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Environment Protection Act, 1986 It is umbrella Central legislation providing a framework for the co-ordination of central and state

authorities (Central & State Pollution Control Boars) established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981. Central government is empowered to set standards for emissions and discharges; regulate the location of industries; management of hazardous wastes, and protection of public health and welfare. Central government issues notifications (like Environmental Impact Assessment, 1994 & 1997, Coastal Regulation Zone, 1991) etc. under this Act to protect ecologically-sensitive areas or issues guidelines for matters under the EPA. The Act authorizes Government to formulate rules to prescribe the standards of quality of air, water or soil for various areas and purposes; limits of concentration of various environmental pollutants (including noise) for different areas; procedures, safeguards, prohibition & restrictions for the handling of hazardous substances; restriction on the location of industries and carrying on process and operations in different areas; procedures and safeguards for prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. Further it provides provisions for entry onto, inspection & take samples from an industry site to check, regulate pollution. Penalty: Anyone (whether an individual, a corporate body or Government department) is found to contravene or not comply with provision in the Act, Rules made thereunder, directions, orders etc. are liable to imprisonment for a term extending upto five years and or fine extending upto one lakh rupees. Continuing violation may lead to additional fine of five thousand rupees for every day. In case of violation continuing for more than one year after date of conviction, the offender is punishable for imprisonment upto seven years. Environment Protection Rules, 1986 These rules lay down the procedures for setting standards of emission or discharge of environmental pollutants. The Rules prescribe the parameters for Central Government, under which Government can issue orders of prohibition and restrictions on the location and operation of industries. Further procedure & Forms for taking samples, serving notice, submitting samples for analysis and laboratory reports is laid down along with functions of the Government run laboratories are also described under the Rules along with the qualifications of the concerned analysts. It requires an industry (provided consent to operate under Air & Water Act & Hazardous Substances Rules) to submit Environment Audit Report every year.

Hazardous Wastes (Management and Handling) Rules, 1989 These rules are made under EPA, 1986 and are applicable on two categories of persons (one generating hazardous wastes & other who are involved in handling, collecting, treating & disposing the hazardous waste). It provides that specific hazardous waste if generated in prescribed quantity must be handled, stored, disposed in manner prescribed in the rules. It further prescribes procedure for seeking authorization from State Pollution Control Board by person/ company to collect, receive, transport, store, dispose the hazardous wastes and run a facility for such collection, disposal etc. It provides for Packaging guidelines of waste, Accident reporting, banning import of waste except only if approved by State Pollution Control Board. The same penalty as provided under EPA is applicable to any violation of these rules.

The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 These rules provide for hazardous chemicals and are formulated under EPA, 1986. These rules apply to any industrial activity where hazardous chemical (as per Schedule 1) is involved and also apply to isolated storage of a hazardous chemical as in Schedule 2. Occupier of Industry must identify the major accident hazards; and take adequate steps to prevent such major accidents and mitigate their consequences to persons and the environment & provide persons on industrial site with information/ training and equipment to ensure their safety. Industrialist is duty bound to inform occurrence of major accident to concerned authority (different authorities like Central/ State Pollution Control Board, Chief Inspector of Factories, Chief Controller of Explosives etc.) within 48 hours. Occupier shall before undertaking any industrial activity must seek an approval of concerned authority at least 3 months before commencing activity. Preparing a safety report; Conducting regular Safety Audits; Preparing Onsite emergency plans in prescribed formats; Manner of collection & dissemination of information (in form of safety data sheets, labeling the containers with prescribed information) with regard to hazardous chemical (whether manufactured or imported in India); and Records to be maintained by occupier of facility generating/ storing hazardous chemicals; Carrying out Mock-drills are few responsibilities upon person/ company manufacturing, importing and storing hazardous chemicals. The penalty is same as provided in EPA, 1986.

The Chemical Accidents (Emergency planning, preparedness and Response) Rules, 1996 These rules are again formulated under EPA, 1986. The rules are to check preparedness and response, during operation of on-site and Off-site Emergency Plans during a chemical accident/ disaster. The rules warrant establishment of Central/ State/ District & Local Crisis Groups by Central/ State Governments and Local authorities, and setting up of Central Alert System (functional Control Room) with information networking set up with State/ District Control Rooms. The Groups must publish a list of Major Accident Hazard installations, list of major chemical accidents & list of members of Center/ State/ District Crisis Group. The major function of Groups is to assist the Government in managing the chemical accident. Members of State Groups are Chief Secretary, Chief Fire Officer, and Chief Inspector of Factories etc. Local Group comprises of SDM, Inspector of Factories, Fire Officer, Industries representatives etc.

The Bio-medical Waste (Management and Handling Rules, 1998 Rules formulated under EPA, 1986 providing for duty of every facility generating bio-medical wastes. It generally applies to hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood banks etc. Bio-medical wastes must be treated before their disposal. Segregation, packaging, transporting and storage guidelines arte prescribed in these rules. Use of separate vehicles, Not keeping such waste beyond 48 hours, Standards for treating & disposing such waste, and Pre-Authorization for collecting/ treating/ transporting such waste from local authorities, submission of reports by generator of waste & authorized person to collect etc. waste, Record to be maintained, and accident reporting are few salient features of the rules. Penalty is as prescribed in the EPA, 1986.

The Noise Pollution (Regulation and Control) Rules, 2000 These rules made under EPA, 1986 divides areas into 4 zones (Industrial, Commercial, Residential, Silence) and prescribes the decibel limits of ambient air quality standards. It defines night time as 10.00pm to 6.00am and prescribes complete ban of use of loudspeakers etc. However in day time, permission of local authority is required to play loud speakers. A complaint can be filed to Authority who upon the report of SHO (Office In-charge of Police Station) can order the person violating the rules to comply with the standards.

The Ozone Depleting Substances (Regulation and Control) Rules, 2000 These rules were notified for regulation/ control of Ozone Depleting Substances ( ODS) under Montreal Protocol. Certain control and regulation has been imposed on manufacturing, import,

export, and use of these compounds. Organizations are required to phase out all equipment, which uses the ozone depleting substances, and is aiming at CFC free organization in near future. It provided for financial assistance to producer of ozone depleting substances for adopting suitable technology. It further prohibited import & export to certain countries. It prescribed forms and records to be maintained for compliance to the timelines in the schedules of these rules.

The Municipal Solid Wastes (Management and Handling) Rules, 2000 These rules are notified under EPA, 1986 and provide the legal framework for ensuring environment friendly management of various classified wastes. Detailed guidelines for treatment or disposal in specific manner are provided. Under these rules, it is obligatory upon all municipal authorities to arrange for collection, segregation, transportation and suitable disposal of municipal wastes of the municipal towns/cities. The municipal authority/ Operator of a facility must apply to Board for grant of authorization for setting up of waste processing and disposal facility including landfills, to the state Board.

The Batteries (Management and Handling) Rules, 2001 These rules made under EPA, 1986 are applicable to every person/ company/ consumer/ bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or its components. Manufacturer & dealer of batteries was liable to provide for collection of used batteries, file returns to Pollution Control Board, set up collection centers, & send these batteries to registered recycler. Importers & Recycler of batteries are required to be registered with Government & are required to file returns to Pollution Control Boards. Consumer & Bilk Consumer must not dispose the batteries other than the through the channel set up by manufacturer & dealers. Bul Consumer is required to file half yearly returns. These Rules were prepared on the concept of extended producer responsibility ensuring inter-alia that the generator of batteries takes the responsibility of environmental friendly recycling.

The Air (Prevention and Control of Pollution) Act, 1981 This Act provides for prevention, control and abatement of air pollution to preserve the quality of air. Central and State Pollution Boards constituted under Water (Prevention and Control Pollution) Act, 1974 are deemed as Boards and shall perform the functions under Air Act as well. State Govt. in consultation with SPCB may declare Air Pollution Control Area. A person can establish or operate any industrial plant only upon previous consent of State Pollution Control Board. Board must either grant or refuse to grant such consent within a period of four

months of application. Citizens are empowered to file judicial proceedings against the polluting industries if Board fails to take action or file such proceedings. Boards have powers to provide consultancy to state/ central governments, entry and carry out inspection for compliance of the Act, fix emission standards for different air pollutants (eg. emission norms under Motor Vehicles Rules), take samples of air or emission from any industrial premises, to give directions for closure, prohibition or regulation of any industry and can also issue directives for stoppage or regulation of supply of electricity/ water or any other services. Board is authorized to carry out detailed campaign to create awareness/ prescribe measures etc. to contain air pollution. Board must set up laboratories to ensure the compliance to emission standards by any industry. Board may also move a court of law to enforce its directions. State Govt. has powers to make rules under this Act. Boards decisions to refuse/ allow consent to operate is appealable to appellate authority (State Secretary of Environment). Failing to comply with provisions of Act or Board directions shall be punishable with minimum imprisonment of one and half year extending up to 6 years and with fine. In case failure continues, an additional fine of Rs Five thousand rupees per day can be imposed. Maximum sentence under the Act may extend to Seven years and fine.

The Water (Prevention and Control of Pollution) Act, 1974 The first law enacted to prevent and control land-based pollution. It prescribe the standards for effluent discharge and established the Central and State Pollution Control Board to enforce the provisions of the Act. Industry before its establishment must obtain a No Objection Certificate i.e., Consent to Establish and Consent to Operate from State Pollution Control Board. Power and functions are same as prescribed under Air Act, 1981. Procedure to take samples, establishment of Government/ Board Laboratories, prescribing effluent standards for industry discharge, lay down standards of treatment of waste, carry out inspections, procedure for disposal of industrial waste, advice central/ state governments, take emergency measures to contain water pollution, to direct the industry to comply with specific instructions and order regulation of supply of electricity/ water to ensure compliance of its directions, file complaints in the court to ensure compliance of its directions and citizens power to file complaints against industry are some of the features of this law. Penalty: The violation of the different provisions of the Act prescribes different terms of imprisonment & fine. In cone offence, minimum imprisonment of one and a half year is prescribed and in other offences maximum penalty may go upto seven years of imprisonment. Compulsory fine of different quantum must be levied in each violation.

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