Environment 1986

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    INTRODUCTION..y In 1980, the Dept. of

    Environment wasestablished in India.

    y Later on it became theMinistry of Environment andForests in 1985.

    y EPA,1986 came intoforce soon after theBhopal Gas Tragedy.

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    Contd.y Also to safeguard the

    forests and wildlife of the country.

    y Acc. to sec 51(A) every citizen shall protectthe environment.

    y

    EPA is applicable to whole India, including J&K.

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    IMPORTANT TERMINOLOGY.y Environment It includes water, air,

    and land and the inter-relationship which exists among and between

    water, air and land and humanbeings, other living creatures, plants,microorganism and property.

    y" Environmental Pollutant " means

    any solid, liquid or gaseous substancepresent in such concentration thatmay be, or tend to be injurious toenvironment .

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    Contd.y

    Hazardous Substance " means any substance orpreparation which, by reasons of its chemical

    properties, is liable to cause harm to human beingsor other living creatures.

    y Handling In relation to any substance, it meansthe manufacturing, processing, treatment,packaging, storage, transportation, use, collection,destruction, conversion, offering for sale, etc

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    Contd.y E nvironmental pollution means imbalance in

    environment. The materials or substances when aftermixing in air, water or land alters their properties insuch manner, that the very use of all or any of the air,

    water and land by man and any other living organismbecomes lethal and dangerous for health.

    y O ccupier It means a person who has control over theaffairs of the factory or the premises, and includes, inrelation to any substance, the person in possession of the substance.

    y P rescribed means prescribed by rules made underEPA.

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    POWERS PROVIDED BY THE ACT TO CENTRAL GOVT..

    y To make rules to regulateenvironmental pollution;

    y To notify standards andmaximum limits of pollutantsof air, water, and soil for various areas and purposes;

    y

    Prohibition and restriction onthe handling of hazardoussubstances, and location of industries (Sections 3-6).

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    CONTD.y U nder Sec (3): may constitute

    authority or authorities for thepurpose of exercising of performing such of the powers

    and functions;y U nder Sec (4): may appoint a

    person for inspection;y U nder Sec (5): may issue

    directions in writing to any officers or any authority tocomply;

    y U nder Sec (6): it empower thegovernment to make rules toachieve the object of the Act.

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    Contd.y U nder Sec (7): persons

    carrying on industry,operation etc. not to

    allow emission ordischarge of environmental pollutantsin excess of the standards;

    y U

    nder Sec (8): personshandling hazardoussubstances must comply with proceduralsafeguards.

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    PENALITY.y W hoever Person found to

    be the cause of pollution,may be liable forpunishment for a term which may extend to five years or with fine whichmay extend to one lakhrupees or both (Sec 15, 16,17). If not comply fine of Rs.5000 per day extra, still if not comply for more thanone year, thenimprisonment may extendup to 7 years.

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    Contd.y Section 17 specifies that Head

    of the department/ in-chargeof small unit may be liable forpunishment if the owner/occupier produce enoughevidence of innocence.

    y The state govt. have power toclose or cancel or deny the

    authorization to run thefactory/institution/hospital whichever is causingpollution.

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    ENVIRONMENTAL LAWS.Following is a list of the environmentallegislations that havecome into effect:-

    y Generaly Forest and wildlifey

    W atery Air

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    General.y 1986 - The Environment (Protection) Act;y 1986 - The Environment (Protection) Rules;y

    1989 - The objective of Hazardous W

    aste(Management and Handling) Rules;y 1989 - The Manufacture, Storage, and Import of

    Hazardous Rules;y 1989 - The Manufacture, U se, Import, Export, and

    Storage of hazardous Micro-organisms/Genetically Engineered O rganisms or Cells Rules;

    y 1991 - The Public Liability Insurance Act and Rulesand Amendment, 1992

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    FOREST AND WILDLIFE.y 1927 - The Indian

    Forest Act and Amendment, 1984;

    y 1972 - The W ildlifeProtection Act, Rules1973 and Amendment1991;

    y 1980 - The Forest(Conservation) Act andRules, 1981.

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    WATER.y 1882 - The Easement Act ;y 1897 - The Indian Fisheries Act ;y 1956 - The River Boards Act ;y 1970 - The Merchant Shipping

    Act ;y 1974 - The W ater (Prevention and

    Control of Pollution) Act ;y 1991 - The Coastal Regulation

    Zone Notification.

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    AIR.y 1948 The Factories Act and

    Amendment in 1987 ;y 1981 - The Air (Prevention and

    Control of Pollution) Act ;y 1982 - The Air (Prevention and

    Control of Pollution) Rules ;y 1982 - The Atomic Energy Act ;y 1987 - The Air (Prevention and

    Control of Pollution) Amendment Act ;

    y 1988 - The Motor Vehicles Act.

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    REFERENCES.y www. envfor.nic.iny www.justice.gov.nty http://envfor.nic.in/legis/env/env1.html

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    AIR (P & CP act ),1981y Applicable all over Indiay Important definitionsy

    Air pollutanty Control equipmentsy O ccupiery Air pollution control area& prior permission for

    opening of industry y Std regarding vehiclesy Responsibility of occupier

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    AIR P & CP act 1981y Approved lab & analystsy Authorities

    Powers & functions of board Advise central govt on matter abt improvement of air

    quality Plan a nation wide program for prevention & control of

    air pollution.Coordinate the activities of state board & resolve

    disputes

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    AIR P & CP act 1981Provide technical assistanceTraining

    Lay down std for air quality etc.Power to take samplesPenalties

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    Water pollution act 1974 Applicable all over IndiaKey terms

    New Delhi has been declared as water pollutionprevention control areaDPCC can take sample from industry premises/ streams

    / sewage etc

    Can enter any premisesNo person can discharge noxious/toxic subs into waterPermission to run an industry

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    Water pollution act 1974 Power to close industry Power to cut power/ water supply

    penalty-3 months or 10,000 fine