ENVIRONMENTAL LAWS

Root cause of Environmental Pollution: Business Environment takes i/ps from the natural envt incl petroleum, food, air, water, raw materials like wood, fuels, minerals and metals etc., This ecological borrowing is the root of environmental crisis. The effects of Economic Growth on the Environment: Generally Man-Resource-Environment relationship is imbalanced when the per capita consumption of goods and resources goes up. Globalisation is a powerful driving force behind today s biological implosion. Apart from usage of raw materials, trade in timber, minerals and other natural commodities is climbing. The world s hotspot of biological diversity are now threatened by a surge of international investments in resource extraction. Generally population, energy consumption and mining are a threat to the ecosystem.

Social and Economic effects of Water & Air Pollution: Water Pollution: Economic effects are in the form of damage to property, damage to land, reduction in crop productivity, loss of plants and animals of economic importance like reduced fish catch, reduced drinking water availability, illness and death caused by pollution. Air Pollution: 1) Monetory loss due to illness and death 2) Accidental injury due to reduced visibility because of smog and pollution 3) Losses due to damage to crops and vegetation 4) Investment loss in control of air pollution industrial, societal and govt expenditure for maintaining public health.

Steps involved in Environmental planning

1) 2) 3) 4) 5) 6) Environmental planning Planned exploitation , utilisation, conservation and development of these resources to achieve certain short-term and long-term objectives. Assessment of envt resources both renewable and nonrenewable and their present status Determine the rate at which the envt resources would need to be exploited Identify the envt problems which exist or would arise in the course of exploitation and use of envtl resources Preparing an integrated short term as well as long term plan for tackling all envtl problems Creating the necessary constitutional and legal framework, the institutional set up and the admn infrastructure for proper implementation, monitoring and review of the envtl plan. Integrating the envtl plan with the plan for socio-economic development of the country.

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

According to the act: Water pollution is defined as such contamination of water or such alteration of the physical, chemical or biological properties of water or discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water(whether directly or indirectly) which may create a nuisance or render such water harmful or injurious to public health or safety or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.

Objective of the act

To provide for the prevention and control of water pollution To maintain or restore wholesomeness of water To establish pollution control boards. To confer on pcbs powers and functions related to pollution and control of water pollution. Definition of the term pollution :  contamination of water  such alteration of the physical, chemical or biological properties of water  discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water  such water harmful or injurious to public health or safety or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.

CENTRAL POLLUTION CONTROL BOARD

STATE POLLUTION CONTROL BOARD Central and State Pollution Control Boards

A full time Chairman Not more than 5 officials as representatives of the Central Govt

A Chairman Not more than 5 officials as representatives of the State Govt from among the local authorities

Not more than 5 officials as State Govt representatives of whom not exceeding 2 shall be representing local authorities Not more than 3 members to represent the interest of agriculture, fishery, industry or trade or any other trade Not more than 3 members to represent the interest of agriculture, fishery, industry or trade or any other trade

CENTRAL POLLUTION CONTROL BOARD

STATE POLLUTION CONTROL BOARD

2 persons to represent the companies or corporations owned, controlled or managed by the Central Govt A full time member secretary possessing qualifications, knowledge and experience of different aspects of pollution control

2 persons to represent the companies or corporations owned, controlled or managed by the State Govt A full time member secretary possessing qualifications, knowledge and experience of different aspects of pollution control

* Joint Pollution Control Boards can be formed by agreement between two or more govt of the neighbouring states. JPCB can also be created by agreement between the Central Govt (wrt one or more Union Territories) and one or more govts of the state

Functions of the CPCB

1. Advise the Central Govt on matters relating to prevention and control of water pollution 2. Co-ordinate the activity of the SPCB and resolve dispute among them 3. Provide technical assistance and guidance to the SPCBs 4. Plan and organise the training of persons engaged in programs of prevention and control of water pollution 5. Organise comprehensive programs through mass media 6. Collect, compile and publish technical and statistcial data related to water pollution 7. Lay down, modify or annul the stds of a stream or well. 8. Plan execute a nation wide program on prevention control and abatement of water pollution 9. Establish or recognise labs to carry out the above 10. Perform such other function as may be prescribed

Function of SPCB
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. To plan a comprehensive program for prevention, control or abatement of pollution of streams and wells in the state. To advise the state govt on the above To collect and disseminate information related to the above To encourage, conduct and participate investigations and research related to the above To collaborate with CPCB in organising and training persons To inspect sewage or trade effluents, plants for the treatment of sewage and review the plan, specification and other data. To lay down, modify or annul effluent std for sewage and trade effluents. To evolve methods of utilisation of sewage and trade effluents in agriculture. To evolve efficient methods of disposal of sewage and trade effluents to be discharged into any particular stream. To lay down effluent stds to be complied by persons /plants while discharging sewage To establish or recognise laboratories to enable the board to perform the above functions efficiently. To advise the State Govt wrt to the location of any industry which is likely to pollute a stream or well To perform such other functions as prescribed

Powers of the CPCB

CPCB is empowerd to give directions to the SPCB The CPCB has powers to perform any functions of the SPCB in case of non-compliance by SPCB The CPCB is empowered to issue directions to direct: a) The closure, prohibition or regulation of any industry, operation or process b) The stoppage or regulation of supply of electricity, water or any other service.

Powers of the SPCB

Power to obtain information: It can survey any area and record the flow of volume of stream or well. The details of abstraction of water or discharge of sewage into the stream should be given to the SPCB by the concerned person/establishment Power to take samples of effluents for analysis Power of entry and inspection Power to impose restriction on new outlets and new discharges Power to refuse or withdraw consent for establishment of any industry. Power to carry out emergency operations in case of pollution of the stream. * Prohibition may include punishments from 3 months to 7 years and fine upto Rs.10,000

Air (Prevention and Control of Pollution) Act, 1981

Air Pollution may be described as the imbalance in the quality of air, which causes ill effects. Air pollutants are those materials that exist in such concentration so as to cause unwanted effects Air pollutants can be broadly classified into two groups: a) Gaseous pollutants Primary gaseous pollutants are CO2, SO2, H2S, HF, HCl, NO, NO2 and hydrocarbons
b) Particulate pollutants are both solid and liquid particles. They vary in size, ranging from 0.01 micron to 20 microns. Pollutants in the atmosphere are dust,smoke, fume, mist, spray, smoke etc., Cement, steel and thermal power plants are the main source of industrial air pollutants Health hazards include Lung cancer, bronchitis and asthma and even death.

Object of the Air Act

1. 2. 3. 4. 5. To provide for the prevention of air pollution For control of air pollution For abatement of air pollution For the establishment of PCBs For conferring and assigning powers and functions on such Boards. 6. To implement decisions taken in UN conference on human envt , 1976 UN Framework Convention on climate change (UNFCCC) in Copenhagen where India has voluntarily agreed on Carbon emission cut by 25% by 2020

Functions of the Central Pollution Control Board

To improve the quality of air. To prevent, control or abate air pollution in the country Advise the Central govt on any matter concerning the improvement of quality of air Plan and execute a nation-wide program for the prevention, control or abatement of air pollution. Co-oridnate the activities of the State Boards and resolve disputes among them. Provide technical assistance and guidance to the state boards. Carry out and sponsor investigations and research related to problems of air pollution and prevention Plan and organise training of persons engaged Organise a comprehensive pgm through mass media Collect, compile and publish technical and statistical data relating to air pollution

Functions of CPCB contd..

Prepare manuals, codes and guides relating to prevention,control and abatement of air pollution Lay down stds for the quality of air Collect and disseminate information in respect of matters relating to air pollution Recognise laboratories to enable the Central board to perform its function Delegate functions to any of the committees appt by it Performs such other function as may be prescribed

 To plan a comprehensive program for the prevention, control and abatement of air pollution and execute To advise the state govt To collect and disseminate information related to air pollution To collaborate with the Central board in organising training program of persons To organise mass-education program relating to prevention, control or abatement of air pollution. To inspect at all reasonable times, any control eqpt, industrial plant or mfg process. To inspect air pollution control areas at such intervals, as it may think as necessary and assess the quality of air therein. To lay down standards of emission of air pollutants into the atmosphere from industrial plants and automobiles To advise the state govt wrt suitability of any premises for starting an industry which may cause air pollution.

Functions of SPCB

Powers of the Central Pollution Control Board

The power to issue any direction includes the power to direct a) The closure, prohibition or regulation of any industry, operation or process ; or b) The stoppage or regulation of supply of electricity, water or any other service

Powers of the State Pollution Control Board

a) b) c) d) e) f) g) Power to grant, refuse and cancel consent Power to make application to court for restraining persons from causing air pollution. Power to take certain remedial measures to mitigate the emission of air pollutants Power of entry and inspection Power to obtain information Power to take samples of air or emission Power issue directions include the power to direct a) the closure, prohibition or regulation of any industry, operation or process b) the stoppage or regulation of supply of electricity, water or any other service.

Penalties and Legal proceedings

If a person operates any indstl plant in any air pollution control area without the previous consent of the state board In any air pollution control area emission of any air pollutants is in excess of the stds laid down by the SPCB If any person fails to comply with the directions given by the PCB (may be close, prohibit or regulate pollution) Then shall be punishable with imprisonment for a term not less than 1 and yrs which may extend upto 6 yrs with fine. There may be additional fine of Rs.5000 everyday if the failure continues. The Metropolitan Magistrate or Judicial Magistrate court shall take cognizance of the offence in both Air and Water pollution The Air and Water act has barred the Jurisdiction of Civil Courts to entertain any suit or proceedings.