EnvironmEnt Pollution

Course: LLB

Subject : Environmental Laws

Unit: 2

• In 1980, the Deptt. of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. EPA,1986 came into force soon after the Bhopal Gas Tragedy.

Environment

• It is the sum of the total of the elements, factors and conditions in the surroundings which may have an impact on the development, action or survival of an organism or group of organisms, such as, we human beings.

• What Environment has given us:• Air• Land • Water• Forest• Natural resources

Environment

Importance of the natural environment

• Natural environment is of crucial importance for social and economic life. We use the living world as

• an energy source• a source for recreation• a major source of medicines• natural resources for industrial

products• a resource for food supply

Humans & Environment

• Humans have had the ability to change their environment for thousands of years. Today this ability is greater than ever. This is because there are more people living now than ever before and human activity is concentrated in huge cities.

• Science and technology allow us to interfere with natural processes in more direct ways. (Ex.China)

• Industrialization, urbanization and population explosion are some of the phenomena which have had a drastic effect on the environment.

Environmental Pollution

• Any undesirable change in physical , chemical or biological characteristics of air , land , water or soil, that is likely to have an adverse effect on the natural environment or life, is termed as environment pollution. The different types of pollutions are:

• Air Pollution

• Water Pollution

• Land (soil) Pollution

• Noise Pollution

• Thermal Pollution

• Electro Pollution

The Underlying Causes of Environmental Degradation in India

• Social Factors• Economic Factors• Institutional Factors

Social Factors

• Population

• Poverty

• Urbanization

Economic Factors

• Non-existent or poorly functioning markets for environmental goods and services

• Market distortions created by price controls and subsidies

• The manufacturing technology adopted by most of the industries which generally is based on intensive resource and energy use.

• Expansion of chemical based industry

• Growing transport activities

• Expansion of port and harbour activities.

Institutional Factors

“Lack of awareness and infrastructure makes

implementation of most of the laws relating to

environment, extremely difficult and

ineffective”.

Air Pollution

• Air pollution is actually harmful substances in the atmosphere, which damages the environment. With the development of industries, came along the increase in air pollution.

• Impact of Air Pollution on Human Health– Global warming, Ozone depletion (Ozone hole), Acid rain– Polluted air contains one, or more, hazardous substance,

pollutant, or contaminant that creates a hazard to general health. – It is usually measured in terms of "particulate matter", or, the

number of particles of these potentially hazardous substances as a percentage of air.

– Air pollution in cities causes a shorter lifespan for city dwellers.

The key Health Problems caused by Air Pollution

• Asthma• Cancer• Respiratory problems• Heart disease• Birth defects• Intellectual disorders• Immune system damage

Water Pollution

• Water pollution is the contamination of water bodies (e.g. lakes, rivers, oceans, groundwater).

• Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds by mainly the industries.

• Infectious diseases such as typhoid and cholera can be contracted from drinking contaminated water.

• The human heart and kidney heart s can be adversely affected if polluted water is consumed regularly.

• Other health problems associated with polluted water are poor blood circulation, skin lesions, vomiting, and damage to the nervous system.

• In fact, the effects of water pollution are said to be the leading cause of death for humans across the globe.

Land Pollution

• Land Pollution is the degradation of Earth's land surfaces often caused by human activities and their misuse of land resources. It occurs when waste is not disposed properly. Health hazard disposal of urban and industrial wastes, exploitation of minerals, and improper use of soil by inadequate agricultural practices are a few factors.– Main Reason for land pollution

• Urbanization and concentration of population

• Municipal solid waste• Industrial waste and Hazardous Waste.• Burning open dumps and forest fires

• Deforestations • Mining and Erosion

Impact of Land Pollution

• Over a long period of time, landfills start to emit landfill gases. Landfill gas is produced due to the anaerobic conditions that organic wastes decomposed in.

• Most waste buried in landfills give rise to hazardous and toxic liquids known as leachates. These leachates contaminate water sources, like the ground water below the landfills, leading to water pollution.

• Besides the points mentioned above, it is also important to note that these over-crowded dumps, contaminated sites and careless disposal of waste also contributes to air and water pollution, as well as, acid rain.

Ministry Of Environment

• The primary concerns of the Ministry of Environment & Forests under the Government structure are implementation of policies and programs relating to conservation of the country’s natural resources including lakes and rivers, its biodiversity, forests and wildlife, ensuring the welfare of animals and prevention and abatement of pollution.

• The broad objectives of the Ministry are:– Conservation and survey of flora, fauna, forests and wildlife,

– Prevention and control of pollution,– Afforestation and regeneration of degraded areas,

– Protection of the environment, and– Ensuring the welfare of animals.

Mandate of the Ministry

• Environment and Ecology, including environment in coastal waters, in mangroves and coral reefs.

• Survey and Exploration of Natural Resources particularly of Forest, Flora, Fauna, Ecosystems etc.

• Bio-diversity Conservation including that of lakes and wetlands.

• Conservation, development, management and abatement of pollution of rivers which shall include National River Conservation Directorate.

• Environmental Impact Assessment. Environment research and development, education, training, information and awareness.

*Environmental Health. *Forest Development Agency and Joint Forest

Management Programme for conservation, management and afforestation.

*Wildlife conservation, preservation, protection planning, research, education, training and awareness including Project Tiger and Project Elephant.

*International co-operation on issues concerning Environment, Forestry and Wildlife**

Environmental Policy In India

Ancient India:

• The Arthashastra by Kautilya, written as early as between

300 and 321 BC, contained provisions meant to regulate a

number of aspects related to the environment.

• The fifth pillar edict of Emperor Ashoka also contains such

regulations

Environmental Policy In India

During the British Reign in India:

• Shore Nuisance (Bombay and Kolaba) Act, 1853• The Indian Penal Code, 1860• The Indian Easements Act, 1882 • The Fisheries Act, 1897

• The Factories Act, 1897

• The Bengal Smoke Nuisance Act, 1905

• The Bombay Smoke Nuisance Act, 1912 • The Elephant’s Preservation Act, 1879 • Wild Birds and Animals Protection Act, 1912

Environmental Policy In India

Modern India

•National Council for Environmental Policy and Planning

was set up in 1972 which was later evolved into Ministry of

Environment and Forests (MoEF) in 1985.

•MoEF and the pollution control boards (CPCB i.e. Central

Pollution Control Board and SPCBs i.e. State Pollution

Control Boards) together form the regulatory and

administrative core of the sector.

It is responsible for planning and executing comprehensive nationwide programs for the prevention and control of water and air pollution.

• Coordinating activities of State Pollution Control Board for prevention and control of pollution.

• Development of industry specific national minimal effluent and emission standards

• Development of industry specific environmental guidelines and comprehensive documents

• Development of charter/requirements for Corporate Responsibility for Environmental Protection (CREP) for seventeen major polluting industrial sectors and monitoring its implementation through eight task forces and steering committees

• Action plans for improvement of environment in eighty eight critically polluted areas and monitoring progress

• Action plans for improvement of air quality in sixteen polluted cities and monitoring progress

• National water quality monitoring and publishing annual water quality reports

• National ambient air quality monitoring and publishing annual water quality reports Carrying out and sponsoring research activities relevant to environment protection

Central Pollution Control Board

•Development of charter/requirements for Corporate Responsibility for Environmental Protection (CREP) for seventeen major polluting industrial sectors and monitoring its implementation through eight task forces and steering committees

• Action plans for improvement of environment in eighty eight critically polluted areas and monitoring progress

• Action plans for improvement of air quality in sixteen polluted cities and monitoring progress

• National water quality monitoring and publishing annual water quality reports

• National ambient air quality monitoring and publishing annual water quality reports Carrying out and sponsoring research activities relevant to environment protection

Environment ACT 1986

• The standards of quality of air, water or soil for various areas and purposes;

• The maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;

• The procedures and safeguards for the handling of hazardous substances;

• The prohibition and restrictions on the handling of hazardous substances in different areas;

• The prohibition and restriction on the location of industries and the carrying on process and operations in different areas;

* The procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

* Imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both• Continues beyond a period of one year after the date of

conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years

Environmental Policy In India

• The Policy Statement for Abatement of Pollution and the

National Conservation Strategy and Policy Statement on

Environment and Development were brought out by the

MOEF in 1992.

• The EAP (Environmental Action Program) was formulated

in 1993 with the objective of improving environmental

services and integrating environmental considerations into

development programs.

•National Environment Policy, 2006 : It the first initiative in strategy-formulation for environmental protection in a comprehensive manner.

*It undertakes a diagnosis of the causative factors of land

degradation with a view to flagging the remedial measures

required in this direction.

*It recognizes that the relevant fiscal, tariffs and sectoral policies

need to take explicit account of their unintentional impacts on

land degradation.

Environmental Policy In India

National Environment Policy, 2006 (contd.)

•The solutions offered to tackle the problem comprise adoption of both, science-based and traditional land-use practices, pilot-scale demonstrations, large scale dissemination, adoption of Multi-stakeholder partnerships, promotion of agro-forestry, organic farming, environmentally sustainable cropping patterns and adoption of efficient irrigation techniques.

Legislative Framework

•Water (Prevention and Control of Pollution) Act, 1974

•Water (Prevention and Control of Pollution) Cess Act, 1977

•Air (Prevention and Control of Pollution) Act, 1981

•Atomic Energy Act of 1982

•Motor Vehicles Act ,1988

•The Wildlife (Protection) Act, 1972

•The Forest (Conservation) Act, 1980

•Environment (Protection) Act, 1986 (EPA)

•The National Environment Appellate Authority Act, 1997

•Public Liability Insurance Act (PLIA), 1991

•National Environment Tribunal Act, 1995

Environment Impact Assessment (EIA)

There are two types of EIA models- the statutory model which makes the assessment of impact compulsory under an enacted law, or a delegated legislation, and the administrative model under which an administration exercises its discretion to find out whether an impact study is necessary. Till 1992, India was following the administrative model of EIA.

On 27th January, 1994 a notification was issued dealing with mandatory EIA. The notification requires project proponent to submit an EIA report, and environment management plan, details of the public hearing and a project report to the impact assessment agency for clearance, further review by a committee of experts in certain cases. By the amendment in the year 1997, public hearing was made compulsory before impact assessment was finalized.

Role of Judiciary in Imparting Environmental Justice

•Disputes relating to environment are treated as cases

related to violation of fundamental rights, rather than

claims under law of torts.

•It has been held that the Supreme Court and the High

Courts can be directly approached under Article 32 and

Article 226 of the Constitution of India in case of matters

relating to environment.

Global business leadership to combat climate change

•Copenhagen Climate Council: • Business leaders representing global companies and innovative

entrepreneurs, who, through their actions, reveal that sustainable, climate-responsible business is both necessary and profitable;

• Scientists will ensure that the work of the Council is underpinned by rigorous analysis;

• Policy makers with experience in public policy will ensure that the work is informed by knowledge of what is required to assist high-level, complex policy negotiations.

•The Kyoto Protocol :The major feature of the Kyoto Protocol is that it sets

binding targets for 37 industrialized countries and the European community for

reducing greenhouse gas (GHG) emissions .These amount to an average of five

per cent against 1990 levels over the five-year period 2008-2012.

The key principles of an effective global response

•Emissions Trading

•Dedicated Funds For Low Carbon Innovation

•Means To Protect Forests

•The Promotion Of Sustainable Agriculture

•Support For Adaptation

•Incentives To Promote Energy Efficiency

Indian Solar Power Sector Overview

Large Potential Exists..• Among top 5 destinations worldwide for Solar Energy

development as per Ernst & Young’s renewable energy attractiveness index

• Daytime production peak coincides with peak electricity demand making solar ideal supplement to grid

Though Limited growth till now..

• Cost of solar electricity versus conventional electricity has restricted past growth

Government encouraging Solar energy investments..

• The ministry is providing various incentives and duty concessions for both manufactures and users of products eg

•To help in running of solar projects, there is a subsidy of Rs 12/Kwh•Capital subsidy available in case of semiconductor based units•Provisions for Accelerated depreciation available for solar manufacturers•NIL excise duty for manufacturers•Low import tariff for several raw materials and components•Soft loans to users, intermediaries and manufacturers

Biomass

• Biomass already supplies 14 % of the world’s primary energy consumption. On average, biomass produces 38 % of the primary energy in developing countries.

• USA: 4% of total energy from bio mass, around 9000 MW

• INDIA is short of 15,000 MW of energy and it costs about 25,000crores annually for the government to import oil.

• Bio Mass from cattle manure, agricultural waste, forest residue and municipal waste.

• Anaerobic digestion of livestock wastes to give bio gas

• Digester consumes roughly one third the power it’s capable of producing.

• Fertilizers as by product.

• Average electricity generation of 5.5kWh per cow per day!!

Anaerobic digestion of livestock wastes to give bio gas

Digester consumes roughly one third the power it’s capable of producing.

Fertilizers as by product.

Average electricity generation of 5.5kWh per cow per day!!

Other Natural Resources

• Oil

• Coal

• Natural Gas

• Tidal

• Gobar gas Production

• Biogas

• Synthesis gas

Compressed Natural Gas

What exactly is CNG?CNG or compressed natural gas is a domestically available, economical, clean burning, alternative fuel source for vehicles. CNG is Compressed Natural Gas which has been used as an alternative clean burning fuel since the 1990sIt is essentially the same natural gas that is delivered to most homes to use for cooking, heating water, and forced air heat

1.Economic benefit: The cost of CNG is almost a third of the cost of Petrol in terms of calorific value resulting in substantial saving in fuel cost, and investment on the CNG kit is paid back in a short period

2. Environment friendly: The use of CNG as a fuel reduces vehicular exhaust emissions significantly. Carbon Monoxide emissions are reduced by 70 to 90% and Hydrocarbon emissions by 40 to 60% as compared to vehicles that use the conventional fuel - Petrol. Carbon Dioxide emissions, a cause for global warming, are also reduced significantly by 10%

Reasons for switching over to this alternate fuel

3. 100% Income Tax Depreciation: Corporate Organisations, firms, etc. can claim 100% depreciation on a CNG Conversion Kit as this is a pollution controlling equipment. Organisations that buy CNG Conversion Kits should consult their Income Tax Consultants and avail of the depreciation benefits

4. Flexibility and ease of use: The basic engine characteristics of a vehicle are retained while converting it to run on CNG. The vehicle therefore is capable of running either on Petrol or CNG at the flick of a switch on its dashboard.

In addition, owning a Clean Burning Fuel Vehicle has many other upsides & advantages including:

increased longevity on the car (oil changes every 5,000 to 9,000 miles) Engine components remain a lot cleaner with a clean burning fuel less wear on critical engine components, bringin the cost of maintenance down drastically. Better fuel efficiency in comparison to standard gasoline vehicles and much more.

Why CNG Now?You can save money and reduce greenhouse grass in one move ..

•Prime among its disadvantages is the loss of luggage space.

CNG cylinders take up a lot of storage space and generally have

to be placed in the boot of the car. •The body of the cylinders too have to be made of good grade

steel capable of handling the roughs and toughs of travelling. •The cost of conversion too is another major determining

factor. The conversion kit can cost from Rs. 25,000 to Rs.

35,000. •Experts claim that this cost can be recovered from the fuel

savings. Finally, based on its characteristics. CNG may slightly

hamper vehicle performance.

Disadvantage of CNG

Recommendation

• Consumption versus Preservation of Environmental Resources• Valuation of environmental damages• Natural Resource Accounting• Use of Economic instruments/Price Mechanism• Removing subsidies that encourage unsustainable use• Extension of Property rights• Trade and Environment• Development that can reduce poverty• Development of Infrastructure facility which can reduce the

pollution.• Develop the awareness for the environment among the people.• Peoples’ participation—Green Movement• Participation in global dimensions of environment

References:

• 1. Shore Nuisance (Bombay and Kolaba) Act, 1853• 2. The Indian Penal Code, 1860• 3. The Indian Easements Act, 1882

• 4. The Fisheries Act, 1897

• 5.The Factories Act, 1897

• 6.The Bengal Smoke Nuisance Act, 1905 • 7.The Bombay Smoke Nuisance Act, 1912 • 8.The Elephant’s Preservation Act, 1879

• 9.Wild Birds and Animals Protection Act, 1912

References

1. Water (Prevention and Control of Pollution) Act, 1974

2. Water (Prevention and Control of Pollution) Cess Act, 1977

3. Air (Prevention and Control of Pollution) Act, 1981

4. Motor Vehicles Act ,1988

5. The Wildlife (Protection) Act, 1972

6. The Forest (Conservation) Act, 1980

7. Environment (Protection) Act, 1986 (EPA)

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