obtain prior Environmental Clearance (“EC”) for a wide range of developmental projects, from mining, power plants, cement plants, storage facilities of hazardous substances to construction projects and townships. Such project would require submission of an application which would include an EIA Report.
10. Environmental Laws
Objective Notification / Rules under the EPA
Environment Impact Assessment Environment Impact Assessment (EIA) Notification, 2006
Regulations on development along the coast Costal Regulation Zone (CRZ) Notification, 2011 Noise Pollution Noise Pollution (Regulation and Control) Rules, 2000
Chemical Management ￭ Manufacture Storage and Import of Hazardous Chemicals Rules, 1989
￭ Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
￭ Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms, Genetically Engineered Organisms or Cells Rules, 1989
Waste Management ￭ Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008
￭ Bio-Medical waste (Management & Handling) Rules, 1998
￭ Municipal Solid Wastes (Management & Handling) Rules, 2000
Provided upon request only
The application would undergo scrutiny at four stages - Screening, Scoping, Public Consultation and Appraisal. EC may be granted subject to certain terms and conditions. After having obtained the EC, the project management is mandated to comply with certain post clearance reporting in respect of the terms and conditions of the EC.
III. Coastal Regulation Zone
(“CRZ”) Notification
The CRZ Notification classifies the coast into categories depending on the ecological sensitiveness and prohibits from the establishment of new industries and the expansion of existing industries, except activities that require direct water front and foreshore facilities. Projects within the CRZ also require prior EC and post clearance reporting.
IV. Hazardous Substances
In the aftermath of the Bhopal Gas tragedy the Government has laid special emphasis on the handling of hazardous substances by industries. The EPA has defined “hazardous substance” to mean “any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment.” The broad and open definition would bring within its ambit a wide array of manufacturing activities.Various rules have been formulated for handling and management of hazardous substances under the EPA. Moreover, industries which deal with hazardous substances further require compliance with the Public Liability Insurance Act, 1991, which provides for strict liability in case of an accident.
V. Air & Water Act
Air Act & the Water Act vest regulatory authority in the common Central and State Pollution Control Boards (“PCB”). The PCBs are mandated to issue and revoke consents to operate, require self-monitoring and reporting, conduct sampling, inspect facilities, require corrective action and prescribe compliance schedules.
The Water Act prohibits the discharge of sewage or trade effluents into a steam, well or sewer by any industry, operation or process without the approval of the State PCB.
The Air Act empowers the State PCBs to notify standards of emission of air pollutants by industrial plants and automobiles. The State PCBs have also been authorized to designate areas as ‘pollution control areas’.
Industries are required to obtain the ‘consent to establish’ “CtE”) before the construction of a new project from the State PCB. After construction and upon inspection by the PCB, the operator is required to obtain ‘consent to operate’ (“CtO”) to commence operations. An industry which is non-polluting will still have to obtain consent where it falls within a designated ‘pollution control area’.
The State PCBs, with the approval of the Central PCBs, have the authority to impose fines for the violation of the Rules. Maharashtra is one of the very few states which have used the provisions to impose penalties for unauthorized storage of hazardous waste.43
VI. Municipal Authorities
Land and Water are State subjects under the Constitution. Therefore, environmental regulations of Municipal Corporations on these aspects might vary depending on the state in which the industry seeks to establish itself.VII. Litigation & Penalty
The Supreme Court of India has held the right to enjoyment of pollution free air and water as part of Article 21 of the Constitution, which guarantees protection of life and personal liberty. Therefore any citizen may approach the Supreme Court or the High Court directly, through a Public Interest Litigation (“PIL”), on the violation of Article 21.
The Supreme Court has relaxed the standing and procedural requirements for filing a PIL and citizen can enforce environmental laws through a simple letter addressed to the court.
The National Green Tribunal has been established in 2010 for effective and expeditious disposal of cases
43. http://www.oecd.org/environment/outreach/37838061.pdf
relating to environment protection and conservation. It has dedicated jurisdiction on environmental matters and is mandated to dispose applications within 6 months of filing.
The citizens are empowered to bring legal claims under each of the three laws discussed above. Contravention of the provisions of the EPA, Air Act or the Water Act may lead to imprisonment, or fine or both.
Provided upon request only
As is the practice world-wide, India also prescribes to judicial, quasi-judicial as well as other alternate dispute resolution methods. Beside courts, in certain cases other forums such as tribunals and administrative bodies may be approached for resolution of disputes. Arbitration is also now a well settled mode for resolving commercial disputes.