presn on env. mangmt and legislation

8/14/2019 Presn on Env. Mangmt and Legislation

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Presentation on

Environment Management andLegislation in INDIA


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What is Environment ?

The Physical and Biologicalworld that we live in is

called as

ENVIRONMENT


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Means ..

Physical surroundings and conditions The natural world in which we live

Water

Land

Flora

Fauna

Socio-Economics


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What is changing

Green house effectGlobal warming

Ozone holeAcid rains

Disappearing Bio-diversityIncrease in talking on Greens


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The Earth has an average surfacetemperature of 59F (15C). Without it, its

average surface temperature would be

0F (-18Celsius), a temperature so low,

that the Earth would be frozen and couldnot sustain life.


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Contribution of GHG to AtmosphereGreen House Gases Contribution to

atmosphere%

CO2 55

CH4 15

CFC 17

NOX 6

Others 7


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In the ancient times, man was using the natural

resources judiciously, thus living in harmony

with nature.

But, after the scientific and industrial revolution

in the recent past, there has been immense

impact of man on his environment.

Rapid industrialization, urbanization and modern

style of living are the main contributing factors

to environmental pollution.

Degradation of quality of environment,disruption of earths natural ecosystem,

depletion of ozone layer, global warming etc.,

have become the issues of concern in present

day life.


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Todays modern technologies, high rate ofexploitation of natural resources and un-controlled development by developed countries

have resulted in alarming situation ofenvironmental crisis and ecological disturbanceall over the globe.

The environmental calamities that occurred

during 50s and 60s have generated awidespread awareness about the dangers ofenvironmental pollution.

Killer smog in New York and London that killed

5000 lives in a single year (1952), mercurypoisoning in contaminated sea food in Japan,disappearance of several species of birds due touse of pesticides like DDT, massive oil spill froma super tanker in English Channel - are some ofthe examples of calamities.


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Several global conventions / conferences like

Stockholm Conference 1972, Montreal Protocol

1987, have taken place to discuss about the

various global environmental concerns.

The Earth Summit in Rio held during 1992 is

one such convention where 150 countries have

participated and established the importantlinkages between Environment and

development.

The concept of Sustainable development and

Global commons has emerged in thisConvention.

All the nations have recognized the fact that

pollution is not a regional issue of concern to a

particular nation but it requires global attention


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India is the first country, which has made

provision for the protection and improvement of

environment, in its Constitution. Article 51 (g)

of the Constitution states:

It shall be the duty of every citizen of India to

protect and improve the natural environment

including forest, lakes, rivers, and wildlife and to

have compassion for living creatures.

HISTORICAL PERSPECTIVE


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:Role of 42nd Amendment of

Constitution of India

Introduced 48A and 51A(g) as part ofDirective Principles of State Policy wherein

protection of environment became a duty of

State as well as its citizens. Expanded list of

subjects under concurrent list to include statesubjects like Forests & wild animals & birds

In India, the issue of protection of theenvironment and sustainable use of natural

resources, received due attention in the planningprocess in the early seventies.

The fourth five year plan (1968-73) gaveexplicit recognition for integrating environmental

dimension in to the planning and

developmental process.


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Role of Article 253:

s Parliament has power to make any law for thewhole or any part of the territory in India forimplementing any treaty, agreement or convention

with any country or countries or any decisionmade at any international conference, associationor other body

s It was used to frame Air Act & Environment

Protection Act.


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After Stockholm Conference,1972, the firstdirect Environment law i.e The Water (Preventionand control of Pollution) Act 1974 was enacted.

Later Forest (Conservation) Act, 1980, Air Act

1981, Environment (Protection) Act, 1986 wereenacted.


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ENVIRONMENTAL LEGISLATIONS IN BRIEF

1974THE WATER (PREVENTION ANDCONTROL OF POLLUTION) ACT

1975 THE WATER (PREVENTION ANDCONTROL OF POLLUTION) RULES

1977 THE WATER CESS ACT

1978 THE WATER CESS RULES

1980 FOREST (CONSERVATION) ACT


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1981 THE AIR (PREVENTION AND

CONTROL OF POLLUTION) ACT

1982 THE AIR (PREVENTION AND

CONTROL OF POLLUTION)RULES

1986 THE ENVIRONMENT (PROTECTION)

ACT/ RULES

1989 THE HAZARDOUS WASTES

(MANAGEMENT & HANDLING) RULES



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1991 THE PUBLIC LIABILITY INSURANCEACT/RULES

1992 Notification on Submission of

ENVIRONMENTAL STATEMENT

under EP RULES

1994 EIA Notification on ENVIRONMENTAL

CLEARANCE under EP Act & Rules

1995 THE NATIONAL ENVIRONMENTAL

TRIBUNAL ACT



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1997 Notification on PUBLIC HEARING as per EP

Act/ Rules.

1998 Bio-Medical Waste (Management & Handling)

Rules under EP Act,1986

1999 Municipal Solid Wastes (Management &

Handling) Rules under EP Act,1986



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2000 Notification on Standards for Coal Mines

2000 Noise Pollution (Regulation &

Control) Rules

2004 EIA Notification Amended by including

New construction projects and New industrialestates (1000 persons and above or

generating effluents 50 KLD or above or

with an investment of Rs. 50 Crores and

above)

2006 New EIA notification on Environmental

Clearance under EP Act & Rules



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Water (prevention & Control of Pollution)

Act 1974 amended in 1988

Enforcing agencies:

State Pollution Control Board (PCB) for

states Central Pollution Control Board for

Union Territories


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Relevant provisions of the Water Act applicable to

mining industry

Section 20: Power to obtain information.

Section 21: Powers to take samples of

effluents & procedures to be

followed

Section 23: Powers of entry and Inspection.

Section 24: Prohibition on use of stream or well for

disposal of polluting matter


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Relevant provisions of the Act

applicable to mining industry:

Sections 25 & 26: Require Consent to Establish orOperation of any industry from PCBs

Section 27: Refusal or withdrawal of Consent by PCB

Section 28: Appeal

Section 29: Revision of orders of PCBs by state

government

Section 31: Furnishing of information to State boards

such as accident etc


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Obligations of the Organizations

Submit information of liquid effluent such as quantity,quality, treatment and disposal.

Obtain Consent to Operate from Pollution ControlBoard.

Comply with the conditions of the consent.

Consent specifies location specific standards to befollowed.

Consent specifies maximum quantity of the effluentthat can be discharged.

File returns with the characteristics of treated effluent.


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THE WATER

CESS ACT, 1977

Enforcing agencies:

Central Pollution Control Board (CPCB) and State

Pollution Control Board (SPCB) Stipulates permissible water consumption for

certain manufacturing processes


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Relevant provisions of the Cess Act


Section 3: Levy and Collection of Cess

Section 4: Affixing of meters

Section 5: Furnishing of Returns

mentioning the quantity of waterused for different purposes

Section 6: Assessment of Cess by State Pollution

Control Board.


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Obligations of the Organizations

Affix flow meters to measure water

consumption.

Pay Cess as per prevailing rate prescribed byPollution Control Board.

Submit returns stating monthly water

consumption, characteristics of treated effluentand electrical consumption in effluent treatment

plant.


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Forest Conservation Act, 1980 In case of diversion of forest land for non

forestry purposes:

(i) Industry has to surrender equivalent extent of CAland along with compensatory afforestationcharges.

(ii) As per directive of the Honble Supreme Court ofIndia, MoEF will issue guidelines for the recovery/collection of Net Present value (NPV) of the forestland.

The Court has given a range for the rates i.e.5.80Lakhs per Hectare to 9.20 Lakhs per Hactare forNet Present value depending upon the quality offorest, density and type of species in the area.


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Forest Conservation Act, 1980

As per MoEF circular dtd. 27.03.2000, in case of diversion offorest land for non-forestry purposes, the following reports

are required -

(iii) In case of OC mines, a comprehensive report on solid waste

management is required.

(iv) In case of U/G mines, it is required to carry out - 3D Subsidence prediction studies for prediction of

subsidence, slope and strain values

their impact on forests and surface features along with

mitigation measures. Further

The maximum tensile strain value not to exceed 20 mm per

metre and thereby the surface cracks of 200-300mm may

be permitted in forest areas.

However, MoEF presently restricting the maximum

permissible tensile strain value to 10mm per metre.


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Air (prevention & Control of Pollution) Act1981

Enforcing agencies:

State Pollution Control Board (SPCB) for states Central Pollution Control Board (CPCB) for

Union Territories


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Section 21 : Restriction on use of certainindustrial plants. Require

Consent to establish or

operation of any plant from

the PCBSection 22 : Industrial operators not to allow

emission of air pollutants in excess of

the standards laid down by the

board

Relevant provisions of the Air Act applicable

to mining :


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Section 24 (4) :If any person willfully delay and orobstructs any person empowered by

the board in discharging duties shall

be guilty of an offence under this Act.

Section 25: Power to obtain information

Section 26 : Power to take samples of air or

emission & procedures to be followed

in connection therewith.

Relevant provisions of the Air Act applicable

to mining :


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Section 31 (A) : Powers to give direction

(closure, stoppage of electricity, water

or any other service)

Section 37: Failure to comply with the provisionof section 21 or section 22 or with the

directions issued under section 33(A)

Penalty for violation of Section

21/22/ 31(A): Imprisonment - 11/2 yearsto 6 yrs & with fine. If failure continues

Rs. 5,000/day

Relevant provisions of the Air Act



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Obligations of the Organization

Submit information of air emissionssuch as quantity, quality and control

methods.

Obtain Consent to operate and adhere tostipulated conditions.

Standards specified for :

i). Concentrations of SPM, RSPM, SO2, NOx,

CO and Lead

ii). Quantity of air pollutants

File returns with concentration of pollutants in

the point sources and ambient air quality.


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Environment Protection Act, 1986

EP act , 1986, extends to the whole of India, theact has been passed to implement the decision

taken at Stockholm conference,1972.

Significant features of the Act: Central

Government is empowered to

(i) Formulate standards for environmental quality,

emissions, discharges and industry specific

operations

(ii) Restrict industrial activity in certain areas.(iii) Lay down safe guards for prevention of

accidents

which may lead to env. pollution

(iv) Lay down safeguards for handling hazardoussubstances includin wastes


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Environment Protection Act, 1986

Under 1992 amendment to EP rules, rule (14)

requires all industries obtaining consents under

Air and water Acts should furnish an annual

environmental statement to APPCB.

Environmental statement should cover

(i) Quantity of pollutants discharged ,

(ii) Hazardous and other solid waste generatedand their characteristics

(iii) Pollution abatement measures


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Hazardous wastes (management and

handling) Rules, 1989.

Enacted under EP Act, 1986.

CPCB and SPCB are authorized to implement.

23 categories of wastes are defined as hazardous. Generator is responsible for proper handling and

disposal of waste.

Mines have been categorized as Red Non-

Hazardous category and Workshop and Stores asRed-Hazardous category.


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Obligation of the Organization

Submit information on hazardous waste such as

category of waste, quantity, treatment method

and mode of disposal.

Secure authorization to generate, store and

dispose waste.

Comply with the conditions stated in the

authorization.

Maintain records and submission of returns

about generation of waste.

Accident reporting


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Public Liability Insurance Act,1991

Provide immediate relief to the affected (otherthan employees) by accidents involving specifiedhazardous substances on principle of no fault.

All hazardous substances included.

District Collector to verify the accident and orderrelief.

Obligation of the Organization

Draw insurance policy Contribute to relief fund set up under the Act

In case of any claims, act as per the orders ofDistrict collector


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Bio-Medical Waste (Management &

Handling) Rules, 1998

These rules will apply to all the persons who

generate, transport, treat and dispose bio-

medical waste in any form.

Bio-medical wastes shall be treated in order tomeet the stipulated quality standards.

An authorization needs to be obtained from

APPCB, by furnishing the details of waste

generated, method of disposal and quality ofeffluents etc.


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Standards applicable to Coal Mining

Industry

BIS-2296,1982: Tolerance limits for inlandsurface waters subject to pollution

BIS-10500,1991: Drinking water standards

GSR-801(E), 1993: General standards fordischarge of environmental pollutantsstipulated by MoEF

GSR-742(E),25.09.2000: EnvironmentalStandards for Coal Mines stipulated by MoEF


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Schedule-I specifies industry specific standards.

Standards for coal mines were stipulated on

25.09.2000.(GSR-742:E)

Air quality standards for coal industry:

1. SPM ( 600 ug/Cu.m for old mines and

500ug/Cu.m for new mines),2. RSPM ( 300 ug/Cu.m for old mines and

250ug/Cu.m for new mines,

3. SO2(120 ug/Cu.m) and

4. NOx (120 ug/Cu.m)


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EFFLUENT STANDARDS:

PH : 5.5- 9.0

Chemical Oxygen Demand (COD) : 250 mg/L

Total Suspended Solids (TSS) : 100 mg/L

200mg/L (in case of land for irrigation)

Oil and Grease : 10 mg/L

NOISE LEVEL STANDARDS:

75 dB(A) - 6.00 AM to 10.00 PM

70 dB(A) - 10.00 PM to 6.00 AM

Occupational exposure limit of noise specified by

DGMS will have to be complied by mines


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CLEARANCE/ PERMISSIONS REQUIRED

FOR ENV. CLEARANCE FOR

A COAL MINING PROJECTS

Sl. No. Various permissions /Clearances

Issuing Authority

1 Public Hearing A pre-requisite for Env. Clearance.

2 Mining Plan Approval Ministry of Coal, GOI.

3 Ground waterclearance

State GroundWater Dept.

4 Forestry Clearance MoEF, GOI.


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5 Divisional Forest

Officer (Forest Dept)

of the concn. area

6 Environmental

Clearance

MoEF, New Delhi

CLEARANCE/ PERMISSIONS REQUIRED FOR GREENFIELD COAL MINING PROJECTS(contd.)

Flora and Fauna

certificate


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As far as Mining is concerned, MoC startedinsisting for EC since mid 80s. EC was only an

administrative requirement till 1994.

MoEF issued EIA Notification in 1994 making

Environmental Clearance mandatory for 30

categories of industries including mining

projects

Prior to 1994 i.e. promulgation of EIA

notification, SCCL has obtained Env. Clearance

(EC) for projects sanctioned by Govt. of India.

ENVIRONMENTAL CLEARANCE (EC)

FOR COAL MINING PROJECTS


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However, in case of Board level projects, NOCwas obtained from APPCB during this period.

Since 1994, SCCL is invariably obtaining NOC /CFE from APPCB and EC from MoEF for all theprojects.

As per EIA notification 1994 / 2006, EC isrequired for every new mining project andproject requiring expansion in lease area orproduction and modernization of activities.


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EIA NOTIFICATION, 2006 FOR

ENVIRONMENTAL CLEARANCE

Salient Features for Mining Projects:3) Categorization of projects

Cat A Comes under Central i.e., MoEF

Cat B comes under State ie., SEIAA

4) Screening, Scoping and Appraisal committees

Central for Cat-A EAC (15 Members)

State for Cat-B SEAC (15 Members)

Term period 3 years

5) Applications for prior Environmental Clearance

Form I along with pre-feasibility report


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Salient Features for Mining Projects:

6) Stages of prior E.C. for New/ Expansion Projects

Stage (1) screening for B projects

Stage (2) Scoping

Stage (3) Public Consultation Stage (4) Appraisal

7) Scoping for Cat A & B

EAC/SEAC determines detailed and

comprehensive Terms of Reference (TOR), forpreparation of Draft EIA and communicate to theapplicant within 60 days.

8)Prepare draft EIA/EMP on the basis of Terms of

Reference (ToR) issued by MoEF.


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Salient Features for Mining Projects:9) Public consultations: (Two parts)Public hearing at the siteObtain responses in writing from otherconcerned

persons having plausible stake.For Public Hearing -

(i) A clear notice of 30 days shall be given.

(ii) District Magistrate (DM)or Addl. DistrictMagistrate

(ADM) assisted by Rep. of SPCB shall superviseand preside over entire Public HearingProceedings.

(iii) Public hearing shall be conducted by SPCBand forward the proceedings to the regulatorybody within 45 days.


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Salient Features for Mining Projects:10)Appraisal:(A) After public consultation make appropriate

changes in

Draft EIA/EMP and submit to MoEF along withfollowing documents

Final EIA Report CD of the Public Hearing Proceedings

A copy of final Lay out Plan A copy of Project Feasibility Report

(B) After submission, Appraisal shall be completedwithin 60 days of application. Communication tothe applicant by Regulatory body within another

45 days. Total 105 days.


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Salient Features for Mining Projects:

11) Validity of EC:

For Mining Projects maximum of 30 years.

12) Post E.C. Monitoring:

Half Yearly Report on 1st June and 1st December

of each calendar year to regulatory authority.


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What is EIA

EIA is an important tool for incorporatingenvironmental concerns at the project level. EIAshould be carried out as early as the projectplanning stage as part of feasibility so that it canassure that the project will be environmentallyfeasible.

The general objectives of the EIA study are toprovide;(i) baseline information about the environmentalsocial, and economic conditions in the project area;

(ii) information on potential impacts of the project

and the characteristic of the impacts, magnitude,distribution, who will be the affected group, andtheir duration;


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(iii) information on potential mitigationmeasures to minimize the impact including

mitigation costs;(iv) to assess the best alternative project at

most benefits and least costs in terms of financial,social, and environment. In addition toalternative location of the project, project

design or project management may also beconsidered; and

(v) basic information for formulatingenvironment management plan.

Environment Management Plan (EMP)

involves implementation of environmentprotection and mitigation measures andmonitoring of significant environment impacts.

ENVIRONMENTAL BASELINE DATA


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GENERATIONEnvironmental Baseline data generation is carried out in

and around the project upto 10KM radius from theboundary and include: Micro Meteorological data Air quality Water Quality (Surface & Subsurface) Noise Quality Soil Quality Socio-economic data Land use pattern study

Flora & Fauna.etc., Other Env. attributes Monitored for one complete year consisting offour seasons.



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GENERATIONMonitoring Frequency:

Micro Meteorological data- 365 days Air quality- Twice in a week for one year

except monsoon Water Quality (Surface & Subsurface)- once in

a season Noise Quality -once in a season Soil Quality -once in a season Socio-economic data- once in year Land use pattern study -once in year

Flora & Fauna study - once in year Other Environmental attributes - once in year


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CONTENTS OF EIA/EMP

Contents of EIA/ EMP of a project is finalised after

finalisation of Terms of Reference (ToR) By Expert Committee Meeting at MoEF, New Delhi Based on Form-I and Pre-feasibility report sent by

the project proponent

However the Major Contents of an EIA/EMP are

1. Introduction Purpose Review of Environmental & process related

legislations applicable to the project. Procedure for obtaining Environmental clearance

2. Project description


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CONTENTS OF EIA/EMP

3. Environment Impact assessment and Management PlanAssess the impacts due to proposed mining activities on

Land use, Land scape, Socio-economics Hydrology and water resources, Water quality Air Quality,Noise & Vibrations Ecology (Flora & fauna) Risks & hazards Public Health and safety. Residual impacts

After assessing the impacts Define and suggest the Environment impact methodology Make an assessment on different project alternatives


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CONTENTS OF EIA/EMPWhat will be the impacts without the project and with the project at

various stages.

Compare impacts with & without project.Analysis of the impacts.Preparation of Environment management plans to minimize the

impacts.Define the goals of the EMP, like increasing the Quality of life,

planning for a better land use, pollution prevention within the statute.

Select the various available mitigative measures for each of theimpacts and chose the preferred alternative

Develop a detailed action plan for implementation of theenvironment management plan.

Assess the various inputs required viz., Machinery, manpower,materials, etc and the financial cost

Provision of regular monitoring schemePeriodical review of the EIA/EMP


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CONTENTS OF EIA/EMP

4.0 Additional studies (Site specific scientificstudies when impacts are of major significance) :

Hydro-geological studies AAQ prediction studies Ground vibration studies

Flora and Fauna studies

Land use studies

Other studies


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CONTENTS OF EIA/EMP

5.0 Public consultation Process

Document the public consultation programme forthe project

Describe the method of public consultation, timingand type of information provided to the public.

Summarize the issues identified by the publicconsultation process including the views of thevarious stakeholders with respect to these issues.

Provide a list of stakeholders identified during thepublic consultation process.

Provide SCCL response to the issues or concernsduring public consultation programme.


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CONTENTS OF EIA/EMP

6.0 Evaluation of Project

Check list of clearances required.

Check List of procedures to be followed.

Check List of documents to be enclosed.

Details of the regulatory agencies for all related statutes.


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you

presn on env. mangmt and legislation

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