Lecture 3

Question 1

Pollution control acts and regulations of India

Answer 1

• In 1976, 42nd amendment to its constitution
• The Water (Prevention & Control of Pollution) Act, 1974, and its amendments
• The Water (Prevention & Control of Pollution) Cess Act, 1977 and its amendments
• The Air (Prevention & Control of Pollution) Act, 1981 and its amendments.
• The Environment (Protection) Act, 1986 and its amendments
  National Environmental Tribunal Act of 1995
  National Environmental Appellate Authority Act of 1997
• Hazardous Waste (Management and Handling) Rules, July 1989
• The Public Liability Insurance Act, 1991.
  The Public Liability Insurance Act 1991 has been included as the sixth environmental
  regulation

Question 2

1976 ,42nd constitution Amendment

Answer 2

first country in the world to do so.
* amendment / “endeavor to protect and improve the environment and to safeguard
the forests and wild life of the country”.
* imposes a duty on every Indian citizen “to protect and improve the natural environment
including forests, lakes, rivers, and wild life, and to have compassion for living creatures.”

Question 3

Environment Protection Act of 1986

Answer 3

Environment is that which includes the
“inter-relationship which exists among and between water, air, and land and human beings,
other living creatures, plants, micro-organism and property.”

Question 4

The Water (Prevention & Control of Pollution) Act, 1974

Answer 4

• established Central Pollution Board and a State Pollution Control Board.
• The board led to the prevention /control /water pollution / maintenance /
  restoring wholesomeness of water.
• Boards /power to govern all the pollution
  regulations passed since then and any future regulation.
• Pollution Boards headed by a Chairman and a few members who are all
  appointed.
• The members /appointed/ Boards /selected from / interest groups
  such as Corporations, Public Health Engineering, Agriculture, Forestry, Fishery, etc.

Question 5

The Water (Prevention & Control of Pollution) Act, 1974
Part 2

Answer 5

Boards advise /respective governments / matter/prevention/control/pollution/area of jurisdiction.
* Board/power/obtain information “make surveys of any area and gauge and
keep records of the flow of volume of the stream.” power/take samples/analyze
/matter from industry.
* Boards /authority/establish or recognize any laboratory for chemical
analytical work.
Act specifically prohibits “any poisonous, noxious or polluting matter’ into any stream /well.
* A consent from the State Board is required for any type of new discharge /stream or well.

Question 6

The Water (Prevention & Control of Pollution) Act, 1974
Part 3

Answer 6

consent for “temperature” discharges as done by cooling tower users.
* Under these rules, “effluent standards to be complied with by persons while causing
discharge of sewage or silage or both” have been specified.
* Penalties for non-compliance with the permit or polluting in any way are imprisonment for
three months and fine of Rs. 10,000 or fine up to Rs. 5,000 per day of violation or both plus
any expenses incurred by the Board for sampling, analysis, inspection etc.
* There are penalties also which extend up to seven years plus other monetary fines for other
similar offenses

Question 7

The Water (Prevention & Control of Pollution) Cess Act, 1977

Answer 7

• levy and collection/ Cess on water consumed by persons carrying on certain industries /local authorities.
• Thermal power stations are the largest cess-payers and the others are steel and fertiliser
  plants, petroleum refineries, paper mills and coal mines.
• Though well-known for their environmental pollution, cement, textiles, sugar,
  petrochemicals, chemicals, pharmaceuticals, engineering and some other industrial units do
  not contribute much to total cess collections.
  Uttar Pradesh, Madhya Pradesh, Punjab, Haryana and Maharashtra collect large cess amounts
• Need a complete revision of the water cess is necessary to convert it from a purely water
  consumption-based levy to one based on resource consumption and **environmental impact **caused by an industry

Question 8

The air (prevention and control of pollution) act, 1981

Answer 8

passed/“prevention, control and reduction of air pollution.”
* This Act defined an air pollutant as “any solid, liquid or gaseous substance 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.”
* Act gives power to declare air pollution. control or even prohibit** burning** of
certain materials in those specific areas.
* This Act requires approval prior to operating any industrial plant

Question 9

The air (prevention and control of pollution) act, 1981
Part 2

Answer 9

Government may suggest “control equipment” prior to giving its consent to any industry for
its operation.
* include chimney etc. any new technology for emission control
* Penalties were for a minimum of **six months imprisonment to a maximum of seven years **
and fine up to Rs. 5,000 for every day.
* offenses by company, its director,
manager, secretary or other officers could be held guilty and punished accordingly.

Question 10

Environment Protection Act, 1986
Part 2

Answer 10

• enacted/ “provide for the protection and improvement of environment and for
  matters connected therewith.”
• This act defined environment which includes “water, air, and land and the inter-relationship
  which exists among and between them and human beings, other living creatures, plants,
  microorganisms and property.”
• It also defined a hazardous substance as “any substance or preparation which, by reason of
  its chemical or physics- chemical properties, or handling, is liable to cause harm to human
  beings, other living creatures, plants, microorganisms, property or the environment.”

Question 11

Environment Protection Act, 1986
Part 3

Answer 11

• enlists general **powers **of the central government /include“all such
  measures necessary for purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution”.
• law /included “the **standards of quality **of air, water, or soil for various areas and
  purposes, the maximum allowable limits of concentration of various environmental pollutants
  **procedures and safeguards **for the handling of hazardous substances.”
• specifying the restrictions allowed to the **discharge **or emit any environmental pollutant in excess of such standards as may be prescribed.

Question 12

Environment Protection Act, 1986
Part 4

Answer 12

Under Section 3(1) and Rule 5(3)(d) of this Act, Coastal Regulation Zone (CRZ) have been declared and which restrictions on industries and processes have been imposed.
* restricts setting up or expansion of any industry. “(a) **Intimate the fact of such
occurrence or (b) be bound, if called upon, to render all assistance, to such authorities or
agencies.”
* This law requires that all companies must have some sort of a Spill Prevention Control and
Countermeasures Plan **(SPCC).
* **Environmental auditing is required by this law starting in 1993. This report is to be submitted
to the State Pollution Control Board.
* Penalty for contravention of the act may be punishable by imprisonment up to seven years
or fine up to Rs 1 lakh. Additional fine of up to Rs 5,000 for every day** of violation

Question 13

The National Environmental Tribunal Act of 1995

Answer 13

• enacted to provide for strict liability for
  damages arising / accident /handling any hazardous substance.
• For the establishment of a National Environment Tribunal for effective and prompt disposal of cases arising from such accidents, with a view to giving relief and compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto.
  enacted to “hear appeals with respect to restriction of areas in which any
  industries, operations or processes or class of industries, operations or process shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto.”

Question 14

The National Environmental Tribunal Act of 1995
Part 2

Answer 14

• According to Section 12 of the Act the Authority shall not be bound by the procedure laid down in the code of civil procedure, 1908, but shall be guided by the principles of natural
  justice.
• Subject to the other provisions of this Act and of any rules made by Central Government, the Authority shall have power to regulate its own procedure, including the fixing of places and
  times of its enquiry and deciding whether to sit in public or private.
• Also, with the effect from the date of establishment of the Authority, no civil court or other authority shall have jurisdiction to entertain any appeal in respect of any matter with which
  the Authority is empowered by or under this Act.

Question 15

Hazardous waste rules 1989

Answer 15

• The Ministry of Environment and Forests /Wastes (Management and
  Handling) Rules, July 1989 under the Environment (Protection) Act, 1986.
• The main purpose for declaration of these Rules was for **management and handling **of hazardous substances.
• The** basis of any environmental pollution** has been the generation and disposal of
  hazardous substances.
• Proper disposal is probably the most important aspect of any industry.
• For this reason, guidelines have been issued under this set of rules.

Question 16

The public liability insurance act 1991

Answer 16

• “to provide for public liability insurance 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.
• The Act defines an “accident” as involving a **unexpected, sudden or unintentional
  occurrence while handling **any hazardous substance resulting in continuous damage to any
  property but **does not **include an accident by reason only of war or radioactivity.
• For the first time, this Act holds the owner liable for death or injury to any person, damage to
  any property resulting from an accident.
• The “claimant shall not be required to plead and establish that death, injury or damage in
  respect of which the claim has been made was due to any wrongful act
• Only **Workman has been excluded **from this Act as he is covered under the Workmen’s
  Compensation Act, 1923 (8 of 1923)

Question 17

Vehicular pollution standards
Petrol vehicle

Answer 17

• To combat this **increasing pollution **from vehicles, **new and tougher **auto standards are being
  enforced.
• The Environment (Pollution) Rules, 1986 contain these regulations.
  1. The standards recommended during idling for all four wheeled petrol driven vehicles for
  carbon monoxide < 3% v/v.
  2. Idling carbon monoxide emission limit for all **two and three wheeled petrol **driven vehicles
  shall not exceed **4.5 % v/v. **
  3. Cars with mass < 1,020 kg. load on the axle will be permitted to emit a maximum of 5g CO/km.
  4. The combined emission of **nitrous oxide and hydro carbons<= 2 g/km **

5. The above standards are for** petrol** driven vehicles only.

Question 18

Vehicular pollution standards
Diesel vehicle

Answer 18

1. For all medium and heavy diesel vehicles with capacity over 3.5 tons, <=11.2 g of CO kilowatt hour (kWh) equivalent burning of fuel.
2. The maximum permissible levels for nitrous oxide / hydro carbons are 14.4 and 2.4 grams per kWh.
   * The Ministry of Environment and Forests, Government of India now also issues the
   **ECOMARK notifications.
   They are issued to consumer products that meet certain Indian Standards Institute
   guidelines.
   * The product should be friendly **to the environment