Water Act, 1974 Air Act, 1981 Water Cess Act, 1977 Implementation of orders by the Courts

1. Welcome toAll ParticipantD.T. Devale,Sr.Law Officer(P&L Divn.), Maharashtra Pollution Control Board, Mumbai.

2. Activities of MPCB are science and technology based, they include implementation of environmental regulations, such as: Water Act, 1974 Air Act, 1981 Water Cess Act, 1977 Implementation of orders by the Courts • The Environment (Protection) Act, 1986 • Hazardous Wastes • Hazardous Chemicals • Coastal Regulation Zone • Municipal Solid Waste • Bio Medical Waste • Chemical Accidents & Response • Lead Acid Battery Rules • Fly Ash Utilization • Plastic Recycling • Environmental Impact Assessment

3. Environment Management through Legislations and MPCB Role Maharashtra Prevention of Water Pollution Act 1969, which was repealed by Act No.XXXI of 1981 by adoption of Water (P&CP) Act, 1974 w.e.f. 1/6/1981. Water and Air Acts :- Regulate polluting discharges/emissions by grant of consent/s (C to E & C to O), so as to maintain wholesomeness of water in the State for its designated usage. State of Maharashtra has classified the designated usage in 4 categories as far as river basins are concerned i.e. (i) A-I Class of River Water – Origin to dam/water supply (Best Usage for drinking purposes after approved disinfection of unfiltered public water supply. (ii) A-II Class of River Water – Public water supply with approved treatment equal to coagulation, sedimentation and disinfection (iii) A-III Class of River Water – Not fit for human consumption, fish & wild life propagation. (iv) A-IV Class of River Water – Agriculture, industrial cooling & process water. 20 river basins are classified in the State of Maharashtra. In spite of revision made in the RRZ Policy of 2000 in 2009, due to inadequate collection of sewage by the Local Bodies and not having fullfledged sewage treatment plants, 60% to 70% water pollution caused by the discharge of untreated, under-treated & sub-standard domestic effluent. Other contributing factors are CETPs, unorganized SSI units scattered outside cluster areas and some of the non-complied 17 categories of highly polluting industries as well as non-point source of pollution such as application of unscientific chemical fertilizer, unscientific disposal on land etc. 3.

4. Contd. • Air (P&CP) Act, 1981 :- 60 to 70% air pollution is caused due to vehicular pollution. Other contributing factors are human activities, industrial activities and other sources. Though, highly air polluting industries are being regulated by the MPCB under various Action Plans such as Chandrapur, Pune & Solapur Action Plan and Mumbai Action Plan, the other air polluting industries are yet to comply with the emission norms, more particularly Power Plants of MSEDCL and coal washeries etc. Similarly, transportation of minerals and municipal solid waste in not covered trucks also responsible for air pollution problem. Dumping of municipal solid waste in an unscientific manner is also contributing factor for air pollution. Besides that noise pollution being also integral part of air pollution is also causing nuisance in the surrounding area. Brick Kilns and other air polluting activities also deteriorating the quality of air

5. Contd.. • Water Cess Act, 1977 :-Water Cess is collected on behalf of Central Govt. for the purpose of water pollution prevention and control thereof as well as utilization thereunder. The cess shall be paid by every person carrying on any industry and local body. Since, water becomes scares day by day, the provisions in respect of grant of rebate to complying industries have been made more stringent from 70% to 25%. Rebate is granted only to those industries, which are complying with all consent conditions, all standards laid down under the provisions of the E(P) Rules, 1986 and not exceeding the consumption of water beyond the prescribed limit. At present, not a single industry is being granted rebate. There are two types of rates, where industry complies with Environmental Standards, Assessment is done at normal rate; where, not complying with the standards, higher rate, i.e. at the double of the normal rate, the industries are being assessed. The Central Pollution Control Board has issued Guidelines for spending reimbursed 80% of cess to the State Pollution Control Boards alongwith an indicative list of program areas such as Water Quality Monitoring, Air Quality Monitoring, Inventorisation of polluting industries and Action Program for problem areas, HW Management, Vehicular pollution, Noise pollution, Demonstration projects, Research & Development, Environment Awareness Program, Zoning Atlas for siting of industries etc., which is being revised from time to time. MPCB has spent huge amount on Environment Awareness Program, Inventorisation of Hazardous Waste activities, Demonstration projects for MSW, Subsidy to CHWTSDF, CETPs etc. However, an Integrated Action Plan for spending of cess has not been prepared

6. Contd. • Environment (Protection) Act,1986. & various Rules made there under : Various sources of environmental pollution regulated and covered under Environment (Protection) Rules, 1986. A no. of Notifications have been issued as per delegation of powers by the MoEF, GoI from time to time and E(P) Regulations become a complicated piece of Legislation. Industry specific standards are laid down in respect of 104 categories of industries, taking into consideration its polluting parameters for emission or discharge of environmental pollutants. Specific periods given for compliance of those standards. Uniform standard are made applicable throughout India with the provision that State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons thereof. Besides that standards for emission of smoke, vapors etc. from motor vehicles, ambient air quality standards in respect of emissions and noise as well as discharge of effluent standards laid down. Similarly, mass emission standards for petrol driven vehicles, breakdown of the operating cycle used for the tests, limit values of exhaust gas capacity applicable for diesel driven vehicles, engine test at steady speed and general standards for discharge of environmental pollutants (effluent and / or emissions) prescribed. Besides that, waste water generation standards for some of the water consuming industries prescribed.

7. Contd. Central Govt. has further empowered more than 60 Authorities for entry & inspection under various Acts for implementing the provisions of the E(P) Act, 1986 and also authorise officers for taking cognizance of offences under the E(P) Act, 1986. The Central Govt. also notify a no. environment sensitive areas prescribing prohibition and restriction on the location of the industries and carrying on process & operations in different areas. The prohibitions and restrictions on handling of hazardous substances in different areas have been imposed in addition to laying down procedures and safeguards for prevention of accidents causing environmental pollution and for taking remedial measures. In spite of this there is gap in the enforcement of Legislative provisions and thereby, more & more stringent environmental standards are being now prescribed including adoption of cleaner technologies.

8. Contd... • The Public Liability Insurance Act, 1991 :- Limited role to ensure Public Liability Insurance taken. In spite of provision for Public Liability Insurance to be taken by the industries handing hazardous chemicals and for conducting summery procedure on an application for relief under the Public Liability Insurance Act by the Collector, the compensation has been very meager, not exceeding Rs.25,000/- and therefore, this Regulation has become redundant and the Parliament has no option than to pass National Green Tribunal Act, 2010. 7. Right to Information Act, 2005 : Because of making available every sort of information, transparency has come in the working of the Board. Initially, a lot of applications were filed and a lot of time was being spent on making available information. However, after placing on website, maximum information in respect of working of the Board and the activities of the Board, the flow of applications under RTI has been considerably decreased. MPCB website is one of the best website,making available all the information about Board’s activities. 8. National Green Tribunal Act, 2010 :-After passing of NGT Act, 2010, the aggrieved persons by the decision of the Board/other Regulatory Authorities (Environment Deptt., other Govt. Deptt., CPCB, MoEF, GoI and other industries/ polluting activities started approaching NGT. A no. of directions are being issued to the Regulatory Authorities, MPCB, Industries, Local Bodies and in true sense, now, the Regulatory Authorities and sources of pollution will have to play pro-active role in compliance of Environmental Norms.

9. ■Environment (Protection) Act, 1986, includes following Rules. • 1. The Manufacture Storage and Import of Hazardous Chemicals Rules, 1989 :- Ensure offsite & onsite emergency plans are prepared in respect of isolated storages. 2. The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 :- To ensure proper collection, pre-treatment, storage & transportation of hazardous waste to CHWTSDF by grant of Authorization. • Environment (Protection) Amended Rules, 1993. • (Environmental Statement - (Audit):- To ensure environmental statement submitted within stipulated time and to execute action plan as per Environment Statement for further improvement. • EIA Notification dtd.14.9.2006 : To conduct public hearing, not to grant C to O till EC obtained and initiating legal actions as directed by the Env.Deptt., GoM/MoEF, GoI. • The Bio-Medical Waste (Management & Handling) Rules, 1998 :- To grant authorization and to ensure compliance of HCIs.

10. Contd. 7. National & State Coastal Zone Management Authority Order dtd. 26.11.1998 : Grant of NOC for industrial activities 8. The Noise Pollution Control & Regulation) Rules, 2000, as amended in 2011 :- Monitoring of noise levels and regulation of industrial noise The Ozone Depleting Substances (Regulation ) Rules, 2000 : To ensure phasing out of 95 ODS as per time schedule given in the Rules. The Municipal Solid Waste (Management &Handling) Rules, 2000 :- Grant Authorization and monitoring compliance. The Batteries (Management & Handling) Rules,2001 :- To ensure that all batteries are taken to reprocessing by more than 90% collection thereof through Dealer/Manufacturers after 3 years passing of the Rules. Plastic Waste (Management and Handling) Rules, 2011 alongwith Maharashtra Non-Biodegradable Garbage (Control) Act, 2006 read with the Maharashtra Plastic Carry Bags (Manufacture & Usage) Rules, 2006 : To ensure that no manufacturing unit having the thickness of plastic carry bags and containers more than 50 microns in the State of Maharashtra.

11. Contd. 13. E-Waste (Management and Handling) Rules, 2011:- To ensure that the e-waste is disposed off to e-waste facility by adopting life-recycle approach to the product. • 14. The Ozone Depleting Substances (Regulation ) Rules, 2000 : To ensure phasing out of 95 ODS as per time schedule given in the Rules. • The Municipal Solid Waste (Management &Handling) Rules, 2000 :- Grant Authorization and monitoring compliance. • 16. The Batteries (Management & Handling) Rules,2001 :- To ensure that all batteries are taken to reprocessing by more than 90% collection thereof through Dealer/Manufacturers after 3 years passing of the Rules. • 17. Plastic Waste (Management and Handling) Rules, 2011 alongwith Maharashtra Non-Biodegradable Garbage (Control) Act, 2006 read with the Maharashtra Plastic Carry Bags (Manufacture & Usage) Rules, 2006 : To ensure that no manufacturing unit having the thickness of plastic carry bags and containers more than 50 microns in the State of Maharashtra.

12. Contd.. • CRZ Notification, 2011 : NOC to be granted for industrial activities/discharges. • Revised River Regulation Policy, 2009 :- To implement RRZ Notification while granting consent/s. • MMR Policy, 1998 :- To ensure compliance of MMR Policy while granting consent/s. 21. Various Notifications issued by MoEF, GoI in respect of Environmental Sensitive Areas such as, • Dahanu Notification, • Murud Janjira Notification • Mahabaleshwar-Panchgani Notification • Matheran Notification • Antop Hill Notification etc.

13. SINE VIEW OF COURT CASES LEGAL ACTION UNDER THE MPWP ACT, 1969

14. LOWER COURT CASES STATUS Complaints filed under the provisions of the Environment (Protection) Act 1986 as on 31/12/2013

15. Complaints/Applications filed under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981

16. Statistic in Brief as on 31/12/2013 Total 668 Cases filed under the provisions of the Environmental Laws. Out of 668, 284 cases are decided in favour of the Board & 277 cases are decided against the Board. Total 107 cases are pending before the various Courts of Law. (Lower Court) Out of 668 cases decided by the Court, 284 cases are decided in favour of the Board i.e. 51% cases are decided in Lower Courts in favour of the Board. Out of 668 cases, 277 cases are decided against the Board i.e. 49 % cases are decided against the Board.

17. High Court Cases Status Status of Public Interest Litigations/Writ Petitions filed before Hon’ble High Court of Judicature at BombayBench at Mumbai / Aurangabad / Nagpur upto 31/12/2013

18. Status of Applications/Appeals filed before National Green Tribunal • No. of Applications / Appeals filed before NGT :- 44 • No. of Applications/Appeals disposed off:-12 • No. of Applications/Appeals pending :-32

19. Status of Appeals filed before Hon’ble Appellate Authority constituted under Water & Air Acts • No. of Appeals filed = 30 • No. of Appeals decided = 27 • No. of Appeals pending = 03 Status of Appeals filed before Hon’ble Cess Appellate Authority ● No. of Appeals filed = 59 ● No.of Appeals decided = 56 ● No.of Appeals pending = 03

20. Consent Management • MPCB adopted decentralized approach for consent management by delegating powers to grant consent at 5 levels by adopting Uniform Integrated Approach in grant of consent/s. • MPCB adopted auto renewal of consents based on self-certification about compliance of earlier consent conditions without change in production quantity and consent conditions. • MPCB adopted compliance matrix for renewal of consent and initiating legal actions

21. Important Issues& Matters • Locational Policy for establishment of STPs in RRZ area :- For existing STPs, which are already established, the decision will have to be taken to regularize them. • Distance Criteria for stone crusher: to be approved by the Env.Dptt., GoM. • MMR Policy : Amendment with regard to the unconsented units. • Less than 20,000 sq.mtrs. construction circular clarification in respect of existing complaints filed as per Env.Deptt., GoM/MoEF, GoI / Court’s directives.

22. Water and Air Acts • The important functions are to prepare state wide action plan for prevention and control of water and air pollution, • To classify water in the state as per designated use of water, impose prohibition and restrictions on establishment of industry, operation or process, discharge/emissions of pollutants, so as to maintain wholesomeness of environment taking into consideration carrying capacity. Therefore, while grant of consents, SPCB should impose necessary conditions. • In cases of exhausting of assimilative capacity of the area in which permissions sought prohibition/restrictions can be imposed by the SPCB/Environment Deptt., Govt. of Maharashtra/ Ministry of Environment and Forests, Govt. of India under the provisions of the Water / Air / Environment Acts as per its applicability. • SPCB imposes standards for discharge of effluents taking into consideration minimum standards laid down by the Central Govt., assimilative capacity of nearby environment / atmosphere/conditions imposed in the environmental clearance/prohibition / restrictions imposed by the Ministry of Environment & Forests, GoI / State Govt. etc. • Therefore, scheme of the Act must be first understood before taking any further remedial measure / action

23. NGT JurisdictionAdvisory/Somotu /Review / Appellate / Original • Water (P&CP) Act, 1974 :The scheme of the act is to maintain & restore wholesomeness of water quality in India by prevention & control of water pollution through imposition of various conditions on discharges from various sources by grant of consents. Govt. has been empowered to constitute State Pollution Control Board to implement the provisions of the Water Act, 1974. State Environment Deptt. has been constituted w.e.f. 1980 to take policy decisions. The Recruitment Rules for the creation of posts for State Pollution Control Board as well as approval of Annual Accounts and Annual Report are entrusted to the State Govt. for effective implementation of the provisions of the Act. Environment Deptt., of the State further empowered to issue directions to SPCB in performance of its functions. SPCB is the main regulatory authority to implement the provisions of the said Act. Central Pollution Control Board has been constituted to co-ordinate activities of SPCB/s in India. After passing of the Environment (Protection) Act, 1986, now overall supervision and control of matters relating to environment entrusted to the Central Govt. through Ministry of Environment & Forests, Govt. of India. The role of various authorities under various Environmental Laws will have to be understood before taking recourse to various remedies. Enforcement Mechanism under the provisions of the above specified enactments

24. Water Act, 1974 – RRZ issues • 1996 policy decision to discourage the discharges into river, but Local Authorities continue discharges as no fullfledge treatment & no land for disposal. MMR disposal in marine outfalls. • RRC catchment area to achieve zero discharge. 3. CEPT – Non complied CETP no permission for new or expansion of industry. PIL No.17/2011 order to regulate steps. HRTS inadequate land & disposal, MIDC Issues – pipeline expansion of capacity upgrade of CEPT. 4. Zero discharge/cleaner technology to allow. 5. STP/MSW zero discharge plants permission policy decision.

25. Air (P& CP) Act,1981 • Stone crusher location policy approval. • Air Polluting / Odour emitting activities including coal fuel without most advanced technology or cleaner technology options not to be permitted. 3. After establishment of NGT, Appellate Authorities will have to pass more consistent orders as 2nd Appeal to NGT and orders will have to be passed in time

26. Environment (Protection) Act, 1986 • MSW PIL - to implement action plan approved by order dtd.2/4/2013 in 17 clubbed petitions. • Electroplating / Mithi Presentations / NGT unconsented units sealing orders / order to take decision on Western Ghat Report stand to be cleared. • Attending NGT and Mechanism to defend

27. HIGH COURT

28. Status of Public Interest Litigations/Writ Petitions filed before Hon’ble High Court of Judicature at BombayBench at Mumbai / Aurangabad / Nagpur upto 31/07/2012

29. IMPORTANT DECISIONS GIVEN BY THE HON’BLE HIGH COURT / SUPREME COURT OF INDIA.

30. PIL No. 632 / 2004 Congress Nagar Citizen Association Vs The State of Maharashtra & Ors. Mumbai High Court (Nagpur Bench) appreciated work done in Noise Pollution Monitoring & observed as Under: It is only due to surprise checks made by Nagpur unit of the MPCB that this fact has come to the notice of this Court (Monitoring of Noise at various exhibitions and functions held through out the city of Nagpur.)

32. Public Interest Litigation No.32/2006 filed by Mumbai Medwaste Action Group against State of Maharashtra & Ors. & Public Interest Litigation No.41/2006 filed by Consumer Welfare Association against the State of Maharashtra & Ors. • The above Public Interest Litigations have been filed before Hon’ble High Court, Mumbai for effective implementation of the Bio-Medical Waste (Management & Handling) Rules, 1998. • The Board has filed various affidavits in the said matters and taken various actions as per Court’s orders. • The High Court has disposed off the said matters vide order dtd.9/4/2012 with the observation that the Petitioners will submit the representation to the Board, pointing out their requirement in respect of compliance of Rules within 3 weeks time and after receipt of such representation, the Board will initiate appropriate actions. • The Hon’ble High Court has taken on record a note in respect of various effective actions initiated by the Board and securing about 90% of the compliance from the Health Care Establishments with the statutory requirements. • The Board has also taken note of the effective steps taken by the various officers of the Board in securing about 90% compliance from the Health Care Establishments in respect of the BMW Rules, 1998.

34. Bhopal Gas Case before Hon’ble Jabalpur High Court, Madhya Pradesh • The “Bhopal Gas Tragedy”, which took place in the year, 1984 at Bhopal on account of leakage of Methyl Isocyanides from the plant of Union Carbide India Ltd., resulting into en masse death of the people, living in & around the plant of M/s.Union Carbide India Ltd. Besides, countless men, women and children permanently crippled. • One Shri Alok Pratap Singh, filed a Writ Petition has filed Writ Petition No.2802/2004 against the Union of India and Ors. before Hon’ble High Court Judicature at Madhya Pradesh, Principal Bench at Jabalpur, seeking appropriate directions against the Respondents for the transportation and disposal of the toxic and hazardous waste lying at the defunct & dismantled plant of Union Carbide India Ltd., Bhopal (UCIL, Bhopal). The Hon’ble High Court at Jabalpur has passed an order dtd.12/07/2011 to dispose off the hazardous and toxic waste material of M/s.Union Carbide India Ltd.,Bhopal in the double chamber incinerator capacity at DRDO Nagpur.

35. Contd. • The Board had filed various Affidavits in the said matter. • Hon’ble Jabalpur High Court vide order dtd.19/12/2011 directed the Central Govt. to get test of incineration of waste material and analysis. • Further based on the meeting held on 22/2/2012, the MoEF, GoI has directed the CPCB to conduct the trial run of hazardous waste. • Now the Union of India has filed SLP No.9874/2011 before Hon’ble Supreme Court of India against Shri Alok Pratap Singh and the matter is pending. It has been decided to dispose off hazardous waste from Bhopal at Common Facility in Germany. However, the disposal will be done only after specific order passed in SLP No.9874/2011 by Hon’ble SC, wherein, MP Govt. has intervened.

36. Legal Matrix • Policy and Law Division is special invitee in the Consent Committee and Consent Appraisal Committee Meeting. • Under the guidance of Hon’ble Chairman & the then Member Secretary, MPCB, the P&L Divn. first introduced the concept of auto renewal, which has been further developed and amended in consultation with the then JD(PAMS) and other HoDs. • P&L Divn. also developed under the guidance of Hon’ble Chairman and the then MS in consultation with the HoDs the Legal Matrix, which includes various legal actions and also procedure for issuance of uniform directions, which are to be taken to the logical conclusion.

37. MPCB introduced this concept in 1995. Performance Bank Guarantee taken from non-complying units MPCB encashed BG worth Rs.61 Lakhs. This is in line with “polluters pay” principle Others States followed suit. CONCEPT OF BANK GURANTEE

38. Thanking You