Pollution Control Boards

POLLUTION CONTROL BOARDS AND POLLUTION CONTROL ACTS SYNOPSIS A. POLLUTION CONTROL ACTS 1.Constitutional Provisions 2.Indian Penal Code and Criminal Code Provisions 3.Major Environmental Legislations in India B.POLLUTION CONTROL BOARDS 1. Central Pollution Control Board 2. State Pollution Control Board

A. POLLUTION CONTROL ACTS Every country has its own rules and regulations towards environmental pollution. In India, the laws pertaining to environment can be studied under three heads 1. Constitutional Provisions 2. Indian Penal Code and Criminal Code Provisions 3. Major Environmental Legislations in India 1. CONSTITUTIONAL PROVISIONS India is one of the few countries to have included environment protection in the constitution itself. In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers and wildlife’. The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". Environmental protection is a fundamental duty of every citizen of this country under Article 51A(g) of our Constitution which reads as follows:"It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures." Apart from these two important articles, Article 253 of our Indian Constitution is also vital, as it provides the power to create environmental legislations. 2. INDIAN PENAL CODE PROVISIONS The Indian Penal Code has a chapter on offences affecting Public Health, Safety, Convenience (Chapter XIV Sec 268, 269,270,271,272,277,278,284,286,287,288,289,290). Sec. 268 provides

that "a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right." The section further explains that a common nuisance is not excusable on the ground that it causes some convenience or advantage. Other concerned provisions are: a "negligent act likely to spread infection or disease dangerous to life" (Sec. 269 I.P.C.), a "malignant act likely to spread infection or disease dangerous to life" (Sec. 270 I.P.C.), "making atmosphere noxious to health" (Sec. 278 I.P.C.). But the essential requirement of the provision to punish a man is the guilty intention of the accused, i.e. either the act of the accused should be negligent, malignant or voluntary, which vitiates the atmosphere. In case of public nuisance, the Penal Code provides for fines up to Rs.200/- by way of punishment (Sec.290I.P.C.) and for making the atmosphere noxious to health Rs.500/- only (Sec.78 I.P.C.). The punishments are too meagre to meet the objectives. With these penal provisions, it is not possible to check environmental pollution. The Indian Criminal Code too has its own provisions that can be used for environment protection through sections 133 & 144. The Magistrates can use these provisions to bring those causing dangerous environmental pollution as criminals. 3. MAJOR ENVIRONMENTAL LEGISLATIONS IN INDIA The constitutional/IPC provisions are backed by a number of laws – acts, rules and notifications. The major environmental legislations in India are GENERAL/LAND 1986 – The Environment (Protection) Act authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds. 1986 – The Environment (Protection) Rules lays down procedures for setting standards of emission or discharge of environmental pollutants. 1989 – Hazardous waste (Management and Handling) Rules objective is to control generation, collection, treatment, import, storage and handling of hazardous waste. 1989 – The Manufacture, Storage and Import of Hazardous Chemical Rules defines the terms used in this context, and sets up an Authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities. 1989 – The Manufacture, Use, Import,, Export and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules were introduced with a view to protect the environment, nature and health, in connection with the application of gene technology and micro organisms.

1991 – The Public Liability Insurance Act and Rules and Amendment, 1992 was drawn up to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident while handling any hazardous substance. 1995 – National environmental Tribunal Act has been created to award compensation for damages to persons, property and the environment arising from any activity involving hazardous substances. 1998 – Biomedical (Management & Handling) Rules 2000 – Municipal Solid Wastes (Management & Handling) Rules

FOREST AND WILDLIFE 1927 – Indian Forest Act and Amendment 1984 is one of the many surviving colonial statutes. It was enacted to ‘consolidate the law related to forest, the transit of forest produce and the duty leviable on timber and other forest produce. 1972 – Wildlife Protection Act, Rules 1973 and Amendment 1991 provides for the protection of birds and animals and for all matters that are connected to it whether it be their habitat or the waterhole or the forest that sustain them. 2002 – National Biological Diversity Bill. WATER 1974 – The Water (Prevention and Control of Pollution) Act establishes an institutional structure for preventing and abating water pollution. It establishes standards for water quality and effluent. Polluting industries must seek permission to discharge waste into effluent bodies. The Pollution Control Board (CPCB) was constituted under this act. 1977 – The Water (Prevention and Control of Pollution) Cess Act provides for the levy and collection of cess or a fees on water consuming industries and local authorities. 1978 – The Water (Prevention and Control of Pollution) Cess Rules contains the standard definitions and indicate the kind of and location of meters that every consumer of water is required to affix. 1991 – Coastal Regulation Zone Notification puts regulations on various activities, including construction, are regulated. It gives some protection to the backwaters and estuaries. AIR 1981 – Air (Prevention and Control of Pollution) Act provides for the control and abatement of air pollution. It entrusts the power of enforcing this act to the Central Pollution Control Board.

1982 – Air (Prevention and Control of Pollution) Rules defines the procedures of the meetings of the Boards and the powers entrusted on them. 1987 – Air (Prevention and Control of Pollution) Amendment Act empowers the central and state pollution boards to meet with grave emergencies of air pollution. 1988 – Motor Vehicles Act states that all hazardous waste is to be properly packaged, labeled and transported. 2000 – Noise Pollution (Regulation & Control) Rules The authority to check environmental pollution in India is done by the CPCB(Central Pollution Control Board) and the SPCB(State Pollution Control Board). In this section, let us briefly understand these two statutory bodies – the environmental police.

THE CENTRAL POLLUTION CONTROL BOARD The Central Pollution Control Board (CPCB), statutory organisation, was constituted in September, 1974 under the Water (Prevention and Control of Pollution) Act, 1974. and is entrusted with the powers and functions under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act,1974. The CPCB is based on New Delhi, but has zonal offices in the areas of Lucknow, Bhopal, Shillong, Baroda, Kolkata and Bangalore. Currently Dr. V. Rajagopalan is the Chairman of CPCB • • • •

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Advise the Central Government on any matter concerning prevention and control of water and air pollution and improvement of the quality of air. Plan and cause to be executed a nation-wide programm for the prevention,control or abatement of water and air pollution; Co-ordinate the activities of the State Board and resolve disputes among them; Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation and research relating to problems of water and air pollution, and for their prevention, control or abatement; Plan and organise training of persons engaged in programme on the prevention, control or abatement of water and air pollution; Organise through mass media, a comprehensive mass awareness programme on the prevention, control or abatement of water and air pollution; Collect, compile and publish technical and statistical data relating to water and air pollution and the measures devised for their effective prevention, control or abatement; Prepare 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;

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Disseminate information in respect of matters relating to water and air pollution and their prevention and control; Lay down, modify or annul, in consultation with the State Governments concerned, the standards for stream or well, and lay down standards for the quality of air; and Perform such other function as may be presecribed by the Government of india.

MAJOR FUNCTIONS OF THE STATE POLLUTION CONTROL BOARDS The Water (Prevention and Control of Pollution) Act (1974)5 and Air (Prevention and Control of Pollution) Act (1981)6 assign the following functions to the State Pollution Control Boards. They are mainly: to plan a comprehensive programme for the prevention control or abatement of pollution of streams and wells in the state and to secure the execution thereof under Section 17 of the Water Act and similarly for the control of air pollution in the state under Section 17 of the air Act. -

to advise the State Government on any matter concerning th prevention, control or abatement of water and air pollution.

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to collect, compile and disseminate information relating to water and air pollution and the prevention, control or abatement thereof.

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To encourage, conduct and participate in investigations and research relating to problems of water and air pollution and prevention, control or abatement thereof. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water and air pollution and to organise mass education programmes relating thereof.

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to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans specifications or other data relating to plants set up for the treatment of water works for the purification thereof and the system of the disposal of sewage or trade effluents or in connection with the grant of any consent as required by the Water Act.

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to inspect at all reasonable times any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution as specified in the Air Act.

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to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas.

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to lay down, modify or annual effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-state stream) resulting from the discharge of effluents and to classify waters of the state under Water Act.

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similarly to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutants into the atmosphere from any other source whatsoever not being a ship or an aircraft.

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to evolve economical and reliable methods of treatment of sewage and trade effluents having regard to the conditions of soil, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution.

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To advise the state government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air or water pollution.

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To evolve methods of utilisation of sewage and suitable trade effluents in agriculture.

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To perform such other functions as may be prescribed or as may from time to time, be entrusted to it by the Central Board or the State Government.

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To establish or recognise laboratories for analysis of water samples of any sewage or trade effluents and air samples.