General Legal Provisions For Pollution Control

Army Institute of Law, Mohali

In the partial fulfillment of BA LLB 5 Year Course

Submitted to:- Miss Pooja Thakur

(Assistant Professor of Law)

Submitted by:- Astha kumari

3yr Section A
Acknowledgement

I, would like to express my deepest gratitude to Miss Pooja Devi Thakur Assistant
Professor of Law, for her kind support and guidance. She has helped me in making this
project through enlightening me on this topic. I am really thankful to her for cooperating
with me whenever required. I have learnt a lot through my project.

ASTHA KUMARI

1435

3rd year
Index

1. Introduction
Indian Constitution Article 48a
Indian Constitution Article 51-A (G)

2. Jurisdiction of Environmental Legislation In India

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

4. The Air (Prevention & Control of Pollution) Act, 1981
5. Environment (Protection) Act, 1986

6. The Hazardous Waste (Management and Handling) Rules, 1989,

Amendments 2000
7. The Hazardous Waste (Management and Handling) Rules, 1989,
Amendments 2000, Draft Amendments 2002
8. Manufacture, Storage and Import of Hazardous Chemical (Amendment)
Rules, 1994, 2000
9. The Public Liability Insurance Act, 1991
10.The National Environment Tribunal Act, 1995Regulation on Recycling
of Waste Materials, 1999, 2000
11.Noise Pollution (Regulation & Control) Rules, 2000

12.remedies available under the torts law

Nuisance
Trespass
Negligence
Strict liability
INTRODUCTION :

There are many environmental issues in India. Air pollution, water pollution, garbage,
and pollution of the natural environment are all challenges for India. According to data
collection and environment assessment studies of World Bank experts, between 1995
through 2010, India has made one of the fastest progress in the world, in addressing its
environmental issues and improving its environmental quality. Still, India has a long way
to go to reach environmental quality similar to those enjoyed in developed economies.
Pollution remains a major challenge and opportunity for India The main cause of
environmental degradation is the human activity in one way or the other. Law is the
regulator of human conduct. Hence, the law plays an important role in the protection of
environment from pollution by regulating the human activities.

Indian Constitution Preamble:- provides for socialistic pattern of society means

state to deal with social problems and pollution is a social problem.

Indian Constitution Article 48a1:

In the Directive Principles of State Policy, Article 48-A was inserted which enjoins
the State to make endeavor for protection and improvement of the environment and
for safeguarding the forest and wildlife of the country (42nd amendment w.e.f. 3
January 1977).
Indian Constitution Article 51-A (G)2

It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures (42nd amendment w.e.f. 3 January 1977).

Indian Constitution :fundamental rights -Article 21:Right to life-

Acc. To justice Bhagwati it also includes :1-the right to clean environment.
2-the right to livelihood

1
By this Indian Constitution became one of the rare constitutions of the world where specific provisions
were incorporated in the Supreme Lex putting obligations on the State as well as citizens to protect
and improve the environment.
2
Added on the recommendations of Swarn Singh Committee bringing the Constitution of India in line with
article 29(1) of Universal Declaration of Human Rights. {Everyone has duties to the community in which
alone the free and full development of his personality is possible}
Jurisdiction of Environmental Legislation In India

Central Government3 State Government

Ministry of Environment & Forest State Dept. of Environment

- Regional Offices
Central Pollution Control Board State Pollution Control
- Zonal Offices (6) Board /
State Pollution Control
Committee
- Regional Offices

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

Provide information to the SPCB

Provide access to the SPCB for taking samples
Allow entry to the SPCB to ascertain that the provisions of the Act are being
compiled with.

Responsibilities4:

Obtain Consent to Establish

Obtain Consent to Operate
Apply for renewal of the Consent to Operate before the expiry of validity period
Consent to be deemed as granted automatically and unconditionally after four months
from the date of application already given or refused before this period
Refusal of Consent to be recorded in writing
Pay Water Cess as indicated in the assessment order
Affix water meters of the prescribed standards
Provide access to SPCB
Pay interest in case of delay in paying the Water Cess
Pay penalty for non-payment of Cess
Industry is entitled to 25% rebate if meeting certain conditions

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Sec 3 The Environment (Protection) Act, 1986 Powers of Central Government to take measures to
protect and improve the environment
4
Sec 16 and 17 The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention & Control of Pollution) Act, 19815

Comply with the conditions in the Consent to Establish or Consent to Operate

Not to discharge air pollutant(s) in excess of the prescribed standards
Furnish information to the SPCB of any accident or unforeseen act or event
Allow entry to the SPCB to ascertain that provisions of the Act are being complied
with
Provide information to enable SPCB to implement the Act
Provide access to the SPCB for taking samples
Comply with the directions issued in writing by the SPCB
Obtain Consent to Establish
Obtain Consent to Operate
Apply for the renewal of Consent to Operate before expiry of the validity period
Consent to be deemed as granted after four months from the date of receipt of
application if no communication from the SPCB is received
A prior Notice of Inspection to be served by the SPCB
Industry to ensure that specified emission sampling procedure is being followed by
the SPCB
Opportunity to file objections with the SPCB within 15 days from the date of service
of notice
PCB to record reasons in writing in case it does not provide an opportunity to the
industry to file objections

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The Air (Prevention and Control of Pollution) Bill having been passed by both the Houses of Parliament
received the assent of the President on 29th March 1981. It came into force on the 16th day of May, 1981
as THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (14 OF 1981) (came into force on 16-
5-1981)
Environment (Protection) Act, 19866

Comply with the directions issued by the Central Government. The direction may include:
- closure, prohibition or regulation of any industry, or
- stoppage or regulation of the supply of electricity, water or any other service
Prevent discharges or emissions excess of the prescribed standards
Furnish information of any accidental or unforeseen event
Allow entry and inspection to ascertain compliance
Allow samples to be taken
Submit an Environmental Statement every year before 30th September to the SPCB
Obtain prior Environmental Clearances from MoEF, in case of a new project or for
modernization/expansion of the existing project

The Hazardous Waste (Management and Handling) Rules, 1989, Amendments 2000

Check whether the waste(s) generated covered in Schedule 1 and 2 of the amendment rules,
2000
If covered, apply in the Prescribed Format to obtain an Authorization for proper treatment
and disposal of hazardous waste(s) and comply with the conditions specified in the
authorization
Take steps, wherever feasible for reduction, recovery and recycling of wastes
Ensure proper collection, reception, treatment, storage and disposal of hazardous wastes
Apply for renewal of authorization before expiry of the validity period
Maintain records of hazardous wastes handling (Form 3)
Submit Annual Returns to the SPCB (Form 4)
Report to the SPCB any accident
Labelling, Packaging, Transportation of HW as per Motor Vehicle Act, 1988 and Rules 1989

The Hazardous Waste (Management and Handling) Rules, 1989, Amendments 2000, Draft
Amendments 2002

Draft Amendments, 2002 (Dt. 21st May 2002)

Clarification on the definition of Hazardous Wastes

List of hazardous waste according to schedule 1 is being modified
Procedure for registration of re-processors of non-ferrous scrap and waste oil
Schedule for hazardous wastes prohibited for import to and export from India

Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 1994, 2000

Identify whether the chemicals handled, used and stored or imported are covered in the
Schedule 1 and/or 3 of the Rules, Schedule 2 for isolated storages.

6
Came into force on 19-11-1986, vide G.S.R 1198 E, dated 12th November, 1986

i
If covered in schedule 1:

Occupier to identify hazards associated with industrial activity and take adequate steps for
prevention and control
Occupier to provide relevant information to persons liable to be affected by a major accident
Occupier to develop information in the form of a safety data sheet
Occupier to notify the concerned authorities within 48 hours of the occurrence of a major
accident
Occupier to label the specified information on every container of hazardous chemicals.
Occupier to submit an up-to-date safety report at least ninety days before making any
modification.
Occupiers of new and existing industrial activities to carry out safety audit and submit report
within 30 days.
Occupier to submit a safety audit update report once a year and forwarding a copy within 30
days.
Occupier to prepare up-to-date on-site emergency plan before commencing a new industrial
activity involving specified chemicals.
Occupier shall conduct a mock drill of emergency plan every six months and submit a report.
Occupier to maintain records of imports of hazardous chemicals and to provide information
to the concerned Authority.
Occupier to ensure the transportation of hazardous chemicals as per the provisions of the
Motor Vehicles Act, 1988.

The Public Liability Insurance Act, 1991

Owner to provide relief in case of death or injury or damage to property from an accident on
the principle of no fault.
Owner to draw insurance policies more than the paid-up capital but less than
Rs. 50 Crores.
Paid-up Capital is the market value of all assets and stocks on the date of insurance.
Owner to pay additional amounts as contribution to the Environmental Relief Fund.
Owner to provide any information required for ascertaining compliance with the provisions
of the Act.
Owner to allow entry and inspection to ascertain compliance with the provisions of the Act.

The National Environment Tribunal Act, 1995

To provide for strict liability for damages arising out of any accident occurring while handling any
hazardous substance

ii
To establish a National Environment Tribunal for grating relief and compensation

The Tribunal may if it thinks fit take up cases for claims for compensation suo moto (on its own)

A claimant making an application may also make an application for immediate relief under the
Public Liability Insurance Act.

Bio-medical Waste (Management & Handling) Rules, 1998

Proper segregation of wastes & labelling as specified

Install Pollution Control Systems like Incinerators, autoclaves or microwaves or adopt the burial and
meet the prescribed limits of emissions

Comply with the dead-line stipulated to install the pollution control systems

Transportation of waste as per the norms

Regulation on Recycling of Waste Materials, 1999, 2000

The waste materials targeted: waste oils, lead acid batteries, non-ferrous wastes

The auction / sale of these materials to only authorised recyclers who are registered with the
Ministry of Environment & Forests, Govt of India

No trader can take such type of waste

Noise Pollution (Regulation & Control) Rules, 2000

Aiming to regulate and control noise from sources like, industrial activity, construction activity,
generator sets, loud speakers, public address systems, music systems, vehicular horns and other
mechanical devices.

The prescribed Ambient Noise Levels are to be complied with

A loud speaker should not be used except after obtaining written permission from the authority

If the noise level exceeds the ambient standards by 10d(B) A, complaint can be lodged to the
authority.

REMEDIES AVAILAIBLE UNDER THE LAW OF TORTS :-

Modern environmental law has its roots in the common law principles of nuisance.Remedies under
the Tort to abate environmental pollution is the oldest legal remedy.

Following are the heads of tortuous liability:-

iii
Nuisance : unlawful interference with persons right over wholesomeness of land or of
some right over or in connection with it.
Types of nuisance :public and private
Trespass : intentional or negligent direct interference with personal or proprietary rights
without lawful excuse.
Negligence : when there is a duty to take care but that duty is not taken care of and caused
any harm to another person.
Strict liability: this evolved in 1868 in the case of RYLANDS VS. FLETCHER
If a person who brings on to his land and collects and keep anything likely to do harm and
such thing escapes and damage to another, he is liable to compensate for the damages caused.
Exceptions :
Act of god
The act of third party
Plaintiffs own fault
Plaintiffs consent
Natural use of land by the defendant
Statutory authority

But, SUPREME COURT ,felt the need to evolve a new principle to deal with the new problem
which arises in highly industrialized economy .

So , evolved a new principles ABSOLUTE LIABILITY No exceptions are available.

iv