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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


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 Maharashtra Prevention of Water Pollution Act 1969, which was repealed by Act No.XXXI of 1981 by adoption of Water (P&CP) Act, 1974 w.e.f. 1/6/1981.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 itsdesignated usage. State of Maharashtra has classified the designated usage in 4categories as far as river basins are concerned i.e.

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

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

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

(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 inthe RRZ Policy of 2000 in 2009, due to inadequate collection of sewage by the LocalBodies and not having fullfledged sewage treatment plants, 60% to 70% waterpollution caused by the discharge of untreated, under-treated & sub-standard domesticeffluent. Other contributing factors are CETPs, unorganized SSI units scattered outsidecluster areas and some of the non-complied 17 categories of highly polluting industriesas well as non-point source of pollution such as application of unscientific chemicalfertilizer, unscientific disposal on land etc.

3.


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 pollutingindustries are being regulated by the MPCB under various Action Planssuch as Chandrapur, Pune & Solapur Action Plan and Mumbai ActionPlan, the other air polluting industries are yet to comply with theemission norms, more particularly Power Plants of MSEDCL and coalwasheries etc. Similarly, transportation of minerals and municipal solidwaste in not covered trucks also responsible for air pollution problem.Dumping of municipal solid waste in an unscientific manner is alsocontributing factor for air pollution. Besides that noise pollution beingalso integral part of air pollution is also causing nuisance in thesurrounding area. Brick Kilns and other air polluting activities alsodeteriorating the quality of air


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 shallbe 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 tocomplying industries have been made more stringent from 70% to 25%. Rebate is grantedonly to those industries, which are complying with all consent conditions, all standards laiddown under the provisions of the E(P) Rules, 1986 and not exceeding the consumption ofwater 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 PollutionControl Board has issued Guidelines for spending reimbursed 80% of cess to the StatePollution Control Boards alongwith an indicative list of program areas such as Water QualityMonitoring, Air Quality Monitoring, Inventorisation of polluting industries and ActionProgram for problem areas, HW Management, Vehicular pollution, Noise pollution,Demonstration projects, Research & Development, Environment Awareness Program, ZoningAtlas for siting of industries etc., which is being revised from time to time.

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


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 ofpowers by the MoEF, GoI from time to time and E(P) Regulations become acomplicated piece of Legislation. Industry specific standards are laid down in respectof 104 categories of industries, taking into consideration its polluting parameters foremission or discharge of environmental pollutants. Specific periods given forcompliance of those standards. Uniform standard are made applicable throughout Indiawith the provision that State Boards may specify more stringent standards for therelevant parameters with respect to specific industry or locations after recordingreasons 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 ofeffluent standards laid down. Similarly, mass emission standards for petrol drivenvehicles, breakdown of the operating cycle used for the tests, limit values of exhaustgas capacity applicable for diesel driven vehicles, engine test at steady speed andgeneral standards for discharge of environmental pollutants (effluent and / oremissions) prescribed. Besides that, waste water generation standards for some of thewater consuming industries prescribed.


Contd.

Central Govt. has further empowered more than 60 Authorities for entry & inspection under various Actsfor implementing the provisions of the E(P) Act, 1986 and also authorise officers for taking cognizance ofoffences under the E(P) Act, 1986. The Central Govt. also notify a no. environment sensitive areasprescribing 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 indifferent areas have been imposed in addition to laying down procedures and safeguards for prevention ofaccidents 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 stringentenvironmental standards are being now prescribed including adoption of cleaner technologies.


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 betaken by the industries handing hazardous chemicals and for conducting summeryprocedure on an application for relief under the Public Liability Insurance Act bythe Collector, the compensation has been very meager, not exceeding Rs.25,000/-and therefore, this Regulation has become redundant and the Parliament has nooption than to pass National Green Tribunal Act, 2010.

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

8. National Green Tribunal Act, 2010 :-After passing of NGT Act, 2010, theaggrieved 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 issuedto 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.


■Environment (Protection) Act, 1986,includes following Rules.

1. The Manufacture Storage and Import of Hazardous Chemicals Rules, 1989 :-

Ensure offsite & onsite emergency plans are prepared in respect of isolated storages.

2. The Hazardous Wastes (Management, Handling and Transboundary Movement)

Rules, 2008 :- To ensure proper collection, pre-treatment, storage & transportation of

hazardous waste to CHWTSDF by grant of Authorization.

4. Environment (Protection) Amended Rules, 1993.

(Environmental Statement - (Audit):- To ensure environmental statement submitted

within stipulated time and to execute action plan as per Environment Statement for

further improvement.

5. EIA Notification dtd.14.9.2006 : To conduct public hearing, not to grant C to O till

EC obtained and initiating legal actions as directed by the Env.Deptt., GoM/MoEF,

GoI.

6. The Bio-Medical Waste (Management & Handling) Rules, 1998 :- To grant

authorization and to ensure compliance of HCIs.


Contd.

7. National & State Coastal Zone Management Authority Order dtd. 26.11.1998

: Grant of NOC for industrial activities

8. The Noise Pollution Control & Regulation) Rules, 2000, as amended in 2011

:- Monitoring of noise levels and regulation of industrial noise

9. The Ozone Depleting Substances (Regulation ) Rules, 2000 : To ensure phasing out of 95

ODS as per time schedule given in the Rules.

10. The Municipal Solid Waste (Management &Handling) Rules, 2000 :- Grant Authorization

and monitoring compliance.

11. The Batteries (Management & Handling) Rules,2001 :- To ensure that all batteries are

taken to reprocessing by more than 90% collection thereof through Dealer/Manufacturers

after 3 years passing of the Rules.

12. Plastic Waste (Management and Handling) Rules, 2011 alongwith Maharashtra Non-

Biodegradable Garbage (Control) Act, 2006 read with the Maharashtra Plastic Carry

Bags (Manufacture & Usage) Rules, 2006 : To ensure that no manufacturing unit having the

thickness of plastic carry bags and containers more than 50 microns in the State of

Maharashtra.


Contd.

13. E-Waste (Management and Handling) Rules, 2011:- To ensure that the e-waste is

disposed off to e-waste facility by adopting life-recycle approach to the product.

14. The Ozone Depleting Substances (Regulation ) Rules, 2000 : To ensure phasing out of 95

ODS as per time schedule given in the Rules.

15. The Municipal Solid Waste (Management &Handling) Rules, 2000 :- Grant Authorization

and monitoring compliance.

16. The Batteries (Management & Handling) Rules,2001 :- To ensure that all batteries are

taken to reprocessing by more than 90% collection thereof through Dealer/Manufacturers

after 3 years passing of the Rules.

17. Plastic Waste (Management and Handling) Rules, 2011 alongwith Maharashtra Non-

Biodegradable Garbage (Control) Act, 2006 read with the Maharashtra Plastic Carry

Bags (Manufacture & Usage) Rules, 2006 : To ensure that no manufacturing unit having the

thickness of plastic carry bags and containers more than 50 microns in the State of

Maharashtra.


Contd..18. CRZ Notification, 2011 : NOC to be granted for industrial activities/discharges.

19. Revised River Regulation Policy, 2009 :- To implement RRZ Notification while granting consent/s.

20. MMR Policy, 1998 :- To ensure compliance of MMR Policy while granting consent/s.

21. Various Notifications issued by MoEF, GoI in respect of Environmental Sensitive Areas such as,

(i) Dahanu Notification,

(ii) Murud Janjira Notification

(iii) Mahabaleshwar-Panchgani Notification

(iv) Matheran Notification

(v) Antop Hill Notification etc.


Criminal

complaints filed

Cases decided in favour

of Board

90

a) Compounded – 35 with

imposition of compensation

after compliance with the

permission of the court.

b) Convictions – 20 in favour of

the Board.

SINE VIEW OF COURT CASES

LEGAL ACTION UNDER THE MPWP ACT, 1969


Particulars Cases filed Cases convicted Cases

dismisse

d

Cases

Pending

Hazardous Waste (M&H) Rules,1989 (As

amended in 2000)

16 -- 05 11

Recycled Plastic Manufacture & Usage

Rules 1999

3 -- 2 1

CRZ Notification, 1991 1 -- 1 --

Bio-Medical Waste (M&H) Rules, 2000 29 -- 8 21

Municipal Solid Waste (M&H) Rules,

2000

1 -- -- 1

The then EIA Notification, 1994, as

amended on 7/7/2004 & EIA

Notification dtd.14/09/2006

10 -- --- 10

TOTAL 60 -- 16 44

LOWER COURT CASES STATUS

Complaints filed under the provisions of the Environment

(Protection) Act 1986 as on 31/12/2013

Particulars Cases Filed Cases

Convicted

Cases

Dismissed

Cases

Pending

Complaints

under Water Act,

1974

319 82 174 63

Applications

under Water

Act,1974

140 87 53 --

Complaints

under Air Act,

1981

146 114 32 --

Applications

under Air Act, 1981

3 1 2 --

Total 608 284 261 63

Complaints/Applications filed under the Water

(P&CP) Act, 1974 and the Air (P&CP) Act, 1981


Total 668 Cases filed under the provisions of the Environmental

Laws. Out of 668, 284 cases are decided in favour of the Board &

277 cases are decided against the Board.

Total 107 cases are pending before the various Courts of Law.

(Lower Court)

Out of 668 cases decided by the Court, 284 cases are decided in

favour of the Board i.e. 51% cases are decided in Lower Courts in

favour of the Board. Out of 668 cases, 277 cases are decided

against the Board i.e. 49 % cases are decided against the Board.

Statistic in Brief as on 31/12/2013


High Court Cases StatusStatus of Public Interest Litigations/Writ Petitions filed

before Hon’ble High Court of Judicature at Bombay

Bench at Mumbai / Aurangabad / Nagpur upto 31/12/2013

1 No. of P I LS/Writ Petitions filed 540

2 No. of PILS/Writ Petitions Decided by the

Hon’ble High Court. 373

3 No. of PILS/Writ Petitions pending 167


Status of Applications/Appeals filed before National Green Tribunal

No. of Applications / Appeals filed before NGT :- 44

No. of Applications/Appeals disposed off:-12

No. of Applications/Appeals pending :-32


Status of Appeals filed before Hon’ble Appellate Authority

constituted under Water & Air Acts

No. of Appeals filed = 30

No. of Appeals decided = 27

No. of Appeals pending= 03

Status of Appeals filed before Hon’ble Cess Appellate Authority

● No. of Appeals filed = 59

● No.of Appeals decided = 56

● No.of Appeals pending = 03


Consent Management

MPCB adopted decentralized approach for consent management by delegating powers to grantconsent at 5 levels by adopting Uniform Integrated Approach in grant of consent/s.

MPCB adopted auto renewal of consents based on self-certification about compliance of earlierconsent conditions without change in production quantity and consent conditions.

MPCB adopted compliance matrix for renewal of consent and initiating legal actions


Important Issues& Matters

1. Locational Policy for establishment of STPs in RRZ area :- For existing STPs, which arealready established, the decision will have to be taken to regularize them.

2. Distance Criteria for stone crusher: to be approved by the Env.Dptt., GoM.

3. MMR Policy : Amendment with regard to the unconsented units.

4. Less than 20,000 sq.mtrs. construction circular clarification in respect of existing complaintsfiled as per Env.Deptt., GoM/MoEF, GoI / Court’s directives.


Water and Air Acts

The important functions are to prepare state wide action plan for preventionand control of water and air pollution,

To classify water in the state as per designated use of water, imposeprohibition and restrictions on establishment of industry, operation orprocess, discharge/emissions of pollutants, so as to maintain wholesomenessof environment taking into consideration carrying capacity. Therefore, whilegrant of consents, SPCB should impose necessary conditions.

In cases of exhausting of assimilative capacity of the area in whichpermissions sought prohibition/restrictions can be imposed by theSPCB/Environment Deptt., Govt. of Maharashtra/ Ministry of Environmentand Forests, Govt. of India under the provisions of the Water / Air /Environment Acts as per its applicability.

SPCB imposes standards for discharge of effluents taking into considerationminimum standards laid down by the Central Govt., assimilative capacity ofnearby environment / atmosphere/conditions imposed in the environmentalclearance/prohibition / restrictions imposed by the Ministry of Environment& Forests, GoI / State Govt. etc.

Therefore, scheme of the Act must be first understood before taking anyfurther remedial measure / action


NGT Jurisdiction

Advisory/Somotu /Review / Appellate / Original

Water (P&CP) Act, 1974 :The scheme of the act is to maintain & restorewholesomeness of water quality in India by prevention & control of waterpollution through imposition of various conditions on discharges fromvarious sources by grant of consents. Govt. has been empowered to constituteState Pollution Control Board to implement the provisions of the Water Act,1974. State Environment Deptt. has been constituted w.e.f. 1980 to takepolicy decisions. The Recruitment Rules for the creation of posts for StatePollution Control Board as well as approval of Annual Accounts and AnnualReport are entrusted to the State Govt. for effective implementation of theprovisions of the Act. Environment Deptt., of the State further empowered toissue directions to SPCB in performance of its functions. SPCB is the mainregulatory authority to implement the provisions of the said Act. CentralPollution Control Board has been constituted to co-ordinate activities ofSPCB/s in India. After passing of the Environment (Protection) Act, 1986,now overall supervision and control of matters relating to environmententrusted to the Central Govt. through Ministry of Environment & Forests,Govt. of India. The role of various authorities under various EnvironmentalLaws will have to be understood before taking recourse to various remedies.Enforcement Mechanism under the provisions of the above specifiedenactments


Water Act, 1974 – RRZ issues

1. 1996 policy decision to discourage the discharges into river, but Local Authorities continue discharges as no fullfledge treatment & no land for disposal. MMR disposal in marine outfalls.

2. RRC catchment area to achieve zero discharge.

3. CEPT – Non complied CETP no permission for new or expansion of industry. PIL No.17/2011 order to regulate steps. HRTS inadequate land & disposal, MIDC Issues – pipeline expansion of capacity upgrade of CEPT.

4. Zero discharge/cleaner technology to allow.

5. STP/MSW zero discharge plants permission policy decision.


Air (P& CP) Act,1981

1. Stone crusher location policy approval.

2. Air Polluting / Odour emitting activities including coal fuel without most

advanced technology or cleaner technology options not to be

permitted.

3. After establishment of NGT, Appellate Authorities will have to pass more

consistent orders as 2nd Appeal to NGT and orders will have to be

passed in time


Environment (Protection) Act, 1986

MSW PIL - to implement action plan approved by order

dtd.2/4/2013 in 17 clubbed petitions.

Electroplating / Mithi Presentations / NGT unconsented units sealing

orders / order to take decision on Western Ghat Report stand to be

cleared.

Attending NGT and Mechanism to defend


HIGH COURT


Status of Public Interest Litigations/Writ Petitions filed

before Hon’ble High Court of Judicature at Bombay

Bench at Mumbai / Aurangabad / Nagpur upto 31/07/2012

1 No. of P I LS/Writ Petitions filed 540

2 No. of PILS/Writ Petitions Decided

by the Hon’ble High Court. 373

3 No. of PILS/Writ Petitions pending 167


IMPORTANT DECISIONS GIVEN BY THE

HON’BLE HIGH COURT / SUPREME COURT OF

INDIA.

Public Interest Litigation No. 888 / 1996

Almitra H Patel & Anr. Vs Union of India & Ors.

Hon’ble Supreme Court appreciated the work done by the

MPCB in the management of Municipal Solid Waste,

which observed that:

Unless each state creates a focused “Solid Waste

Management cell” and rewards its cities for good

performance, both of which Maharashtra has done

in compliance with the MSW Rules seems to be an

illusion.


PIL No. 632 / 2004

Congress Nagar Citizen Association Vs The

State of Maharashtra & Ors.

Mumbai High Court (Nagpur Bench)

appreciated work done in Noise Pollution

Monitoring & observed as Under:

It is only due to surprise checks made by

Nagpur unit of the MPCB that this fact has

come to the notice of this Court (Monitoring

of Noise at various exhibitions and functions

held through out the city of Nagpur.)


PIL No. 39 / 2003

Bombay Environmental Action Group &

Anr. Vs State of Maharashtra &

Ors.(Mahabaleshwar)

Hon’ble High Court appreciated the work

done by MPCB and observed as under :

“We would like to record our appreciation

for the sincere efforts put in by MPCB for

carrying out their obligations”


Public Interest Litigation No.32/2006 filed by Mumbai Medwaste Action Group against State of Maharashtra & Ors. & Public Interest Litigation No.41/2006 filed by Consumer Welfare Association against the State of Maharashtra & Ors.

The above Public Interest Litigations have been filed before Hon’bleHigh Court, Mumbai for effective implementation of the Bio-MedicalWaste (Management & Handling) Rules, 1998.

The Board has filed various affidavits in the said matters and takenvarious actions as per Court’s orders.

The High Court has disposed off the said matters vide orderdtd.9/4/2012 with the observation that the Petitioners will submit therepresentation to the Board, pointing out their requirement in respect ofcompliance of Rules within 3 weeks time and after receipt of suchrepresentation, the Board will initiate appropriate actions.

The Hon’ble High Court has taken on record a note in respect of variouseffective actions initiated by the Board and securing about 90% of thecompliance from the Health Care Establishments with the statutoryrequirements.

The Board has also taken note of the effective steps taken by the variousofficers of the Board in securing about 90% compliance from the HealthCare Establishments in respect of the BMW Rules, 1998.


PIL No. 657 / 1995

Research Foundation for Science Technology &

National Resource Policy Vs Union of India &

Ors.(Hazardous Waste Management)

Supreme Court Monitoring Committee appreciated the

work done by MPCB in Management of Hazardous

Wastes.

Hon’ble Supreme Court vide order dtd.6/7/2012

disposed off the writ petition by reasserting the interim

directions given with regard to the handling of

hazardous waste and ship breaking in various orders

passed in the said Writ Petition from time to time.


Bhopal Gas Case before Hon’ble Jabalpur High Court, Madhya Pradesh

The “Bhopal Gas Tragedy”, which took place in the year, 1984 at Bhopalon account of leakage of Methyl Isocyanides from the plant of UnionCarbide India Ltd., resulting into en masse death of the people, living in& around the plant of M/s.Union Carbide India Ltd. Besides, countlessmen, women and children permanently crippled.

One Shri Alok Pratap Singh, filed a Writ Petition has filed Writ PetitionNo.2802/2004 against the Union of India and Ors. before Hon’ble HighCourt Judicature at Madhya Pradesh, Principal Bench at Jabalpur,seeking appropriate directions against the Respondents for thetransportation and disposal of the toxic and hazardous waste lying at thedefunct & dismantled plant of Union Carbide India Ltd., Bhopal (UCIL,Bhopal). The Hon’ble High Court at Jabalpur has passed an orderdtd.12/07/2011 to dispose off the hazardous and toxic waste material ofM/s.Union Carbide India Ltd.,Bhopal in the double chamber incineratorcapacity at DRDO Nagpur.


Contd. The Board had filed various Affidavits in the said matter.

Hon’ble Jabalpur High Court vide order dtd.19/12/2011directed the Central Govt. to get test of incineration of wastematerial and analysis.

Further based on the meeting held on 22/2/2012, the MoEF,GoI has directed the CPCB to conduct the trial run ofhazardous waste.

Now the Union of India has filed SLP No.9874/2011 beforeHon’ble Supreme Court of India against Shri Alok PratapSingh and the matter is pending. It has been decided todispose off hazardous waste from Bhopal at CommonFacility in Germany. However, the disposal will be done onlyafter specific order passed in SLP No.9874/2011 by Hon’bleSC, wherein, MP Govt. has intervened.


Legal Matrix

Policy and Law Division is special invitee in theConsent Committee and Consent AppraisalCommittee Meeting.

Under the guidance of Hon’ble Chairman & the thenMember Secretary, MPCB, the P&L Divn. firstintroduced the concept of auto renewal, which hasbeen further developed and amended in consultationwith the then JD(PAMS) and other HoDs.

P&L Divn. also developed under the guidance ofHon’ble Chairman and the then MS in consultationwith the HoDs the Legal Matrix, which includesvarious legal actions and also procedure for issuanceof uniform directions, which are to be taken to thelogical conclusion.


CONCEPT OF BANK GURANTEE

• MPCB introduced this concept in 1995.

• Performance Bank Guarantee taken from non-complying units

• MPCB encashed BG worth Rs.61 Lakhs.

• This is in line with “polluters pay” principle

• Others States followed suit.


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