ENVIRONMENTAL LEGISLATION

6.1 ENVIRONMENTAL LEGISLATION

Environmental legislation is the collection of laws and regulations pertaining to air quality, water quality,
endangered wildlife and other environmental factors. Environmental legislation covers many laws and
regulations which work together towards a common goal. Environmental legislation regulates the
interaction between man and the nature to reduce threats to the environment and increase public health
6.2 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT 1974
Water (Prevention and Control of Pollution) Act 1974 was enacted for prevention and control of water
pollution and maintaining or restoring of wholesomeness of water. The functions of central board and
state board are as follow:
Functions of Central Board:
1. To advise the Central Government on any matter concerning the prevention and control of water
pollution.
2. To coordinate the activities of the State Boards and resolve disputes among them.
3. To provide technical assistance and guidance to the State Boards, carry out and sponsor investigations
and research relating to problems of water pollution and prevention, control or abatement of water
pollution.
4. To plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution on such terms and conditions as the Central Board
may specify.
5. To organise through mass media a comprehensive programme regarding the prevention and control of
water pollution.
6. To collect, compile and publish technical and statistical data relating to water pollution and the
measures devised for its effective prevention and control and prepare manuals, codes or guides relating to
treatment and disposal of sewage and trade effluents and disseminate information connected therewith.
7. To lay down, modify or annul, in consultation with the State Government concerned, the standards for
a stream or well, provided that different standards may be laid down for the same stream or well or for
different streams or wells, having regard to the quality of water, flow characteristics of the stream or well
and the nature of the use of the water in such stream or well or streams or wells.
8. To plan and organise a nation-wide programme for the prevention, control or abatement of water
pollution.
Functions of State Board:
1. To plan a comprehensive programme for the prevention, control or abatement of pollution of streams
and wells in the State and to secure the execution thereof.
2. To advise the State Government on any matter concerning the prevention, control or abatement of
water pollution.
3. To collect and disseminate information relating to water pollution and the prevention, control or
abatement thereof.
4. To encourage, conduct and participate in investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution.
5. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of water pollution and to organise mass
education programmes relating thereto.
6. To evolve methods of utilisation of sewage and suitable trade effluents in agriculture.
7. To lay down standards of treatment of sewage and trade effluents to be discharged into any particular
stream taking into account the minimum fair weather dilution available in that stream and the tolerance
limits of pollution permissible in the water of the stream, after the discharge of such effluents.
8. To lay down effluent standards to be complied with by persons while causing discharge of sewage or
sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents.
9. To advise the State Government with respect to the location of any industry the carrying on of which is
likely to pollute a stream or well.
Water (Prevention and Control of Pollution) Act 1974 has also made special provisions for appeals under
section 28. An appellate authority consisting of a single person or three persons appointed by the Head of
the State hears the appeal filed by some aggrieved party (industry) due to some order made by State
Board within 30 days of passing the order.
Appellate Authority after giving the appellant and the State Board an opportunity of being heard disposes
off the appeal as expeditiously as possible.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981
Air (Prevention and Control of pollution) Act 1981 was enacted for prevention, control and abatement of
air pollution. The functions of Central Board and State Board are as follow:
Functions of Central Board:
1. To advise the Central Government on any matter concerning the improvement of the quality of air and
the prevention, control or abatement of air pollution.
2. To plan and organise a nation-wide programme for the prevention, control or abatement of air
pollution.
3. To coordinate the activities of the State Boards and resolve disputes among them.
4. To provide technical assistance and guidance to the State Boards, carry out and sponsor investigations
and research relating to problems of air pollution and prevention, control or abatement of air pollution.
5. To plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution on such terms and conditions as the Central Board may
specify.
6. To organise through mass media a comprehensive programme regarding the prevention, control or
abatement of air pollution.
7. To collect, compile and publish technical and statistical data relating to air pollution and the measures
devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to
prevention, control or abatement of air pollution.
8. To lay down standards for the quality of air.
9. To collect and disseminate information in respect of matters relating to air pollution.
Functions of State Board:
1. To plan a comprehensive programme for the prevention, control or abatement of air pollution and to
secure the execution thereof.
2. To advise the State Government on any matter concerning the prevention, control or abatement of air
pollution.
3. To collect and disseminate information relating to air pollution.
4. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of air pollution and to organise mass education
programme relating thereto.
5. To 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.
6. To inspect air pollution control areas at such intervals as it may think necessary, assess the quality of
air therein and take steps for the prevention, control or abatement of air pollution in such areas.
7. 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.
8. To advise 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.
Air (Prevention and Control of Pollution) Act 1981 has also made special provisions for appeals Under
Section 31. An Appellate Authority consisting of a single person or three persons appointed by the Head
of the State hears the appeal filed by some aggrieved party (industry) due to some order made by State
Board within 30 days of passing the order.
Appellate Authority after giving the appellant and the State Board an opportunity of being heard disposes
off the appeal as expeditiously as possible.
ENVIRONMENT (PROTECTION) ACT 1986
This act came into force on November 19, 1986 (Birth Anniversary of Late Prime Minister Smt. Indira
Gandhi). She took keen interest in the environmental issues of the country. The objective of this act is to
protect and improve the quality of environment by Central Government with coordination of State
Government. The functions of Central Government are as follow:
1. To plan and execute of a nation-wide programme for the prevention, control and abatement of
environmental pollution.
2. To lay down standards for the quality of environment in its various aspects, To lay down standards for
emission or discharge of environmental pollutants from various sources whatsoever.
3. To restrict areas in which any industries, operations or processes industries, operations or processes
shall not be carried out or carried out subject to certain safeguards.
or class of shall be
To lay down procedures and safeguards for the prevention of accidents which may cause environmental
pollution and remedial measures for such accidents.
6. To lay down procedures and safeguards for the handling of hazardous substances.
7. To examine such manufacturing processes, materials and substances likely to cause environmental
pollution.
8. To carry out and sponsor investigations and research relating to problems of environmental pollution.
9. To inspect any premises, plant, equipment, machinery, manufacturing other processes, materials or
substances and giving, by order, of such directions to such authorities, officers or persons as it may
consider necessary to take steps for the prevention, control and abatement of environmental pollution.
10. To establish or recognise environmental laboratories and institutes to carry out the functions entrusted
to such environmental laboratories and institutes under this Act.
11. To collect and disseminate information in respect of matters relating environmental pollution.
12. To prepare manuals, codes or guides relating to the prevention, control and abatement of
environmental pollution.
FUNCTIONS OF STATE POLLUTION CONTROL BOARD
The functions and responsibilities of the State Pollution Control Board are as follow:
1. To plan a comprehensive programme for the prevention, control abatement of pollution of streams and
wells in the State and to secure the execution thereof.
2. To advise the State Government on any matter concerning the prevention control or abatement of water
pollution and air pollution.
3. To collect and disseminate information relating to water pollution, air pollution and the prevention,
control or abatement thereof.
4. To encourage, conduct and participate in investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution.
5. To inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents
and to review plans, specifications or other data relating to plants setup for the treatment of water, works
for the purification thereof and the system for the disposal of sewage or trade effluents or in connection
with the grant of any consent as required by this act.
6. To lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality
of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and
to classify waters of the State.
7. To evolve economical and reliable methods of treatment of sewage and trade effluents, having regard
to the peculiar conditions of soils, climate and water resources of different region and more especially the
prevailing flow characteristics of water in streams and wells which render it impossible to attain even the
minimum degree of dilution.
8. To evolve methods of utilization of sewage and suitable trade effluents in agriculture, (i) To evolve
efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the
predominant conditions of scant stream flows that do not provide for major part of the year the minimum
degree of dilution.
9. To lay down standards of effluents of sewage and trade effluents to be discharged into any particular
stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of
such effluents.
10. To make, vary or revoke any order
(i) for the prevention, control or abatement of discharges of waste into streams or wells,
(ii) requiring any person concerned to construct new systems for the disposal of sewage and trade
effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are
necessary to prevent control or abate water pollution.
11. To lay down effluent standards to be complied with by persons while causing discharge of sewage or
sullage or both and to laydown, modify or annul effluent standards for the sewage and trade effluents.
12. To advise the State Government with respect to the location of any industry the carrying on of which
is likely to pollute a stream or well.
13. To plan a comprehensive programme for the prevention, control abatement of air pollution and to
secure the execution thereof.
14. To 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.
15. To inspect air pollution control areas at such intervals as it may think necessary, assess the quality of
air therein and take steps for the prevention, control or abatement of air pollution in such areas.
16. 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, provided that different standards for emission may
be laid down under this clause for different industrial plants having regard to the quality and composition
of emission of air pollutants into the atmosphere from such industrial plants.
17. To advise the State Government with respect to the suitability of premises or location for carrying on
any industry which is likely to cause pollution.
18. To perform such other functions as may be prescribed or may, from time to time, be entrusted to it by
the Central Board or the State Government.
ENVIRONMENTAL IMPACT ASSESSMENT
Environmental Impact Assessment (EIA) is a process of evaluating the likely impacts (both beneficial and
adverse) of a proposed project or development on the environment, taking into account inter-related
socio-economic, cultural and human health impacts. According to United Nations Environment
Programme (UNEP) Environmental Impact Assessment (EIA) may be defined as a tool used to identify
the environmental, social and economic impacts of a project prior to decision making It aims to predict
environmental impacts at an early stage in project planning and design, find ways and means to reduce
adverse impacts, shape projects to suit the local environment and present the predictions and options to
decision makers. 3 using environmental impact assessment, both environmental and economic benefit can
be achieved such as reduced cost and time of implementation of project etc.