization of waste generation, resource conservation are some of the new strategies adopted by the enforcing agencies. Fiscal incentives are provided under different taxing statutes.
4.4 ENVIRONMEMT STATEMENT (AUDIT): Introduction of self-assessment and monitoring by carrying regular Environmental Audits. The idea behind ‘Environmental Statement’ is to allow an ‘industry’ to take a comprehensive look at their industrial operations and facilities and also to focus on waste reduction, recycling and regeneration from waste and consequently saving input costs.
4.5 CONSENT SIMPLIFICATION: Simplification of ‘Consent’ procedure for low polluting Small Scale Industries – Some States including Maharashtra have introduced a scheme of simplified consent for S.S.I. Units having low pollution potential. One time Consent, without charging consent fee is granted to such industries. Similarly, the Central Pollution control Board has also issued directions to all State Boards to grant Consent to all industries (except 18 categories of Highly Pollution Industries) for a period of 15 years. These measures are taken in order to give more emphasis on monitoring rather than paper work.
4.6 STIFF PENALTIES AND CLOSURE: Directions have been issued to all State Boards to initiate legal action against willful defaulters including local bodies. Violators of environmental laws are learning that willful-defaulters will not only be prosecuted but disregard may cause significant harm including closure of their units. As a result increased penalties, both in terms of fines and imprisonment as well as closure of units most of the units are concluding that they cannot afford to ignore environmental consequences of their actions and are taking remedial measures.
4.7 PUBLIC AWARENESS AND PARTICIPATION: An important feature of these new and amended statutes was their strong emphasis on public participation. This has been achieved by providing for public involvement and by creating ‘right of action’ by individuals against polluters. An individual can file a criminal complaint against a polluter after giving sixty days notice to the authorities, under the environment legislations. The authorities are duty bound to provide necessary information/documents to the complainant. In response to these opportunities for participation, there has been a tremendous growth in the number of Non-Governmental Organizations. These organizations have developed their own expertise and have become actively involved in the development and implementation of environmental laws.
4.8 ENVIRONMENT IMPACT ASSESSMENT – CONCEPT OF PUBLIC HEARING: With the recent liberalization of industrial policy and series of economic reforms, it was necessary to bring major developmental projects within the purview of environmental impact assessment to achieve the goal of sustainable development. A Notification on E.I.A. of major projects was issued on 27th January 1994, which was subsequently amended, from time to time by Ministry of Environment and Forest, Government of India.
- Large projects involving hazardous operations having significant pollution potential are covered.
- Projects earmarked for S.S.I. sector having investment below 1 crore have been exempted.
- Site clearance will be considered for site-specific projects.
- Environmental appraisal of the projects within 90 days.
- Expert Committee will examine the projects.
- Public Hearing aspect has been introduced to encourage community participation and to highlight specific issues of local concern.
- Public Hearing will not be required in respect of SSI Units located in notified estates and units located in Export Processing Zone, Special Economic Zones.
- 30 types of projects come under the purview of the notification, which can be broadly divided, into two categories.
- Project where capital investment is more than 100 crores for new projects and more than 50 crores for expansion/modernization projects.
- Projects irrespective of investment involved.
Public participation in environmental assessment and public access to the results of such assessments and other environmental information (Right to Know) is an important component of this notification, which is a welcome step.
5. JUDICIAL PROCESS: The High Courts and Supreme Court of India are responsible to a large extent for adding both dignity and respectability to the environmental jurisprudence evolved in India so far. Environment could be protected and preserved due to timely intervention of the judiciary. Shifting of hazardous industries from residential areas in Delhi, ban on import of hazardous waste, directives to set up sewage treatment plants, regulating vehicular pollution, protection of coastal zone etc. are few examples of judicial activism.
6. DIFFICULTIES IN ENFORCING ENVIRONMENTAL LAWS:
6.1 SOME SUGGESTIONS: The Central and State Boards constituted under Water Act, 1974 and Air Act, 1981 were primarily responsible for prevention, control and abatement of pollution. However, the enforcement workload generated by the amendments as well as introduction of Environment (Protection) Act, 1986 and various rules made there under is enormous and is beyond the resources available at State level. Besides this, the explosion of environmental consciousness has put tremendous pressure on the enforcement agencies. It is high time to consolidate Environment programme under one agency giving more resources and infrastructure facilities.
Another aspect is to improve the ability of Government officials by imparting training and forcing them to acquire higher qualifications in environmental subjects. This will help the officials to update their knowledge, which can be utilized for evolving new and economical methods of treatment and disposal. It is one of the important functions of the State Boards to encourage, conduct and participate in investigation and research activities. However, in many Boards R&D Departments are not yet developed.
Environment (Protection) Act, 1986 envisages a Central authority for effective implementation of the Act. However, no separate authority is yet constituted. Powers and functions are entrusted to many authorities under different Sections of the Act, which creates confusion. For example the District Collectors have been empowered to file a criminal complaint against defaulters under the said Act. How many District Collectors are aware of this provision? It is therefore necessary to avoid multiplicity and constitute a single effective body for environment protection.
Today the focus of enforcing agencies is on regulating the flow of trade effluent (industrial effluent). While doing so, another major polluters i.e. local bodies (Municipal Councils & Corporation) are escaping and polluting the environment indiscriminately. Due to discharge of sewage without any treatment, the drinking water source is affected to a great extent resulting in severe public health problem. Similarly, ‘Municipal Solid Waste Management’ is an area where public participation and State Government’s assistance to Municipal bodies is required. Here corrective and remedial measures are required to be taken on war footing.
The last but not the least is the time consuming judicial process. The Courts are overburdened with cases and takes 4 to 5 years for deciding environment related cases. Many times during the pendency of the trial either the management is changed or some accuse leave the job or the industry takes remedial measures. Similarly the Board Offices are also transferred from one place to other. In short, environmental cases must be decided within a time bound period by introducing special procedure for disposal.
Common man having little knowledge of hazards of pollution needs to be educated. Environmental legislation will not sustain without active support of Society.
