D.T. Devale Sr.Law Officer(P&L Divn.), Maharashtra ...cdem. Somaiya-MMR-EIS_D.T Devale (1).pdf¢  CDEM:

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  • D.T. Devale

    Sr.Law Officer(P&L Divn.), Maharashtra Pollution Control Board, Mumbai.

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Activities of MPCB are science and technology based,

    they include implementation of environmental

    regulations, such as:

    • Water Act, 1974

    • Air Act, 1981

    • Water Cess Act, 1977

    • Implementation of orders by the Courts

    • The Environment (Protection) Act, 1986

    • Hazardous Wastes • Hazardous Chemicals • Coastal Regulation Zone • Municipal Solid Waste • Bio Medical Waste • Chemical Accidents &

    Response

    • Lead Acid Battery Rules • Fly Ash Utilization • Plastic Recycling • Environmental Impact

    Assessment

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Environment Management through Legislations and MPCB Role

    1. Maharashtra Prevention of Water Pollution Act 1969, which was repealed by Act No.XXXI of 1981 by adoption of Water (P&CP) Act, 1974 w.e.f. 1/6/1981.

    2. Water and Air Acts :- Regulate polluting discharges/emissions by grant of consent/s (C to E & C to O), so as to maintain wholesomeness of water in the State for its designated usage. State of Maharashtra has classified the designated usage in 4 categories as far as river basins are concerned i.e.

    (i) A-I Class of River Water – Origin to dam/water supply (Best Usage for drinking purposes after approved disinfection of unfiltered public water supply.

    (ii) A-II Class of River Water – Public water supply with approved treatment equal to coagulation, sedimentation and disinfection

    (iii) A-III Class of River Water – Not fit for human consumption, fish & wild life propagation.

    (iv) A-IV Class of River Water – Agriculture, industrial cooling & process water.

    20 river basins are classified in the State of Maharashtra. In spite of revision made in the RRZ Policy of 2000 in 2009, due to inadequate collection of sewage by the Local Bodies and not having fullfledged sewage treatment plants, 60% to 70% water pollution caused by the discharge of untreated, under-treated & sub-standard domestic effluent. Other contributing factors are CETPs, unorganized SSI units scattered outside cluster areas and some of the non-complied 17 categories of highly polluting industries as well as non-point source of pollution such as application of unscientific chemical fertilizer, unscientific disposal on land etc.

    3.

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Contd. 3. Air (P&CP) Act, 1981 :- 60 to 70% air pollution is caused due to

    vehicular pollution. Other contributing factors are human activities, industrial activities and other sources. Though, highly air polluting industries are being regulated by the MPCB under various Action Plans such as Chandrapur, Pune & Solapur Action Plan and Mumbai Action Plan, the other air polluting industries are yet to comply with the emission norms, more particularly Power Plants of MSEDCL and coal washeries etc. Similarly, transportation of minerals and municipal solid waste in not covered trucks also responsible for air pollution problem. Dumping of municipal solid waste in an unscientific manner is also contributing factor for air pollution. Besides that noise pollution being also integral part of air pollution is also causing nuisance in the surrounding area. Brick Kilns and other air polluting activities also deteriorating the quality of air

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Contd.. 4. Water Cess Act, 1977 :-Water Cess is collected on behalf of Central Govt. for the purpose of

    water pollution prevention and control thereof as well as utilization thereunder. The cess shall be paid by every person carrying on any industry and local body.

    Since, water becomes scares day by day, the provisions in respect of grant of rebate to complying industries have been made more stringent from 70% to 25%. Rebate is granted only to those industries, which are complying with all consent conditions, all standards laid down under the provisions of the E(P) Rules, 1986 and not exceeding the consumption of water beyond the prescribed limit. At present, not a single industry is being granted rebate.

    There are two types of rates, where industry complies with Environmental Standards, Assessment is done at normal rate; where, not complying with the standards, higher rate, i.e. at the double of the normal rate, the industries are being assessed. The Central Pollution Control Board has issued Guidelines for spending reimbursed 80% of cess to the State Pollution Control Boards alongwith an indicative list of program areas such as Water Quality Monitoring, Air Quality Monitoring, Inventorisation of polluting industries and Action Program for problem areas, HW Management, Vehicular pollution, Noise pollution, Demonstration projects, Research & Development, Environment Awareness Program, Zoning Atlas for siting of industries etc., which is being revised from time to time.

    MPCB has spent huge amount on Environment Awareness Program, Inventorisation of Hazardous Waste activities, Demonstration projects for MSW, Subsidy to CHWTSDF, CETPs etc. However, an Integrated Action Plan for spending of cess has not been prepared

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Contd.5. Environment (Protection) Act,1986. & various Rules made there under : Varioussources of environmental pollution regulated and covered under Environment (Protection) Rules, 1986. A no. of Notifications have been issued as per delegation of powers by the MoEF, GoI from time to time and E(P) Regulations become a complicated piece of Legislation. Industry specific standards are laid down in respect of 104 categories of industries, taking into consideration its polluting parameters for emission or discharge of environmental pollutants. Specific periods given for compliance of those standards. Uniform standard are made applicable throughout India with the provision that State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons thereof.

    Besides that standards for emission of smoke, vapors etc. from motor vehicles, ambient air quality standards in respect of emissions and noise as well as discharge of effluent standards laid down. Similarly, mass emission standards for petrol driven vehicles, breakdown of the operating cycle used for the tests, limit values of exhaust gas capacity applicable for diesel driven vehicles, engine test at steady speed and general standards for discharge of environmental pollutants (effluent and / or emissions) prescribed. Besides that, waste water generation standards for some of the water consuming industries prescribed.

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Contd.

    Central Govt. has further empowered more than 60 Authorities for entry & inspection under various Acts for implementing the provisions of the E(P) Act, 1986 and also authorise officers for taking cognizance of offences under the E(P) Act, 1986. The Central Govt. also notify a no. environment sensitive areas prescribing prohibition and restriction on the location of the industries and carrying on process & operations in different areas. The prohibitions and restrictions on handling of hazardous substances in different areas have been imposed in addition to laying down procedures and safeguards for prevention of accidents causing environmental pollution and for taking remedial measures.

    In spite of this there is gap in the enforcement of Legislative provisions and thereby, more & more stringent environmental standards are being now prescribed including adoption of cleaner technologies.

  • CDEM: Module 1: Environment Policy and Regulations, September 2016

    Contd... 6. The Public Liability Insurance Act, 1991 :- Limited role to ensure Public

    Liability Insurance taken. In spite of provision for Public Liability Insurance to be taken by the industries handing hazardous chemicals and for conducting summery procedure on an application for relief under the Public Liability Insurance Act by the Collector, the compensation has been very meager, not exceeding Rs.25,000/- and therefore, this Regulation has become redundant and the Parliament has no option than to pass National Green Tribunal Act, 2010.

    7. Right to Information Act, 2005 : Because of making available every sort of information, transparency has come in the working of the Board. Initially, a lot of applications were filed and a lot of time was being spent on making available information. However, after placing on website, maximum information in respect of working of the Board and the activities of the Board, the flow of applications under RTI has been considerably decreased. MPCB website is one of the best website,making available all the information about Board’s activities.

    8. National Green Tribunal Act, 2010 :-After passing of NGT Act, 2010, the aggrieved persons by the decision of the Board/other Regulatory Authorities (Environment Deptt., other Govt. Deptt., CPCB, MoEF, GoI and other industries/ polluting activities started approaching NGT. A no. of directions are being issued to the Regulatory Authorities, MPCB, Industries, Local Bodies and in true sense, now, the Regulatory Authorities and sources of pollution will have to play pro- active role in compliance of Environmental Norms.

  • CDEM: Module