Legal aspects Envi

Management

Why Environmental Laws?

The basic intention is to provide a level playing field
for industry so that it can contribute to a better
quality of life without depleting resources or damaging
the environment.
To achieve this, Industry need to set up a Effective
Compliance and Enforcement Program
incorporating following key elements Attention to permitting systems.
Evolving self-regulatory system.
Monitoring compliance needs.

To look for new trends & opportunities for

maximizing compliance and its effectiveness.
To help MoEF in meeting obligations under
international agreements like Basel Convention,
Montreal Protocol etc.

Ministry of Environment
Forest (MOEF)

and

The specific objective of this ministry are

To prepare environmental law & policies
Pollution monitoring & control
Survey & conservation of natural resources
Mgmt of forests & conservation of wildlife
Promotion of research
environmental education, awareness &
information and
International co-operation

MOEF
The central office of the Ministry of Environment &
Forestry co-ordinates the activities of six regional
offices established in southern, western, northern,
central & north-eastern .
Besides these they give environmental guidelines
for development projects like river valley projects,
thermal projects, mining, shifting of Industry, ports
& harbours, development of beaches, new towns,
cantonments,
roads,
rail
lines,
airports,
communication projects, & ecological fragile areas

State Pollution Control Boards

Apart

from these regional offices every

state has a pollution control board
(PCB). Both at the central & regional
level there is a separate division for
environment impact assessment which
plays an important role in approving the
various projects.

Environmental Legislations
Forest

Act (1927) This act stipulates that

no forest land or any portion thereof may
be used for non forest purposes. It provides
for the constitution of an advisory
committee to advise on government on
cutting the trees.

Environmental Legislations
Forest

conservation act (1980) this act

has been passed to control,l deforestation
which causes ecological imbalance &
results in environmental degradation. It has
provisions to put restrictions on the use of
forests for non forest purpose.

Environmental Legislations
Wild

life Protection Act (1972) provides

for the constitution of of the wild life
advisory board, regulation of hunting of wild
animals & birds, laying down procedures
for declaring the areas as sanctuaries &
national parks, regulation of trade in wild
animals.

Environment
Water

(protection & control of

pollution) act (1974) provides for
the establishments of central &
state pollution control boards for
the prevention & control of water
pollution primarily through
standards to be laid down by the
boards & the consent orders issued
by them.

Powers of the Boards

Stiff

penalties are imposed for

violation . Boards are given ample
powers for investigating &
inspection & to take samples & to
establish labs for analyzing the
samples.

Environment
Air

(Protection & Control of pollution) Act

(1981) air pollution is to be controlled
primarily through standards laid down by
the Boards & the consent orders issued by
them. For contravening the standards laid
down by them the Boards & for the
violating the provisions relating to the
consent by the Board, stiff penalties have
been provided.

Environment Protection Act 1986

Environment Protection Act (1986) provides for
The major areas of environmental hazards not covered by
the previous laws
Linkages in handling matters of industrial & environmental
safety & control mechanism to guard against the slow,
insidious build up of hazards substances especially of
new chemicals in the environment
An authority not only to co-ordinate the activities of the
various regulatory agencies but to assume the lead role
for studying, planning & implementing long term
requirements of environmental safety & to give directions
& to co-ordinate a system of speedy & adequate
response to emergency situations threatening the
environment.

Issues in command and control

Approach

The pressures of environmentalists, NGO's & to

some extent external donors.
Lack of co-ordination between various departments
concern with environmental problems.
Limited powers given to the Ministry
Resource constraints

Environmental awareness is the prerequisite for

effective tackling of environmental degradation

Proper Environmental impact assessments should be

insisted upon.

Market driven mechanism

Natural

resources
should
be
priced/regulated according to present &
future scarcity conditions.
Environmental costs and benefits as well
as depreciation of natural resources should
be incorporated in the national accounting
statistics.
A strong information base is required.

Role of NGOS
There are a number of NGO's who are working
actively in agriculture and natural resource
management like Gram Gaurav Parishad & Vanrai in
Maharashtra, Urmul Trust, Seva Mandir, Social
Work & Work Research Centre (SWRC), Grameen
Vigyan Vikas Samiti (GVVS), etc.
In

Rajasthan, in combating industrial pollution,

it is heartening to note that in Orissa a group of
21 NGO's joined together to establish the
district action group (DAG).
Besides, NGO's are involved at policy-making
& execution level though to a limited extent.
Example Karnataka, West Bengal

Indian Environmental Regulations

Water (P & C P) Act, 1974, & rules
thereunder.
Water (P & C P ) Cess Act, 1977, & rules
thereunder.
Air (P & C P) Act, 1981, & rules thereunder.
Environment (P ) Act,1986, & rules
thereunder.
Public Liability Insurance (PLI) Act 1991, &
rules thereunder
The National Environment Tribunal Act,
1995

Rules under E P Act,1986

Hazardous Wastes (Mgt. & Handling) Rules
1989
Manufacture, Storage & Import of Haz.
Chemicals (MSIHC) Rules 1989.
Bio-Medical Waste (Mgt. & Handling) Rules
1998.
Solid Wastes (Mgt. & Handling) Rules 2000.
ODS (Regulation and Control) Rules, 2000.
Noise Pollution (Regulation & Control) Rules,
2000.
Battery Wastes (Mgt. & Handling) Rules 2001.
The Chemical Accidents (Emergency planning,
preparedness, and response) Rules, 1996 (rules on
emergency planning, preparedness and response for chemical accidents)

Guidelines &
Notifications:

Industrial siting guidelines

Clean technology guidelines
EMP guidelines etc.
Coastal Regulation zone (CRZ) notification
Environmental Statement (Audit) Report.
EIA notification and Policy issues
Securing Environmental Clearances (EC) for
the projects listed in the schedule. (list of 30 industry
type)

Compliance to EIA notification, rapid &

detailed EIA report submission. (EMP, DMP, Health
surveillance issues etc.)

Public Hearing as a part of EC.

decision making)

(involving public in

Other Environment related regulations

The Factories Act & Rules
Motor Vehicles Act & Rules,
The Petroleum Act & Rules, 1976
The Inflammable Substances Act, 1952
Import (Control) Act, 1947
Dock Workers (Safety, Health & Welfare) Act,
86.
The Explosives Act & Rules
Gas Cylinders Rules, 1981
Static and Mobile Pressure Vessel (unfired)
Rules, 1981
Boiler Act etc.

ENVIRONMENTAL TREATIES
Framework Convention

Vienna Convention (Ozone Layer)

Montreal Protocol (ODS)
Basel Convention (trans boundary movement of Haz. Wastes)
Convention on Biological Diversity
Convention on International Trade in Endangered Species
Convention on Conservation of Nature in the South Pacific
Draft Basel Rules of Procedure
1994 Draft Declaration ... Human Rights and the Environment
Decisions Adopted by the Conference of the Parties to the Basel
Convention
UN Law of the Sea Convention 1982
WRI- International Agreements and Conventions on Environment
UNFCCC- UN Framework Convention on Climate Change

Rio Declaration

Multilateral Environmental Treaties

Environmental Treaties and Resource Indicators Service

Environment protection and sustainable development

have been the cornerstones of the policies and
procedures governing the industrial and the other
developmental activities of any country all over the
world.
Every industrial activity has some impact on the
environment. More frequently it is harmful to the
environment than benign.
Waste management rules are extremely complex, and
the facility can be subjected to several sets of
environmental regulations, on Central (Federal), State,
and Local levels.
Documentation and record keeping requirements have
now become extensive.
It is a widely held belief in the industry that with such
complexities, a diligent and well-trained inspector can
find non-compliance issues at any facility, given
sufficient time and effort.

Basic Requirements
of the Water Act 1974

Preamble
:An Act to provide for the prevention & Control of
water pollution and the maintaining or restoring
of wholesomeness of water bodies.

Ground water

River water

Estuaries, creeks and sea

water

Lakes

Water
Effluents
Key Laws governing the Water

Emissions
Water (P & C P) Act, 1974. It introduces mechanisms to
prevent, Control and Abate Water Pollution.
Water (P & C P) Cess Act, 1977. Puts restrictions on excess
use of fresh water.
Environment (P) Rules 1996, This set forth stds,
requirements and prohibitions for emissions of
environmental pollutants.

Sec. 20 : Power to the Board to obtain Information.

Sec. 21 : Power to take samples for legal purpose.
Sec. 23 : Power of entry and inspection.
Sec. 24 : Prohibition on use of stream or well for disposal of pollution
matter etc.
Sec. 25 : Restrictions on New outlets and new discharges. ( C to E )
Sec.26 : Provision regarding existing discharge of IE ( C to O )
Sec.27 : Refusal or withdrawal of Consent
Sec.28 : Appeals

Sec.29 :

Revision

Sec.32 : Emergency measures in case of pollution of stream or well.

Sec.33 : Make application to Courts for restraining apprehended pollution.
Sec. 33 A : Issuing directions of closures.

Standards for Treatment and disposal of

waste Waters
Waste type :
(I) Condenser Cooling
a) Once through cooling system.
b) Boiler blow downs/boiler feed.
c) Cooling tower blow down.
d) Ash pond Effluent. (Typical of power
stations)

(II) Sewage and Trade effluent

Biodegradable and non biodegradable effluents
(Wastewaters)

Disposal Standards
Recycle & reuse of treated waste waters
Disposal in sewers, stream or sea & deep
sea
Disposal on land for irrigation or
gardening (or development of green belt)
Monitoring of these parameters at a regular
intervals is must to meet the compliance.

Basic Requirements under

Water ( P & C. P)Cess Act 1977

Salient Features
Put curbs on water consumption
Incentive taxation
Encourages treatment of WW
Encourages R & R of treated WW
Levy & Collection of Cess from industries &
Local bodies
Levy based on water uses looking in to
pollution potential (5 paise, 2 paise, 10 paise and 15 paise)

Statutory obligations &

checklist

Submission of returns by Industry & Local

bodies
Affixing of meters (Section 4)
Meeting stds
Claims for rebate & receipt thereof

(Section 7)

Payment of Cess as per AO

Levy based on water uses looking in to
pollution potential
Appeal in case of disputes

(Section 13)

Restrictions on fresh water uses:

(rule 6)

For few category of the units Max quantity

of water per ton of product produced is
prescribed.
For synthetic textile industries:

Nylon & Polyester : 170 M3/T of fibre

produced
Viscose Rayon
: 200 M3/T of fibre
produced
These requirements are process requirements
under cat 3 & 4 and Industries are required to
abide by this

Basic Requirements
of the Air Act 1981

Preamble
:An Act to provide for the prevention, control &

abatement of air pollution, and establishing

Boards (or for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected therewith).

Air Emissions
Key Laws governing the Air Emissions
Air (P & C P) Act, 1981. It introduces mechanisms
to prevent, Control and Abate Air Pollution and
constitution of Central and State Boards.
Environment (P) Rules, April 2, 1996, This set forth
industry specific stds, requirements and prohibitions
for emissions of environmental pollutants.

Few definitions
Air Pollutant :means any solid, liquid or
gaseous substance (including noise) 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.
Air pollution: means the presence in the
atmosphere of any air pollutant

Emission: means any solid or liquid or

gaseous substance coming out of any
chimney, duct or any other outlet.

Emission
Standards
Stack emissions:
Load based stds
Concentration based
Industry specific
Ambient emissions:
Concentration based
Area specific

National AAQ Standards (NAAQS)

Pollutant Time
Weighted

Conc.. In ambient air in Areas.

Ind..

Resid.

Sensitive

----------------------------------------------------------------------------------2

===============================================
SO2
AA
80
60
15
SO2

24 hours**

NOX
as NO2

AA
24 Hrs.

SPM

AA
24 Hrs.

120
80
120
360
120

80

30

60
80

15
30

140
200

70
100

GENERAL EMISSION STANDARDS

If the facility emits any of the following

pollutants, the concentration of each pollutant
shall be within the norms, as prescribed.

1. Particulate matter 2. Total fluoride

3. Asbestos

4. Mercury 5. Chlorine

6. HCl vapour & mist, 7. Sulfuric acid mist

8. CO 9. Lead 10. HC 11. VOCs

The Noise Pollution (Regulation and

Control) Rules, 2000 the 14 February, 2000
to regulate and control noise producing
and generating sources with the objective
of maintaining the ambient air quality
standards in respect of noise

Definitions
"authority" means any authority or officer be,
authorized by the Central or the State Government,
in accordance with the laws in force and includes a
District Magistrate, Police Commissioner, or any
other officer designated for the maintenance of the
AAQ standards in respect of noise under any law
for the time being in force;
Maharashtra Govt. has authorized/designated
DSPs as the implementing authority of the rules
along-with SPCBs to control pollution.

Noise Limits
Noise limits in dB(A)
Category of area

day time

Industrial

Night time
75

70

Commercial

65

55

Residential

55

45

Silence zone

50

40

Noise limits Continued.

Note 1: day time is B/W 6 am to 9 pm
Note 2: night time is B/W 9 pm to 6 am.
Note 3: silence zone is defined as areas
upto 100 meters from the hospitals,
courts, educational institutions etc.
Note 4: Mixed categories of the areas
should be declared by the competent
authorities.

Environment
(Protection)
Act, 1986

Salient Features
Covers basically previously unregulated
areas:
umbrella legislation designed to coordinate
environmental activities.

hazardous waste handling (HWM , biomed, ODS & Battery

rules,
)
manuf
& transport of toxic chemicals (MHISC rules)
noise pollution
public liability

(through separate rules)

(through separate regulation)

vehicular emissions

(through amendment to air act, fixing stds)

discharge of pollutants to air, land & water

Important Features
Sec.3

Power of MoEF to take measures to

protect & improve environment

Sec.5

Power to give directions

(also with DOE & SPCB)

Sec.6
Rules to regulate environmental
pollution in
respect of matters
referred in Sec. 3 (stds of quality
of air, water,
soil,
noise,HW,Compliance
Solid wastes etc.) to procedural safeguards for
Sec.8
(rule 13)
handling of hazardous substances
Sec.15

Penal provisions

(offences by companies)

Sec.19 Establishes authority & guidelines for

citizens
suits against polluters. (PLl)

Public Liability Insurance

Act, 1991.

Preamble:
Provides for public liability Insurance for the
purpose of providing immediate relief to the
persons affected by accident occurring while
handling any hazardous substance & for matters
connected therewith or incidental thereto.
Collector is the authority to make an award
determining the amount of payment of relief to the
affected person/s. Opportunity of being heard to
both the parties is a prerequisite.
Extent of liability: Rs. 5 crores under an award to
several claimants arising out of an accident and in
case of more than one accident, max Rs. 15 crores.

Important Features
This policy is for business connected with
the handling of notified hazardous
substances.
Any person or business handling
hazardous substances is required to take
the Insurance.
The Insurance cover is compulsory.
Offender is punished by way of huge fine
or imprisonment.

List of chemicals requiring

PLI
List of 179 Hazardous substances
divided in following groups:
Group 1

: Toxic substances

(99

: Toxic substances

(25

chemicals)

Group 2
chemicals)

Group 3
Substances

: Highly Reactive
(25 chemicals)

Group 4

: Explosive Substances

(30

chemicals)

Group 5
(based

: Flammable Substances
on flash points)

Whether the industry is law

abiding:
Figures of product manuf, water uses, WW
discharges match with consented figures (often
reference to old consent needed)
Installs/runs the treatment facility to meet stds.
Installs & runs the disposal facility & meets
stds. (values & designated mode)
Meets monitoring conditions (establishing Env. Cell,
frequency, parameters, proper sampling, MINAS, CAP etc.)

Develops green belt in accordance with the

condition of consent (33% of the land use)
Submits report to SPCB/Govt. as per
stipulations.
Meets other conditions of consent (relating to
compliance to other acts, rules etc.)

Past record of Legal notices if any.

(habitual defaulter,
refusal, withdrawl, suspension of consent, Pendency of law suits in the court
of law. )

HWM RULES - IN NUTSHELL

1.0

Definitions

2.0

Definition of HW modified

3.0
New Schedule_I & II and Schedule_IIIPart A
& B introduced
4.0

Additional sub-rules inserted

5.0

Additional forms inserted - now 13 forms

6.0
Provisions for identification /
developments of site elaborately
defined/introduced
7.0
Import/export Policy defined/introduced
- New Schedule - IV inserted.
8.0

Illegal traffic defined/procedure introduced

MSIHC Rules_ Salient

Features
The principal objective is -

prevention of major accidents arising

from industrial activities,
the limitation of the effects of such
accidents both on man and on the
environment and
the harmonization of various control
measures and agencies to prevent and limit
major accidents.

Important Features
Regulates Manufacture, Storage and Import of
Hazardous Chemicals
The storage of hazardous chemicals not
associated with a process is regulated.
The concerned Authority shall inspect the industrial activity at least once in a
calendar year (mandatory frequency of
compliance)
perform the duties specified in column 3 of
Schedule 5.
submit annually report on the compliance of the
rules by the occupiers to the MoEF.

Safety reports
Occupier to start any industrial activity after a safety
report is prepared and submitted to the concerned
authority at least 90 days before commencing that
activity.
For existing activity, he shall prepare a safety report
& submit the same within 1 year from the date of
commencement of the MSIHC (Amendment) Rules,
1994, to the concerned Authority.
Occupiers shall carry out an independent safety audit
with the help of an expert, not associated with such
industrial activities & forward a copy with his
comments within 30 days to that authority.
He shall update safety audit report once a year by
conducting a fresh safety audit

Preparation of on-site emergency plan by

the occupier
Prepare On-site emergency plan (EP) containing
details specified in Schedule 11
1. for a new industrial activity, before that activity is
commenced;
2. for an existing industrial activity within 90 days of
coming into operation of these rules

The plan shall takes into account any modification

made in the industrial activity
Occupier shall ensure that a mock drill of the onsite EP is conducted every six months;