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Guided by- Prof Arun Atrey Ar. Tulika Galani

Environmental Protection Act

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Page 1: Environmental Protection Act

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 2: Environmental Protection Act

• An Act to provide for the protection and improvement of environment.

• Whereas the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment.

• The Environment (Protection) Act 1986 was introduced after the Bhopal gas tragedy during Rajiv Gandhi was the Prime Minister of our country

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 3: Environmental Protection Act

OBJECTIVE

• Providing for the protection and improvement of the environment

• Preventing environmental pollution in all its forms

• To tackle specific environmental problems that are peculiar to different parts of the country

• To co-ordinate the activities of the various regulatory agencies already in existence

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 4: Environmental Protection Act

• To appoint environment officers to check environmental pollution

• To improve the quality of life by protection of environment

• Establishing environmental laboratories

• To protect the forests and wildlife in the country

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 5: Environmental Protection Act

CASE- DIRECTION UNDER SECTION 5 OF THE ENVIRONMENT (PROTECTION) ACT, 1986 IN CASE OF ILLEGAL STORAGE AND RECYCLING OF E-WASTE AND HAZARDOUS WASTES IN SEEMAPURI AND MANDOLI AREAS.

WHEREAS, the Central Government has notified the Hazardous Waste (Management, It Handling) Rules, 1989, and amendments, thereof under the Environment (Protection) Act. 1986, for proper handling and management of hazardous wastes. Now these Rules are referred as Hazardous Waste (Management, Handling and Transboundary Movement) Rules. 2008 (herein after referred as HWM Rules)

WHEREAS, the Central Government vide Notifications No. S.O. 157(E) of February 27. 1996 and S.O. 730 (E) dated July 10. 2002, has delegated the powers under Section 5 of the Environment (Protection) Act, 1986 (29 of 1986) to the Chairman, Central Pollution Control Board (herein after referred to as CPCB), to issue directions to any industry or any local or any other authority for the violation of the standards and rules, notified under the Environment (Protection) Act, 1986 and amendments thereof;

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 6: Environmental Protection Act

WHEREAS, as per Rule 5(2) of the HWM Rules, the hazardous waste shall be collected, treated, re-cycled, re-processed, stored or disposed of only in such facilities as may be authorized by the State Pollution Control Board for the purpose;

WHEREAS, the SPCBs and PCCs are empowered to stipulate standards for discharge of environmental pollutants for various categories of industries including e-waste dismantler/recycter units and hazardous waste recycling units, under the Environmental (Protection) Act, 1986 and rules framed there under; and

WHEREAS, CPCB has received complaints from local public and through CBINational Central Bureau India Interpol, New Delhi regarding illegal recycling of E- waste and hazardous wastes in Mandoli area; and

WHEREAS, the officials of CPCB carried out site inspections in Mandoli and Seemapuri areas wherein it was observed that unauthorized/illegal units are operating in Delhi border areas, some of which are involved in collection, storage and recycling of hazardous wastes such as used battery waste, insulated wires and components of waste electrical and electronic assembles having potential for causing environmental pollution; and

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 7: Environmental Protection Act

WHEREAS, these units are operating illegally without obtaining authorization and consent form Delhi Pollution Control Committee Board as required under HWM Rules, Water Act, 1974 and Air Act., 1981; and

WHEREAS, the DPCC is required to ensure that no collection, storage, dismantling/recycling of e-waste and lead scrap be carried out as per the provisions under sub rule (5) and (8) of HWM Rules, 2008; and

WHEREAS, there has been potential health and environmental risks to workers involved in such recycling operations; and WHEREAS, there has been potential health and environmental risks to workers involved in such recycling operations

Guided by- Prof Arun Atrey Ar. Tulika Galani

Page 8: Environmental Protection Act

JUDGEMENT

Now, THEREFORE, in exercise of the powers vested under the Section 5 of the Environment (Protection) Act, 1986, directions are hereby issued to you to ensure immediate closure of all illegal and unauthorized collection, storage and recycling units operating in Seemapuri and Mandoli areas. Such units shall not be permitted to operate unless they comply with the provisions of HWM Rules. The action taken report shall be submitted to the Central Pollution Control Board within 15 days from the date of receipt of these directions.

Guided by- Prof Arun Atrey Ar. Tulika Galani