Industrial Pollution Control Act
Industrial Pollution Control Act
What is CPCB?
- The Central Pollution Control Board (CPCB) of
India is a statutory organisation under the Ministry of
Environment, Forests and Climate Change. (Know the difference between the statutory and
quasi-judicial body in the linked article.)
- Established in 1974 under the Water
(Prevention and Control of Pollution) Act and later entrusted with
functions and responsibilities under the Air (Prevention and Control of Pollution) Act,
1981.
- Water Pollution:
- Water
pollution can be defined as the contamination of water bodies. Water
pollution is caused when water bodies such as rivers, lakes, oceans,
groundwater, and aquifers get contaminated with industrial and
agricultural effluents.
- Air Pollution:
- Air
pollution refers to any physical, chemical or biological change in the
air. It is the contamination of air by harmful gases, dust and smoke
which affects plants, animals, and humans drastically. Click here to
read about Air Pollutants.
CPCB Organisational Structure
CPCB is led by its Chairman followed by the Member Secretary,
and other members. The CPCB performs its various functions through the
following nine major project budget heads.
- Pollution assessment (survey and
monitoring).
- R&D and laboratory management.
- Development of standards and
guidelines for industry-specific emissions and effluent standards
- Training
- Information database management and
library
- Pollution control technology
- Pollution control enforcement
- Mass awareness and publications
- Hazard waste management
Powers and Functions of CPCB
- Advising the Central and State Government on
matters related to prevention, improvement and control of Air and Water
pollution.
- Planning various programs to control and
prevent Air & Water pollution
- Planning and organising training programs for
people involved in activities for the prevention, improvement and control
of Air and Water pollution.
- Collecting, compiling, and publishing
statistical and technical reports related to Air & Water Pollution.
These reports are used to develop preventive measures to control and
reduce pollution.
- Preparing manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents as well as for stack gas cleaning devices, stacks and ducts.
Air Quality Monitoring
- To monitor the ambient air quality, CPCB
launched a nationwide programme called National Air Quality
Monitoring Programme (NAMP).
|
NAMP
|
Water Quality Monitoring
- Fresh water is a limited resource and is
essential for human existence and their activities.
- India is a riverine country. It has 14 major
rivers, 44 medium rivers and 55 minor rivers besides numerous lakes, ponds
and wells which are used as primary source of drinking water even without
treatment.
- One of the important function of CPCB is to
collect, collate and disseminate technical and statistical data relating
to water pollution. Also, collaborate with various stakeholders to control
water pollution.
|
National Water Quality Monitoring Programme
(NWMP)
|
Air Pollution Control
Act 1981:
The Air (Prevention and Control of
Pollution) Act, 1981, aimed to address the growing problem of air pollution in
India by establishing regulatory bodies, setting standards, and empowering them
to prevent, control, and abate air pollution.
Needs and Objectives:
· Addressing a Growing Problem:
The Act was
enacted to address the increasing concern and recognition of air pollution as a
significant threat to public health and the environment in India.
· Preventing, Controlling, and Abating Air Pollution:
The primary
objective was to prevent, control, and abate air pollution from various
sources, including industrial emissions, vehicular exhausts, and other
pollutants.
· Establishing Regulatory Bodies:
The Act provided
for the establishment of Central and State Pollution Control Boards (CPCB and
SPCBs) to implement and enforce environmental standards.
·
Empowering Boards:
The Act conferred
powers and functions on these boards to monitor air quality, take samples, and
issue directives for pollution control.
·
Setting Standards and Regulations:
The Act empowered
the boards to set standards for air quality and emissions, and to issue
regulations for the prevention and control of pollution.
·
Promoting Public Awareness:
The Act also
aimed to promote public awareness about air pollution issues and the importance
of environmental protection.
·
Protecting Human Health and Environment:
The ultimate goal
was to improve air quality, protect human health, and safeguard the environment
from the adverse effects of air pollution.
·
Industrial Plant Regulations:
The Act included
provisions to restrict the establishment and operation of industrial plants in
air pollution control areas without the consent of the State Board.
·
Monitoring and Enforcement:
The Act empowered
the boards to take samples of air or emissions, conduct investigations, and
take necessary action against polluters.
Air Quality Act 2004 (Act No 39 of 2004)
The South African National Environmental
Management: Air Quality Act, 2004 (Act No. 39 of 2004) aims to reform air
quality regulation, protect the environment, prevent pollution, and promote
sustainable development by establishing national norms and standards for air
quality monitoring, management, and control.
Needs Addressed by the Act:
· Reform of Air Quality Regulation:
The Act seeks to update and
improve the legal framework for managing air quality.
· Environmental Protection:
It aims to protect the
environment by preventing pollution and ecological degradation.
· Ecological Sustainable Development:
The Act promotes sustainable
development that balances environmental protection with economic and social
progress.
· National Norms and Standards:
It provides for the
establishment of national standards for air quality monitoring, management, and
control.
· Mechanisms for Compliance:
The Act mandates mechanisms to
ensure compliance with ambient air quality standards.
Objectives of the Act:
·
P Protect human health and the environment:
The primary objective is to
safeguard human health and the environment from the harmful effects of air
pollution.
·
P revent and control air pollution:
The Act aims to prevent and control
air pollution through the implementation of national norms and standards.
· Promote sustainable development:
It aims to promote sustainable
development by balancing environmental protection with economic and social
progress.
· Establish a national framework:
The Act establishes a national
framework for air quality management, including mechanisms for monitoring,
management, and control.
·
I Identify substances and mixtures:
The Act mandates the
identification of substances or mixtures of substances in ambient air that pose
a threat to health and the environment.
·
AiQuality Plans:
The Act requires national
departments and provinces to prepare air quality management plans as part of
their environmental implementation or management plans.
(Act No 6 of 1974)
The Water (Prevention and Control of
Pollution) Act, 1974, enacted to address growing water pollution concerns, aims
to prevent and control water pollution, maintain/restore water wholesomeness,
and establish pollution control boards at both the central and state
levels.
Needs:
· Growing Water Pollution:
The Act was a
response to escalating water pollution from industrial, agricultural, and
domestic sources, posing serious health and environmental risks.
· Protecting Water Resources:
The need to
safeguard India's water resources, including rivers, lakes, and groundwater,
for various uses, including drinking, irrigation, and industry, was
crucial.
·
EsEtablishing Regulatory Framework:
The Act aimed to
establish a robust legal and institutional framework for preventing and
controlling water pollution, ensuring accountability and enforcement.
Objectives:
· Preventing Water Pollution:
The Act seeks to
prevent the discharge of pollutants into water bodies by implementing measures
to control industrial and domestic effluents, and regulating activities that
lead to water contamination.
· Maintaining and Restoring Water Wholesomeness:
The Act aims to
ensure that water is free from contaminants and safe for various uses,
including drinking, irrigation, and industrial purposes.
· Establishing Pollution Control Boards:
The Act mandates
the establishment of the Central Pollution Control Board (CPCB) and State
Pollution Control Boards (SPCBs) to oversee the implementation of the Act and
enforce its provisions.
Consent exemptions for establishing industries:
As per the Act, prior consent of the SPCB is required for establishing any industry or treatment plant, which is likely to discharge sewage into a water body, sewer, or land. The Bill specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent. The Bill also adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB. Under the Act, establishing and operating an industry without obtaining such consent from the SPCB is punishable with imprisonment up to six years and fine. The Bill retains this. It also penalises tampering with monitoring devices used in determining whether any industry or treatment plant can be set up. The penalty will be between Rs 10,000 and Rs 15 lakh.
Chairman of State Board:
Under the Act, chairman of an SPCB is nominated by the state government. The Bill adds that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.
Discharge of polluting matter: Under the Act, the SPCB may issue directions to immediately restrain any activity which is leading to discharge of noxious or polluting matter in water bodies. The Act also prohibits violation of standards (laid down by SPCB) regarding polluting matter in water bodies or on land, barring some exemptions. Exemptions include depositing non-polluting materials on the bank of a stream for reclaiming land. Violation of these provisions is punishable with an imprisonment term between one and a half years and six years, and a fine. The Bill removes the punishment and instead, imposes a penalty between Rs 10,000 and Rs 15 lakh.
Penalty for other offences:
Under the Act, an offence for which punishment is not explicitly specified is punishable with an imprisonment term of up to three months or a fine of up to Rs 10,000, or both. The Bill removes imprisonment as a punishment, and prescribes a penalty between Rs 10,000 and Rs 15 lakh. Failure to pay penalty for violation of any provision under the Act will attract an imprisonment term of up to three years, or a fine up to twice the amount of penalty imposed.
Adjudicating officer to determine penalties:
The Bill allows the central government to appoint adjudication officers to determine penalties under the Act. The officer must be of the level of a Joint Secretary to the central government, or of Secretary to the state government. Appeals against orders passed by the adjudicating officer may be made before the National Green Tribunal, after depositing 10% of the penalty levied. Penalties imposed by the adjudicating officer will be credited to the Environment Protection Fund established under the Environment (Protection) Act, 1986.
Cognizance of offences:
As per the Act, a court may take cognizance of an offence if a complaint is made by the CPCB or SPCB, or a person who has given a notice of the complaint to the Boards. The Bill adds that cognizance may also be taken if a complaint is made by the adjudicating officer.
Offences by government departments:
Under the Act, the head of a department will be deemed guilty for offences committed by government departments, provided that they prove due diligence was carried out to avoid such contravention. The Bill specifies that the head of a department will be required to pay penalty equal to one month of their basic salary if the department violates any provision of the Act.
Salient Features of Hazardous waste management rules 2016:
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, aim to enhance hazardous waste management by expanding the scope to include "other wastes," emphasizing waste management hierarchy, and streamlining procedures for approvals and authorizations.
Here's a more detailed look at the salient
features:
1. Expanded Scope:
·
The rules now encompass "other wastes" in addition to
hazardous wastes, broadening the scope of waste management.
·
This includes waste tires, paper waste, metal scrap, used electronic
items, etc.
2. Waste Management Hierarchy:
·
The rules prioritize a waste management hierarchy: prevention,
minimization, reuse, recycling, recovery, co-processing, and safe
disposal.
·
This encourages the reduction of hazardous waste generation and promotes
recycling and reuse.
3. Streamlined Procedures:
·
Procedures for obtaining permissions, import/export, filing annual
returns, and transportation have been simplified.
·
A single-window clearance is provided for setting up hazardous waste
disposal facilities and importing other wastes.
4. Authorisation Requirement:
·
Every occupier involved in the generation, handling (collection,
storage, transportation), and processing (treatment, recycling, disposal) of
hazardous waste must obtain authorization from the State Pollution Control
Board (SPCB) or Pollution Control Committee (PCC).
·
This ensures responsible management of hazardous waste.
5. Standard Operating Procedures
(SOPs):
·
The rules prescribe basic infrastructure requirements and Standard
Operating Procedures (SOPs) specific to waste types to safeguard health and the
environment.
·
These SOPs must be complied with by stakeholders and ensured by SPCB/PCC
while granting authorization.
6. Co-processing:
·
Co-processing, using waste as a supplementary resource or for energy
recovery, is promoted as a preferential mechanism over disposal.
7. Import/Export Restrictions:
·
The rules specify strict guidelines for the import and export of
hazardous wastes, including restrictions on certain types of waste.
·
Some hazardous wastes are not permitted for import.
8. Responsibilities of Occupiers:
·
Occupiers are responsible for the safe and environmentally sound
management of hazardous and other wastes.
·
They must obtain authorization, maintain records and manifests, and
submit annual returns as stipulated in the rules.
Comments
Post a Comment