Environmental Management > Chapter- 2> Topic -Environmental Important Regulation > Subtopic - Air ,Water ,Environment protection Act, Public liability act
The Water (Prevention and control of Pollution) Act,1974,The Water (Prevention & Control of Pollution) Rules,1975,Air (Prevention and Control of Pollution) Act 1981,Public Liability Insurance Act,1991,Roles of State Pollution control board under Water Act and Air Act
The Water (Prevention and control of Pollution)
Act,1974
The problem of
pollution of rivers and streams bas assumed considerable importance and urgency
in the recent years as result of growth of industries and increasing tendency
of urbanization. It is, therefore, essential to ensure that the domestic and
industrial effluents are not allowed to be discharged into the water courses
without adequate treatment as such discharges would render the water as
unsuitable as source of drinking water as well as for supporting the fish life
and for use in irrigation. Pollution of rivers and streams also causes
increasing damage to the country's economy.
The Water (Prevention
and control of Pollution) Act, 1974 was enacted to provide for prevention and
control of water pollution and maintaining or restoring the wholesomeness of
water and for the establishment of Boards for the prevention, abatement, and
control of water pollution and for conferring on and assigning to such Boards
powers and functions relating to it.
Objective of the
Act –
·
To
provide for prevention, control, and abatement of water pollution
·
For
maintenance or restoration of the wholesomeness of water.
·
For
the establishment of pollution control water boards.
·
To
assess pollution levels and punish polluters.
Some Important
definitions- ( Section-2)
Pollution- Contamination of water or such alteration of the
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 water harmful or injurious to public health or safety
including industrial, agricultural or to the life and health of animals or
plants or of aquatic organisms.
Sewage effluent- It means effluent from any sewerage system or sewage
disposal works and includes sullage from open drains.
Sewer – Sewer means any conduit pipe or channel, open or closed, carrying sewage or trade effluent.
Stream- It includes river, water course (whether flowing or
for the time being dry), inland water (whether natural or artificial),
sub-terranean waters, sea, or tidal waters to such extent or, as the State
Government may, by notification in the Official Gazette, specify in this
behalf.
Trade effluent- It includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry, operation or process, or treatment and disposal system], other than domestic sewage.
Main Sections of
the Act –
1) Definition (Section-2)
2) Constitution of Central and State Boards (Section-3
and Section-4)
3) Functions of Central Board (Section-16)
4) Functions of State Boards (Section-17)
5) Power to obtain relevant Information (Section-20)
6) Power to take samples of effluents for the purpose of
analysis
(Section-21)
7) Power of Entry and inspection (Section-23)
8) Prohibition on use of stream or well for disposal of
polluting matter (Section-24)
9) Restrictions on the new outlets and new discharges (Section-25)
10) Refusal
or withdrawal of consent by state board (Section-27)
11) Furnishing
of information to state board and other agencies in certain cases (Section-31)
12) Emergency
Measures (Section-32)
13) Offences
and penalties
14) Penalty
for contravention of the provisions of the act and the rules, orders, and
directions
15) Offences
by company (Section-47)
16) Offences by government departments (Section-48)
Structure of the members of the Central and State Board –
1
Chairman
5
officials
3
non officials
2
persons to represent companies
1
secretary
Functions of
Central Board (Section 16):
1) Advise the Central Government on any matter concerning
the prevention and control of water pollution.
2) Coordinate the activities of the State Boards and
resolve disputes among them.
3) provide technical assistance and guidance to the State
Boards, carry out and sponsor investigations and research relating to problems
of water pollution and prevention, control or abatement of water pollution.
4) Plan and organize the training of persons engaged or
to be engaged in for the prevention, control, or abatement of water pollution
on such terms and conditions as the Central Board may specify.
5) Organize through mass media a comprehensive program
regarding the prevention and control of water pollution.
Functions of State
Board (Section 17)-
2) To advise the State Government on matters relating to
prevention and controlling water pollution.
3) Collaborating with the central board to train persons
employed or to be employed in preventing, controlling water pollution.
4) To lay down, modify the effluent standards of sewage
and trade effluents and for the quality of receiving water resulting from the
discharge of effluents and to classify waters of the state.
5) To evolve methods of utilizing the sewage and suitable
trade effluents in agriculture.
6) The state Board has the authority to set up
laboratories to enable the board to perform its function efficiently, including
collecting samples of water from any stream or sewage or trade effluents.
The main object of the
Water (Prevention and Control of Pollution) Act,1974 is the prevention and
control of water pollution including the restoration of the quality of water.
The Act has vested enough powers to the State Pollution Control Boards. It
prohibits persons from discharging any poisonous, noxious or pollutants into a
stream or well or sewer or on land beyond the permissible limits laid down by
the State Pollution Control Board (SPCB). The said Act also prohibits any
person to establish or take any steps to establish any industry, operation
or process or any treatment and disposal system, without the previous consent
of the SPCB to discharge sewage or trade effluent into a stream or well or
sewer or on land. The SPCB or any officer empowered by it has the power to
take, for the purpose of analysis, samples of water from stream or well or
sample of any sewage or trade effluent from any plant or vessel. The authorized
person also has been given the right of entry and inspection of any place in
the plant. The Act has provided for penalties for various kinds of offences.
The Water (Prevention
& Control of Pollution) Rules,1975
The state Government
after constitution with state board from the rules”
Important Features –
Consent for establishing or taking any step for establishment of Industry
operation forces or any treatment disposal system for discharge shall be obtained.
Additional Information
to be supplied along with consent of application
The MPCB norms of
effluent discharge for chemical Industries are –
|
Sr. No. |
Parameters |
Concentration not to Exceed |
|
1 |
PH |
5.5-9.0 |
|
2 |
Suspended solids |
<100 mg/l |
|
3 |
COD |
<250 mg/l |
|
4 |
BOD |
<100 mg/l |
|
5 |
Oil & Grease |
<100 mg/l |
|
6 |
Phenolic Compounds |
<100 mg/l |
Air (Prevention
and Control of Pollution) Act 1981:
This is the Act that provide for the
prevention, control, and abatement of air pollution, for the establishment,
with a view to carrying out these purposes, of Boards, for conferring on and
assigning to such Boards powers and functions relating thereto and for matters
connect therewith.
Objectives:
• To provide for the
prevention, control, and abatement of air pollution.
• To provide for the
establishment of central and State Boards with a view to implement the Act.
• To confer on the
Boards the powers to implement the provisions of the Act and assign to the
Boards functions relating to pollution.
• The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole of India.
Salient Features-
• The Air Act consists
of 54 sections that aims to define the terms associated with air pollution and
related aspects.
• Person Whoever
contravenes any of the provision of the Act or any order or direction issued is
punishable with imprisonment for a term which may extend to three months or
with a fine of Rs. 10,000 or with both, and in case of continuing offence with
an additional fine which may extend to Rs 5,000 for every day during which such
contravention continues after conviction for the first contravention.
Functions of the
Central Board- The main
functions of the Central Board shall be to improve the quality of air and to
prevent, control or abate air pollution in the country. These are:
• To advise the Central
Government on any matter concerning the improvement of the quality of air and
the prevention, control or abatement of air pollution.
• To plan and cause to
be executed a nation-wide program for the prevention, control or abatement of
air pollution.
• To co-ordinate the
activities of the State and resolve disputes among them.
• To 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.
Functions of the
State Board- The function of
any State Board may be specified that are as follows-
• To plan a
comprehensive program for the prevention, control, or abatement of air
pollution and to secure the execution thereof.
• To advise the State
Government on any matter concerning the prevention, control, or abatement of
air pollution.
• To collect and
disseminate information relating to air pollution.
• To collaborate with
the Central Board in organizing the training of persons engaged or to be
engaged in program relating to prevention, control, or abatement of air
pollution and to organize mass-education program relating thereto.
• To inspect air
pollution control areas at such intervals as it may think necessary, assess the
quality of air therein and take steps for the prevention, control, or abatement
of air pollution in such areas.
The Environment
(Protection) Act, 1986:
The Environment
(Protection) Act was enacted in the United Nations Conference on Human
Environment (UNCHE), in Stockholm in June 1972. It consists of 26 sections.
Section 2 provides the definition of environment, environmental pollutants, and
environmental pollution. Section 3-6 deals with general powers of central to
take measures to protect environment. Section 7-21 deals with prevention,
control and abatement of environmental pollution.
Objectives-
• An Act to provide for the protection and
improvement of environment and for matters connected therewith.
• It extends to the whole of India.
Salient Features-
• The Environment (Protection) Act, 1986
authorizes the central government to protect and improve environmental quality,
control and reduce pollution from all sources, and prohibit or restrict the
setting and /or operation of any industrial facility on environmental grounds.
• It empowers the Central Government to
establish authorities charged with the mandate of preventing environmental
pollution in all its forms and to tackle specific environmental problems that
are peculiar to different parts of the country.
• The Act was last amended in 1991.
• The Environment (Protection) Rules lay
down procedures for setting standards of emission or discharge of environmental
pollutants.
• The objective of Hazardous Waste
(Management and Handling) Rules, 1989 is to control the generation, collection,
treatment, import, storage, and handling of hazardous waste.
• The Manufacture, Storage, and Import of
Hazardous Rules define the terms used in this context, and sets up an authority
to inspect, once a year, the industrial activity connected with hazardous
chemicals and isolated storage facilities.
• The Manufacture, Use, Import, Export,
and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or
Cells Rules,1989 were introduced with a view to protect the environment,
nature, and health, in connection with the application of gene technology and
micro-organisms.
• Whoever fails to comply with or contravenes any of the provisions of this Act, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during that period.
Important Definitions-
Environment- Environment it includes water, air, and land and the
inter relationship which exists between water, air and land and human being,
other living creatures, plants, microorganisms, and property.
Environment
pollutant- It means any solid, liquid,
or gaseous substance present in such concentration as may be injurious to
environment pollutant.
Hazardous
substance- It means any substance
or preparation which, by reason of its chemical or physio-chemical properties
or handling, is liable to cause harm to human beings, other living creatures,
plant, micro-organism, property, or the environment.
Environment
pollution- It means the presence
of any environmental pollutant in the environment. It includes all extraneous
materials that are harmful to human being, animals, and plants life.
·
Combustion
·
Construction
·
Mining
·
Agriculture
·
Chemical
plants
·
Coal-fired power
plants
·
Oil
refineries
·
Petrochemical plants, nuclear
waste
·
Large
livestock farms (dairy cows, pigs, poultry, etc.)
·
PVC factories
·
Plastics
factories and other heavy industry are increasingly significant in the
pollution equation.
Main Provisions of
Environment (Protection) Act, 1986
·
Power
of Central Govt. to take measures to protect and improve environment
(Section-3)
·
Appointment
of officers and their powers and functions (Section-4)
·
Power to
give directions (Section-5)
·
Rules
to regulate environmental pollution (Section-6)
·
Prohibition
on emission or discharge of pollutants in excess of standards (Section-7)
·
Persons
handling hazardous substances to comply with procedural safeguards. (Section-8)
·
Furnishing
of Information to Authorities and agencies in certain cases (Section-9)
·
Power
of Entry and Inspection (Section-10)
·
Power
to take samples (Section-11)
·
Environmental
Laboratories (Section-12)
·
Information
Reports or results (Section-20)
·
Bar of
Jurisdiction (Section-22)
·
Offences
and Penalties
In conclusion,
environment pollution is affecting not only individual but also entire countries
all over the world. The awareness towards improving the quality of environment
has increased substantially and all efforts are being made at different levels
to minimize environmental pollution and thus help in improving the quality of
life. Management of environment means the proper utilization, conservation
preservation, control, and recycling of the resources for maintaining a balanced
ecosystem. The focus of environment management is, thus, to avoid the over-use,
misuse, and abuse of the effective environmental management is the optimum
allocation of finite resources among the various possible uses and it has to be
based on scientific and technological approach which takes full note of
socioeconomic parameters and compulsions. Environmental management is an
interdisciplinary approach to resource conservation, and it acts as a
regulatory force on human wantonness in resource wasting. In India the Twelfth
Five Year Plan has emphasized the need for sound environmental management which
includes environmental planning, protection, monitoring, assessment, research, education,
and conservation as major guiding factors for national development.
Environmental pollution
is a world-wide phenomenon therefore, there is a need to have a coordinated
administrative structure from
international level to national levels so that the environmental problems may
be tackled in a coordinated and co-operative way. India is a soft State . It
has excellent environmental laws, but politics and/or corruption prevent their
effective implementation. The result has been disastrous for our environment
and hence for the economy too, as we are now seeing.
Public Liability
Insurance Act,1991
The Public Liability Insurance Act, 1991, the first of its nature in the
world, has been enacted for the purpose of providing immediate relief to the persons
affected by accident occurring while handling any hazardous substance and for
matters connected therewith or incidental thereto.
Objects of the Act-
The growth of hazardous
industries, processes and operations in India has been accompanied by the
growing risks from accidents, not only to the workmen employed in such
undertakings, but also to the innocent members of the public who may be in the
vicinity. Such accidents lead to death and injury to human beings and other
living beings and damage private and public properties. Very often, the
majority of the people affected are from the economically weaker sections and
suffer great hardships because of delayed relief and compensation. While
workers and employees of hazardous installations are protected under the
Workmen Compensation Act and Employees State Insurance Act, members of the
public are not assured of any relief except through long legal processes.
Industrial units seldom have the willingness to readily compensate the victims
of accidents and the only remedy now available for the victims is to go through
prolonged litigation in a Court of Law. Some units may not have the financial resources
to provide even minimum relief. Considering that majority of the affected
people generally belong to weaker section of the society who have limited
resources available to go through the legal proceeding, the Act provided for
Mandatory Public Liability Insurance for installations handling hazardous
substances to provide minimum relief to the victims. Such an insurance apart
from safeguarding the interests of the victims of accidents was also intended provide
cover and enable the industry to discharge its liability to settle large claims
arising out of major accidents.
Main Provisions In
the Act-
1) Liability to give relief on principle of no fault
2) Duty of the owner to take out Insurance policy
3) Renewal of Policy
4) Policy Amount
5) Verification and Publication of accident by collector
6) Application for award of relief
7) Environment Fund
8) Power of Central Government or authorized person
The Public Liability
Insurance Act, 1991 was enacted to provide immediate relief to the persons
affected by accident occurring while handling any hazardous substance.
Main provisions of
the Act are –
·
The
owner shall be liable to give relief to the persons affected by the accident
occurring while handling hazardous substance.
·
The
owner shall take out an insurance policy before handling any hazardous
substance.
·
The
owner shall ensure that the policy is renewed before its expiry.
·
Policy
amount shall not less than amount of paid-up capital of the undertaking and not
more than Rs. 50 crores as may be prescribed.
·
The
application for claim of relief shall be made by the affected person or his
legal representative to the collector within five years.
·
The
Central Government shall establish an Environmental Relief Fund.
·
The
Central Government or any person authorized by the Government shall have the
·
right
to call the information
·
power
of entry and inspection
·
power
of search and inspection
·
power
to give directions
WATER (PREVENTION AND CONTROL OF POLLUTION)
CESS RULES, 1977
Established by
Parliament in 1977 (amended in 1991) Water Pollution Cess Act, 1977 According
to this Act, anyone consuming water has to pay certain amount of cess depending
on:
1. Whether the industry
is using water for industrial cooling, spraying in mine pits or boilers feed,
2. For domestic
purposes
3. In processing,
whereby water gets polluted, and pollutants are easily biodegradable.
4. In processing
whereby water gets polluted, and the pollutants are not easily bio-degradable
and are toxic.
Those industries that
had installed a suitable treatment plant for the treatment of industrial
effluents can get a rebate of 70 per cent on the cess payable.
Main provisions of the Water
(Prevention & Control of Pollution) Cess Rules ,1977
Section 2 :
Section 2 of the Act
defines:
(a) ‘’Local authorities’’ to mean any municipal corporation or a municipal council or a cantonment board or any other body, entrusted with the duty of supplying water under the law by or under which it is constituted.
(b) ‘’Industry’’ – to include any operation or
process, or treatment and disposal system, which consumes water or discharges
sewage effluent or trade effluent but
does not include any hydel power unit.
The Act provides that
the State Pollution Control Boards and Committees shall levy and collect Cess
from persons carrying on any industry and from all local authorities for the
purposes of and utilization under the Water (Prevention and Control of Pollution
) Act 1974.
The Cess shall be
assessed on the basis of water consumed by the person or local authority and
would also include supply of water.
It also prescribes for
higher rates of cess in the event of the assesse not meeting the standards
prescribed under the Environment Protection Act 1986 or with the provisions of
Section 25 of the Water (Prevention and Control of Pollution) Act 1974.
If a user liable to pay
cess is taking water from another person or authority which is also liable to
pay cess, then the end user will pay and the earlier users (suppliers in this
instant) shall not be liable to pay
Section 4:
Provides for the
affixing of Meters and prescribes that for measuring the quantity of water,
used by any person or any industry or by local authorities, the persons liable
to pay cess should install water meters of such standards and at such positions
as may be prescribed. If this is not done then the Central Government
(presently the duty of the State Boards) shall install the same and recover the
costs from the concerned industry or local authority.
Section 5:
Of the Act lays down
that every person liable to pay cess shall have to submit cess returns in the
proforma and periodicity as prescribed for this purpose. If the said cess
return is not submitted, then the Assessing authority shall send a notice
requiring the person concerned to submit the said returns before such dates as
may be prescribed for this purpose.
Section 6:
Under section-6, the
authority or the officer to whom the return has been furnished, shall after
making enquiry and satisfying himself that the particulars stated in the
returns are correct, assess the amount of cess
payable by the concerned person or industry or local authority and issue
necessary cess assessment orders.
Cess shall be collected
and remitted to the Central Government. Presently the Member Secretary, State
Pollution Control Board is the assessing and collecting authority.
Section 7:
Of the Act makes a
provision for a rebate of 25% of the cess payable, if the person or authority
liable to pay cess installs any plant for the treatment of effluents.
This rebate, however,
shall not be given if the person fails to comply with provisions of Water
(Prevention and Control of Pollution) Act 1974 or any of the standards
prescribed under the Environment Protection Act. Rebate shall also not be
provided if the person or local authority consumes water in excess of the
maximum quantity prescribed under the Water Cess Rules.
Section 9:
Under section-9, any
officer or authority of the state government, duly empowered on this behalf can
enter any premises or any industry at any reasonable time for carrying out the
functions as according to this Act including the testing of the correctness of
the meters affixed under section-4.
Section 10:
Under section-10, if
any person or authority fails to pay the amount of cess to the State
Government, within the date specified in the order, then they have to pay an
interest of two percent for every month or part of a month on the amount
payable by them to the State Government.
Section 11:
Section-11 prescribes
that if any person or industry or any local authority fails to pay the cess
arrears within the specified time, then a penalty not exceeding the amount of
cess in arrears can be imposed on the person, industry, or local authority by
the assessing authority after giving proper opportunity to be heard.
Section 12
Under section-12, any
amount due under this act, including any interest or penalty, under section-10
and 11, may be recovered by the Central Government from any person, or industry
or any local authority as arrear of land revenue.
Section 13:
Under section-13, any
person, industry or local authority, aggrieved by the order of assessment or
penalty shall have a right to make an appeal in such form and manner and within
such time as may be prescribed (30 days of receipt of order of assessment or penalty:
extendable by a maximum of 15 days at the discretion of the Appellate
authority).
Section 14:
Whoever furnishes any
return knowing or having reason to believe, the same to be false shall be
punishable with up to six months imprisonment or fine of 1000 Rs or with both.
The same penal provisions apply to persons evading or attempting to evade the
payment of cess.
Roles of State Pollution control board under Water Act and Air Act –
Role of SPCB in
Water Act –
1) To plan a comprehensive program for preventing and
controlling the pollution of the wells and streams in the state and to secure
its execution.
2) To advise the State Government on matters relating to
prevention and controlling water pollution.
3) Collaborating with the central board to train persons
employed or to be employed in preventing, controlling water pollution.
4) To lay down, modify the effluent standards of sewage
and trade effluents and for the quality of receiving water resulting from the
discharge of effluents and to classify waters of the state.
5) To evolve methods of utilizing the sewage and suitable
trade effluents in agriculture.
6) The state Board has the authority to set up
laboratories to enable the board to perform its function efficiently, including
collecting samples of water from any stream or sewage or trade effluents.
Role of SPCB in Air Act –
1) To plan a comprehensive program for the prevention, control,
or abatement of air pollution and to secure the execution thereof.
2) To advise the State Government on any matter
concerning the prevention, control, or abatement of air pollution.
3) To collect and disseminate information relating to air
pollution.
4) To collaborate with the Central Board in organizing
the training of persons engaged or to be engaged in program relating to
prevention, control, or abatement of air pollution and to organize
mass-education program relating thereto.
5) To inspect air pollution control areas at such
intervals as it may think necessary, assess the quality of air therein and take
steps for the prevention, control, or abatement of air pollution in such areas.
CPCB Website
Safety & Services Management by L.C.Jhamb ,Savitri Jhamb-Nirali Publication
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