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ERADICATION OF ENVIRONMENTAL POLLUTION IN INDIA
NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH
BHOPAL
AQIB KHAN & MAYANK RAJPUT
DAMODARAM SANJIVAYYA NATIONAL LAW
UNIVERSITY
VISAKHAPATNAM
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TABLE OF CONTENDS
1. Int!"#$t%!n................................ '
(. Int!"#$t%!n )n" "*+%n%t%!n !+ *n,%!n-*nt) /!#t%!n ................ 0
'. C)%+%$)t%!n !+ En,%!n-*nt) P!#t%!n ...................... 2
). A% P!#t%!n ....................... 2
3. W)t* P!#t%!n ........................4
$. S!% /!#t%!n 5L)n" "*6)")t%!n7.........................8
". N!%* /!#t%!n ..........................9
0. P!%$: )n" L); A+t* In"*/*n"*n$*............................................................................................1<
2. En,%!n-*nt) P!%$: S%n$* 19<=> ...............................................................................................19
4. P!%$: )n" L); A+t* In"*/*n"*n$*............................................................................................(1
<. En,%!n-*nt) P!%$: S%n$* 19<=> ...............................................................................................((
8. En,%!n-*nt) C!#t ....................................................................................................................('
9. C!n$#%!n........................................................................................................................................(0
1=. B%3%!6)/?:.....................................................................................................................................(2
INTRODUCTION
Environmental Policy and Legislations in India A policy is a board guideline for planners and administrators.
It lays down the general objectives and its execution is left to the administrators. Policy formulation
becomes indispensable because policy is in an instrument of transformation of a given environment into a
preferred environment. It is through a policy that we can precisely identify the problems; fix priority to form
alternative approaches and solutions; mae a choice among alternatives on the basis of comprehensive
analysis if benefits and costs; articulate the choice in terms of goals expressed; provide organi!ation"
personnel and resources to ensure effective implementation; and to lay down a mechanism for continuous
monitoring of the policy. In India" attention has been paid right from the ancient times to the present age in
the field of environmental protection and improvement. #istorically speaing" the laws relating to
environment improvement were simple but $uite effective and people were aware of the necessity of
environmental protection. %he present day legislations in India are the outcome of the growing
industriali!ation and population pressure. %here are stated to be over &'' (entral and )tate statues which
have at least some concern with environmental protection" either directly or indirectly. *esides that" the
common law and (onstitutional remedies relating to environmental protection are also there
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Int!"#$t%!n )n" "*+%n%t%!n !+ *n,%!n-*nt) /!#t%!n
+e now that" a living organism cannot live by itself. ,rganisms interact among themselves. #ence" all
organisms" such as plants" animals and human beings" as well as the physical surroundings with whom we
interact" form a part of our environment. All these constituents of the environment are dependent upon each
other. %hus" they maintain a balance in nature. As we are the only organisms try to modify the environment
to fulfil our needs; it is our responsibility to tae necessary steps to control the environmental imbalances.
%he environmental imbalance gives rise to various environmental problems. )ome of the environmental
problems are pollution" soil erosion leading to floods" salt deserts and sea recedes" desertification" landslides"
change of river directions" extinction of species" and vulnerable ecosystem in place of more complex and
stable ecosystems" depletion of natural resources" waste accumulation" deforestation" thinning of o!one layer
and global warming. %he environmental problems are visuali!ed in terms of pollution" growth in population"
development" industriali!ation" unplanned urbani!ation etc. -apid migration and increase in population in
the urban areas has also lead to traffic congestion" water shortages" solid waste" and air" water and noise
pollution are common noticeable problems in almost all the urban areas since last few years.
Environmental pollution is defined as the undesirable change in physical" chemical and biological
characteristics of our air" land and water. As a result of overpopulation" rapid industriali!ations" and other
human activities lie agriculture and deforestation etc." earth became loaded with diverse pollutants that
were released as byproducts. Pollutants are generally grouped under two classes/
0a1 *iodegradable pollutants 2 *iodegradable pollutants are broen down by the activity of microorganisms
and enter into the biogeochemical cycles. Examples of such pollutants are domestic waste products" urine
and faucal matter" sewage" agricultural residue" paper" wood and cloth etc.
0b1 3on *iodegradable pollutants 2 3onbiodegradable pollutants are stronger chemical bondage" do not
brea down into simpler and harmless products. %hese include various insecticides and other pesticides"
mercury" lead" arsenic" aluminium" plastics" radioactive waste etc.
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C)%+%$)t%!n !+ En,%!n-*nt) P!#t%!n
Pollution can be broadly classified according to the components of environment that are polluted. 4ajor of
these are/ Air pollution" +ater pollution" )oil pollution 0land degradation1 and 3oise pollution. 5etails of
these types of pollutions are discussed below with their prevention measures.
517 A% P!#t%!n@ Air is mainly a mixture of various gases such as oxygen" carbon dioxide" nitrogen. %hese
are present in a particular ratio. +henever there is any imbalance in the ratio of these gases" air pollution is
caused. %he sources of air pollution can be grouped as under
0I1 3atural; such as" forest fires" ash from smoing volcanoes" dust storm and decay of organic matters.
0ii1 4anmade due to population explosion" deforestation" urbani!ation and industriali!ations.
(ertain activities of human beings release several pollutants in air" such as carbon monoxide 0(,1" sulfur
dioxide 0),61" hydrocarbons 0#(1" oxides of nitrogen 03,x1" lead" arsenic" asbestos" radioactive matter" and
dust. %he major threat comes from burning of fossil fuels" such as coal and petroleum products. %hermal
power plants" automobiles and industries are major sources of air pollution as well. 5ue to progress in
atomic energy sector" there has been an increase in radioactivity in the atmosphere. 4ining activity adds to
air pollution in the form of particulate matter. Progress in agriculture due to use of fertili!ers and pesticides
has also contributed towards air pollution. Indiscriminate cutting of trees and clearing of forests has led to
increase in the amount of carbon dioxide in atmosphere. 7lobal warming is a conse$uence of green house
effect caused by increased level of carbon dioxide 0(,61. ,!one 0,81 depletion has resulted in 9: radiation
striing our earth.
#armful Effects of air pollution
0a1 It affects respiratory system of living organisms and causes bronchitis" asthma" lung cancer" pneumonia
etc. (arbon monoxide 0(,1 emitted from motor vehicles and cigarette smoe affects the central nervous
system
0b1 5ue to depletion of o!one layer" 9: radiation reaches the earth. 9: radiation causes sin cancer"
damage to eyes and immune system.
0c1 Acid rain is also a result of air pollution. %his is caused by presence of oxides of nitrogen and sulphur in
the air. %hese oxides dissolve in rain water to form nitric acid and sulphuric acid respectively. :arious
monuments" buildings" and statues are damaged due to corrosion by acid present in the rain. %he soil also
becomes acidic. %he cumulative effect is the gradual degradation of soil and a decline in forest and
agricultural productivity.
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0d1 %he green house gases" such as carbon dioxide 0(,61 and methane 0(#1 trap the heat radiated from
earth. %his leads to an increase in earth<s temperature.
5(7 W)t* P!#t%!n@ +ater is one of the prime necessities of life. +ith increasing number of people depend
on this resource; water has become a scarce commodity. Pollution maes even the limited available water
unfit for use. +ater is said to be polluted when there is any physical" biological or chemical change in water
$uality that adversely affects living organisms or maes water unsuitable for use. )ources of water pollution
are mainly factories" power plants" coal mines and oil wells situated either close to water source or away
from sources. %hey discharge pollutants directly or indirectly into the water sources lie river" laes" water
streams etc. %he harmful effects of water pollution are/
0a1 #uman beings become victims of various water borne diseases" such as typhoid" cholera" dysentery"
hepatitis" jaundice" etc.
0b1 %he presence of acids=alalies in water destroys the microorganisms" thereby hindering the self
purification process in the rivers or water bodies. Agriculture is affected badly due to polluted water. 4arine
ecosystems are affected adversely.
0c1 %he sewage waste promotes growth of phytoplanton in water bodies; causing reduction of dissolved
oxygen.
0d1 Poisonous industrial wastes present in water bodies affect the fish population and deprives us of one of
our sources of food. It also ills other animals living in fresh water.
0e1 %he $uality of underground water is also affected due to toxicity and pollutant content of surface water.
+ater pollution by industries and its effects 2 A change in the chemical" physical" biological" and
radiological $uality of water that is injurious to its uses. %he term >water pollution? generally refers to
humaninduced changes to water $uality. %hus" the discharge of toxic chemicals from industries or the
release of human or livestoc waste into a nearby water body is considered pollution.
%he contamination of ground water of water bodies lie rivers" laes" wetlands" estuaries" and oceans can
threaten the health of humans and a$uatic life. )ources of water pollution may be divided into two
categories. 0I1 Pointsource pollution" in which contaminants are discharged from a discrete location.
)ewage outfalls and oil spills are examples of pointsource pollution. 0ii1 3onpointsource or diffuse
pollution" referring to all of the other discharges that deliver contaminants to water bodies. Acid rain and
unconfined runoff from agricultural or urban areas falls under this category.
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%he principal contaminants of water include toxic chemicals" nutrients" biodegradable organics" and bacterial
@ viral pathogens. +ater pollution can affect human health when pollutants enter the body either via sin
exposure or through the direct consumption of contaminated drining water and contaminated food. Prime
pollutants" including 55% and polychlorinated biphenyls 0P(*s1" persist in the natural environment and
bioaccumulation occurs in the tissues of a$uatic organisms. %hese prolonged and persistent organic
pollutants are transferred up the food chain and they can reach levels of concern in fish species that are eaten
by humans. 4oreover" bacterial and viral pathogens can pose a public health ris for those who drin
contaminated water or eat raw shellfish from polluted water bodies.
(ontaminants have a significant impact on a$uatic ecosystems. Enrichment of water bodies with nutrients
0principally nitrogen and phosphorus1 can result in the growth of algae and other a$uatic plants that shade or clog streams. If wastewater containing biodegradable organic matter is discharged into a stream with
inade$uate dissolved oxygen" the water downstream of the point of discharge will become anaerobic and
will be turbid and dar. )ettle able solids will be deposited on the streambed" and anaerobic decomposition
will occur. ,ver the reach of stream where the dissolvedoxygen concentration is !ero" a !one of
putrefaction will occur with the production of hydrogen sulphide 0#6)1" ammonia 03#81" and other odorous
gases. *ecause many fish species re$uire a minimum of 2& mg of dissolved oxygen per litter of water" they
will be unable to survive in this portion of the stream.
5irect exposures to toxic chemicals are also a health concern for individual a$uatic plants and animals.
(hemicals such as pesticides are fre$uently transported to laes and rivers via runoff" and they can have
harmful effects on a$uatic life. %oxic chemicals have been shown to reduce the growth" survival"
reproductive output" and disease resistance of exposed organisms. %hese effects can have important
conse$uences for the viability of a$uatic populations and communities.
+astewater discharges are most commonly controlled through effluent standards and discharge permits.
9nder this system" discharge permits are issued with limits on the $uantity and $uality of effluents. +ater
$uality standards are sets of $ualitative and $uantitative criteria designed to maintain or enhance the $uality
of receiving waters. (riteria can be developed and implemented to protect a$uatic life against acute and
chronic effects and to safeguard humans against deleterious health effects" including cancer.
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5'7 S!% /!#t%!n 5L)n" "*6)")t%!n7@ Land pollution is due to
0i1 5eforestation and
0ii1 5umping of solid wastes.
5eforestation increases soil erosion; thus valuable agricultural land is lost. )olid wastes from household and
industries also pollute land and enhance land degradation. )olid wastes include things from household waste
and of industrial wastes. %hey include ash" glass" peelings of fruit and vegetables" paper" clothes" plastics"
rubber" leather" bric" sand" metal" waste from cattle shed" night soil and cow dung. (hemicals discharged
into air" such as compounds of sulfur and lead" eventually come to soil and pollute it. %he heaps of solid
waste destroy the natural beauty and surroundings become dirty. Pigs" dogs" rats" flies" mos$uitoes visit the
dumped waste and foul smell comes from the waste. %he waste may bloc the flow of water in the drain"
which then becomes the breeding place for mos$uitoes. 4os$uitoes are carriers of parasites of malaria and
dengue. (onsumption of polluted water causes many diseases" such as cholera" diarrhea and dysentery.
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507 N!%* /!#t%!n @ #igh level noise is a disturbance to the human environment. *ecause of urbani!ation"
noise in all areas in a city has increased considerably. ,ne of the most pervasive sources of noise in our
environment today is those associated with transportation. People reside adjacent to highways" are subjected
to high level of noise produced by trucs and vehicles pass on the highways. Prolonged exposure to high
level of noise is very much harmful to the health of manind.
In industry and in mines the main sources of noise pollution are blasting" movement of heavy earth moving
machines" drilling" crusher and coal handling plants etc. %he critical value for the development of hearing
problems is at ' decibels.
(hronic exposure to noise may cause noiseinduced hearing loss. #igh noise levels can contribute to
cardiovascular effects. 4oreover" noise can be a causal factor in worplace accidents.
(. Bundamentals of prevention and control of air pollution/
As mentioned above" air pollutants can be gaseous or particulate matters. 5ifferent techni$ues for
controlling these pollutants are discussed below/
a. 4ethods of controlling gaseous pollutants 2
C. (ombustion 2 %his techni$ue is used when the pollutants are in the form of organic gases or vapors.
5uring flame combustion or catalytic process" these organic pollutants are converted into water vapor and
relatively less harmful products" such as (,6.
6. Absorption 2 In this techni$ue" the gaseous effluents are passed through scrubbers or absorbers. %hese
contain a suitable li$uid absorbent" which removes or modifies one or more of the pollutants present in the
gaseous effluents.
8. Adsorption 2 %he gaseous effluents are passed through porous solid adsorbents ept in suitable containers.%he organic and inorganic constituents of the effluent gases are trapped at the interface of the solid
adsorbent by physical adsorbent.
b. 4ethods to control particulate emissions 2
C. 4echanical devices generally wor on the basis of the following/
0i1 7ravity/ In this process" the particles settle down by gravitational force.
0ii1 )udden change in direction of the gas flow. %his causes the particles to separate out due to greater
momentum.
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6. Babric Bilters/ %he gases containing dust are passed through a porous medium. %hese porous media may
be woven or filled fabrics. %he particles present in the gas are trapped and collected in the filters. %he gases
freed from the particles are discharged.
8. +et )crubbers/ +et scrubbers are used in chemical" mining and metallurgical industries to trap ),6"
3#8" metal fumes" etc.
. Electrostatic Precipitators/ +hen a gas or an air stream containing aerosols in the form of dust" fumes or
mist" is passed between two electrodes" then" the aerosol particles get precipitated on the electrode.
c. ,ther practices in controlling air pollution 2Apart from the above" following practices also help in
controlling air pollution.
0i1 9se of better designed e$uipment and smoeless fuels" hearths in industries and at home.
0ii1 Automobiles should be properly maintained and adhere to recent emissioncontrol standards.
0iii1 4ore trees should be planted along road side and houses.
0iv1 -enewable energy sources" such as wind" solar energy" ocean currents" should fulfill energy needs.
0v1 %all chimneys should be installed for vertical dispersion of pollutants.
d. 7eneral air pollution control devices = e$uipments for industries 2 %he commonly used e$uipments =
process for control of dust in various industries are 0a1 4echanical dust collectors in the form of dust
cyclones; 0b1 Electrostatic precipitators 2 both dry and wet system; 0c1 particulate scrubbers; 0d1 +ater
sprayer at dust generation points; 0e1 proper ventilation system and 0f1 various monitoring devices to now
the concentration of dust in general body of air.
%he common e$uipments = process used for control of toxic = flue gases are the 0a1 process of desulphurisation; 0b1 process of denitrification; 0c1 7as conditioning etc. and 0d1 various monitoring devices
to now the efficacy of the systems used.
e. )teps" in general" to be taen for reduction of air pollution 2 %o change our behavior in order to reduce
AI- P,LL9%I,3 at home as well as on the road" few following small steps taen by us would lead to clean
our Environment.
At #ome/
C. Avoid using chemical pesticides or fertili!ers in your yard and garden. 4any fertili!ers are a source of
nitrous oxide" a greenhouse gas that contributes to global warming. %ry organic products instead.
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6. (ompost your yard waste instead of burning it. ,utdoor burning is not advisable" as it pollutes air.
*reathing this smoe is bad for you" your family and your neighbors. Plus" you can use the compost in your
garden.
8. If you use a wood stove or fireplace to heat your home" it would be better to consider switching to another
form of heat which does not generate smoe. It is always better to use sweater or warm clothing than using
fireplace.
. *e energy efficient. 4ost traditional sources of energy burn fossil fuels" causing air pollution. Deep your
home wellmaintained with weatherstripping" storm windows" and insulation. Lowering your thermostat
can also help 2 and for every two degrees Bahrenheit you lower it" you save about two percent on your
heating bill.
&. Plant trees and encourage other to plant trees as well. %rees absorb and store carbon dioxide from the
atmosphere" and filter out air pollution. 5uring warmer days" trees provide cool air" unnecessary use of
energy on air conditioning is avoided" hence the air pollution.
. %ry to stop smoing; at home" at office or at outside. %obacco smoing not only deteriorates self<s health"
it affects others health too.
,n the -oad/
F. Deep your vehicle well maintained. A poorly maintained engine both creates more air pollution and uses
more fuel. -eplace oil and air filters regularly" and eep your tires properly inflated.
. 5rive less. +aling" bicycling" riding the bus" or woring from home can save you money as well as
reducing air pollution.
G. 5on<t idle your vehicle. If you stop for more than 8' seconds" except in traffic" turn off your engine.
C'. 5on<t buy more car than you need. Bourwheel drive" allwheel drive" engine si!e" vehicle weight" and
tire si!e all affect the amount of fuel your vehicle uses. %he more fuel it uses the more air pollution it causes.
5. +ater pollution prevention and control/
+ater is a ey resource for our $uality of life. It also provides natural habitats and ecosystems for plant and
animal species. Access to clean water for drining and sanitary purposes is a precondition for human health
and wellbeing. (lean unpolluted water is essential for our ecosystems. Plants and animals in laes" rivers
and seas react to changes in their environment caused by changes in chemical water $uality and physical
disturbance of their habitat.
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+ater pollution is a humaninduced change in the chemical" physical" biological" and radiological $uality of
water that is injurious to its existing" intended" or potential uses such as boating" watersiing" swimming" the
consumption of fish" and the health of a$uatic organisms and ecosystems. %hus" the discharge of toxic
chemicals from a pipe or the release of livestoc waste into a nearby water body is considered pollution. %he
contamination of ground water" rivers" laes" wetlands" estuaries" and oceans can threaten the health of
humans and a$uatic life.
(ontaminants have a significant impact on a$uatic ecosystems. for example" enrichment of water bodies
with nutrients 0principally nitrogen and phosphorus1 can result in the growth of algae and other a$uatic
plants that shade or clog streams. 5irect exposures to toxic chemicals such as pesticides" is also a health
concern for individual a$uatic plants and animals. +ithout healthy water for drining" cooing" fishing" andfarming" the human race would perish. (lean water is also necessary for recreational interests such as
swimming" boating" and water siing.
a. )ources of +ater Pollution 2 )ources of water pollution are generally divided into two categories. %he
first is pointsource pollution" in which contaminants are discharged from a discrete location. )ewage
outfalls and oil spills are examples of pointsource pollution. %he second category is nonpointsource or
diffuses pollution" referring to all of the other discharges that deliver contaminants to water bodies.
3umerous manufacturing plants pour off undiluted corrosives" poisons" and other noxious byproducts to
water streams. %he construction industry discharges slurries of gypsum" cement" abrasives" metals" and
poisonous solvents. %he mining industry also presents persistent water pollution problems. In yet another
instance of pollution" hot water discharged by factories and power plants causes socalled Hthermal pollution<
by increasing water temperatures. )uch increases change the level of oxygen dissolved in a body of water"
thereby disrupting the water<s ecological balance" illing off some plant and animal species while
encouraging the overgrowth of others. %owns and municipalities are also major sources of water pollution.
In many public water systems" pollution exceeds safe levels. ,ne reason for this is that much groundwater
has been contaminated by wastes pumped underground for disposal or by seepage from surface water. +hen
contamination reaches underground water tables" it is difficult to correct and spreads over wide areas.
5ischarge of untreated or only partially treated sewage into the waterways threatens the health of their own
and neighbouring populations as well. Along with domestic wastes" sewage carries industrial contaminants
and a growing tonnage of paper and plastic refuse. Although thorough sewage treatment would destroy most
diseasecausing bacteria" the problem of the spread of viruses and viral illness remains. Additionally" most
sewage treatment does not remove phosphorus compounds" contributed principally by detergents.
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b. 5angers of +ater Pollution 2 :irtually all water pollutants are ha!ardous to humans as well as lesser
species; sodium is implicated in cardiovascular disease" nitrates in blood disorders. 4ercury and lead can
cause nervous disorders. )ome contaminants are carcinogens. 55% is toxic to humans and can alter
chromosomes. Along many shores" shellfish can no longer be taen because of contamination by 55%"
sewage" or industrial wastes.
c. Prevention and (ontrol of +ater Pollution 2 )ewage should be treated before it is discharged into the river
or ocean. %his is possible through modern techni$ues.
)ewage is first passed through a grinding mechanism. %his is then passed through several settling chambers
and neutrali!ed with lime. 9p to this stage" the process is called primary treatment. %he sewage still contains
a large number of pathogenic and nonpathogenic organisms" and also sufficient $uantity of organic matter.
%he neutrali!ed effluents are sent to 9A)* 0upflow anaerobic sludge blanet1. It is a reactor. In this" the
anaerobic bacteria degrade the biodegradable material present in the waste water. %his removes foul odor
and releases methane" which can be used elsewhere. In this system" the pollution load is reduced upto &
percent. After this" water is sent to aeration tans where it is mixed with air and bacteria. *acteria digest the
organic waste material. %his is called biological or secondary treatment. Even after the treatment" water is
not yet fit for drining. %he harmful microorganisms need to be illed. %he final step 0tertiary treatment1 is"
therefore" a disinfection process" to remove final traces of organics" bacteria" dissolved inorganic solids" etc.
Bor tertiary treatment" methods" such as chlorination" evaporation" and exchange absorption may be
employed. %hese depend upon the re$uired $uality of the final treatment.
Apart from the above" you should also adopt the following practices/
0i1 +aste food material" paper" decaying vegetables and plastics should not be thrown into open drains.
0ii1 Effluents from distilleries" and solid wastes containing organic matter should be sent to biogas plants for
generation of energy.
0iii1 ,il slics should be simmed off from the surface with suction device. )awdust may be spread over oil
slics to absorb the oil components.
E. )oil erosion and its prevention/ )oil erosion by water" wind and tillage affects both agriculture and the
natural environment. )oil loss" and its associated impacts" is one of the most important 0yet probably the
least wellnown1 of today<s environmental problems. It is mostly due to poor land use practices" which
include deforestation" overgra!ing" unmanaged construction activity and road or trail building.
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)oil is a complex mixture of living and nonliving materials. It provides anchorage and sustenance to plants.
3atural agents lie water and wind" constantly tend to remove the top soil and cause erosion. -ain falling
upon the unprotected top soil" washes it down into the streams. 5ue to the absence of plant covering" eroded
soil cannot hold water. +ater rushes into the rivers and overflows as flood. 5ust storm also causes soil
erosion. %he particles of top soil are piced up in such $uantities that they form clouds of dust. #uman
beings also cause soil erosion. %he growing human habitation and expansion of urban areas lead to removal
of vegetation. ,nce vegetation is removed" the naed soil gets exposed to wind and water. Improper tillage
is another cause of soil erosion. Barmers often loosen the top soil for removing weeds and preparing seed
beds. %hey also leave agricultural fields lying fallow for long time. %hese practices expose the top soil to the
wind and cause erosion.
)oil erosion is always a result of manind<s unwise actions" such as overgra!ing or unsuitable cultivation
practices. %hese leave the land unprotected and vulnerable. Accelerated soil erosion by water or wind may
affect both agricultural areas and the natural environment" and is one of the most widespread of today<s
environmental problems. )oil erosion is just one form of soil degradation. ,ther inds of soil degradation
include )talinisation" nutrient loss" and compaction.
Prevention of soil erosion 2 Plants provide protective cover on the land and prevent soil erosion for the
reasons/
0a1 plants slow down water as it flows over the land 0runoff1 and this allows much of the rain to soa into the
ground;
0b1 plant roots hold the soil in position and prevent it from being washed away;
0c1 plants brea the impact of a raindrop before it hits the soil" thus reducing its ability to erode;
0d1 plants in wetlands and on the bans of rivers are of particular importance as they slow down the flow of the water and their roots bind the soil" thus preventing erosion.
Preventing soil erosion re$uires technical changes to adopt. Aspects of technical changes include/
0i1 use of contour ploughing and wind breas;
0ii1 leaving unploughed grass strips between ploughed land;
0iii1 maing sure that there are always plants growing on the soil" and that the soil is rich in humus 0decaying
plant and animal remains1. %his organic matter is the >glue? that binds the soil particles together and plays
an important part in preventing erosion;
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0iv1 avoiding overgra!ing and the overuse of crop lands;
0v1 allowing indigenous plants to grow along the river bans instead of ploughing and planting crops right
up to the water<s edge;
0vi1 encouraging biological diversity by planting several different types of plants together;
0vii1 conservation of wetlands.
+e can chec soil erosion by adopting the following additional practices/
C. Intensive cropping and use of proper drainage canals.
6. %erracing on the sloping fields. %his retards the speed of the flowing water.
8. Planting trees and sowing grasses.
. Extensive forestation practices to be carried out.
B. 4itigation of 3oise pollution/ -educing noise pollution by muffling the sounds at the source is one of the
best methods in industry and for urban living. Protective e$uipment is generally mandatory when noise
levels exceed & d*0A1 in industry. (reation of green cover adjacent to municipal roads and in mines is the
way to mitigate noise pollution. It has been observed that noise level reduces by C' decibels per every C'm
wide green belt development. Apart" redesigning industrial e$uipment" shoc mounting assemblies and
physical barriers in the worplace are also for reduction and exposure of unwanted industrial noise.
#igh way noise pollution can be mitigated by constructing noise barriers. Artificial noise barriers are solid
obstructions built between the highway and the residential areas along a highway. %hey bloc major portion
of noise produced by passing vehicles on a highway. Effective noise barriers typically reduce noise levels by
as much as half or more. %he construction of noise barrier may be built in the form of earth mounds" verticalwall along the highways for creation of blocage of sound generated by heavy vehicles. (reation of
greenbelt in the space between the residences and highways also reduces the noise nuisance.
7. (onservation and protection of environment/ *y now" all of us have reali!ed how important it is to
protect the environment for our own survival. %he term Hconservation< of environment relates to activities
which can provide individual or commercial benefits" but at the same time" prevent excessive use leading to
environmental damage. (onservation may be distinguished from preservation" which is considered to be
>maintaining of nature as it is" or might have been before the intervention of either human beings or natural
forces.? +e now that natural resources are getting depleted and environmental problems are increasing. It
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is" therefore" necessary to conserve and protect our environment. Bollowing practices help in protecting our
environment.
C. -otation of crops.
6. udicious use of fertilisers" intensive cropping" proper drainage and irrigation.
8. %reatment of sewage" so that it does not pollute the rivers and other water bodies.
. (omposting organic solid waste for use as manure.
&. Planting trees in place of those removed for various purposes.
. 3ational pars and conservation forests should be established by the government.
F. #arvesting of rain water.
)ome action points to protect or improve the environment 2
0i1 5ispose the waste after separating them into biodegradable and nonbiodegradable waste material.
0ii1 )tart a compost heap or use a compost bin. %his can be used to recycle waste food and other
biodegradable materials.
0iii1 Avoid unnecessary or wasteful pacaging of products.
0iv1 -euse carry bags.
0v1 Plant trees. %hey will help to absorb excess carbon dioxide.
0vi1 ,bserve +orld Environment 5ay on &th une.
0vii1 3ever put any left over chemicals" used oils down the drain" toilet or dump them on the ground or in
water or burn them in the garden. If you do so" it will cause pollution.
0viii1 5on<t burn any waste" especially plastics" for the smoe may contain polluting gases.
0ix1 9se unleaded petrol and alternate sources of energy" and eep the engine properly tuned and serviced
and the tyres inflated to the right pressure" so that vehicle runs efficiently.
0x1 Avoid fast starts and sudden braing of automobiles.
0xi1 +al or cycle where it is safe to do so 2 waling is free; cycling can help to eep you fit.
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0xii1 9se public transport wherever you can" or form a car pool for everyday travel.
0xiii1 )end your waste oil" old batteries and used tyres to a garage for recycling or safe disposal; all these can
cause serious pollution.
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P!%$: )n" L); A+t* In"*/*n"*n$*
%he India (onstitution" as adopted in CG&'" did not deal with the subject of environment or prevention and
control of pollution as such 0until CGF Amendment1. %he original text of the (onstitution under Article
8F60C1 has incorporated the earlier existing laws into the present legal system and provides that
notwithstanding the repeal by this (onstitution of enactments referred to in Article 8G&" but subject to other
provisions of the other provisions of the (onstitution" all laws in force immediately before the
commencement of the (onstitution shall remain in force until altered" repealed or amended by a competent
legislature or other competent authority. As a result" even after five decades of independence" the plethora of
such laws is still in operation without any significant charge in them.
%he postindependence era" until CGF'" did not see much legislative activity in the field of environmental
protection. %wo early post independence laws touched on water pollution. %he Bactories Act of CG
re$uired all factories to mae effective arrangements for waste disposal and empowered )tate 7overnments
to frame rules implementing this directive. 9nder the -iver *oards Act of CG&" river boards established are
empowered to prevent water pollution of interstate rivers. %o prevent cruelty to animals" the Prevention of
(ruelty of Animals Act was framed in CG'. )ome )tates too initiative in the field of environmental
protection" vi!." ,rissa -iver Pollution Prevention Act" CG&8" and" 4aharashtra Prevention of +ater
Pollution Act" CGG. +hile the ,rissa Act was confined only to rivers" the 4aharashtra Act extended to
rivers" watercourses" whether flowing or for the time being dry" inland water both natural and artificial" and
subterranean streams. %hus" there were scattered provisions for checing pollution of air" water" etc." but
there was no unified effort in developing any policy concerning the pollution emanating from these areas.
%his position went up to the seventies. 4eanwhile concern arose over" interalia" population increase" greater
pollution levels; human impact on animal populations and natural landscapes and other aspects of resource
depletion. It was the )tocholm 5eclaration of CGF6 which turned the attention of the Indian 7overnment to
the boarder perspective of environmental protection. %he government made its stand well nown throughfive year plans as well as the legislations enacted subse$uently to curb and control environmental pollution.
After CGF'" comprehensive 0special1 environmental laws were enacted by the (entral 7overnment in India.
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%he +ildlife 0Protection1 Act" CGF6" aimed at rational and modern wild life management. %he +ater
0Prevention and (ontrol of Pollution1 Act" CGF" provides for the establishment of pollution control boards
at (entre and )tates to act as watchdogs for prevention and control of pollution. %he Borest0(onservation1
Act" CG' aimed to chec deforestation" diversion of forest land for nonforestry purposes" and to promote
social forestry. %he Air0Prevention and (ontrol of Pollution1 Act"CGC" aimed at checing air pollution via
pollution control boards. %he Environment 0Protection1 Act" CG is a landmar legislation which provides
for single focus in the country for protection of environment and aims at plugging the loopholes in existing
legislation. It provides mainly for pollution control" with stringent penalties for violations. %he Public
Liability Insurance Act" CGGC" provides for mandatory insurance for the purpose of providing immediate
relief to person affected by accidents occurring while handling any ha!ardous substance. %he 3ational
Environment %ribunals Act" CGG&" was formulated in view of the fact that civil courts litigations tae a long
time 0as happened in *hopal case1. %he Act provides for speedy disposal of environmental related cases
through environmental tribunals. 9nder the Act" four benches of the tribunal will be set up in 5elhi"
(alcutta" 4adras and *ombay and "''' of the most #a!ardous industrial units in the country will be
brought under its security. %he 3ational Environment Appellate Authority Act" CGGF" provides for the
established of a 3ational Environment Appellant Authority 03EAA1 to hear appeals with respect to
restriction in areas in which any industries" operations or processes shall not be carried out or shall be
carried out subject to certain safeguards under the Environment 0Protection1 Act" CG. %he *iological
5iversity Act" 6''6" is a major legislation intervention effected in the name of the communities supposed to
be involved in the protection of biodiversity around them. %he Act intends to facilitate access to genetic
materials while protecting the traditional nowledge associated with them.
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En,%!n-*nt) P!%$: S%n$* 19<=>
*y early CGF6 it had been reali!ed 0as observed in the Bourth Bive Jear Plan earlier1 that unless a national
body was established to bring about greater coherence and coordination in environmental policies and
programmes and to integrate environmental concerns in the plans for economic development" an important
lacuna would remain in IndiaKs planning process. %hus" in Beb. CGF6" a 3ational (ommittee on
Environmental Planning and (oordination 03(EP(1 was established in the 5ept. of )cience and
%echnology. %he 3(EP( was an apex advisory body in all matters relating to environmental protection and
improvement. %he (ommittee was to plan and coordinate" but the responsibility for execution remained with
the various ministries and governmental agencies. ,ver time the composition of the (ommittee changes
significantly and it became unwieldy" and decision maing more complex. 7reater bureaucrati!ationoccurred with the addition of more secretaries. %he Bifth Bive Jear Plan 0CGFFG1 stressed that the 3(EP(
should be involved in all major industrial designs and a lin and balance between development planning and
environmental management has to be maintained. In this context" 4inimum 3eeds Programme 0covering
rural education" health" nutrition" drining water" etc.1 received a fairly high priority" and was expected to
minimi!e environmental pollution and degradation in rural areas. In the )ixth Bive Jear Plan 0CG'&1" an
entire chapter on Environment and 5evelopment was included that emphasi!ed sound environmental and‟
ecological principles in land use" agriculture" forestry" mineral extraction" energy production" etc. It provided
environmental guidelines to be used by administrators and resource managers when formulating and
implementing programmes" and lay down an institutional structure for environmental management by the
(entral and )tate 7overnments. %he basic approach taen by the )eventh Plan 0CG&G'1 was to emphasi!e
sustainable development in harmony with the environment" as the federal government had recogni!ed the
negative effects that development programmes were having on the environment. %he Plan called for the
government and voluntary agencies to wor together to create environmental awareness/ >%his is a
philosophy which must permeate the entire effort in the field of environment. #owever" even today this‟
basic philosophy has still not taen hold because the entire emphasis on industriali!ation" agribusiness and
powergeneration projects 0form Birst to Bourth Bive Jear Plans1" with little concern for environmental
protection" has not relin$uished its grip on decision maers.? %he )eventh Plan recogni!ed that the nation s‟
planning for economic growth and social wellbring in each sector must also wor to secure improvement in
environmental $uality . %he leaders of the country had reali!ed that poverty and underdevelopment" as‟
opposed to development activities" had led to many of the countryKs environment problems.
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%he Eight Bive Jear Plan 0CGG6GF1 gave an important place to the environment by moving it to the fourth
category of subjects examined in the text. %he Plan stated/ >)ystematic efforts have been made since the
)ixth Plan period of integrate environmental considerations and imperatives in the planning process in al the
ey socioeconomic sectors. As a result of sustained endeavour" planning in all major sectors lie industry"
science and technology" agriculture" energy and education include environmental considerations.? %he 3inth
Plan 0CGGF6''61 has emphasi!ed >7rowth with )ocial ustice and E$uity?. %he oint Borest 4anagement
and (ommunity Borestry have been specially emphasi!ed in the Plan. %he %enth Plan 06''66''@' is on the
similar lines.
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T?* En,%!n-*nt P!t*$t%!n A$t 1984
%hough there is a host of legislation in India aimed at protecting the environment from pollution and
maintaining the ecological balance" the environment has not so far been considered in its totality. %he
Environment C' 0Protection1 Act" CG" enacted under Art. 6&8 of the (onstitution of India to implement
the decisions made at the 9nited 3ations (onference on #uman Environment held at )tocholm" CGF6 was
expected to fill the lacuna and provide a blue print for a progressive policy for protecting the ecosystem. %he
Act sees to supplement the existing laws on control of pollution by enacting a general legislation for
environmental protection and to fill the gaps in regulations of major environmental ha!ards. #owever" as it
turned out to be" it is at best a paper or toothless tiger meant to assuage the feeling of the environment
ha!ards. #owever" as it turned out be" it is at best a paper or toothless tiger meant to assuage the feelings of the environmentalists. %he Act has been invoed in very few cases. %he Environment Protection Act is an
umbrella legislation enacted to provide for the (entral 7overnment coordination over the central and )tate
authorities established interalia under the water Act" CGF and the Air Act" CGC. %hus" as regards air
pollution" apart from the preventive or controlling measures under the Air Act" the residue protection of air
would come within the Environment Act. According to the Preamble" the objective of the Environment Act
is >MMto provide for the protection and improvement of environment and for matters connected
therewith?. %he Act is a special law and extends to the whole of India.
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V%!)t%!n )n" P*n)t%* Un"* t?* V)%!# A$t
%he Act explicitly prohibits discharge of environmental pollutants in excess of prescribed regulatory
standards 0)ec.F1. )ec.C& prescribes the penalties for offences under the Acta prison term of up to & years or
a fine of up to -s.C lah" or both. %he Act imposes an additional fine of up to -s.&"''' for every day of
continuing violation. If a failure or contravention occurs for more than one year after the date of conviction"
an offender may be punished for up F years imprisonment. %he critics say that these provisions have a
tendency to protect the guilty rather than the environment. )trangely enough" no minimum punishment is
prescribed. A minimum of 6 years rigorous imprisonment should have been mandatorily provided for ‟
offences of environmental pollution. Burther" the loopholes provided in )ec. C and CF to get off the hoo on
proof of lac of nowledge or due diligence also dilute the effect of peal provisions. %he Act maescorporate officials=#eads of 7overnment 5epartments liable for the offences under the Act unless the
official=#ead can establish that the offence was committed without his nowledge or that he has exercised
all due diligence to prevent the commission of the offence. )ec. 6 of the Act is a curious and controversial
provision. %his section postulates that where an offence under this Act is also an offence under any other
Act" the offender shall be punished only under the other Act. %his may lead to conflicts and negation of the
Environment Protection CCC Act provisions" because standards established under the Environment Act are
also the subjects to other statutes" such as the +ater Act and %he Air Act. If a factory discharges waste water
containing the pollutant at a level higher than allowed under the Environment Protection Act but within the
allowable limits of the +ater Act" does the +ater Act penalty provision applyN %herefore" in such cases
serve penalties of the Environment Protection Act will simply remain on paper. Bor this reason the Act has
been described as a >cobra that is seemingly fierce but has no venom in its fangs?. Environment Act also
lacs any provisions providing for an individualKs right to sue a defaulter for damages
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En,%!n-*nt) C!#t
%he inherent limitations of the judicial system of review substantive $uestions relating to the environment
maes it desirable to establish an alternative forum" with an alternative strategy. As early as CGF" the
)upreme (ourt was convinced of the need for scientific and technological expertise as an essential input to
inform judicial decisionmaing. %he court urged the 7overnment of India to set up an Ecological )cience
-esearch 7roup" with professionally competent and independent experts who would act as an >information
ban? for the court and government departments and could generate correct and unbiased information.
7oing a step forward and urging the 7overnment of India to establish Environment (ourts" the apex court
said in O4.(. 4ehta :s. 9nion of India 0)hriram 7as Lea (ase 1‟ C / >)ince cases involving issues of
environmental pollution" ecological destruction and conflicts over natural resources are increasingly coming
up for adjudication and these cases involve assessment and evaluation of scientific and technical data" it
might be desirable to set up Environment and these cases involve assessment and evaluation of scientific and
technical data" it might be desirable to set up Environment (ourts on the regional basis with one professional
judge and two experts drawn from the Ecological )cience -esearch 7roup eeping in view the nature of the
case and the expertise re$uired for its adjudication. %here would be of course a right of appeal to the
)upreme (ourt from the decision of the environment court.? In :ellore (iti!ens (Welfare Forum v. Union
Of India<1 (ase6 " the )upreme (ourt made a re$uest to the (hief ustice of the 4adras #igh (ourt to
constitute a special bencha green bench to deal with cases on environmental matters" as is done in‟
(alcutta" 4adhya Pradesh" and Punjab and #aryana #igh (ourts. %he rationale of such re$uest is obviously
admission and an approval of the need for experienced judicial institutions with the re$uisite environmental
expertise" at the regional and )tate levels" to deal with environmental and ecological issues of local=regional
significance. In Indian (ouncil for EnviroLegal Action v. 9,I 0(oastal Protection (ase 1‟ 8 " the apex court
suggested that environmental matters
1 [AIR 1987 SC 965
! (AIR 1996 SC!715"
# (1996" 5 SCC !81
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C!n$#%!n
)ince about the late CG's" the )upreme (ourt of India has been proactively engaged in IndiaKs
environmental issues. In most countries" it is the executive and the legislative branches of the government
that plan" implement and address environmental issues; the Indian experience is different. %he )upreme
(ourt of India has been engaged in interpreting and introducing new changes in the environmental
jurisprudence directly. %he (ourt has laid down new principles to protect the environment" reinterpreted
environmental laws" created new institutions and structures" and conferred additional powers on the existing
ones through a series of directions and judgments.
%he (ourt<s directions on environmental issues goes beyond the general $uestions of law" as is usually
expected from the highest (ourt of a democratic country. %he )upreme (ourt of India" in its order" includes
executive actions and technical details of environmental actions to be implemented. Indeed" some critics of
IndiaKs )upreme (ourt describe the (ourt as the Lords of Green Bench or Garbage Supervisor . )upporters of
IndiaKs )upreme (ourt term these orders and the Indian bench as pioneering" both in terms of laying down
new principles of law" and in delivering environmental justice.
%he reasons for the increasing interjection of IndiaKs )upreme (ourt in governance arenas are" experts claim"
complex. A ey factor has been the failure of government agencies and the state owned enterprises in
discharging their (onstitutional and )tatutory duties. %his has prompted civil society groups to file public
interest complaints with the (ourts" particularly the )upreme (ourt" for suitable remedies.
Public interest litigation and judicial activism on environmental issues extends beyond IndiaKs )upreme
(ourt. It includes the #igh (ourts of individual states.
IndiaKs judicial activism on environmental issues has" some suggest" delivered positive effects to the Indian
experience. Proponents claim that the )upreme (ourt has" through intense judicial activism" become a
symbol of hope for the people of India. As a result of judicial activism" IndiaKs )upreme (ourt has delivered
a new normative regime of rights and insisted that the Indian state cannot act arbitrarily but must act
reasonably and in public interest on pain of its action being invalidated by judicial intervention.
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IndiaKs judicial activism on environmental issues has" others suggest" had adverse conse$uences. Public
interest cases are repeatedly failed to bloc infrastructure projects aimed at solving environmental issues in
India" such as but not limiting to water wors" expressways" land ac$uisition for projects" and electricity
power generation projects. %he litigation routinely delays such projects" often for years" whilst rampant
pollution continues in India" and tens of thousands die from the unintended effects of pollution. Even after a
stay related to an infrastructure project is vacated" or a court order gives a green light to certain project" new
issues become grounds for court notices and new public interest litigation.
udicial activism in India has" in several ey cases" found statedirected economic development ineffective
and a failure" then interpreted laws and issued directives that encourage greater competition and free maret
to reduce environmental pollution. In other cases" the interpretations and directives have preserved industry
protection" labour practices and highly polluting stateowned companies detrimental to environmental
$uality of India. Proactive measures should be taen to conserve the depleting environment
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B%3%!6)/?:
AUTHORITY AND CASES
)hriram 7as Lea (ase" OAI- CGF )( G&
+elfare Borum v. 9nion ,f IndiaK" AI- CGG )(6FC&1
EnviroLegal Action v. 9,I" 0CGG1 & )(( 6C
ACTS & STATUTES
%he Environment Protection Act" CG
(onstitution of India"CG&'
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&. http/==environmentengineering.blogspot.com=6''='8=conservationandprotectionof.html
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F. http/==nol.google.com==parthadassharma=fundamentalsofourenvironment=oml8CcsgjsF=CQ
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