Legal aspects Envi Management

Why Environmental Laws?

The basic intention is to provide a level playing field for industry so that it can contribute to a better quality of life without depleting resources or damaging the environment.

Attention to permitting systems. Evolving self-regulatory system. Monitoring compliance needs. To look for new trends & opportunities for maximizing compliance and its effectiveness. To help MoEF in meeting obligations under international agreements like Basel Convention, Montreal Protocol etc.

To achieve this, Industry need to set up a “Effective Compliance and Enforcement Program” incorporating following key elements-

Ministry of Environment and Forest (MOEF)

The specific objective of this ministry are To prepare environmental law & policies Pollution monitoring & control Survey & conservation of natural resources Mgmt of forests & conservation of wildlife Promotion of research environmental education, awareness &

information and International co-operation

MOEF

The central office of the Ministry of Environment & Forestry co-ordinates the activities of six regional offices established in southern, western, northern, central & north-eastern .

Besides these they give environmental guidelines for development projects like river valley projects, thermal projects, mining, shifting of Industry, ports & harbours, development of beaches, new towns, cantonments, roads, rail lines, airports, communication projects, & ecological fragile areas

State Pollution Control Boards

Apart from these regional offices every state has a pollution control board (PCB). Both at the central & regional level there is a separate division for environment impact assessment which plays an important role in approving the various projects.

Environmental Legislations Forest Act (1927) – This act stipulates that

no forest land or any portion thereof may be used for non forest purposes. It provides for the constitution of an advisory committee to advise on government on cutting the trees.

Environmental Legislations

Forest conservation act (1980) – this act has been passed to control,l deforestation which causes ecological imbalance & results in environmental degradation. It has provisions to put restrictions on the use of forests for non forest purpose.

Environmental Legislations

Wild life Protection Act (1972) – provides for the constitution of of the wild life advisory board, regulation of hunting of wild animals & birds, laying down procedures for declaring the areas as sanctuaries & national parks, regulation of trade in wild animals.

EnvironmentWater (protection & control of

pollution) act (1974) – provides for the establishments of central & state pollution control boards for the prevention & control of water pollution primarily through standards to be laid down by the boards & the consent orders issued by them.

Powers of the BoardsStiff penalties are imposed for

violation . Boards are given ample powers for investigating & inspection & to take samples & to establish labs for analyzing the samples.

Environment

Air (Protection & Control of pollution) Act (1981) – air pollution is to be controlled primarily through standards laid down by the Boards & the consent orders issued by them. For contravening the standards laid down by them the Boards & for the violating the provisions relating to the consent by the Board, stiff penalties have been provided.

Environment Protection Act 1986Environment Protection Act (1986) – provides for The major areas of environmental hazards not covered by

the previous laws Linkages in handling matters of industrial & environmental

safety & control mechanism to guard against the slow, insidious build up of hazards substances especially of new chemicals in the environment

An authority not only to co-ordinate the activities of the various regulatory agencies but to assume the lead role for studying, planning & implementing long term requirements of environmental safety & to give directions & to co-ordinate a system of speedy & adequate response to emergency situations threatening the environment.

Issues in command and control Approach

The pressures of environmentalists, NGO's & to some extent external donors.

Lack of co-ordination between various departments concern with environmental problems.

Limited powers given to the Ministry Resource constraints

Environmental awareness is the prerequisite for effective tackling of environmental degradation

Proper Environmental impact assessments should be insisted upon.

Market driven mechanism

Natural resources should be priced/regulated according to present & future scarcity conditions.

Environmental costs and benefits as well as depreciation of natural resources should be incorporated in the national accounting statistics.

A strong information base is required.

Role of NGOSThere are a number of NGO's who are working

actively in agriculture and natural resource management like Gram Gaurav Parishad & Vanrai in Maharashtra, Urmul Trust, Seva Mandir, Social Work & Work Research Centre (SWRC), Grameen Vigyan Vikas Samiti (GVVS), etc.

In Rajasthan, in combating industrial pollution, it is heartening to note that in Orissa a group of 21 NGO's joined together to establish the district action group (DAG).

Besides, NGO's are involved at policy-making & execution level though to a limited extent. Example Karnataka, West Bengal

Indian Environmental Regulations

• Public Liability Insurance (PLI) Act 1991, & rules thereunder

• Water (P & C P) Act, 1974, & rules thereunder.• Water (P & C P ) Cess Act, 1977, & rules thereunder.

• Air (P & C P) Act, 1981, & rules thereunder.• Environment (P ) Act,1986, & rules thereunder.

• The National Environment Tribunal Act, 1995

• Solid Wastes (Mgt. & Handling) Rules 2000.

Rules under E P Act,1986

• Hazardous Wastes (Mgt. & Handling) Rules 1989• Manufacture, Storage & Import of Haz. Chemicals (MSIHC) Rules 1989.

• Bio-Medical Waste (Mgt. & Handling) Rules 1998.

• ODS (Regulation and Control) Rules, 2000.

• Battery Wastes (Mgt. & Handling) Rules 2001.

• Noise Pollution (Regulation & Control) Rules, 2000.

• The Chemical Accidents (Emergency planning, preparedness, and response) Rules, 1996 (rules on emergency planning, preparedness and response for chemical accidents)

• Industrial siting guidelines

• Clean technology guidelines

• EMP guidelines etc.

• Coastal Regulation zone (CRZ) notification

• Environmental Statement (Audit) Report.

• EIA notification and Policy issues

Guidelines & Notifications:

— Securing Environmental Clearances (EC) for the projects listed in the schedule. (list of 30 industry type)

— Compliance to EIA notification, rapid & detailed EIA report submission. (EMP, DMP, Health surveillance issues etc.)

— Public Hearing as a part of EC. (involving public in decision making)

The Factories Act & Rules Motor Vehicles Act & Rules, The Petroleum Act & Rules, 1976 The Inflammable Substances Act, 1952 Import (Control) Act, 1947 Dock Workers (Safety, Health & Welfare) Act, 86. The Explosives Act & Rules Gas Cylinders Rules, 1981 Static and Mobile Pressure Vessel (unfired) Rules, 1981 Boiler Act etc.

Other Environment related regulations

ENVIRONMENTAL TREATIES Framework Convention

• Vienna Convention (Ozone Layer)

• Montreal Protocol (ODS)

• Basel Convention (trans boundary movement of Haz. Wastes)

• Convention on Biological Diversity• Convention on International Trade in Endangered Species• Convention on Conservation of Nature in the South Pacific• Draft Basel Rules of Procedure• 1994 Draft Declaration ... Human Rights and the Environment• Decisions Adopted by the Conference of the Parties to the Basel Convention• UN Law of the Sea Convention 1982• WRI- International Agreements and Conventions on Environment• UNFCCC- UN Framework Convention on Climate Change

Rio Declaration

• Multilateral Environmental Treaties• Environmental Treaties and Resource Indicators Service

Environment protection and sustainable development have been the cornerstones of the policies and procedures governing the industrial and the other developmental activities of any country all over the world.Every industrial activity has some impact on the environment. More frequently it is harmful to the environment than benign. Waste management rules are extremely complex, and the facility can be subjected to several sets of environmental regulations, on Central (Federal), State, and Local levels. Documentation and record keeping requirements have now become extensive.

It is a widely held belief in the industry that with such complexities, a diligent and well-trained inspector can find non-compliance issues at any facility, given sufficient time and effort.

Basic Requirements of the Water Act 1974

Preamble:An Act to provide for the prevention & Control of water pollution and the maintaining or restoring of wholesomeness of water bodies.

• Ground water

• River water

• Lakes

• Estuaries, creeks and sea water

• Water (P & C P) Act, 1974. It introduces mechanisms to prevent, Control and Abate Water Pollution.

Water EffluentsKey Laws governing the Water Emissions

• Water (P & C P) Cess Act, 1977. Puts restrictions on excess use of fresh water.

• Environment (P) Rules 1996, This set forth stds, requirements and prohibitions for emissions of environmental pollutants.

Sec. 20 : Power to the Board to obtain Information.

Sec. 21 : Power to take samples for legal purpose.

Sec. 23 : Power of entry and inspection.

Sec. 24 : Prohibition on use of stream or well for disposal of pollution matter etc.

Sec. 25 : Restrictions on New outlets and new discharges. ( C to E )

Sec.26 : Provision regarding existing discharge of IE ( C to O )

Sec.27 : Refusal or withdrawal of Consent

Sec.28 : Appeals Sec.29 : Revision

Sec.32 : Emergency measures in case of pollution of stream or well. Sec.32 : Emergency measures in case of pollution of stream or well.

Sec.33 : Make application to Courts for restraining apprehended pollution.Sec.33 : Make application to Courts for restraining apprehended pollution.

Sec. 33 A : Issuing directions of closures. Sec. 33 A : Issuing directions of closures.

Standards for Treatment and disposal of waste Waters

Waste type :

(I) Condenser Cooling

a) Once through cooling system.

b) Boiler blow downs/boiler feed.

c) Cooling tower blow down.

d) Ash pond Effluent. (Typical of power stations)

(II) Sewage and Trade effluent

Biodegradable and non biodegradable effluents (Wastewaters)

Monitoring of these parameters at a regular intervals is must to meet the compliance.

Disposal Standards

• Recycle & reuse of treated waste waters

• Disposal in sewers, stream or sea & deep sea

• Disposal on land for irrigation or gardening (or development of green belt)

Basic Requirements under Water ( P & C. P)Cess Act 1977

Salient Features

•Put curbs on water consumption

•Incentive taxation

•Encourages treatment of WW

•Encourages R & R of treated WW

•Levy based on water uses looking in to pollution potential (5 paise, 2 paise, 10 paise and 15 paise)

•Levy & Collection of Cess from industries & Local bodies

Statutory obligations & checklist• Submission of returns by Industry & Local bodies • Affixing of meters (Section 4)

• Meeting stds

• Claims for rebate & receipt thereof (Section 7)

• Levy based on water uses looking in to pollution potential

• Payment of Cess as per AO

• Appeal in case of disputes (Section 13)

Restrictions on fresh water uses: (rule 6)

For few category of the units Max quantity of water per ton of product produced is prescribed.For synthetic textile industries:

Nylon & Polyester : 170 M3/T of fibre produced

Viscose Rayon : 200 M3/T of fibre producedThese requirements are process requirements under cat 3 & 4 and Industries are required to abide by this

Basic Requirements of the Air Act 1981

Preamble:An Act to provide for the prevention, control & abatement of air pollution, and establishing Boards (or for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith).

• Air (P & C P) Act, 1981. It introduces mechanisms to prevent, Control and Abate Air Pollution and constitution of Central and State Boards.

Air EmissionsKey Laws governing the Air Emissions

• Environment (P) Rules, April 2, 1996, This set forth industry specific stds, requirements and prohibitions for emissions of environmental pollutants.

Few definitions

Air Pollutant :means any solid, liquid or gaseous substance (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. Air pollution: means the presence in the atmosphere of any air pollutant

Emission: means any solid or liquid or gaseous substance coming out of any chimney, duct or any other outlet.

Emission Emission StandardsStandardsStack emissions:

• Load based stds

• Concentration based

• Industry specific

Ambient emissions:

• Concentration based

• Area specific

National AAQ Standards (NAAQS)

Pollutant Time Conc.. In ambient air in Areas.

Weighted Ind.. Resid. Sensitive -----------------------------------------------------------------------------------

2 3 4 5 ===============================================SO2 AA 80 60 15

SO2 24 hours** 120 80 30

NOX AA 80 60 15 as NO2 24 Hrs. 120 80 30

SPM AA 360 140 70 24 Hrs. 120 200 100

RSPM AA 120 60 50 -----------------------------------------------------------------------------------

If the facility emits any of the following pollutants, the concentration of each pollutant shall be within the norms, as prescribed.

GENERAL EMISSION STANDARDS

1. Particulate matter 2. Total fluoride

3. Asbestos 4. Mercury 5. Chlorine

6. HCl vapour & mist, 7. Sulfuric acid mist

8. CO 9. Lead 10. HC 11. VOCs

to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise

The Noise Pollution (Regulation and Control) Rules, 2000 the 14 February, 2000

"authority" means any authority or officer be, authorized by the Central or the State Government, in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the AAQ standards in respect of noise under any law for the time being in force;

Definitions

Maharashtra Govt. has authorized/designated DSPs as the implementing authority of the rules along-with SPCBs to control pollution.

Noise Limits

Noise limits in dB(A)

Category of area day time Night time

Industrial 75 70

Commercial 65 55

Residential 55 45

Silence zone 50 40

Note 1: day time is B/W 6 am to 9 pm

Note 2: night time is B/W 9 pm to 6 am.

Note 3: silence zone is defined as areas upto 100 meters from the hospitals, courts, educational institutions etc.

Note 4: Mixed categories of the areas should be declared by the competent authorities.

Noise limits Continued….

Environment Environment (Protection) (Protection) Act, 1986 Act, 1986

Salient FeaturesSalient Features

Covers basically previously unregulated areas:

• hazardous waste handling (HWM , biomed, ODS & Battery

rules, ) • manuf & transport of toxic chemicals (MHISC rules)

• noise pollution (through separate rules)

• public liability (through separate regulation)

• vehicular emissions (through amendment to air act, fixing stds)

• discharge of pollutants to air, land & water

• umbrella legislation designed to coordinate environmental activities.

Important FeaturesImportant Features

Sec.3 Power of MoEF to take measures to protect & improve environment

Sec.5 Power to give directions (also with DOE & SPCB)

Sec.6 Rules to regulate environmental pollution in respect of matters referred in Sec. 3 (stds of quality of air, water,

soil, noise,HW, Solid wastes etc.)

Sec.19 Establishes authority & guidelines for citizens suits against polluters. (PLl)

Sec.8 Compliance to procedural safeguards for (rule 13) handling of hazardous substances

Sec.15 Penal provisions (offences by companies)

Public Liability Insurance Act, 1991.

Preamble:

Provides for public liability Insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance & for matters connected therewith or incidental thereto.

Collector is the authority to make an award determining the amount of payment of relief to the affected person/s. Opportunity of being heard to both the parties is a prerequisite.

Extent of liability: Rs. 5 crores under an award to several claimants arising out of an accident and in case of more than one accident, max Rs. 15 crores.

• Offender is punished by way of huge fine or imprisonment.

• This policy is for business connected with the handling of notified hazardous substances.• Any person or business handling hazardous substances is required to take the Insurance.

• The Insurance cover is compulsory.

Important FeaturesImportant Features

List of chemicals requiring PLIList of 179 Hazardous substances divided in following groups:

Group 1 : Toxic substances (99 chemicals)

Group 2 : Toxic substances (25 chemicals)

Group 3 : Highly Reactive Substances

(25 chemicals)

Group 4 : Explosive Substances (30 chemicals)

Group 5 : Flammable Substances (based on flash points)

• Figures of product manuf, water uses, WW

discharges match with consented figures (often reference to old consent needed)• Installs/runs the treatment facility to meet stds.

• Installs & runs the disposal facility & meets

stds. (values & designated mode)

Whether the industry is law abiding:

• Meets monitoring conditions (establishing Env. Cell, frequency, parameters, proper sampling, MINAS, CAP etc.)

• Develops green belt in accordance with the condition of consent (33% of the land use) • Submits report to SPCB/Govt. as per stipulations.

• Past record of Legal notices if any. (habitual defaulter, refusal, withdrawl, suspension of consent, Pendency of law suits in the court of law. )

• Meets other conditions of consent (relating to compliance to other acts, rules etc.)

HWM RULES - IN NUTSHELL

1.0 Definitions

2.0 Definition of HW modified

3.0 New Schedule_I & II and Schedule_III- Part A & B introduced

4.0 Additional sub-rules inserted

5.0 Additional forms inserted - now 13 forms

6.0 Provisions for identification / developments of site elaborately defined/introduced7.0 Import/export Policy defined/introduced

- New Schedule - IV inserted.

8.0 Illegal traffic defined/procedure introduced

MSIHC Rules_ Salient FeaturesThe principal objective is -

• prevention of major accidents arising from industrial activities,

• the limitation of the effects of such accidents both on man and on the environment and• the harmonization of various control measures and agencies to prevent and limit major accidents.

Important Features

• Regulates Manufacture, Storage and Import of Hazardous Chemicals

The concerned Authority shall -

• inspect the industrial activity at least once in a calendar year (mandatory frequency of compliance)

• perform the duties specified in column 3 of Schedule 5.

• submit annually report on the compliance of the rules by the occupiers to the MoEF.

• The storage of hazardous chemicals not associated with a process is regulated.

Safety reports

Occupier to start any industrial activity after a safety report is prepared and submitted to the concerned authority at least 90 days before commencing that activity. For existing activity, he shall prepare a safety report & submit the same within 1 year from the date of commencement of the MSIHC (Amendment) Rules, 1994, to the concerned Authority.

Occupiers shall carry out an independent safety audit with the help of an expert, not associated with such industrial activities & forward a copy with his comments within 30 days to that authority.

He shall update safety audit report once a year by conducting a fresh safety audit

Preparation of on-site emergency plan by the occupier

Prepare On-site emergency plan (EP) containing details specified in Schedule 11

1. for a new industrial activity, before that activity is commenced;

2. for an existing industrial activity within 90 days of coming into operation of these rules

The plan shall takes into account any modification made in the industrial activity

Occupier shall ensure that a mock drill of the on-site EP is conducted every six months;