Environmental Laws and Rules in India: A Comprehensive Overview, Exams of Industrial management

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Lecture 2

Environmental Acts and Rules

AGENCIES FOR MAKING ENVIRONMENT LAWS & THEIR ENFORCEMENT IN

INDIA

In 1972, a National Council of Environment Planning and Co-ordination was set-up at the

Department of Science and Technology. Another committee was set-up in 1980 for reviewing

the existing legislations and administrative machinery for environmental protection and for

recommending ideas to strengthen the existing laws and environmental agencies in India. In

1980, a separate Department of Environment was set-up which was upgraded to full-fledged

Ministry of Environment and Forests in 1985.

Ministry of Environment and Forests (MoEF) of Government of India serves as the

nodal agency for the planning, promotion, making of environment laws and their enforcement in

India. Following are the other important agencies which help the MoEF in carrying out

environment related activities:

 Central Pollution Control Board

 State Pollution Control Boards  State Departments of Environment

 Union Territories (UT) Environmental Committees  The Forest Survey of India

 The Wildlife Institute of India  The National Afforestation and Eco-development Board

 The Botanical and Zoological Survey of India, etc.

ENVIRONMENTAL LAWS AND RULES

Major environmental laws dealing with protection of environment can be dived into following categories [1] : A. Water pollution B. Air pollution C. Environment protection D. Public liability insurance E. National environment appellate authority F. National environment tribunal G. Animal welfare H. Wildlife I. Forest conservation

ii. Rules

1. S.O.844(E), [19/11/1986] - The Environment (Protection) Rules, 1986.
   1. G.S.R.448(E), [12/07/2004] - The Environment (Protection) Second Amendment Rules, 2004.
2. S.O.470(E), [21/6/1999] - Environment (Siting for Industrial Projects) Rules,

iii. Notifications

1. Coastal Regulation Zone
2. S.O.991(E), [26/11/1998] - Constitution of National Coastal Zone Management Authority.
3. Delegation of Powers
4. S.O.729(E), [10/7/2002] - Delegation of Powers U/S 20 of E(P) Act, 1986 to CPCB.
5. Eco-marks Scheme
6. G.S.R.85(E), [20/2/1991] - The Scheme on Labeling of Environment Friendly Products (ECOMARK).
7. G.S.R.768(E), [24/8/1992] - The criteria for labeling Cosmetics as Environment Friendly Products. Eco-sensitive Zone
8. S.O.133(E), [4/2/2003] - Matheran and surrounding region as an Eco- sensitive Zone.
9. S.O.52(E), [17/1/2001] - Mahabaleswar Panchgani Region as an Eco- sensitive region.
10. S.O.825(E), [17/9/1998] - Pachmarhi Region as an Eco-sensitive Zone.
11. S.O.350(E), [13/5/1998] - Order Constituting the Taj Trapezium Zone Pollution (Prevention and Control) Authority.
12. S.O.884(E), [19/12/1996] - Dahanu Taluka Environment Protection Authority, 1996, amended 2001.
13. S.O.481(E), [5/7/1996] - No Development Zone at Numaligarh, East of Kaziranga.
14. S.O.319(E), [7/5/1992] - Restricting certain activities causing Environmental Degradation at Aravalli Range.
15. S.O.416(E), [20/6/1991] - Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically fragile Area, amended 1999.
16. S.O.102(E), [1/2/1989] - Restricting location of industries, mining & other activities in Doon Valley (UP).
17. S.O.20(E), [6/1/1989] - Prohibiting Industries in Murud-Janjira, Raigadh District, Maharashtra..
18. Environmental Labs
19. S.O.728(E), [21/7/1987] - Recognization of Environmental Laboratories and Analysts.
20. Hazardous Substances Management Rules
21. S.O.432(E), [16/5/2001] - The Batteries (Management and Handling) Rules, 2001.
22. S.O.908(E), [25/9/2000] - The Municipal Solid Wastes (Management and Handling) Rules, 2000.

3. S.O.705(E), [2/9/1999] - The Recycled Plastics Manufacture and Usage Rules, 1999. 1. S.O.698(E), [17/6/2003] - The Recycled Plastics Manufacture and Usage (Amendment) Rules, 2003.
4. S.O.243(E), [26/3/1997] - Prohibition on the handling of Azodyes.
5. G.S.R.347(E), [1/8/1996] - The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.
6. G.S.R.1037(E), [5/12/1989] - The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms Genetically engineered organisms or cells.
7. S.O.966(E), [27/11/1989] - The Manufacture, Storage and import of Hazardous Chemical Rules, 1989.
8. S.O.594(E), [28/7/1989] - The Hazardous Wastes (Management and Handling) Rules, 1989.
9. S.O.630(E), [20/7/1998] - The Bio-Medical Waste (Management and Handling) Rules, 1998. Noise Pollution
10. S.O.123(E), [14/2/2000] - Noise Pollution (Regulation and Control) Rules,
12. S.O.1088(E), [11/10/2002] - The Noise Pollution (Regulation and Control) (Amendment) Rules, 2002.
13. S.O.1046(E), [22/11/2000] - The Noise Pollution (Regulation and Control) (Amendment) Rules, 2000.
14. Rules relating to Noise Pollution notified under Environment (Protection) Rules, 1986 are as under:
15. G.S.R.520(E), [1/07/2003] - The Environment (Protection) Amendment Rules, 2003.
16. G.S.R.849(E), [30/12/2002] - The Environment (Protection) Fourth Amendment Rules, 2002. Ozone Layer Depletion
17. S.O.670(E), [19/7/2000] - The Ozone Depleting Substances (Regulation and Control) Rules, 2000.

D. PUBLIC LIABILITY INSURANCE

i. Act

1. No.6 of 1991, [22/1/1991] - The Public Liability Insurance Act, 1991, amended

ii. Rule

1. S.O.330(E), [15/5/l991] - The Public Liability Insurance Rules, 1991, amended

E. NATIONAL ENVIRONMENT APPELLATE AUTHORITY

i. Act

iii. Guidelines

1. No.5-5/86-FC, [25/11/1994] - Guidelines for diversion of forest lands for non- forest purpose under the Forest (Conservation) Act, 1980.

J. BIODIVERSITY

i. Act

1. NO. 18 of 2003, [5/2/2003] - The Biological Diversity Act, 2002. i. S.O.753(E), [01/07/2004]- Coming in to force of sextions of the Biodiversity Act, 2002. ii. S.O.497 (E), [15/04/2004]- Appointment of non-official members on NBA from 1st October, 2003. iii. S.O.1147 (E)- Establishment of National Biodiversity Authority from 1st October, 2003. iv. S.O.1146 (E)- Bringing into force Sections 1 and 2; Sections 8 to 17; Sections 48,54,59,62,63,64 and 65 w.e.f. 1st October, 2003. ii. Rule
2. G.S.R.261 (E), [15/04/2004] - Biological Diversity Rules, 2004.

K. IFS (Indian Forest Service) i. Rule

1. NO.17011/03/200-IFS-II, [10/2/2001] - Rules for a competitive examination to be held by the UPSC for the IFS. ii. Notification
2. NO.A.12011/1/94-IFS-I, [14/12/2000] - Scheme for staffing posts included in the Central Deputation Reserve of the Indian Forest Service and other Forestry Posts similar in rank and status in certain other organizations under the Government of India.

DUTIES OF INDIAN CITIZEN

Legislations alone are not the remedy for environmental management, it is the

responsibility of all the citizens to strive to protect the environment for the present and future

generations since it is the fundamental duty of citizens to protect and conserve the environment

as enshrined in our Constitution. Virtually, environmental legislation is essentially a social

legislation since environmental degradation affects all of us. The criminal nature of pollution

offences have to be viewed seriously. Environmental legislation provides the framework for

punitive action against the offenders.

Conservation, recycle, and reuse are the current trends observed in the control of

environmental pollution. Even though there may be law regarding these aspects scattered in

different Acts of Indian legislation, there is a need for comprehensive Resource Conservation

and Recovery Act today. It is not always necessary that Environmental degradation or danger

should occur to implement the law. One should always take steps before such happenings.

The problem of environmental degradation is a complex one which requires multi-

dimensional approach. There is dearth of environmental protection laws, but we need a firm hand

to implement them. Environmental education can play an important role in negating the adverse

impacts of pollution.

process should discharge or emit or permit to discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.  Several rules relative to various aspects of management of hazardous chemicals, wastes, etc. have been notified. Under this Act, Central Govt. has rusticated, prohibited location of industries in different areas so as to safeguard the environment.  Many standards for air emissions, discharge of effluent and noise have been evolved and notified.

 Subject to the provision of this Act, Central Govt. has the power to take all measures as it deemed necessary for the purpose of protection and improving the environment.

 Procedures, safeguards, prohibition and restriction on the handling of hazardous substances along with the prohibition and restriction on the location of industries in different areas have notified.

V. THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989 &

 Hazardous wastes have been categories in 18 categories.  Under this rule, project proponent handling hazardous waste must report to the concerned authorities regarding handling of wastes, obtain authorization for handling wastes, maintain proper records, file annual returns, label all packages, consignments etc., report any accident immediately in for report import-export of hazardous waste.  MOEF notified the HW (M&H) Amendment Rules in January 6, 2000 (MOEF, 2000a). Under this rule, toxic chemicals, flammable chemicals and explosive have been redefined to be termed as ‘hazardous chemical’. As per new criteria, 684 hazardous chemicals.

VI. THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL

RULES, 1989 & 2000.

 Under these rules, project proponents of any kind of hazardous industry have to identify likely hazard and their anger potential. They also have to take adequate steps to prevent and limit the consequences of any accident at site.

 Material safety Data Sheets (MSDS) for all the chemicals in handling has to be prepared. Workers on site are required to be provided with information, training and necessary equipment to ensure their safety.

 Onsite Emergency Plan is to be prepared before initiating any activity at the site. Off-site Emergency Plan is to be prepared by the District Controller in close collaboration with the project proponents for any accident envisaged on site.

 The public in the vicinity of the plant should be informed of the nature major accident that may occur on site and Do’s and Don’ts to be followed in case of such an occurrence.  Import of hazardous chemicals is to be reported to the concerned authority within 30 days from the data of import.  MOEF made significant amendments in the MSIHC Rules, 1989 on January 20, 2000. Under new amendments, new schedule –I is incorporated with the increase in the number of hazardous chemicals.  Renewal of authorization will be subject to submission of ‘Annual Returns’ for disposal of hazardous waste; reduction in the waste generated or recycled or reused; fulfillment of authorization conditions and remittance processing and analysis fee.  State government as well as occupier or its association shall be responsible for the identification site for common waste disposal facility. Public hearing is also made mandatory to be conducted by the state government before notifying any common hazardous waste disposal site.

 Central/State government will provide guidance for the design, operation and closure of common waste facility/landfill site. It is mandatory to obtain prior approval from the SPCB for design and layout the proposed hazardous waste disposal facility.

VII. PUBLIC LIABILITY INSURANCE ACT, 1991.

 This Act, unique to India, on the owner the liability to immediate relief in respect of death or to any person or damage to any property resulting from an accident while handling hazardous any of the notified hazardous chemicals.

 This relief has to be provided on ‘no fault’ basis.  The owner handling hazardous chemical has to take an insurance policy to meet this liability of an amount equal to its “Paid up capital” or up to Rs. 500 millions, whichever less. The policy has to be renewed every year.

 The CCG is the apex body in the country to deal with and provide expert guidance for planning and handling major chemical accidents. It continuously monitors the post- accident saturation and suggests measures for prevention occurrence of such accidents.

 MOEF, GOI has published a state-wise list of experts and concerned officials. The is the apex body of the state chaired by the Chief Secretary Consisting of GOI officials, technical experts and industry representatives and deliberates on planning, preparedness and mitigation of chemical accidents to reduce the loss of life, property and ill-health.

 The SSCG reviews all the District off-site Emergency plants for its adequacy.  District Collector is the Chairman of DCG serving as apex body at the district level. DCG will review all the on-Emergency plants prepared by the occupier of the MAH installations and conduct one full-scale of the off-cist Emergency plan at a site each year.

 These rules enable preparation of on and off- site emergency plans, updation and conduction of mock-drills.

X. THE BIOMEDICAL WASTES (MANAGEMENT AND HANDLING) RULES, 1998.

 The Biomedical Waste (Management and Handling) Rules, 1998 regulates the disposal of biomedical wastes including anatomical waste, blood, body fluids medicines, glass wares and animals wastes by the health care institution (i.e. nursing homes, clinics, dispensaries, veterinary institutions, animal houses pathological laboratories and banks etc. in the cities having population more than 30 Lakh or all the hospitals with bed strength more than 500.

 They are required to install and commission requisite facilities like incinerators, autoclaves, microwave system etc. the treatment of biomedical waste.

 All the persons handling such sides are required to obtain permission from the Appropriate Authority.  Segregation of biomedical waste at source been made mandatory for all the institutions and organizations dealing with them. These rules make the generator of biomedical wastes liable to segregate, pack, store, transport, treat and dispose the biomedical waste in an environmentally sound manner.

XI. MUNICIPAL WASTES (PROCESS AND DISPOSAL) DRAFT RULES, 1999.

 Under these rules, municipal authority is made responsible for implementation of the provisions of these rules and for any in structural development for collection, storage, segregation transportation, processing and disposal of MSW and to comply with these rules.

 Annual report is to be submitted by Municipal authority in From-I to the District Magistrate/ Deputy Commissioner who shall have the power to enforce these rules. We shall be managed as per Schedule-II.

 Disposal of MSW shall be through landfill as per specifications and standards laid down in schedule-III.

 The standards for compost and disposal of treated leachate shall be followed by Municipal Authorities as per Schedule-IV.

XII. THE RECYCLED PLASTIC MANUFACTURE AND USAGE RULES, 1999.

 Under these rules, use of carry bags or containers made of recycled plastics for storing, carrying dispensing or packaging of foodstuffs is prohibited.

 Carry bags or containers made of plastics can be manufactured only when (i) virgin plastic in its natural shade or white is used and (ii) recycled plastic is used for purposes other than storing and packaging foodstuff using pigments and colorants as per IS: 9833:

 Recycling of plastics is to be undertaken strictly in accordance with the Bureau of Indian standards Specification IS: 14534: 1998 entitled “The Guideline for Recycling of Plastics”.  Manufacture has to print on each packet of carry bags as ‘Made of Recycled Material’ or ‘Virgin Plastic’. The minimum thickness of carry bags should not be less than 20 microns.  Finally, Plastic Industry Association through their member units has to undertake self- regulatory measures.

XIII. THE FLY ASH NOTIFICATION, 1999.

 Registration is accorded by the MOEF to only those units, which have in place appropriate manufacturing technology, pollution prevention systems and suitable arrangements for waste disposal.

 Importers of new batteries, dealers as well as organization auctioning used batteries have been brought under the purview of these rules.  Only those re-processors registered with MOEF would be able to participate in sale by auction or contract. As a result, middlemen and backyard smelters are debarred from participation in any auction within the country.  Manufactures have to incorporate suitable provisions for buyback, in case of bulk sale of batteries by the manufacturers to bulk consumers.  Recycling of ferrous metals such as lead and zinc helps to save energy vis-à-vis primary metal production and is environment-friendly if reprocessing is done with suitable arrangements for pollution a control and waste disposal. They also help conserving precious metal resources.

REFERENCES

[1] Pollution Control Law Series: Pollution Control Acts, Rules and Notification Issued

There under, Central Pollution Control Board, Ministry of Environment and Forest, Government of India, 2006.

[2] www.moef.nic.in.

[3] www.moefroclko.org.