Environmental Science

LESSON 41. The Water (Prevention and Control of Pollution) Act

The Water Act prohibits dumping of poisonous, noxious or pollution matter into streams and wells, as well as any activity which impedes the proper flow of the water of a stream causing aggravation of pollution due to other causes. The Act subjects the discharge of sewage or trade effluents into streams and wells to the prior consent of the Boards. The Boards are authorised to take action against polluters by imposing conditions aimed at discouraging pollution and can prosecute the polluter. In practice, however, the Boards have not been as effective as was expected because of budgetary constraints, paucity of expertise, and inability to take punitive action against the big industrial polluters. Also, the already over-burdened judiciary has not been of great help to the Boards in combating polluters and pollution. According to the Sixty First Report of the Estimates Committee (April,1988), out of a total number of 1602 prosecution launched under the Act in 21 states, only 288 have been decided and 1314 are still pending. The difference in figures is obviously attributable to the vintage of the Acts (Water Act 1974, Air Act 1981) than to the vigour of the bureaucracy, because it is the same for both the Acts.

WATER POLLUTION CESS ACT 1977 (Amended in 1991)

According to this Act, anyone consuming water has to pay certain amount of cess depending on 1. Whether the industry is using water for industrial cooling, spraying in mine pits or boilers feed, 2. For domestic purposes, 3. in processing, whereby water gets polluted and pollutants are easily biodegradable, and 4. in processing whereby water ge ts polluted and the pollutants are not easily bio-degradable and are toxic. Those industries that had installed a suitable treatment plant for the treatment of industrial effluents can get a rebate of 70 per cent on the cess payable.

The Air (Prevention and Control of Pollution) Act

The Air Act was passed in 1981 to mainly regulate and control emission from automobiles and industrial plants. It is also a comprehensive legislation with more than fifty sections. The Act states that sources of air pollution such as industry, vehicles, power plants, etc., are not permitted to release particulate matter, lead, carbon monoxide, sulfurdioxide, nitrogen oxide, volatile organic compounds (VOCs) or other toxic substances  beyond a prescribed level. This is measured in parts per million or in milligrams or micrograms per cubic meter. The particulate matter and gases that are released by industry and by cars, buses and two wheelers is measured by using air-sampling equipment. It makes provisions, inter alia, for Central and State Pollution Control Boards, power to declare pollution control areas, restrictions on certain industrial units, authority of the Boards to limit emission of air pollutants, power of entry, inspection, taking samples and analysis, penalties, offences by companies and Government and cognizance of offences etc. The Central Boards for the Prevention and Control of Water Pollution is authorised to implement and enforce the Act also. this body lays down standards for the quality of air, Under Section 19, the Central Board is given powers mainly to coordinate the activities of the state Boards. According to this Act, no person can operate certain types of industries including the asbestos, cement, fertilizer and petroleum industries without consent of the State Board. The Board can predicate its consent upon the fulfillment of certain conditions. The Air Act apparently adopts an industry wide  “best available technology” requirement. After consultation with the state Board, the state government may declare any area within the state as "air pollution control area", and prohibit the use of any fuel other than approved fuel in the area causing air pollution. further, no person shall, without the previous consent of the state Board operate any industrial plant involving industries specified in the schedule in air pollution control area. As in the Water Act, courts may hear complaints under the Act only at the instigation of, or with the sanction of, the State Pollution Control Board. This Act is created to take appropriate steps for the preservation of the natural resources of the Earth which among other things includes the preservation of high quality air and ensures controlling the level of air pollution. Air pollution is more acute in heavily industrialized and urbanized areas, which are also densely populated.

The main objectives of the Act are as follows:

(a) To provide for the prevention, control and abatement of air pollution.

(b) To provide for the establishment of central and State Boards with a view to implement the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

The total number of cases filed against the violators under the Air Act is 202, of which 97 have been decided by the courts and the rest are pending.

The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 not only has important constitutionals implications but also an international background. The spirit of the proclamation adopted by the United Nations Conference on Human Environment, held in Stockholm in June 1972, was implemented by the Government of India by creating this Act. The Environment (Protection) Act was passed by the Parliament on 23 May 1986 based on Article 253 of the Constitution to take appropriate steps for the protection and improvement to prevent hazards to human beings, living creatures and property. Although there were several existing laws that dealt directly or indirectly with environmental issues it was necessary to have a general legislation for environmental protection because the existing laws focused on very specific types of pollution, or specific categories of hazardous substances, or were indirectly related to the environment through laws that control land use, protect our national parks and sanctuaries and our  wildlife. However, there was no overarching legislation and certain areas of environmental hazards were not covered. Thus, there was a need for an authority to study, plan and implement the long-term requirements of environmental safety, and direct and coordinate a system of appropriate response to emergencies threatening the environment. This Act was thus passed to protect the environment, as there was a growing concern over the deteriorating state of the environment. This is a landmark legislation to provide a single focus in the country for the protection of environment and to plug the loopholes in the earlier law. By virtue of this Act, the Union Government has armed itself with considerable powers deemed necessary for the prevention, control and abatement of environmental pollution. The powers include, coordination of action by states, planning and execution of nationwide programmes, laying down environmental quality standards, specially those governing emission or discharge of environmental pollutions, placing restrictions on the location of industries and so on. The powers claimed are indeed comprehensive the coverage includes handling of hazardous substances, prevention of environmental accidents, research, inspection of polluting units, establishment of laboratories, dissemination of information, etc. A whole set of administrative procedures and structures are envisaged under the Act.While the wider general legislation to protect our environment is now in place, it has become increasingly evident that our environmental situation continues to deteriorate. We need to implement this Act much more aggressively if our environment is to be protected. The presence of excessive concentrations of harmful chemicals in the atmosphere and aquatic ecosystems leads to the disruption of food chains and a loss of species.

Under a 1992 amendment to the Environment Protection Rules, Rule 14 requires all industries to obtain consent under Air and Water Pollution Control Acts to furnish an annual Environment Statement covering quantities of pollutants discharged, hazardous and solid wastes generated, their characteristics and pollution abatement measures to the State Pollution Control Boards. Public concern and support is crucial for implementing the EPA. This must be supported by an enlightened media, good administrators, highly aware policy makers, informed judiciary and trained technocrats who together can influence and prevent further degradation of our environment. Each of us has a responsibility to make this happen. If implemented in letter and spirit, the Act will convert the Ministry of environment and Forests into a super ministry, controlling the entire gamut of industrial and other developmental activities.

This brief overview of the range of legislation dealing with safety and hazardous chemicals enacted would demonstrate the framework that has been created for the prevention and control of chemical accidents. Many of the provisions are far reaching in their implications and would require years to establish a suitable infrastructure and system for effective implementation and realization of the objectives. The industry, enforcement agencies and potentially affected persons and their organizations, all have an important role to play in this work.