Envt Prot Act 1986


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Envt Prot Act 1986

  2. 2. In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution.   The purpose of the Act is to act as an "umbrella" legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with "environment" defined to include water, air and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. However the Delhi Pollution Control Committee has been vested with the powers under the provisions under Section 5 the Central Government may, in exercise of its powers and performance of its function under this act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions which includes (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service (The Central Government has delegated the powers vested in it under Section 5 of the Act to DPCC) to be verified.
  3. 3. The main objective of this Act is to provide the protection and improvement of environment (which includes water, air, land, human being, other living creatures, plants, micro-organism and properties) and for matters connected therewith. There is a constitutional provision also for the environment protection. Article 48A, specify that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country and every citizen shall protect the environment (51 A). The Environment (Protection) Act is applicable to whole of India including Jammu & Kashmir.
  4. 4. <ul><li>Environment: It includes water, air, and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property. </li></ul><ul><li>Environmental Pollution: It means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being are known as pollutant and presence of any pollutant in the environment in such proportion and concentration that has bearing on health and environment is termed as &quot;Environmental Pollution&quot;. </li></ul><ul><li>Handling: In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc. </li></ul><ul><li>Occupier: It means a person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance. </li></ul>
  5. 5. <ul><li>The Act provides power to make rules to regulate environmental pollution, to notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes, prohibition and restriction on the handling of hazardous substances and location of industries (Sections 3-6). </li></ul><ul><li>The Central Government is empowered to constitute authority or authorities for the purpose of exercising of performing such of the powers and functions (Sec 3), appoint a person for inspection (Sec 4), for analysis or samples and for selection or notification of environmental laboratories. Such person or agency has power to inspect or can enter in the premises or can take samples for analysis (Sections 10, 11). </li></ul>
  6. 6. <ul><li>According to the section 5, the Central Government may issue directions in writing to any person or officers or any authority to comply. There could be closure, prohibition of the supply of electricity or operation or process; or stoppage or regulation of the supply of electricity or water or any other service. Section 6 empower the government to make rules to achieve the object of the Act. </li></ul><ul><li>Persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards (Sec 7). Persons handling hazardous substances must comply with procedural safeguards (Sec 8) and occupiers must furnish the information to authority. </li></ul>
  7. 7. Penalty Whoever Person or Owner/Occupier of companies, factories or whichever source found to be the cause of pollution may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). If not comply fine of Rs. 5000 per day extra and if not comply for more than one year then imprisonment may extend up to 7 years. Section 17 specify that Head of the department/ in-charge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence. The CPCB or state boards have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution. No suit, prosecution or other legal proceedings shall lie against govt. officer who has exercise power in good faith in pursuance of this Act
  8. 8. The Water (Prevention and Control of Pollution) Act : Was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988 Scope And Coverage - Applies to all establishments discharging effluents in water or an land. Main Provisions - Procedure for consent - Laying down standards - Collection of samples and analysis - Penalty provision. When To Consult And Refer - While making the project report for pollution control requirements. - While managing effluent discharge at all times
  9. 9. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Scope And Coverage - Applies to all industries Main Provisions - Declaring Air pollution control areas - Setting standards - Procedure for consent - Penalty provisions When To Consult And Refer - At the time of making project report for pollution control requirements - While managing discharge in air within standards at all times
  10. 10. Section 17 (g) To lay down standards for emissions. Section 17 (h) To advise the state government on location of any industry. Section 17(2) To establish as recognized laboratories. Section 18 Powers to give directions to state boards by central pollution control board / state government. Section 19 Power to declare air pollution control areas. Section 19 (3) To prohibit the use of fuel. Section 19(4) To prohibit the use of appliance. Section 19(5) To prohibit burning of any material (not fuel). Section 20 Powers to give instructions for ensuring standards for emissions from automobiles. Section 21 Restriction on use of certain industrial plants. Require consent to establish or operation of any plant from the board. Section 22 Persons carrying on industry not to allow emission of air pollutants in excess of the standards laid down by the board under section 17(1)(19)
  11. 11. Section 23 Furnishing of information to state boards and other agencies in certain cases like accidents, unforeseen act or event etc. Section 24 Power of entry and inspection. Section 24 (4) If any person willfully delay and or obstructs any person empowered by the board in discharging duties shall be guilty of an offence under this act. Section 25 Power to obtain information. Section 26 Power to take samples of air or emission and procedures to be followed in connection therewith. Section 27 Reports of the results of analysis on samples taken under section 26 & procedures to be followed. Sec t ion 31 Appeals. Section 31 (A) Powers to give direction (closure, stoppage of electricity, water or any other service) Section 37-52 deals with the various penalties and procedures with this act.
  12. 12. <ul><li>MRPL’s Environment Policy: </li></ul><ul><li>Achieve & sustain excellence in petroleum refining by producing quality products in an eco-friendly and safe environment by adopting sound/efficient technologies. </li></ul><ul><li>Continuous strive for prevention of pollution through efficient use of resources such as raw materials, water and energy. </li></ul><ul><li>Continual improvement of environmental; performance by minimizing air emissions, odor and effluent generation and better management of solid and hazardous wastes. </li></ul><ul><li>Comply with all statutory, regulatory and other applicable requirements. </li></ul><ul><li>Promote environment responsibility and propagate the policy among all employees, concerned contractors and suppliers. Policy is always available to public. </li></ul><ul><li>Sustain and promote green belt. </li></ul>
  13. 13. THANK YOU