Environment protection and pollution control Act and rules.

<2/”>a >The Environment Protection Act is an important legislation that provides for coordination of activities of the various regulatory agencies, creation of authorities with adequate powers for environmental protection, regulation of the discharge of environmental pollutants, handling of hazardous substances, etc. The Act provided an opportunity to extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands, wetlands and coastal zones.The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.

The Environment Protection Act is an umbrella legislation that consolidated the provisions of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of  Pollution) Act of 1981.  Within this framework of the legislations, the government established Pollution Control Boards (PCBs) in order to prevent, control, and abate environmental pollution.

Under the EPA, Environmental Impact Assessment (EIA) Notification was introduced in 1994, it was modified in 2006 and the latest amendment was in 2009.  Under the EIA it has become mandatory to seek environmental clearance for several activities and industries with the involvement of the public as per procedure.

Main Features of The Environment Protection Act are:-

i) Co-ordination of actions by the State Governments, officers and other authorities

ii) Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution.

iii) Laying down standards for the quantity of environment in its various aspects.

iv) Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever. Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission lr discharge of environmental pollutants from such sources.

v) Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards.

vi) Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents.

vii) Laying down procedures and safeguards for the handling of hazardous substances.

viii) Examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution.

ix) Carrying out and sponsoring investigations and research relating to problems of environmental pollution.

x) Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution.

xi) Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act.

xii) Collection and dissemination of information in respect of matters relating to environmental pollution.

xiii) Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution.

The Water Prevention and Control of Pollution Act was enacted in 1974 to provide for the prevention and control of Water Pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988. The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities. This cess is collected with a view to augment the Resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974.

The main purpose of The Water Prevention and Control of Pollution Act is to levy and collect cess on water consumed by certain categories of Industry specified in the schedule appended to the Act. The Money thus collected is used by CPCB and SPCBs to prevent and control water pollution.

The Water Prevention and Control of Pollution Act provides for constitution of central and State Boards for preventing water pollution, power to take water samples and their analysis, discharge of sewage or trade effluents, appeals, revision, minimum and maximum penalties, publication of names of offenders, offences by companies and Government departments, cognizance of offences, water laboratories, analysis etc.

Prevention and control of water pollution is achieved through a permit or ‘Consent administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the State Water Board, subject to any condition they specify. Any person who fails to comply with a directive of the State cannot, however, entertain in suit under this Act unless the suit is brought by, or with the sanction of the State Board.

Functions of Central Board:

1. Subject to the provisions of this Act, the main function of the Central Board shall be to promote cleanliness of streams and wells in different areas of the States.
2. In particular and without prejudice to the generality of the foregoing function, the Central Board may perform all or any of the following functions, namely:

a) Advise the Central Government on any matter concerning the prevention and control of water pollution
b) Co-ordinate the activities of the State Boards and resolve disputes among them
c) Provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution
d) Plan and organize the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify
e) Organize through mass media a comprehensive programme regarding the prevention and control of water pollution
(perform such of the functions of any State Board as may be specified in an order made under sub section(2) of Section 18)
f) Collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith
g) Lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well
(Provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of waterflow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells)
h) Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution
i) Perform such other functions as may be prescribed

3. The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents.

Functions of the State Boards:

a) To plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof
b) To advise the State Government on any matter concerning the prevention, control or abatement of water pollution
c) To collect and disseminate information relating to water pollution and the prevention, control or abatement thereof
d) To encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution
e) To collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass Education programmes relating thereto
f) To inspect sewage or trade effluents, works and Plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act
g) To lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State
h) To evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, Climate and Water Resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution
i) To evolve methods of utilization of sewage and suitable trade effluents in agriculture) To evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution
j) To lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the Tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents
k) To make, vary or revoke any order

i)?for the prevention, control or abatement of discharges of waste into streams or wells
ii)?requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such remedial measures as are necessary to prevent, control or abate water pollution

l) To lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents
m) To advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well
n) To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

The Air Prevention & Control of Pollution Act is an Act by Parliament to provide for the prevention, control and abatement of Air Pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.The objective of the Air Act 1981 is to prevent, control and reduce air pollution including Noise Pollution.

Under provisions of this Act, no person shall, without previous consent of the SPCB, establish or operate any industrial plant in air pollution control area the investor has to apply to the SPCB/Pollution Control Committee (PCB) to consent. No person operating any industrial plant shall emit any air pollution in excess of the standards laid down by the SPCB and have to comply with the stipulated conditions.

Under section-19 of The Air Prevention & Control of Pollution, the State Government  may with the help of  the State Board declare air pollution control areas, alter any air pollution control area or declare a new air pollution control area after altering the existing areas. Air Pollution Act states that no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an Air Pollution Control Area. No person operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board.

State Government may  by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under The Air Prevention & Control of Pollution.State Board has following:-

(a) a Chairman, being a person, having a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government.

(b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government;

(c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;

(d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which in the opinion of that government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government

Main Functions of Central Board under The Air Prevention & Control of Pollution are:-

(a) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution;

(b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;

(c) co-ordinate the activities of the State and resolve disputes among them;

(d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution;

(e) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify;

(f) organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution;

(g) collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution;

(h) lay down standards for the quality of air.,

(i) collect and disseminate information in respect of matters relating to air pollution;

(j) perform such other functions as may be prescribed.

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The Environment Protection and Pollution Control Act and Rules are a set of laws and regulations that govern the protection of the environment in India. The Act was passed in 1986, and the Rules were framed in 1991. The Act and Rules are designed to prevent, control, and abate pollution of air, water, land, and noise. They also provide for the management of hazardous waste and radioactive waste.

The Act and Rules are enforced by the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs). The CPCB is a statutory body that is responsible for the overall coordination and monitoring of pollution control activities in the country. The SPCBs are responsible for implementing the Act and Rules in their respective states.

The Act and Rules have been amended several times since they were first enacted. The most recent amendment was in 2019. The amendments have been made to strengthen the provisions of the Act and Rules, and to make them more effective in preventing and controlling pollution.

The Act and Rules have had a significant impact on the environment in India. They have helped to reduce pollution levels in the country, and have improved the Quality Of Life for millions of people. However, there is still a lot of work to be done. Pollution levels in India are still high, and there are many challenges that need to be addressed.

One of the biggest challenges is the lack of awareness about the importance of environmental protection. Many people in India are not aware of the impact that pollution has on their Health and the environment. They are also not aware of the laws and regulations that are in place to protect the environment.

Another challenge is the lack of enforcement of the Act and Rules. The CPCB and the SPCBs do not have the resources to effectively enforce the laws and regulations. This has led to a situation where many polluters are not being held accountable for their actions.

Despite the challenges, the Act and Rules have made a positive impact on the environment in India. They have helped to reduce pollution levels, and have improved the quality of life for millions of people. However, there is still a lot of work to be done. Pollution levels in India are still high, and there are many challenges that need to be addressed.

The following are some of the key provisions of the Environment Protection and Pollution Control Act and Rules:

  • The Act prohibits the discharge of any pollutant into the air, water, or land in such a manner as to cause or likely to cause environmental pollution.
  • The Act also prohibits the use of any substance or process which is likely to cause environmental pollution.
  • The Act provides for the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).
  • The CPCB and the SPCBs are responsible for the implementation of the Act and Rules.
  • The Act also provides for the appointment of Inspectors to inspect any premises or place where any pollutant is being discharged or is likely to be discharged.
  • The Inspectors have the power to take samples of any pollutant, and to seize any equipment or material which is being used in contravention of the Act.
  • The Act also provides for the imposition of penalties for contravention of the Act.

The Environment Protection and Pollution Control Act and Rules are an important step in protecting the environment in India. The Act and Rules have helped to reduce pollution levels in the country, and have improved the quality of life for millions of people. However, there is still a lot of work to be done. Pollution levels in India are still high, and there are many challenges that need to be addressed.

What is environmental protection?

Environmental protection is the practice of protecting the natural environment by individuals, organizations and governments. Its goal is to conserve the Earth’s Natural Resources and the existing life forms in the Biosphere.

What is pollution control?

Pollution control is the process of reducing the amount of pollution that is released into the environment. It can be done through a variety of methods, such as using cleaner technologies, installing pollution control devices, and changing the way that products are manufactured.

What are the different types of pollution?

There are many different types of pollution, including air pollution, water pollution, land pollution, noise pollution, and Light pollution. Air pollution is caused by the release of harmful gases and particles into the air. Water pollution is caused by the release of harmful chemicals and waste into water bodies. Land pollution is caused by the improper disposal of waste, such as garbage and sewage. Noise pollution is caused by excessive noise, such as from traffic or construction. Light pollution is caused by excessive artificial light, such as from streetlights and billboards.

What are the causes of pollution?

The causes of pollution are many and varied, but some of the most common include:

  • Industrial activity: Factories and other industrial facilities often release harmful pollutants into the air, water, and land.
  • Transportation: Vehicles, such as cars, trucks, and airplanes, emit a variety of pollutants, including carbon monoxide, nitrogen oxides, and particulate matter.
  • Agriculture: Farming practices can contribute to pollution in a number of ways, such as through the use of pesticides and Fertilizers, and the runoff of manure into waterways.
  • Waste disposal: The improper disposal of waste, such as garbage and sewage, can contaminate Soil and water.
  • Energy production: The burning of fossil fuels, such as coal and oil, releases pollutants into the air.

What are the effects of pollution?

The effects of pollution can be devastating to both human health and the environment. Some of the most serious effects of pollution include:

  • Respiratory problems: Air pollution can cause a variety of respiratory problems, such as asthma, bronchitis, and pneumonia.
  • Heart disease: Air pollution can also increase the risk of heart disease.
  • Cancer: Some pollutants, such as asbestos and lead, are known to cause cancer.
  • Birth defects: Pollution can also cause birth defects, particularly in children who are exposed to it in the womb.
  • Environmental damage: Pollution can damage Ecosystems, kill wildlife, and harm plants.

What can be done to prevent pollution?

There are a number of things that can be done to prevent pollution, including:

  • Using cleaner technologies: Cleaner technologies can help to reduce the amount of pollution that is released into the environment.
  • Installing pollution control devices: Pollution control devices can help to filter out harmful pollutants from the air, water, and land.
  • Changing the way that products are manufactured: Manufacturers can reduce pollution by changing the way that they produce their products.
  • Reducing, reusing, and recycling: Reducing, reusing, and recycling can help to reduce the amount of waste that is produced.
  • Conserving energy: Conserving energy can help to reduce the amount of pollution that is caused by energy production.
  • Planting trees: Trees can help to clean the air and water, and they can also help to reduce noise pollution.

What is the importance of environmental protection?

Environmental protection is important because it helps to protect human health and the environment. Pollution can cause a variety of health problems, such as respiratory problems, heart disease, cancer, and birth defects. Pollution can also damage ecosystems, kill wildlife, and harm plants. Environmental protection helps to reduce the amount of pollution that is released into the environment, which can help to protect human health and the environment.

  1. The Environment Protection Act, 1986 was enacted to:
    (A) Provide for the protection and improvement of the environment and for matters connected therewith or incidental thereto.
    (B) To provide for the establishment of the National Environmental Appellate Authority and State Environmental Appellate Authorities for the purpose of hearing appeals against orders made by the Central Pollution Control Board or the State Pollution Control Boards under the Act.
    (C) To provide for the establishment of the National Environment Fund and State Environment Funds for the purpose of providing financial assistance for the implementation of the provisions of the Act.
    (D) All of the above.

  2. The Central Pollution Control Board (CPCB) is a statutory body established under the Environment Protection Act, 1986. The CPCB is responsible for:
    (A) Planning, co-ordinating and implementing the environmental policies, programmes and strategies.
    (B) Laying down standards for the quality of air, water and soil.
    (C) Monitoring the quality of air, water and soil.
    (D) Taking steps to prevent and control pollution.

  3. The State Pollution Control Board (SPCB) is a statutory body established under the Environment Protection Act, 1986. The SPCB is responsible for:
    (A) Planning, co-ordinating and implementing the environmental policies, programmes and strategies in the State.
    (B) Laying down standards for the quality of air, water and soil in the State.
    (C) Monitoring the quality of air, water and soil in the State.
    (D) Taking steps to prevent and control pollution in the State.

  4. The National Environmental Appellate Authority (NEAA) is a statutory body established under the Environment Protection Act, 1986. The NEAA is responsible for:
    (A) Hearing appeals against orders made by the Central Pollution Control Board or the State Pollution Control Boards under the Act.
    (B) Giving directions to the Central Pollution Control Board or the State Pollution Control Boards for the proper implementation of the provisions of the Act.
    (C) Imposing penalties on the Central Pollution Control Board or the State Pollution Control Boards for non-compliance with the provisions of the Act.
    (D) All of the above.

  5. The National Environment Fund (NEF) is a statutory fund established under the Environment Protection Act, 1986. The NEF is used for:
    (A) Providing financial assistance for the implementation of the provisions of the Act.
    (B) Providing financial assistance for research and development in the field of environment protection.
    (C) Providing financial assistance for training and awareness programmes in the field of environment protection.
    (D) All of the above.

  6. The State Environment Fund (SEF) is a statutory fund established under the Environment Protection Act, 1986. The SEF is used for:
    (A) Providing financial assistance for the implementation of the provisions of the Act in the State.
    (B) Providing financial assistance for research and development in the field of environment protection in the State.
    (C) Providing financial assistance for training and awareness programmes in the field of environment protection in the State.
    (D) All of the above.

  7. The Air (prevention and control of pollution) Act, 1981 was enacted to:
    (A) Provide for the prevention, control and abatement of air pollution.
    (B) To provide for the establishment of Central Pollution Control Board and State Pollution Control Boards for the purpose of carrying out the provisions of the Act.
    (C) To provide for the appointment of officers for the purpose of carrying out the provisions of the Act.
    (D) All of the above.

  8. The Water (Prevention and Control of Pollution) Act, 1974 was enacted to:
    (A) Provide for the prevention, control and abatement of water pollution.
    (B) To provide for the establishment of Central Pollution Control Board and State Pollution Control Boards for the purpose of carrying out the provisions of the Act.
    (C) To provide for the appointment of officers for the purpose of carrying out the provisions of the Act.
    (D) All of the above.

  9. The Noise Pollution (Regulation and Control) Act, 2000 was enacted to:
    (A) Provide for the regulation and control of noise pollution.
    (B) To provide for the establishment of Central Pollution Control Board and State Pollution Control Boards for the purpose of carrying out the provisions of the Act.
    (C) To provide for the appointment of officers for the purpose of carrying out the provisions of the Act.
    (D) All of the above.

  10. The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 were framed under the Environment Protection Act