ENVIRONMENT PROTECTION ACT By Shri. V.Y. Dhupdale B.Com., LL.B., LL.M., (NET) Lecturer, Dept. Of Law, SUK

INTRODUCTION The Environment Protection Act, 1986, is a comprehensive law, dealing with the protection of environment The Environment Protection Act, 1986, is a comprehensive law, dealing with the protection of environment Concern for the environment protection is a relatively new subject Concern for the environment protection is a relatively new subject Earlier, there were provisions in this regard but they were not sufficient enough to address the problems Earlier, there were provisions in this regard but they were not sufficient enough to address the problems The First Legislation which was enacted was the Water (Prevention of Pollution) Act, 1974 (Water Act). The First Legislation which was enacted was the Water (Prevention of Pollution) Act, 1974 (Water Act). Followed by the Air (Prevention and Control of Pollution) Act, 1981 (Air Act). Followed by the Air (Prevention and Control of Pollution) Act, 1981 (Air Act). The Environment Protection Act, 1986 (EPA) is a successor to these two enactments. The Environment Protection Act, 1986 (EPA) is a successor to these two enactments.

Water and Air Acts The Water Act establishes the Central and State Boards for the prevention and control of water pollution. The Water Act establishes the Central and State Boards for the prevention and control of water pollution. Its task is to prevent and control the discharge of polluted water into streams or wells. Its task is to prevent and control the discharge of polluted water into streams or wells. It also lays down effluent standards to be complied with by the industries It also lays down effluent standards to be complied with by the industries

Contd… Important Functions of the Board:- Important Functions of the Board:- To lay down the standards of pollution and to make consent order for polluting trade and sewage effluent into streams. To lay down the standards of pollution and to make consent order for polluting trade and sewage effluent into streams. Investigation Investigation Inspection Inspection Sample collection and testing and Sample collection and testing and Also the power to prosecute violators of the Act Also the power to prosecute violators of the Act The Air Act deals with the control of emission of noxious substances from industries and automobiles. The Air Act deals with the control of emission of noxious substances from industries and automobiles. It applies only to specified industrial processes, in notifies areas, called the ‘air pollution control areas” (APCA). It applies only to specified industrial processes, in notifies areas, called the ‘air pollution control areas” (APCA). The functions are entrusted to the Central and State Boards created under the Water Act. The functions are entrusted to the Central and State Boards created under the Water Act.

Contd… The State Govt., after consultation with the State Boards, issues a notification, declaring a particular areas as an ‘air pollution control area.’ The State Govt., after consultation with the State Boards, issues a notification, declaring a particular areas as an ‘air pollution control area.’ The specified industries in the ‘air pollution control areas” (APCA) have to seek consent from the Board, to emit noxious substances The specified industries in the ‘air pollution control areas” (APCA) have to seek consent from the Board, to emit noxious substances

Prevention and Control of Pollution The EPA is a general legislation for environmental protection for control of pollution and handling of hazardous substances. The EPA is a general legislation for environmental protection for control of pollution and handling of hazardous substances. It is a skeletal legislation. It is a skeletal legislation. It gives broad powers to the Union Government and leaves the details to be worked out by the State and Central Governments, by formulating rules regarding each detail. It gives broad powers to the Union Government and leaves the details to be worked out by the State and Central Governments, by formulating rules regarding each detail.

Contd… Following are the areas on which rules can be made: Following are the areas on which rules can be made: Standard of quality of air, water and soil for various areas and purposes. Standard of quality of air, water and soil for various areas and purposes. Maximum permissible level of pollutants for different areas. Maximum permissible level of pollutants for different areas. Procedures and safeguards for handling of hazardous substances. Procedures and safeguards for handling of hazardous substances. Prohibition and restrictions on location of industries. Prohibition and restrictions on location of industries.

Contd… Procedures and safeguards for the prevention of accidents which may cause environmental pollution. Procedures and safeguards for the prevention of accidents which may cause environmental pollution. With the rules making powers, the Central Govt. has passed various rules such as- With the rules making powers, the Central Govt. has passed various rules such as- Environment (Protection) Rules, Environment (Protection) Rules, Hazardous Wastes (Management and Handling) Rules, and Hazardous Wastes (Management and Handling) Rules, and Manufacture, Shortage and Import of Hazardous Chemical Rules, etc. Manufacture, Shortage and Import of Hazardous Chemical Rules, etc.

The Environment (Protection) Rules, 1986 These rules provide the maximum permissible level of environmental pollutants from industries. These rules provide the maximum permissible level of environmental pollutants from industries. It covers a very large number of industries, including It covers a very large number of industries, including caustic soda manufacturing, caustic soda manufacturing, oil refinery, oil refinery, sugar industry, sugar industry, thermal power plant, thermal power plant, cotton textiles, cotton textiles, cement plants, cement plants, small pulp and paper industry and small pulp and paper industry and composite woolen mills. composite woolen mills.

Contd… The rules also provide the standards for automobile exhaust and specifies standards for the manufacture of automobiles. The rules also provide the standards for automobile exhaust and specifies standards for the manufacture of automobiles. This enforcement has been entrusted to the State Pollution Control Boards. This enforcement has been entrusted to the State Pollution Control Boards. Through these provisions, the Act uses the Boards as administrative bodies. Through these provisions, the Act uses the Boards as administrative bodies. However, it is the Central Govt. which has the exclusive charge of administering the Act. However, it is the Central Govt. which has the exclusive charge of administering the Act.

Hazardous Wastes (Management and Handling) Rules, 1989 These rules specify all the things which would be considered as hazardous wastes, depending on their quantity. These rules specify all the things which would be considered as hazardous wastes, depending on their quantity. The things so specified, include- The things so specified, include- Cyanide waste, Cyanide waste, Mercury Mercury Arsenic Arsenic Paints, Paints, Pigments, Pigments, Glue, Glue, Waste oil, Waste oil, Asbestos, etc Asbestos, etc

Contd… The person or firm generating hazardous waste has to ensure that all practical steps are taken for person or firm generating the hazardous waste has to ensure that all the practical steps are taken for the proper- The person or firm generating hazardous waste has to ensure that all practical steps are taken for person or firm generating the hazardous waste has to ensure that all the practical steps are taken for the proper- Handling, Handling, Collecting, Collecting, Receotion, Receotion, Treatment, Treatment, Storage and Storage and Disposal of these wastes. Disposal of these wastes.

Contd… Further every person generating a hazardous waste and possessing the facility for the- Further every person generating a hazardous waste and possessing the facility for the- Collection, Collection, Reception, Reception, Treatment or storage of the waste, Treatment or storage of the waste, Should seek authorisation from the State Pollution Control Board. Should seek authorisation from the State Pollution Control Board. The rules also regulate the- The rules also regulate the- Packing, Packing, The labelling and The labelling and Transport of Hazardous wastes. Transport of Hazardous wastes.

Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 These rules specify hazardous and toxic chemicals. These rules specify hazardous and toxic chemicals. Every person or firm who handles or deals in these substances, has to identify the major accident hazards and take precautions to prevent accidents and limit their consequences to persons and environment. Every person or firm who handles or deals in these substances, has to identify the major accident hazards and take precautions to prevent accidents and limit their consequences to persons and environment. The firms have to provide safety reports. The firms have to provide safety reports.

Contd… Through this mechanism and others, the concerned authorities regulate their activity. Through this mechanism and others, the concerned authorities regulate their activity. Some of the other rules and orders under the Act are: Some of the other rules and orders under the Act are: Rules for the manufacture, use, import, export amd storage of hazardous micro-organisms/genetically engineered organisms or cells. Rules for the manufacture, use, import, export amd storage of hazardous micro-organisms/genetically engineered organisms or cells. Chemical Accidents (Emergency Planning Preparedness and Response) Rules, 1996 Chemical Accidents (Emergency Planning Preparedness and Response) Rules, 1996 Bio-Medical Waste (Management and Handling) Rules, 1998 Bio-Medical Waste (Management and Handling) Rules, T Oil (Regulation of Supply and Distribution) Order, T Oil (Regulation of Supply and Distribution) Order, 1998.

Administration of Environment Pollution Till enactment of the EPA, pollution control was an administrative responsibility of the State Pollution Control Boards and the Central Board. Till enactment of the EPA, pollution control was an administrative responsibility of the State Pollution Control Boards and the Central Board. The EPA has vested board powers in the Central Government, to prevent pollution and regulate the handling of hazardous substances. The EPA has vested board powers in the Central Government, to prevent pollution and regulate the handling of hazardous substances. One of the powers of the Central Government is to create bodies for the administration of the Act. One of the powers of the Central Government is to create bodies for the administration of the Act. The Preamble of EPA Act mentions the lack of co- ordination of the administrative bodies for the control of pollution, as one of the reasons for the enactment of the EPA. The Preamble of EPA Act mentions the lack of co- ordination of the administrative bodies for the control of pollution, as one of the reasons for the enactment of the EPA.

Sanctions in the EPA The Act provides stringent sanctions for a violation of the Act. The Act provides stringent sanctions for a violation of the Act. Section 15 provides that whosoever contravenes any provision of the Act, rules, orders, or directions issued under the Act, is punishable with a term of imprisonment extending upto five years or with a fine upto Rs,1,00,000, or with both. Section 15 provides that whosoever contravenes any provision of the Act, rules, orders, or directions issued under the Act, is punishable with a term of imprisonment extending upto five years or with a fine upto Rs,1,00,000, or with both. It also provides that if the failure or contravention continues, an additional fine, which may extend upto Rs. 5,000 for every day, will be imposed. It also provides that if the failure or contravention continues, an additional fine, which may extend upto Rs. 5,000 for every day, will be imposed. The punishment is intended to be harsh. The punishment is intended to be harsh.

Contd… Section 16 deals with offences by companies. Section 16 deals with offences by companies. It holds the offending company as well as the persons directly incharge and responsible for the company and for the conduct of the business of the company, guilty, provided a person can prove that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence. It holds the offending company as well as the persons directly incharge and responsible for the company and for the conduct of the business of the company, guilty, provided a person can prove that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence. That is the company is liable as a corporate body for the offence. That is the company is liable as a corporate body for the offence. And the person responsible for the business of the company will be held responsible. And the person responsible for the business of the company will be held responsible.

Contd… Section 17 deals with an offence by a Govt. Dept. Section 17 deals with an offence by a Govt. Dept. It holds the head of the Dept. guilty, provided he can prove that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence. It holds the head of the Dept. guilty, provided he can prove that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence. Generally, Govt. Depts. Are shielded from sanctions provided in legislations. Generally, Govt. Depts. Are shielded from sanctions provided in legislations. But recently, they are gradually, being put on the same footing as any other offender. But recently, they are gradually, being put on the same footing as any other offender. This Act holds the executive head individually responsible. This Act holds the executive head individually responsible.