Welcome to the website of the Indian Institute of Ecology and Environment (iiee), New Delhi

The Water Pollution related Acts are comprehensive in their coverage, applying to streams, inland waters, subterranean waters, and seas or tidal waters. Standards for the discharge of effluent or the quality of the receiving waters are not specified in the Acts itself. Instead these Acts enable the State Boards to prescribe these standards. These Acts also provides for a permit system or ‘consent’ procedure to prevent and control water pollution. These Acts generally prohibits disposal of polluting matter in streams, wells and sewers or on land in excess of the standards established by the State Boards. A person must obtain consent from the State Board before taking steps to establish any industry, operation or process, any treatment and disposal system or any extension or addition to such a system which might result in the discharge of sewage or trade effluent into a stream, well or sewer or onto land.

o The Water (Prevention and Control of Pollution) Act, 1974, as amended up to 1988.

o The Water (Prevention and Control of Pollution) Rules, 1975.

o The Water (Prevention and Control of Pollution) (Procedure for Transaction of Business) Rules, 1975.

o The Water (Prevention and Control of Pollution) Cess Act, 1977, as amended by Amendment Act, 1991.

o The Water (Prevention and Control of Pollution) Cess Rules, 1978.

o The Water (Prevention and Control of Pollution) Act, 1974, as amended up to 1988.

The legislation establishes a Central Pollution Control Board, and State Pollution Control Boards for Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharshtra, Orissa, Rajasthan, Tamilnadu, Tripura, Uttar Pradesh and West Bengal, as well as the Union Territories. Each Board, Central or State, consists of a chairman and five members, with agriculture, fisheries and Government-owned industry all having representation.

Some of the main responsibilities of the Central Board, pursuant to promoting cleanliness and pollution abatement of streams and wells, include: coordinating Activities of State Boards and resolving disputes among them; providing technical assistance; conducting investigations; opening laboratories for analysis of samples; establishing fees for different types of sample testing; researching issues and problems; training personnel; conducting media and public awareness campaigns; collecting and disseminating data on water pollution; and working with State Boards to set standards by stream or well.

The State Boards have similar responsibilities, although they also play an important subsidiary role of doing plant-level inspections and monitoring, and advising the Central Board of problems and trends at the local level. Plants can be required to provide the State with information on their pollution control technologies, and the State may acquire effluent samples, which are admissible in court. State Board members also have unfettered access to any plant site at any time. In situations where a State Board believes immediate Action is necessary, it has the authority to prevent further discharges, and can also apply to a Judicial Magistrate for a restraining order. In the case of an emergency, State Boards are empowered to take whatever measures they deem necessary.

The legislation also sets out specific penalties (prison sentences and fines) for violations of the Act. For example, anyone destroying Board property, preventing a Board employee from performing his or her duties, knowingly providing false information to the Board, tampering with monitoring devices installed by the Board can be imprisoned up to three months, or fined as much as Rs. 10,000, or both. More serious violations of the law can incur stiffer penalties, some as high as seven years of imprisonment or Rs. 5,000 per day fines.

The Water (Prevention and Control of Pollution) Cess Act, 1977, as amended by Amendment Act, 1991.

The Water Cess Act was passed to help meet the expenses of the Central and State Water Board. The Act creates economic incentives for pollution control through a differential tax structure and requires local authorities and certain designated industry to pay a cess (tax) for water consumption. These revenues are used to implement the Water Act. The Central Government, after deducting the expenses of collection, pays the Central Board and the States such sums, as it deems necessary to enforce provisions of the Water Act. To encourage capital investment in pollution control, the Act gives a polluter a 25 per cent rebate f the applicable cess upon installing effluent treatment equipment and meeting the applicable norms.

These Acts aims at prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the purposes of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

o The Air (Prevention and Control of Pollution) Act, 1981, as amended by Amendment Act,1987.

o The Air (Prevention and Control of Pollution) Rules, 1982.

o The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983.

o The Air (Prevention and Control of Pollution) Act, 1981, as amended by Amendment Act, 1987.

The Air Acts framework is to enable integrated approach to environmental problems, the Air Act expanded the authority of the Central and State Boards established under the Water Act, to include air pollution. States not having air pollution Boards were required to set up air pollution Boards.

Under the Air Act, all industries operating within designated air pollution control areas must obtain “consent” (permit) from the State Boards. These States are required to prescribe emission standards for industry and automobiles after consulting the Central Board and noting its ambient air quality standards.

This Rule aims at controlling noise levels in public places from various sources, inter-alia, industrial Activity, construction Activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices having deleterious effects on human health and the psychological well being of the people. The objective of the Rule is to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise.

India’s lengthy coast stretches over 6,000 kilometers, supporting numerous fishing communities and driving the economies of coastal villages, towns and cities. The legislative framework for controlling marine pollution is provided by the Territorial Waters, Continental Shelf, Exclusive economic Zone and Other Maritime Zones Act of 1976. Development along coastal stretches is severely restricted under a regime comprising the Coastal Regulation Zone (CRZ) Notification of 1991; the approved Coastal Zone Management Plans (CZMPs) for each State or region.

o Coastal Regulation Zone Notification

o Coastal Regulation Zone Notification

o Aquaculture Authority Notification

o Coastal Zone Management Authority Notifications

The Forest Conservation Act gives the State jurisdiction over both public and private forests and facilitates the extraction of timber for profit. Public forests are those in which State Governments have a proprietary interest, are divided into three categories: Reserve forests, Village forests and Protected forests. In extending to forests land, which is not the property of the Government, The Indian Forest Act represents strong Governmental intrusion into private rights. The Act also authorizes State Governments to acquire private land for public purposes under the Land Acquisition Act. These Forest Conservation Acts also provide protection and compensation for legally recognized individual or community rights to forest land or forest products.

o The Indian Forest Act, 1927

o Forest (Conservation) Act, 1980

o Forest (Conservation) Rules, 1981

o National Forest Policy, 1988

o Guidelines for diversion of forest land

The Indian Forest Act, 1927

This Act deals with four categories of forests, namely, reserved forests, village forests, protected forests, and non-Government (private) forests. Any unauthorized felling of trees, quarrying, grazing and hunting in reserved forests is punishable with a fine or imprisonment. The Forest Act is administered by forest officers who are authorized to compel the attendance of witness and the production of documents, to issue search warrants and to take evidence in an enquiry into forest offences.

This Act was as a result of rapid decline in forest cover. Until then, Deforestation averaged 1 million hectare a year. The Act prohibits the deletion of a reserved forest, or the diversion of forestland for any ‘non-forest’ purpose, and prevents the cutting of trees in a forest without the prior approval of the Central Government. Contravention of the Act attrActs up to 15 days in prison.

For over a century, Indian Wildlife has received sporadic protection through numerous, species-specific statutes. The primary intent of most early statutes was to preserve game animals for hunting.

o The Indian Wildlife (Protection) Act, 1972

o The Wildlife (Transaction and Taxidermy) Rules, 1973

o The Wildlife (Stock Declaration) Central Rules, 1973

o The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983

o Recognition of Zoo Rules 1992 Wildlife (Protection) Rules, 1995

o Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995

o Wildlife (Specified Plant Stock Declaration) Central Rules, 1995

o Guidelines for Appointment Of Honorary Wildlife Wardens.

The Wildlife Act provides for State Wildlife Advisory Boards, regulations for hunting wild animals and birds, establishment of sanctuaries and national parks, regulations for trade in wild animals, animal products and trophies, and judicially imposed penalties for violating the Act. This Act also prohibits harming endangered species, hunting other species like those requiring special protection, big game, and small game through licensing few species classified as Vermin may be hunted without restrictions. The amendment to the Act in 1982, introduced provisions permitting the capture and transportation of wild animals for the scientific management of animal populations. Comprehensive amendments to the parent Act in 1991 resulted in the insertion of special chapters dealing with the protection of specified plants and the regulation of zoos.

Under this measure, the Central Government has responsibility for deciding standards, restricting industrial sites, laying down procedures and safeguards for accident prevention and handling of hazardous waste, oversight of investigations and research on pollution issues, on-site inspections, establishment of laboratories, and collection and dissemination of information. Samples collected by Central Government officials can be admissible in Court. The Department of Environment, Forests and Wildlife, which is within the Ministry of Environment and Forestry, was designated as the lead agency for administration and enforcement. The bill also sets standards on specific pollutants in specific industrial sectors. The measure provides guidelines for location of industries and mining areas, for permitting and restricting industries in environmentally sensitive areas, coastal zone regulations and environmental impact assessments of development projects. Committees convened to conduct EIA’s must have disciplines in eco-system and water resource management, air and water pollution control, flora and fauna conservation, land use planning, social sciences, ecology and environmental health. Public hearings are also pre-requisite for project clearance. The measure also delineates a system where a manufactured product can receive certification as environmentally friendly or compatible.

The law also promulgates rules on hazardous waste management and handling. The Act defines the responsibilities of handlers, circumstances for granting authorization, conditions of disposal sites, rules for importing hazardous wastes, reporting of accidents, packaging and labeling requirements and an appeal process for potential handlers who have been denied authorization. Rules were also promulgated on the manufacture, storage and import of hazardous or toxic chemicals, micro organisms, genetically engineered organisms, or cells. For issues regarding micro organisms and cells, biosafety and approval Committees can be convened with experts in pertinent fields serving as chairman, co-chairman and members.

HAZARDOUS SUBSTANCE MANAGEMENT RELATED

Hazardous substances pervade modern industrialized societies. Indian industry generates, uses, and discards toxic substances. Hazardous substances include flammables, explosives, heavy metals such as lead, arsenic and mercury, nuclear and petroleum fuel by-product, dangerous microorganism and scores of synthetic chemical compounds like DDT and dioxins. Exposure to Toxic substances may cause acute or chronic health effects. Toxic substances are extensively regulated in India. The first comprehensive rules to deal with one segment of the toxics problem, namely hazardous wastes, were issued by the Central Government in July, 1989. Radioactive wastes, covered under the Atomic Energy Act of 1962, and wastes discharged from ships, covered under the Merchant Shipping Act of 1958, are explicitly excluded from the Hazardous Wastes Rules.

o Hazardous Wastes (Management and Handling) Rules, 1989

o Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

o Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells Rules, 1989

o Bio-Medical Waste (Management and Handling) Rules, 1998

o Re-cycled Plastics Manufacture and Usage Rules, 1999

o Dumping and Disposal of Fly ash - Notification

o Hazardous Wastes (Management and Handling) Amendment Rules, 2000 - Draft Notification.

o Municipal Solid Wastes (Management & Handling) Rules, 2000

o Batteries (Management & Handling) Rules, 2001

o Re-cycled Plastics Manufacture and Usage Amendment Rules, 2002

o Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000 - Draft Notification

o Hazardous Wastes (Management and Handling) Amendment Rules, 2002

o Eco-Marks Scheme

o The Eco Sensitive Zone - Pachmarhi, Notification, 1998

o Ozone Depleting Substances (Regulation) Rules, 2000

o New Biodiversity Bill - 2000

o The Eco Sensitive Zone - Mahabaleswar Panchgani Region, 2001

o Taj Trapezium Zone Pollution (Prevent and Control) Authority - Order

ECO-MARKS SCHEME

Scheme of Labelling of Environment Friendly Products (ECO-MARKS) .This scheme aims at Labelling of Environment Friendly Products. The scheme operates on a national basis and provides accreditation and labelling for household and other consumer products, which meet certain environmental criteria along with quality requirements of the Indian Standards for that product.

Any product, which is made, used or disposed of in a way that significantly reduces the harm it would otherwise cause the environment, is considered as Environment Friendly Product.

This scheme was introduced with the following objectives

o To provide an incentive for manufacturers and importers to reduce adverse environmental impact of products.

o To reward genuine initiatives by companies to reduce adverse environmental impact of their products.

o To assist consumers to become environmentally responsible in their daily lives by providing information to take account of environmental factors in their purchase decisions.

o To encourage citizens to purchase products which have less harmful environmental impacts.

o Ultimately to improve the quality of the environment and to encourage the sustainable management of resources.

ENVIRONMENTAL IMPACT ASSESSMENT

The Environmental Impact Assessment (EIA) is an effort to anticipate, measure and weigh the socio-economic and biophysical changes that may result from a proposed project. It assists decision-makers in considering the proposed project’s environmental costs and benefits. When the benefits sufficiently exceed the costs, the project can be viewed as environmentally justified.

This is a relatively new planning and decision-making tool first enshrined in the United States in the National Environmental Policy Act of 1969. It is a formal study process used to predict the environmental consequences of any development project.

Environmental Assessment enables us in carrying out Environmental Cost-Benefit Analysis of projects at an initial stage. It is thus a pre-cursor to detailed analysis of environmental impacts, which are taken up only if a need for the same is established. It gives a view of the Actors involved in the ‘development-environment linkages. This is required in view of the fact that the community at large is always at a loss in terms of deterioration of living environment that accompanies industrial development. Based on Environmental Assessment, the regulatory measures can be identified and the roles of concerned agencies defined for achieving more efficient environmental management.

In view of the fact that development is an ever-growing process, its impact on the environment is also ever increasing, leading to rapid deterioration in environmental conditions. As such Environmental Assessment provides a rational approach to sustainable development.

EIA, in brief, extrapolates from scientific knowledge to assess the problem consequences of some human interventions on nature. Although EIA uses the techniques of science, it differs from ordinary scientific inquiry, because it is dealing with events which have not yet occurred, may not occur, and whose chances of occurrence may be changed by the very Statement that they may occur.

Some measures are required to be taken in the future to reduce the anticipated environmental degradation. Before starting a major project, it is essential to assess the present environment without the project, and the likely impact of the project on the environment, when it is completed. Therefore, an Environment Impact Assessment has to be made before starting a project. For analysis of environmental impacts, many professions and disciplines have to be involved. Like economic and engineering feasibility studies, Environmental Impact Assessment is a management tool for officials and managers who make important decisions about major development projects.

The Environmental Impact Assessment has the following objectives:

i) Production of environmental impact of projects

ii) Finding ways and means to reduce adverse impacts

iii) Shaping project to suit local environment

iv) Presenting the predictions and options to the decision-makers

The phrase ‘Environmental Impact Assessment ‘comes from Sec. 102 (2) of the National Environmental Policy Act (NEPA), 1969, USA. Some rudiments of EIA are implicit even in early examples of environmental legislation. Napoleon in 1910 issued a decree which divided noxious occupations into categories: those which must be far removed from habitations, those which may be permitted on the outskirts of towns, and those which can be tolerated even close to habitations, having regard to the importance of the work and the importance of the surrounding dwellings.

Prior to January 1994, EIA in India was carried out under administrative guidelines, which required the project proponents of major irrigation projects, river valley projects, power projects, ports and harbors, etc., to secure a clearance from the Union Ministry of Environment and Forests (MEF). The procedure required the Authority to submit environmental information to the MEF by filling out questionnaires or checklists. The Ministry’s Environmental Appraisal Committees carried out the environmental appraisal.

On 27 January 1994, the MEF notified mandatory EIA’s under rule 5 of the Environment (Protection) Rules of 1986 for 29 designated projects. The notification made it obligatory to prepare and submit an EIA, an Environment Management Plan (EMP), and a project report to an Impact Assessment Agency and was required to consult a Multi-disciplinary Committee of experts. Under the January 1994 notification any member of the public was to have access to a summary of the Project Report and the detailed EMPs. Public hearings were mandatory. This represented India’s first attempt at a comprehensive EIA scheme. The environmental Action formally started with the participation of late Smt. Indira Gandhi in the UN Conference on Human Environment in Stockholm in 1972. A National Committee on Environmental Planning & Coordination (NCEPC) was established to be the apex body in the Department of Science and Technology. The term ‘Environment figured for the first time in the Fourth Five Year Plan (1969-74) which recorded that ‘harmonious development was possible only on the basis of a comprehensive appraisal of environmental issues. The Tiwari Committee (Committee on Review of Legislative Measures and Administrative Measures), headed by Shri N.D. Tiwari, the then Deputy Chairman of The Planning Commission, in its report in 1980, recommended creation of a Department of Environment as a nodal agency to ensure environmental protection, to carry out environmental impact studies of proposed development projects, and to have administrative responsibility for pollution monitoring and control. The Department came into being in 1980 within the Ministry of Science and Technology under the charge of the then Prime Minister. Later on, the subjects of wildlife and forestry were added to the list and a new Ministry of Environment and Forests was created with the Prime Minister holding its charge. Since its inception the Department (under the Ministry) has issued various guidelines on EIA for various projects.

EIA Process and Procedures

(As recommended by the Ministry of Environment and Forest, Government of India). The EIA process in India is made up of the following phases

Screening is done to see whether a project requires environmental clearance as per the statutory notifications

Scoping is a process of detailing the terms of reference of EIA. It has to be done by the consultant with the project proponent and guidance, if need be, from Impact Assessment Agency.

Baseline data describes the existing environmental status of the identified study area. The site-specific primary data should be monitored for the identified parameters and supplemented by secondary data if available.

Impact prediction is a way of ‘mapping’ the environmental consequences of the significant aspects of the project and its alternatives.

For every project, possible alternatives should be identified and environmental attributes compared. Alternatives should cover both project location and process technologies. Alternatives should consider ‘no project’ option also. Alternatives should then be ranked for selection of the best environmental optimum economic benefits to the community at large.