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ENVIRONMENTAL MONITORING OF

INDUSTRIAL UNITS

Ranjan Rai,

State Pollution Control Board,

Forests and Environment Department

CONSTITUTIONAL PROVISION

• Initially Constitution of India did not have any

provision for protection of environment

• Government of India, taking note of the

Stockholm Conference on Human

Environment in 1976, by the 42nd Constitution

Amendment, inserted two new articles: one

as a directive Principles of the State Policy and

second as a Fundamental Duty to preserve

and protect environment

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DIRECTIVE PRINCIPLES OF STATE

POLICY

Article 48A states

“ The State shall endeavor to protect and

improve the environment and to

safeguard the forests and wildlife of the

country”.

FUNDAMENTAL DUTY

Article 51(A)g states:

“It shall be the duty of every citizen of

India to protect and improve the natural

environment including forests, lakes,

rivers and wildlife and to have

compassion for living creatures”.

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�ARTICLE 21 GUARANTEES A FUNDAMENTAL RIGHT TO LIFE – a life of dignity to be lived in a proper environment, free of danger of disease and infection.

In M.C. Mehta vs. Union of India, AIR 1987 SC 1086(Popularly known as “Oleum Gas Leak Case”) – TheSupreme Court treated the right to live inpollution free environment as a part offundamental right to life under Art. 21 of theConstitution.

Further the A.P. High Court in T. Damodar Rao vs. S.O.,Municipal Corporation, Hyderabad, (AIR 1987 A.P. 171) laiddown that right to live in healthy environment wasspecially declared to be part of Art. 21 to the Constitution.

CONSTITUTION OF INDIA

LEGAL FRAME WORK

Legislative Provisions

• Indian Penal Code contains several provision,

which makes pollution a crime.

• Section 277 relate to water pollution

• Section 278 relate to air

• Section 426, 430, 431 and 432 deals with

general pollution

• Section 268 deals with public nuisance

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Constitution of the Board

Sikkim State Pollution Control Board wasconstituted under section 4 of

the Water (Prevention and Control ofPollution) Act 1974

vide Notification No. 30/Home/2008 dated19.03.2008 published in ExtraordinaryGazette number 14th July 2008.

SPCB is an Environmental Regulatory Body

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� Contravention of Environmental

Laws: a criminal offence

�Burden of proof

CHAIRMAN

MEMBER SECRETARY

TECHNICAL WING SCIENTIFIC WING ACCOUNTS &

ADMIN

ENVIRONMENTAL

ENGINEERSSCIENTISTS

LEGAL CELL

NATURE OF DUTY:

•Consent Management

•Vetting of DPR

•Field Inspections

•Evaluation of Pollution control

equipments/measures

•Evaluation of new pollution control technology.

•Evaluation of process design.

•Enforcement of Env. Laws.

•Ground work for formulation of environmental

policy.

NATURE OF DUTY:

•Consent Management

•Laboratory Work

•Field Visits

•Sample collection/ preparation.

•Monitoring of status of the Environment.

•Research and Development

•Ground work for formulation of environmental policy

•Analysis of pollutants.

Organisational Structure of SPCB

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• Planning a comprehensive programme for prevention, control or abatement of pollution in the state

• Advising the State Governments in formulating environmental improvement programmes

• Collection and dissemination of environmental information

• Lay down, modify or annul effluent or emission standards

• Encouraging and conducting environmental research activities

• Controlling and minimising pollution from point sources through implementation of statutes

• Surveillance on pollution sources to ensure regulatory compliance

• Restoration and improvement of environmental and ecological conditions

• Solving the problem of industrial sectors through negotiation, dialogue, technical assistance

• Redressing public grievances against specific environmental problems

• Training and generating awareness on environmental problems

Mandate of SPCB

1. The Water (Prevention and Control of Pollution) Act 1974

2. The Water (Prevention and Control of Pollution) Cess Act 1977

3. The Air (Prevention and Control of Pollution) Act 1981

4. The Environment (Protection) Act 1986

5. The Public Liability Insurance Act, 1991

6. The Water (Prevention and Control of Pollution) Rules 1975

7. The Water (Prevention and Control of Pollution) Cess 1978

8. The Air (Prevention and Control of Pollution) Rules 1982

9. The Environment (Protection) Rules, 1986

10. The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989

11. The Bio-medical Waste Management Rules 2016

12. The Solid Waste Management Rules, 2016

13. The Construction and Demolition Waste Management Rules, 2016

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

15. The Batteries (Management and Handling) Rules, 2001

16. The Hazardous & Other Wastes (Management and Transboundary Movement)

Rules 2016.

17. The Plastic Waste Management Rules, 2016

18. The e-Waste (Management) Rules 2016

19. The Public Liability Insurance Rules, 1991

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charge of the affairs of the company shall

PROVISIONS OF THE WATER (PREVENTION AND

CONTROL OF POLLUTION) ACT, 1974

Section 4 Constitution of SPCB

Section 17 Functions of the SPCB

Section 24 Prohibits the pollution of stream or well by disposal

of polluting matters etc.

Section 25&26: Consent of the Board for establishment/operation of any

industry, operation or process, or any treatment and

disposal system etc.

Section 32: Empowers the Board to take action on presence of

polluting matter in any stream or well etc. by issuing of

restraining orders

Section 33A: Empowers the Board to issue Directions for closure of any

industry etc.

Section 41 to 45A: Penalty for contraventions of the provisions of the Water

Act. (Maximum 7 years with fine)

Section 47: Offences by Companies [ In-charge of the affairs of the company shall

be liable for action]

Section 48: Offences by Government Departments [HOD shall be liable for action]

SALIENT PROVISIONS OF THE AIR (PREVENTION AND

CONTROL OF POLLUTION) ACT, 1981

Section 4: Constitution of SPCB

Section 17: Functions of the SPCB

Section 19: Power to declare air pollution control areas

Section 21: Consent of the Board for establishment/operation of any industry,

operation or process etc.

Section 22: Prohibits the emission of pollutants in excess of the standard laid

down etc.

Section 24: Power of Entry and inspection

Section 25: Power to obtain information

Section 26: Empowers the Board for collection of samples of air or emission

from any source.

Section 31A: Empowers the Board to issue Directions for closure of any

industry etc.

Section 37 to 39: Penalty for contraventions of the provisions of the Water Act.

[Maximum 7 years with fine]

Section 40: Offences by Companies [ In-charge of the affairs of the company

shall be liable for action]

Section 41: Offences by Government Departments [HOD shall be liable for

action]

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PREAMBLE

An act to provide for the protection andimprovement of environment and for mattersconnected therewith.

Definition: Environment includes water, air andland and the inter relationship which existsamong and between water, air and land andhuman beings, other living creatures, plants,micro-organisms and property.

THE ENVIRONMENT (PROTECTION) ACT, 1986

� Section 3: Power of the Central Govt. to take measures to protect and improve environment

[Constitution of Authority]

� Section 5. Power to give directions.

issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

� Section 6: Power to make Rules in respect to all the matters referred in Section 3

� Section 7: Regulation of industries for emission/discharge of pollutants

� Section 8. Persons handling hazardous substances to comply with procedural safeguards.

No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

� Section 10. Powers of entry and inspection.

� Section 11. Power to take samples

� Section 15. Penalty for contravention of the provisions of the Act and the rules, orders and directions.

Up to 5 years with fine which may extend to one lakh rupees, or with both,

Maximum 7 years.

� Section 16. Offences by Companies

� Section 17. Offences by Government Departments.

� Section 22. Bar of Jurisdiction [ No civil court shall have jurisdiction to entertain any suit or proceeding]

� Section 23. Power to Delegate

� Section 25. Power to make Rules

PROVISIONS OF THE ENVIRONMENT (PROTECTION) ACT, 1986

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SUBORDINATE LEGISLATION

UNDER EPA

THE ENVIRONMENT (PROTECTION)

RULES, 1986

• EPA prohibits the discharge or emission ofenvironmental pollutants in excess of the prescribedstandards. The standards are set out in the Scheduleappended to the EPR

• There are there type of standards:

(i) Source Standard (MINAS): to restrict at source the

emission and discharge of environmental pollutants. TheRule empowers the Central or State Pollution ControlBoards to specify more stringent standards from thoseprovided in Schedule I to IV in respect of any specificindustry, operation or process depending upon thequality of the recipient system, after recording reasons

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THE ENVIRONMENT (PROTECTION)

RULES, 1986

(ii) Product Standard: which fix the pollution

norms for new manufactured products

such as car, DG sets etc.

(iii) Ambient Standards- Ambient Air quality

Standard and Noise Std. etc.

THE MANUFACTURE STORAGE AND

IMPORT OF HAZARDOUS CHEMICALS

RULES, 1989• The Rule relate to accident prevention

and emergency preparedness in

industries handling hazardous chemicals

• The Rule defines hazardous chemicals

• Preparation of materials safety data

sheets is prescribed

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THE MANUFACTURE STORAGE AND

IMPORT OF HAZARDOUS CHEMICALS

RULES, 1989• There is provision for approval of sites where

hazardous chemicals are handled

• Preparation of on-site and off-site emergency

plans are prescribed

• The Rules provide for public information and

prescribes details to be specified by importers

of hazardous chemicals to authorities

THE HAZARDOUS & OTHER WASTES

(MANAGEMENT AND TRANSBOUNDARY

MOVEMENT) RULES, 2016

• The Rule provide for control of generation,

collection, treatment , transport and import of

hazardous wastes

• Storage and disposal of hazardous wastes

listed in the Schedule annexed to these Rules

• Regulatory quantities have been provided for

each type of wastes

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CHEMICAL ACCIDENT (EMERGENCY PLANNING,

PREPARATION AND RESPONSE) RULES, 1996

• This set of Rules provide a statutory back up of

a Crises Group in District and States which

have major accident hazard installations

(MHA) and providing information to the public

• Government of India is to constitute a Central

Crises Group for the management of chemical

accidents and set up an alert system

• Chief Secretaries of all states are to constitute astanding State Crises group to plan and respondto chemical accidents in the state. District CrisesGroup (DCG) and Local Crises Group (LCG) forevery industrial pocket in the district, constitutedby the District Collector.

• The central crises group will be the apex body inthe country to deal with and provide expertguidance for planning and handling of majorchemical accident in the country

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THE BIO-MEDICAL WASTE MANAGEMENT

RULES, 2019

• To regulate hospitals, clinics, veterinary

institutions and the other person generating

bio-hazard wastes

• The rules provides for granting authorization

and reporting system requiring Health Care

Facilities to segregate, and dispose of

designated categories of bio-medical waste in

the prescribed

SOLID WASTE MANAGEMENT RULES, 2016

• To regulate management of solid waste in

both Urban and Rural area. Solid waste are to

be collected, segregated and disposed off by

the Local bodies in accordance with the

procedure laid down by the rules.

• Criteria for segregation, operation and

monitoring of land fill sites.

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OZONE DEPLETING

SUBSTANCE(REGULATION AND CONTROL)

RULES, 2000• Covers various aspects of production, sale,

consumption, export and import of ODS

• The Rules prohibit the use of ODS in a phased manner

• The enterprises which have received financial assistance from multilateral fund for switch over to non-ODS technology have to register the date of completion and equipment used for non-ODS has been destroyed

THE NOISE POLLUTION (REGULATION

AND CONTROL )RULES, 2000

• To regulate an control noise producing

generating sources with the objective of

maintaining the ambient air quality standards

in respect of noise

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BATTERIES (MANAGEMENT AND

HANDLING) RULES, 2001

• The Rules place responsibilities on lead acid

battery manufacturers importers, assemblers,

reconditioners and consumers to ensure that the

number of new batteries collected is equal to the

number of new batteries sold.

• Various sections of the rules cover aspects as

recycling of batteries collection of used batteries

through designated collection centers, labeling of

recycled lead, auctioning of batteries, etc.

BATTERIES (MANAGEMENT AND

HANDLING) RULES, 2001

• Recycles of batteries allowed only with

recyclers registered with Ministry of

Environment and Forests

• Recycling units which are not able to get

Environment Sound Management Certification

may need to closed down or diversify to other

traders.

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THE PLASTIC WASTE MANAGEMENT

RULES, 2016

• Plastic wastes means any plastics product

such as carry bags, pouches or

multilayered packaging, which have been

discarded after use or after their

intended life is over

PRESCRIBED AUTHORITY

• Enforcement of the provisions of rules related

to authorization, manufacture, recycling and

disposal shall be by SPCB and PCC

• Enforcement of the provisions of rules

relating to the use, collection, segregation,

transportation, and disposal of post-consumer

plastic waste shall be by the concerned

municipal authority

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THE RULE DEALS WITH

• Conditions during the course of manufacture,

stocking, distribution, sale and use of carry

bags and sachets shall be as mentioned in

Rule 5 in conformity with Indian Standards

• Recycling, recovery or disposal of plastic waste

shall be carried out as per the rules, regulation

and standards stipulated by the Central

Government from time-to-time

MARKETING AND LABELING

• Name, registration number of the

manufacturer of carry bag or multilayered

packaging and also thickness in case of carry

bag in English or in local language

• Recycled carry bag shall bear a label or a mark

‘recycled and shall conform to the Indian

Standard: IS 14534

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REGISTRATION OF

MANUFACTURERS AND RECYCLERS

• Any person manufacturing or proposes to manufacture carry bags and multilayered plastics or any person recycling or proposing to recycle carry bag or multilayered plastics or any plastic waste shall apply to SPCB or PCC in Form I and Form 2 respectively

• SPCB/PCC shall take a decision within 90 days, and if granted shall be valid for 3 years, unless suspend or revoked or cancelled

Notification issued under the EPA,

1986

Environment Impact Assessment Notification, 2006 dated 14th September,2006.

It provides for mandatory EnvironmentalClearance from the concerned regulatoryauthority before initiation of any constructionactivities.

Category of Projects:

• MoEF for Category ‘A’ projects

• SEIAA for category ‘B’ projects,

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The Public Liability Insurance Act, 1991

Preamble

An Act to provide for PLI 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.

Salient features of the PLI Act, 1991• Section 3: Liability to Give relief in certain cases on principle of no fault

S/s (1) where death or injury to any person (other than a workman) or adamage to any property has resulted from an accident, the owner shall beliable to give such relief as is specified in schedule for such death, injury ordamage.

• Secton 4. Liability of Owner to take out insurance policies.

• S/s 2A: No insurance policy taken out by an owner shall be for a amountless than the amount of the paid-up capital of the undertaking handling anyhazardous substance and owned or controlled by that owner and more thanthe amount not exceeding fifty crore rupees, as may be prescribed.

• Section 7A: Establishment of Environmental Relief Fund.

• Section 10. Power of Entry and Inspection.

• Section 11: Power of Search and Seizure.

• Section 12: Power to give Direction.

• Section 14 &15: Penalty for Contravention.

• Section 16: Offences by Companies.

• Section 17: Offences by Government Departments

• Section 23: Power to make Rules

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Categorization

of

industries

The Final Report on Revised Categorization ofIndustrial sectors under RED, ORANGE, GREENAND WHITE Category has been brought out byCPCB.

The categorization was based on the range ofpollution index.

Pollution index= f(emissions, effluents, hazardouswastes generation and consumption ofresources).

[PI is a score from 0 to 100]

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Categories of industries

Industrial Sector having PI score of 60 & above RED

Industrial Sector having PI score of 41 to 59 ORANGE

Industrial Sector having PI score of 21 to 40 GREEN

Industrial Sector having PI score of incl. & upto 20 WHITE

Consent validity as per industrial Category-

SPCB-Sikkim

Category Validity [Proposed]

RED 2 YEARS

ORANGE 3YEARS

GREEN 5YEARS

WHITE Consent to Operate not required. An

intimation to SPCB is sufficient

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Few examples of industrial

Categorization

Sl.

No.

Type of Industry Category

1. Hydro Power Projects [ having≥25MW] RED

2. Distilleries RED

5. Pharmaceutical Formulation and R&D ORANGE

6. Fermentation industry including manufacture of

beer

ORANGE

7. Bakery/Confectionery/ Sweets product less

than1TPD

GREEN

8. Cardboard or corrugated box & paper product GREEN

9. Blending & Packing of Tea WHITE

10. Handloom/carpet weaving (without dying &

bleaching operation)

WHITE

� Environmental clearances• only applicable for specific activities mentioned in EIA notification, 2006

� Consent to Establish to be obtained

• before establishment of any new industry

• before expansion or modification of existing industrial process

• pollution abatement proposal should be sufficient for containment of

environmental pollution within permissible norms

� Consent to Operate to be obtained

• for operating any industrial unit

• to be renewed periodically

• normally granted after the unit complies with environmental norms

� Authorisation to be obtained

• for management and handling of Hazardous wastes

• for management and handling of Biomedical wastes

• for management and handling of other classified wastes

PERMIT REGIME

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Enforcement Mechanism

Policy Making Agency (MoEF)

State Govt.

Adoption of Acts

Monitoring Agency (CPCB)

Implementing Agency (SPCB)

Project End Project Approval

Consent to EstablishProject Completion

Detail Assessment

(Consent to Operate)

Project Continue

Monitoring Closure

Regulation

of Services

Conviction Court Public Suit

Non-

Compliance

Compliance

with Norms

Consent Management and Monitoring

mechanism • Consent is granted with conditions for environmental safeguard.

• Online Consent Management System

• Industry to adopt Best Available Technology [BAT] for pollution control

measures.

• Surprise inspection of industrial units by Board officials for securing

compliance.

• Collection of sample for analysis.

• CCTV surveillance of industrial premises [ discharge points]

• Monitoring through Online Continuous Effluent/emission monitoring system

• Third party monitoring of industrial units by engaging recognized lab.[quarterly

submission of monitoring reports]

• Compliance assessment through examination of documents viz. Annual

Environmental Statement under rule 14 of EPRs, Annual reports/returns under

various waste rules

• Locals are engaged as Pollution Wardens by SPCB-Sikkim

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THANK YOU