The Air (Prevention And Control Of Pollution

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The Air (Prevention And Control Of Pollution

  1. 1. The Air (prevention and control of pollution) Act, 1981 A presentation for the regulators By Miss Charu Gupta MSc. Environment Management Project Director Indira Gandhi Center for Environment Protection www.igcep.com
  2. 2. During my project with Uttarakhand Environment Protection and Pollution Control Board during the early months of 2008, I came to conclusion that the work of Consent Management is being handled very casually by the officers of the Board. I realized that they lack training and experience for handling such work. During my current project on creating awareness of Environmental Laws amongst the people of Uttarakhand, I concluded, after going through many NOC’s issued by the UEPPCB that the working of the officers has not improved. They are still lacking in understanding the provisions of The Environmental Laws. Hence I thought to prepare few presentations on such laws. The present presentation is one of those.
  3. 3. Scope & Object of the Act <ul><li>The presence in air, beyond certain limits, of various pollutants discharged through industrial emission and from certain human activities connected with traffic, heating, use of demestic fuel, refuse incinerations, etc; has a detremental effect on the health of the people as also on animal life, vegetation and property. </li></ul><ul><li>The Central Government legislated the bill to implement the decisions taken regarding the preservation of the quality of Air and control of air pollution, in Stockholm in the United Nations Conference on the Human Environment, held in June, 1972. (source Gazette of India, Extraordinary, Pt. 11, Sec. 2, dated the 24 th November, 1980) </li></ul>
  4. 4. Scope and object of the Act -II <ul><li>The Act is designed to prevent, control and abatement of air-pollution; the provisions relate to preservation of quality of air and control of pollution. Keeping in view these objects the Act has provided for measures, which are preventive in nature, in the cases of indusries to be established; and in the case of indusries already established, they are remedial. In the case of estblished industries, it insists on obtaining consent of Board, making the industy amenable to the administrative control of the Board. Once a consent is given, the Board can issue orders, directions etc; which are to be complied with by the industry. ( Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board, A.I.R. 1987 Kant. 82 at p. 86.) </li></ul>
  5. 5. Definitions <ul><li>“ air pollutant” means any solid, liquid or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. </li></ul><ul><li>“ air pollution” means the presence in the atmosphere of any pollutant. </li></ul><ul><li>“ approved appliance” means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved by State Board for the purpose of this Act. </li></ul><ul><li>“ approved fuel” means any fuel approved by the State Board for the purposes of this Act. </li></ul><ul><li>“ chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted. </li></ul><ul><li>“ control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant. </li></ul><ul><li>“ emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet. </li></ul><ul><li>“ board” means the Central Board or a State Board. </li></ul>
  6. 6. Bodies constituted to enforce the Act <ul><li>Central Pollution Control Board constituted under section 3 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention and control of air pollution. </li></ul><ul><li>State Pollution Control Boards constituted under section 4 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention and control of air pollution. </li></ul>
  7. 7. Functions of the Central Board <ul><li>The main functions of the Central Board is to improve the quality of air and to prevent, control or abate air pollution in the country </li></ul>
  8. 8. Functions of the Central Board-II <ul><li>Some functions of the Central Board. In performance of its functions, Central Board may </li></ul><ul><li>► Advice the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution. </li></ul><ul><li>► Provide technical assistance and guidance to the State Board, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution. </li></ul><ul><li>► Perform such of the functions of any state board as may be specified in an order made under sub-section 2 of section 18 </li></ul><ul><li>► lay down standards for the quality of air. </li></ul><ul><li>► Collect and disseminate information in respect of matters relating to air pollution. </li></ul>
  9. 9. National Minimum Standards for Air Quality <ul><li>The new National Minimum standards for Air Quality has been notified by the CPCB under sub-section (2)(h) of section 16 of the Act on 18 th November 2009, and has been made effective from that date, for whole of India </li></ul><ul><li>In the new notification only two categories of area has been created Eco Sensitive Areas (notified by Central Government) and non Eco Sensitive Area. </li></ul>
  10. 10. Functions of the State Board <ul><li>Some functions of the State Board. In performance of its functions, State Board shall </li></ul><ul><li>► Plan a comprehensive programme for the prevention, control or abatement of air pollution and secure the execution thereof, </li></ul><ul><li>► collect and disseminate information relating to air pollution; </li></ul><ul><li>inspect, at all reasonable times, any control equipment, industrial plant, or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; </li></ul><ul><li>► advice the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; </li></ul><ul><li>► to lay down, in consultation with the Central Board and having regard to the standards, for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from Industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft; </li></ul><ul><li>► to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government. </li></ul>
  11. 11. Powers of the Central Government and State Government <ul><li>The Central Board shall be bound by such directions in writing as the Central Government may give to it. (section 18(1)(a) </li></ul><ul><li>Every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it. (section 18(1)(b) </li></ul><ul><li>Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in public interest, it may by order, direct the Central Board to perform any of the functions of the state Board in relation to such area, for such period and for such purposes, as may be specified in the order. {section 18 (2)} </li></ul>
  12. 12. Check on State Government advice <ul><li>Though the section 18(1)(b) of the Act gives power to the State Government to give directions to a State Board but the directions do not have binding effect if those are inconsistent with the provisions of the Act. </li></ul><ul><li>There is no provision under which the Parliament has vested any discretion with the State Government to grant exemption to any particular industrial plant or class of plant. The state board of Karnatka exempted 115 industrial plants in its resolution purportedly on the directions of the state government. The high court of Karnatka quashed the resolution. (K. Muniswamy Gowda v. State of Karnatka, 1998 (3) Kant. L.J, 594 at P. 608) </li></ul>
  13. 13. Emissions from automobiles <ul><li>With a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under Cl. (g) of sub section (1) of Section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, (4 of 1939) and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions. </li></ul><ul><li>Hon’ble Supreme Court of India with a view to tackle problems arising out of chaotic traffic conditions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in addressing themselves to those problems, issued certain directions accepting the report of Bhure Lal Committee, as it was felt by the court that any further delay in the performance of its duty by the Administration could not be remitted. ( M.C. Mehta v. Union of India, (1998) 3 B.L.J.R. 2194 at p. 2195(SC) </li></ul>
  14. 14. Responsibility of the persons <ul><li>Subject to the provisions of the section 21 of the Act, no person shall, without the previous consent of the state Board, establish or operate any Industrial Plant in an air pollution control area. </li></ul><ul><li>The person who wants to establish or operate any Industrial Plant has to move an application for consent of the Board accompanied by prescribed fees in a prescribed form and with the particular of the Industrial plant and other particulars as may be prescribed. </li></ul><ul><li>Applicability of the Environment Protection Act, 1986. </li></ul><ul><li>Section 7 of the Act envisaged “ No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.” </li></ul>
  15. 15. Responsibility of the State Board <ul><li>The State Board has to dispose off the application received by any person for consent for establishing or to operate within a period of four months. </li></ul><ul><li>The State Board can grant the consent subject to conditions and for some certain period by recording in the order. </li></ul><ul><li>The State Board can refuse a further consent after the expiry of the granted consent or cancel an already granted consent before the expiry of the period if the conditions imposed in the order have not been fulfilled after according an opportunity of hearing to the person. </li></ul><ul><li>Applicability of the Environment Protection Act, 1986. </li></ul><ul><li>Section 7 of the Act envisaged “ No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.” </li></ul><ul><li>It is the responsibility of the state board that it should not permit to be discharged any environmental pollutants in excess of the standards specified in sechedule 1to schedule VI of The EP Rules, 1986. </li></ul>
  16. 16. Responsibility of the person whom consent has been granted. <ul><li>Every person to whom consent has been granted by the State Board shall comply with the following conditions, namely:- </li></ul><ul><li>The control equipment of such specifications as the state board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on; </li></ul><ul><li>The existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board; </li></ul><ul><li>The control equipment referred to in Cl. (i) or (ii) shall be kept at all times in good running conditions; </li></ul><ul><li>Chimney, wherever necessary, of such specifications as the state board may approve in this behalf shall be erected or re-erected in such premises. </li></ul><ul><li>Such other conditions as the State Board, may specify in this behalf; and </li></ul><ul><li>The conditions referred to in Cls. (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf. </li></ul><ul><li>Has to submit Environmental statement as has been made mandatory under section 14 of The Environment (Protection) Rules, 1986. </li></ul>
  17. 17. Standards for Emissions of air pollutants <ul><li>Till The Environment (Protection) Act, 1986 was legislated by the Parliament of India, the State Boards were having powers to lay down the standards for air pollutants to be discharged in the atmosphere, under clause (g) of sub-section (1) of Section 17. </li></ul><ul><li>Since 1986, Central Government has been issuing Standards for Emissions under the provisions of Environment protection Act and its Rules. These standards has been specified in schedule 1 to VI of the Environment (Protection) Rules 1986. </li></ul><ul><li>Central Board or State Boards may specify more stringent standards than those specified in schedule 1 to VI of the EP Rules. </li></ul>
  18. 18. Monitoring by the State Board <ul><li>The officers of the Board have been empowered to take samples of air or emission by the Act. </li></ul><ul><li>For analyzing the samples the State Government may, by notification in the Official Gazette establish one or more State Air Laboratories. </li></ul><ul><li>The State Government may, by notification in the Official Gazette, appoint persons having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of air or emission. </li></ul><ul><li>State Board may, by notification in the official Gazette, and with the approval of the State Government, appoint persons having prescribed qualifications to be Board analyst for the purpose of analysis of samples of air or emissions. </li></ul>
  19. 19. State Board’s power to give directions <ul><li>Under section 31-A of the Air Act, the Board may, in the exercise of its power and performance of its functions under the Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions and it is also empowered under sub-section(a) and (b) of Section 31-A to direct the closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of supply of electricity, water or any other services. </li></ul>
  20. 20. Penalties for non compliance <ul><li>Whoever fails to comply with the provisions of Section 21 or Section 22 or directions issued under Section 31-A, shall, in respect of such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such filure continues after the conviction for the firest such failure. </li></ul><ul><li>If the failure referred above continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. </li></ul>
  21. 21. Penalty for contravention of certain provisions of this Act <ul><li>Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to three months or with fine which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after conviction for the first such contravention. (Section 39) </li></ul><ul><li>The officials of the State Board and even the State Board who have been given/delegated powers for the execution of this act can be penalized for contravention of those provisions which have to be enforced by them,. </li></ul><ul><li>Those also can be penalized for contravening the directions issued by the Central Board for the performance of this Act </li></ul>
  22. 22. Contravention by the State Board <ul><li>Allowing the Industries without a Consent to Establish </li></ul><ul><li>Allowing the Industries to operate without granting a legal valid consent </li></ul><ul><li>Not taking any decision on the applications of the industries within prescribed statutory period of four months. </li></ul><ul><li>Allowing the industries to operate after the expiry of already granted consent. </li></ul><ul><li>Issuing Consent to operate for the period which has already been expired. </li></ul><ul><li>Non Notifying the Analyst for analyzing the samples as required under section 29(2) of This Act. </li></ul><ul><li>Issuing consent to operate without monitoring the Industries, required as per the directions issued by the Central Board. </li></ul><ul><li>NOTE </li></ul><ul><li>Consent can neither be withheld nor granted without proper examination. </li></ul>
  23. 23. ATTENTION <ul><li>The Air Act is a beneficial legislation which is enacted for the purpose of proper maintenance of nature and health of public at large. Hence, even if it is possible to have two opinions on the construction of the provisions of the Act, the one which advances the object of the Act and is in favour of the people at large for whose benefit the Act is Passed, has to be accepted. (AIR 2005 S.C. 3136) </li></ul>
  24. 24. Complaints <ul><li>It is not the intent of law that the community as a whole or a large number of complainants come forward to lodge their complaint or protest against the nuisance, that does not require any particular number of complaints. (Krishan Gopal v. State of Madhya Pradesh, 1986 Cr. L.J. 396 at pp. 399,400,401 (MP) </li></ul>
  25. 25. Expectations <ul><li>I do expect that now-on-wards the Board and its officers would adhere to the provisions of the Act and follow the directions issued by the Central Board to execute the Act in letter and spirit and in the benefits of the common people for whose health and for providing clean air this Act has been legislated by the Parliament of India. </li></ul>
  26. 26. Thank you! Miss Charu Gupta [email_address] 099871335759 Fax 011-29815352 Indira Gandhi Center for Environment Protection 205, Vibrant Resorts, Village Kolhupani, Aamwala Marg, Near Nanda Ki Choki, Dehradun, Uttarakhand. India

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