Pollution emitting Industries
Source: PIB
GS III: Conservation, environmental pollution and degradation, environmental impact assessmentImportant International institutions, agencies and fora- their structure, mandate
Overview
- News in Brief
- What is the gross non-compliance?
- Reason for the enactment of EPA
- Environment (Protection) Act, 1986
Why in the News?
The Central Pollution Control Board (CPCB) has devised a ‘Standard Protocol for Conducting Inspections, Report Preparation and Action’.
News in Brief
- The action against violators is taken based on the guidelines prescribed in this protocol.
- In general, for minor non-compliances, a show-cause notice is issued to the unit, in line with the principles of Natural Justice and to allow the unit, before issuance of closure directions under Section 5 of the Environment (Protection) Act, 1986.
- However, closure directions under Section 5 of the Environment (Protection) Act, 1986 are issued directly to the unit if it is found grossly non-complying with prescribed environmental standards and other shortcomings which have the potential to cause grave injury to the environment.
- CPCB has inspected 215 industrial units since 2020, out of which 83 units were found non-complying with environmental norms.
- Based on the severity of violations, closure directions were directly issued to 7 units without issuance of show-cause notice.
- All these 7 units have later complied with prescribed environmental norms.
What is the gross non-compliance?
- Any bypass discharge of partially treated or untreated effluent and emission observed.
- Injection of treated or untreated water or both into groundwater (reverse boring).
- Operating unit having defunct Effluent Treatment Plant (ETP) or Air Pollution Control Device (APCD) and/or operating without installation of ETP or APCD.
- Unauthorized disposal or dumping of hazardous waste is likely to cause grave injury to the Environment.
Reason for the enactment of EPA
- EPA Act was enacted under Article 253 of the Indian Constitution which provides for the enactment of legislation for giving effect to international agreements.
- India participated United Nations Conference on the Human Environment held in Stockholm in June 1972.
- Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Article 51A further provides that every citizen shall protect the environment.
Environment (Protection) Act, 1986
- The Environment (Protection) Act was enacted in 1986 to provide for the protection and improvement of the environment.
- It empowers the Central Government to establish authorities [under section 3(3)] 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.
Some Features
- Central Government take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment in coordination with the State Governments.
- No individual or organisation shall discharge/emit or permit to discharge/emit any environmental pollutant in excess of the prescribed standards.
- Any person empowered by the Central Government shall have a right to enter (with the assistance deemed necessary) at any place.
- Establishment of Environmental Laboratories.
Punishment
- Any offences under the EPA are punishable with imprisonment of up to five years or a fine of up to 1 lakh rupees or both.
- The offence committed by a company person directly in charge of the company at the time of the commitment of the offence is deemed to be guilty unless proven otherwise.
- If a government department committed an offence the Head of the department shall be guilty unless proven otherwise.
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