Which industry needs Consent/permission of MPCB?

Which industry needs Consent/permission of MPCB?
Which industry needs Consent/permission of MPCB?

India’s new Narendra Modi-led government is reviewing various environmental laws but the speed of the process and the cloud of secrecy around it has alarmed various environmental activists.

Any industry, operation or process or an extension and addition thereto, which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air pollution into the atmosphere will have to obtain consent of the State Pollution Control Board under the provisions of Water (P & CP) Act, 1974 and Air (P & CP) Act, 1981.

Similarly any industry / process generating, storing, transporting, disposing or handling hazardous waste as defined in schedule 1 and 2 of Hazardous waste (Handing and Management) Rules, 1989, as amended in 2000 are required to obtain authorization from MPC Board under the said rules.

The medical institutions generating biomedical waste as defined in Biomedical Waste (M & H) Rules, 1989 are required to obtain Authorisation under the said rules.

 

What are the functions of the state pollution control boards?

What are the functions of the state pollution control boards?
What are the functions of the state pollution control boards?

Following are the functions of the state pollution control boards – 

  • To advise the State Government on matter relating to pollution and on siting of industries
  • To plan programme for pollution control;
  • To collect and disseminate information;
  • To carry our inspection;
  • To lay down effluent and emission standards;
  • To issue consent to industries and other activities for compliance of prescribed emission and effluent standards.

The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] 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.

Environment Authorities :
In addition to Pollution Control Boards, 6 Environmental Authorities have been constituted under the Environment (Protection) Act 1986, including the National Environment Appellate Authority. These are :

  • The Central Ground Water Authority – Aqua Culture Authority
  • Dahanu Taluka Environment (Protection) Authority
  • Environment Pollution (Prevention & Control) Authority for National Capital Region of Delhi
  • Loss of Ecology (Prevention and Payment of Compensation) Authority for State of Tamil Nadu.
  • National Environment Appellate Authority,1997

What are functions of central pollution control board?

What are functions of central pollution control board?
What are functions of central pollution control board?

Following are the functions of central pollution control board – 

  • Advise the Central Government on matters relating to pollution;
  • Coordinate the activities of the State Boards;
  • Provide Technical assistance to the State Boards, carry out and sponsor investigations and research relating to control of pollution;
  • Plan and organize training of personnel;
  • Collect, compile and publish technical and statistical data, prepare manuals and code of conduct.
  • To lay down standards;
  • To plan nation wide programme for pollution control.
Environmental Protection Act, 1986 (E . P. A)
An Act to provide for the protection and improvement of environment and for matters connected there with.

WHEREAS the decisions where 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.

AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and prevention of hazards to human beings, other living creatures, plants and property;

What do you mean by ‘A’ Category and ‘B’ Category projects/ activities?

What do you mean by ‘A’ Category and ‘B’ Category projects/ activities?
What do you mean by ‘A’ Category and ‘B’ Category projects/ activities?

(i) All projects and activities are broadly categorized in to two categories – Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man made resources.
(ii) All projects or activities included as Category ‘A’ in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance   from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification.
All projects or activities included as Category ‘B’ in the Schedule, including expansion and modernization of existing projects or activities as specified in sub paragraph (ii) of paragraph 2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, but excluding those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification.  In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project.

What is environmental protection Act 1986?

What is environmental protection Act 1986?
What is environmental protection Act 1986?

An Act to provide for the protection and improvement of environment and for matters connected there with.

WHEREAS the decisions where 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.

AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and prevention of hazards to human beings, other living creatures, plants and property.

NOTIFICATION under Section 3(2) (v) of Environment (Protection) Act, 1986 and Rules 5 (3) (d) of Environment (Protection)Rules, 1986 Prohibiting Industries in Murud-janjira Area in the Raligarh District of Maharastra.

S.O.No.20 (E) – Whereas a notification under sub-rule (3) of the rule 5 of the Environment (Protection) Rules, 1986 inviting objecting against the imposition of prohibition on the location of all industries in Murud-Janjira area in Raigarh district of Maharastra was published vide No.S.O. 85 (E), dated the 7th September, 1988.

And Whereas all objections received have been duly considered by the Central Government.

Now, therefore, in exercise of the powers conferred by clause (d) of sub-rule (3) of Rule 5 of the said rules, the Central Government hereby prohibits location of all industries, carrying on of operations or processes in a belt of one kilometre from the high tide mark from the Revdanda Creek at 190 35″) upto Devgarh Point (near Shrivardhan) at 180 O’) as well as in one kilometre belt along the banks of the Rajpuri Creek upto Mhasia, except those industries, operations of precesses which are in connection with the promotion and development of Tourism and those thich are permitted by the Central Government after examining the environment impact.

What are the legislative reforms in national environment Policy 2006?

What are the legislative reforms in national environment Policy 2006?
What are the legislative reforms in national environment Policy 2006?

A judicious mix of civil and criminal processes and sanctions will be employed in the legal regime for enforcement, through a review of the existing legislation.

The policy calls for identification of the emerging areas for new legislation, due to better scientific understanding, economic and social development, and development of multilateral environmental regimes, in line with the National Environment Policy.

It also calls for review the body of existing legislation in order to develop synergies among relevant statutes and regulations.
National Environment Policy 2006 is a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51 A (g), (DPSP) strengthened by judicial interpretation of Article 21.

It is recognized that the maintenance of the Healthy environment is not the responsibility of the state alone. It is the responsibility of every Citizen and thus a spirit of partnership is to be realized through the environment Management of the country.

What are the requirements that are to be fulfilled under the E.P.A. by persons carrying on any industry, operation etc.?

What are the requirements that are to be fulfilled under the E.P.A. by persons carrying on any industry, operation etc.?
What are the requirements that are to be fulfilled under the E.P.A. by persons carrying on any industry, operation etc.?

According to Section 7, no person carrying on any indsutry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.

Critically polluted areas have been identified
The Central Pollution Control Board in consultation with State Pollution Control Boards has identified 24 areas in the country as critically polluted areas. These are: Bhadravati (Karnataka), Chembur (Maharashtra), Digboi (Assam), Govindgarh (Punjab), Greater Cochin (Kerala), Kala-Amb (Himachal Pradesh), Parwanoo (Himachal Pradesh), Korba (Madhya Pradesh), Manali (Tamil Nadu), North Arcot (Tamil Nadu), Pali (Rajasthan), Talcher (Orissa), Vapi (Gujarat), Visakhapatnam (Andhra Pradesh), Dhanbad (Bihar), Durgapur (West Bengal), Howrah (West Bengal), Jodhpur (Rajasthan), Nagda- Ratlam (Madhya Pradesh), Najafgarh Drain (Delhi), Patancheru Bollaram (Andhra Pradesh), Singrauli (Uttar Pradesh), Ankleshwar (Gujarat), Tarapur (Maharashtra)

What are the sources of fund for the Central and State Pollution Control Boards ?

What are the sources of fund for the Central and State Pollution Control Boards ?
What are the sources of fund for the Central and State Pollution Control Boards ?

The Central Pollution Control Board is fully funded by the Central Ministry of Environment & Forests. The State Pollution Control Boards receive funds from the concerned State Governments and from the Central Ministry of Environment & Forests through reimbursement of Water Cess (upto 80%) collected by the respective State Boards. In addition, the State Boards receive fees for processing for applications from the industries for issuing consent in regard to discharge of effluent and emissions.

Environmental Law is a complex combination of state, federal, and international treaty law pertaining to issues of concern to theenvironment and protecting natural resources.

National Environment Policy 2006 is a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51 A (g), (DPSP) strengthened by judicial interpretation of Article 21.

It is recognized that the maintenance of the Healthy environment is not the responsibility of the state alone. It is the responsibility of every Citizen and thus a spirit of partnership is to be realized through the environment Management of the country.

What are the programmes taken up for Industrial Pollution Control?

What are the programmes taken up for Industrial Pollution Control?
What are the programmes taken up for Industrial Pollution Control?

The programmes covering direct control of effluents/ emissions, and hazardous wastes from the industries taken up are as follows: Industrial Pollution Control along the river Ganga, Pollution Control in 17 Categories of major polluting industries, Industrial pollution control along the rivers and lakes, Pollution Control in Problem Areas, and Surprise inspection of polluting industries

Environmental Protection Act, 1986 (E . P. A)
An Act to provide for the protection and improvement of environment and for matters connected there with.

WHEREAS the decisions where 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.

AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and prevention of hazards to human beings, other living creatures, plants and property;

What is the legal liabilities in the National Environment Policy 2006?

What is the legal liabilities in the National Environment Policy 2006?
What is the legal liabilities in the National Environment Policy 2006?

The environmental redressal mechanism based on doctrines of criminal liability, have not proved sufficiently effective, and need to be supplemented. The policy adopts the civil liability for environmental damage that would deter environmentally harmful actions, and compensate the victims of environmental damage.

The alternatives to Civil Liability may also apply viz. Fault Based liability and Strict Liability.

  • In Fault Based Liability a party is held liable if it breaches a preexisting legal duty, for example, an environmental standard.
  • Strict liability imposes an obligation to compensate the victim for harm resulting from actions or failure to take action, which may not necessarily constitute a breach of any law or duty of care.

National Environment Policy 2006 is a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51 A (g), (DPSP) strengthened by judicial interpretation of Article 21.

It is recognized that the maintenance of the Healthy environment is not the responsibility of the state alone. It is the responsibility of every Citizen and thus a spirit of partnership is to be realized through the environment Management of the country