Environmental Laws Framework for Understanding

Environmental Laws Training
Understanding the Legal Framework for Environmental laws
Prepared By : Farzan Ahmad

TABLE OF CONTENT
I. Introduction of Environmental Laws
II. Legislative Framework
III. Key Discussion Laws
IV. Identified Gaps & Planning Actions
V. Case Study and Example
VI. Industry Best Practices

INTRODUCTION
Environmental legislation is designed to conserve and protect the natural environment while supporting sustainable development.
Historical Context
• Pre-1970s: Limited focus on environmental protection.
• 1970s: Chipko Movement raised awareness.
• 1984: Bhopal Gas Tragedy highlighted the need for strict laws.
International Treaties
• 1972: United Nations Conference on the Human Environment in Stockholm
42th Constitutional Amedment,1976
• Added Article 14, 51 & 253: Protect and improve the environment.
Important Legislative Framework
• Environment (Protection) Act, 1986 (EPA)
• Public Liability Insurance Act (PLIA), 1991
• National Environment Tribunal Act, 1995
• The Bio-Medical Waste (M&H), Rules 1998
• The MSIHC Rules ,1989
• Noise Pollution (Regulations and Control) 2000
• Utilization of Fly-ash made mandatory 1999
• Recycling of Waste Oil and Non-ferrous scrape 1999

This act prevents and controls water pollution and maintains water quality. It establishes Boards with powers and functions to achieve these
goals.
The Water Act contains 64 sections and is divided into 8 chapters
Key Definitions:
Sec. 2 (e) “pollution” means contamination or changes in water due to discharge of substances, making it harmful or a nuisance.
Sec. 2 (g) “sewage effluent” is wastewater from sewer systems or disposal works, including open drain sludge.
Sec. 2 (k) “trade effluent” is any substance discharged from industrial premises, excluding domestic sewage.
Key Sections:
CHAPTER V- Prevention & Control of Water Pollution
• Restrict Act to certain areas. (section 19)
• Take effluent samples, analyze results. (section 21& 22)
• Power of entry and inspection (section 23)
• Prohibit stream/well pollution. (section 24)
• Restrict new outlets/discharges. (section 25)
• Existing sewage/trade effluent provisions. (section 26)
• Emergency pollution measures. (section 30)
CHAPTER VII – Penalties & Procedure
• Minimum Penalty: ₹10,000 , Maximum Penalty: ₹1 lakh
• Continued Violation: ₹5,000 per day
• Minimum Imprisonment: 1.5 year , Maximum Imprisonment: 6 years
• Responsible: Occupier & the person directly in charge and responsible for the plant or both

Key Compliances:
• Submit Form XII for effluent consent.
• Apply for consent renewal 120 days prior.
• Consent needed for any process changes.
• Effluent within EPA, 1986 standards.
• No wastewater discharge allowed.
• Quarterly effluent sampling; submit reports.
• Comply with all consent directives.
• Maintain housekeeping; leak-proof pipelines.
• Install and calibrate flow meters annually.
• Record daily water and effluent data.
• Safely dispose of STP & ETP sludge.
• STP sludge use for in-house horticulture activity
• ETP sludge safely dispose off as per HWM Rule.
• Maintain and drill emergency plans.
• Prepare for accidental pollutant leaks.

An Act to prevent, control, and reduce air pollution by establishing Boards with powers and functions related to these purposes.
The Air Act contains 64 sections and is divided into 7 chapters
Key Definitions:
Sec. 2 (a) “air pollutant" is any solid, liquid, or gas substances (including noise) in the air at harmful concentrations.
Sec. 2 (h) “chimney” is any structure with an opening that emits air pollutants.
Sec. 2 (j) “emission” is any solid, liquid, or gas released from a chimney, duct, or flue.
Key Sections:
CHAPTER IV- Prevention & Control of Air Pollution
• Power to declare air pollution control areas (section 19)
• Iinstructions for automobile emission standards (section 20)
• Restrictions on use of certain industrial plants (section 21)
• Industry emissions must meet State Board standards (section 22)
• Power of entry and inspection (section 24)
• Power to take samples of air or emission (section 26)
• Analysis reports of samples under section 26 (section 27)
CHAPTER VI – Penalties & Procedures
• Continued Violation: ₹5,000 per day
• Minimum Imprisonment: 1.5 year , Maximum Imprisonment: 6 years

Key Compliances:
• Apply to SPCB for consent.
• Renew consent 120 days before expiry.
• No new emissions without consent.
• Comply with all conditions.
• Store materials in closed sheds.
• Report excess emissions online.
• Quarterly monitoring; submit reports.
• Install continuous air quality monitoring.
• Maintain stack monitoring infrastructure.
• Use covered transport for materials.
• Implement APC systems at dust points.
• Apply emergency preparedness plans.
• Provide stack height, D.G. enclosures.
• Control fugitive emissions; sprinkle water.
• Comply with GSR 826(E) standards.
• DG noise limit: Day 55 dB(A), Night 45 dB(A).

An Act to provide for the protection and improvement of environment and for matters connected therewith.
The Air Act contains 26 sections and is divided into 4 chapters
Key Definitions
• Sec. 2 (a) “environment” includes water, air, land, and their relationships with living beings, plants,
microorganisms, and property.
• Sec. 2 (b) “environmental pollutant” is any harmful solid, liquid, or gas substances in the environment.
• Sec. 2 (d) “handling” means the manufacturing, processing, storing, transporting, using, or disposing of a
substance.
• Sec. 2 (e) “hazardous substance” is any substance that can harm humans, living creatures, plants
• microorganisms, property, or the environment due to its properties or handling.
Key Sections
CHAPTER III Prevention, Control & Abatement of Environmental Pollution
• No industry or process can emit pollutants beyond prescribed standards. (Section 7)
• Hazardous substances must be handled according to prescribed procedures and safeguards. (Section 8)
• Accidental Release of Pollutant. (Section 9)
• Inspection Rights of Authorities. (Section 10)
• Central Government or authorized officers can sample air, water, soil, etc., for analysis. (Section 11)
Penalty (Section 14A & 14B) (Section 15A & 15B)
• Continued Violation: ₹10,000 per day,
• Minimum Imprisonment: 1 year , Maximum Imprisonment: 6 years

Key Compliances:
• Submit six-monthly compliance reports to concerned authorities.
• Stack overburden at OB dump site only.
• Reclaim waste dump scientifically.
• Slope stability study for 30m+ dumps.
• Set up Environmental Management Cell.
• Work toward Zero Harm in mining.
• Conserve endangered flora and fauna.
• Prepare Wildlife Conservation Plan.
• Submit Wildlife Plan and status report to concerned authorities.
• Plantation/afforestation in reclaimed areas.
• Install rainwater harvesting structures.
• Plant local species trees on 33% of area.
• Renew and submit PLIA policy to SPCB.
• Pay Environmental Compensation.
• Submit quarterly compliance reports.
• Prevent pollutant runoff with rainwater.
• Reuse/recycle tailing dam wastewater.
• Adhere to groundwater extraction limits.

GENERAL ENVIRONMENTAL STANDARDS
These are General
Standards for
Discharge of
Environmental
Pollutants under
Schedule VI of the
Environmental
Protection Act, 1986,
Part A: Effluents,
outlines permissible
limits for various
pollutants in effluents
discharged into water
bodies.
S.N Parameter
STANDARDS
Inland surface water Public Sewers
1 Suspended solids mg/l, Max. 100 600
2 Particulate size of suspended solids Shall pass 850 micron
3 pH Value 5.5 to 9.0 5.5 to 9.0
4 Temperature (above the receiving water temperature) shall not exceed 5oC
5 Oil and grease mg/l Max 10 20
6 Total residual chlorin mg/l Max. 1
7 Ammonical nitrogen (as N), mg/l Max. 50 50
8 Total Kjeldahl Nitrogen (as NH3) mg/l, Max 100
9 Free ammonia (as NH3) mg/l, Max. 5
10 Biochemical Oxygen demand 1 [3 days at 27 oC] mg/l max. 30 350
11 Chemical Oxygen Demand, mg/l, max 250
12 Arsenic (as As), mg/l, max 0.2
13 Mercury (as Hg), mg/l, Max 0.01 0.01
14 Lead (as Pb) mg/l, Max. 0.1 1
15 Cadmium (as Cd) mg/l, Max 2 1
16 Hexavalent Chromium (as Cr+6), mg/l max 0.1 2
17 Total chromium (as Cr.) mg/l, Max. 2 2
18 Copper (as Cu) mg/l, Max. 3 3
19 Zinc (As Zn.) mg/l, Max. 5 15
20 Selenium (as Se.) mg/l, Max 0.05 0.05
21 Nickel (as Ni) mg/l, Max. 3 3
22 Cyanide (as CN) mg/l Max. 0.2 2
23 Fluoride (as F) mg/l Max 2 15
24 Dissolved Phosphates (as P), mg/l Max. 5
25 Sulphide (as S) mg/l Max. 2
26 Phenoile compounds (as C6H5OH) mg/l, Max. 1 5
27 Alpha emitter micro curie/ml. 10-Jul 10-Jul
28 Beta emitter micro curie/ml. 10-Jun 10-Jun
29 Manganese (as Mn) 2 mg/l 2 mg/l
30 Iron (as Fe) 3 mg/l 3 mg/l
31 Vanadium (as V) 0.2 mg/l 0.2 mg/l
32 Nitrate Nitrogen 10 mg/l

National Ambient Air
Quality Standards
Central Pollution
Control Board
Notification
New Delhi, the 18th
November, 2009
S.N Pollutant Time Weighted average
Concentration in Ambient Air
Industrial,
Residential,
Rural and Other
Area
Ecologically
sensitive area
(notified by
Central
Government)
1 Sulphur Dioxide (SO2), µg/m3
Annual 50 20
24 hours 80 80
2 Nitrogen Dioxide (NO2), µg/m3
Annual 40 30
24 hours 80 80
3
Particulate Matter (size less than 10 µm) or
PM10 µg/m3
Annual 60 60
24 hours 100 100
4
Particulate Matter (size less than 2.5 µm) or
PM2.5 µg/m3
Annual 40 40
24 hours 60 60
5 Ozone (O3) µg/m3
8 hours 100 100
1 hour 180 180
6 Lead (Pb) µg/m3
Annual 0.5 0.5
24 hours 1 1
7 Carbon Monoxide (CO) mg/m3
8 hours 2 2
1 hour 4 4
8 Ammonia (NH3) µg/m3
Annual 100 100
24 hours 400 400
9 Benzene (C6H6) µg/m3 Annual 5 5
10
Benzo (a) Pyrene (BaP) – particulate phase
only, ng/m3
Annual 1 1
11 Arsenic (As), ng/m3 Annual 6 6
12 Nickel (Ni), ng/m3 Annual 20 20
GENERAL ENVIRONMENTAL STANDARDS

It came into force on the date of their publication in the Official Gazette, New Delhi i.e on 28th March, 2016
 RULES : I – XVIII , SCHEDULE : I – IV , FORMS : I - V
2. Application
3. Definitions
4. Duties of the Occupier
8. Segregation, packaging, transportation
and storage
10. Procedure for authorization
13. Annual report
14. Maintenance of records.
15. Accident reporting
1. Biomedical wastes categories and their
segregation, collection , treatment,
processing and disposal options.
2. Standards for treatment and disposal
of bio-medical wastes.
3. List of prescribed authorities and
duties.
4. Label for bio-medical waste containers
or bags.
1. Accident reporting
2.Application for authorization or
renewal of authorization
3. Authorization
4. Annual report
5. Application for filing appeal against
order passed by the prescribed authority

Applicability : These rules apply to all entities whose dealing, storage, handling & transportation of biomedical waste material
Key Definitions
Sec. 3(i) "handling": Managing all steps of biomedical waste.
Sec. 3(k) "major accident": Large-scale biomedical waste accident, excluding minor incidents.
Sec. 3(m) "occupier": Person in control of biomedical waste facility.
Key Compliances: Occupier
• Obtain Bio-medical Waste authorization.
• Renewal application: 120 days before expiry/as per authorization granted
• Comply with Bio-medical Waste Management Rules, 2016.
• Health checkups and immunizations for healthcare workers.
• Disinfect/sterilize lab waste per WHO guidelines.
• Segregate, pre-treat liquid chemical waste.
• No mixing treated biomedical waste with municipal waste.
• Store waste securely in colored bags/containers.
• Transport waste to biomedical waste treatment facility.
• Maintain waste records for five years.
• Train healthcare workers on waste management annually.
• Submit annual report by June 30 (Form 4A).
• Handle mercury waste per Hazardous Waste Management Rules, 2016.

Schedule I- Biomedical waste categories
Schedule –IV Part A –Label for Bio-medical Waste
Containers or Bags
Part B - Label for transporting Bio medical waste bags or
containers
Handle with Care
Cytotoxic Hazards Symbol
Handle with Care

4. General responsibility of the occupier
5. Notification of major accident
6. Industrial Activity to which Rules 7 to 15 apply
7. Approval and notification of sites
9. Transitional provisions
10. Safety reports
13. Preparation of on-site emergency plan
14. Preparation of off-site emergency plan
17. Collection, development and dissemination of
information
19. Improvement notices
These rules aim to regulate the handling, storage, transportation of hazardous chemicals. The MSIHC Rules
contains 20 rules and is divided into 10 schedules
1. Criteria and list of 684 chemicals.
2. Isolated storage at specific installations.
3. Hazardous chemicals for Rules 5, 7-15.
4. Production/processing/treatment of chemicals.
5. Authorities' duties and roles.
6. Major accident notification details.
7. Site notification information.
8. Safety report details.
9. Safety Data Sheet.
10. Records of imported hazardous chemicals.
Key Definitions:
Hazardous Chemical: As per Schedule 1, 2, 3 criteria.
Industrial Activity: Handling hazardous chemicals, storage, transport.
Isolated Storage: Hazardous chemical storage, not site-linked.
Major Accident: Severe incidents causing significant damage.
MHA Installations: Sites with significant hazardous chemical quantities.
Pipeline: Pipes conveying hazardous chemicals, under 8 bars.

Key Compliances:
• Accident Notification: Notify the authority within 48 hours of a major accident (Schedule 5).
1. Notify steps to prevent recurrence of accident.
2. Safety Report: (Rule 10, Schedule 8).
• New Activity: Submit 90 days before starting. (Sub rule 2 of Rule 6)
• Safety Audit: (Rule 10, Schedule 8).
1. Conduct yearly audits with an external expert.
2. Submit the auditor's report to the authority within 30 days.
• On Site Emergency Plan: (Rule12)
1. New Activity: Prepare before starting.
2. Existing Activity: Prepare within 90 days.
3. Include the site safety officer's name and authorized to act in emergency (Schedule 11).
• Conduct mock drills every 6 months; report results promptly to the authority.
• Off-Site Emergency Plan: Authority must prepare and rehearse annually in consultation with the occupier. (Rule13)
• Public Information: (Rule15)
1. Inform nearby people about major accidents and safety measures, directly or via District Emergency Authority.
• Safety Data Sheets: Provide for all hazardous chemicals. (Received & Developed) (Rule17)
• Labelling: Containers must clearly label contents, manufacturer/importer details, and safety data (Part 1, Schedule 1).

IDENTIFIED GAPS AND ACTION PLAN FOR RECTIFICATION
Title: Environmental Hazards
Key NC Points:
1. Coolant mixed water (trade effluent) was directly poured in
the Rainwater harvesting pit on the premises.
2. Trade effluent was collected in a tank and disposed off onto
agricultural land outside the premises.
3. An unauthorized tanker handled hazardous material,
potentially causing health hazard in the surrounding area.
4. This is a clear violation of CPCB guidelines for maintaining
RWH pits to store rainwater to recharge groundwater levels
only.
What should be
our action plan
1. Redirect coolant water to treatment facilities.
2. Inspect RWH pits annually.
3. Maintain effluent collection & drainage pipe
from any leakage.
4. Treat trade effluent before disposal.
5. Use authorized contractors for hazardous
waste.
6. Restrict RWH pits to rainwater only.
7. Train employees to avoid unsafe practices.

Title: Environmental and Safety Hazards
Key NC Points:
1. Trade effluent has leaked from the valve and there’s
significant spillage within the premises
2. Trade effluent has contaminated the soil.
3. Handling of trade effluent is inappropriate.
4. The person handled the effluent without wearing any PPE.
5. Clear violation of CPCB guidelines for zero effluent discharge
in factory premises.
What should be
our action plan
1. Repair valve; redirect effluent to treatment.
2. Remove contaminated soil; restore area.
3. Ensure that handling of sewage & trade effluent is
as per the CPCB guidelines
4. Ensure proper sewage effluent handling.
5. Enforce PPE use for all handling activities.
6. Adhere to CPCB zero discharge guidelines.
7. Check all equipments, pipelines and valves from
time to time to ensure zero effluent discharge

Key NC Points:
1. Biomedical and other solid waste were mixed without
proper arrangements.
2. No proper storage for separate biomedical waste storage.
3. No tags or standardized bags for proper packing and closure
of waste.
4. No appropriate waste bins inside the medical room.
5. No records of generation, storage, and disposal of
biomedical waste maintained.
6. No training records were maintained for the relevant staff.
What should be
our action plan
1. Segregate biomedical from other waste.
2. Implement designated storage for biomedical waste.
3. Use standardized bags and tags for waste.
4. Install appropriate bins in medical rooms.
5. Maintain records of waste generation, storage,
disposal.
6. Keep training records for relevant staff.
7. Use appropriate PPE when handled the biomedical
waste.

Key NC Points:
1. Used oil drums were kept directly on the ground,
continuously leaking.
2. Used oil accumulated in a pot inside the plant premises.
3. Chemical waste drums lacked proper labeling as per HWM
Rule 2016.
4. Leakage violated the zero discharge policy for effluent.
5. No secondary containers were used for storage.
6. No records were maintained under FORM-3.
What should be
our action plan
1. Store oil drums with secondary spill containment.
2. Remove accumulated oil properly.
3. Label chemical drums per HWM Rule 2016.
4. Prevent effluent leaks to uphold zero discharge.
5. Use secondary containers for all storage.
6. Dispose off the hazardous waste with in 90 days as
per HWM rule 2016
7. Maintain waste records under FORM-3.

Title: Environmental & Safety Hazards
Key NC Points:
1. Flammable chemicals are stored outside in direct sunlight.
2. Batteries are kept outside and exposed to direct sunlight.
3. Risk of flammable liquids contacting air, potentially causing
a fire.
4. Risk of battery explosion.
5. Batteries bought under the buyback policy do not comply
with legal requirements.
What should be
our action plan
1. Store flammable chemicals in shaded areas and not under direct
sunlight
2. Always store flammable materials as per MSIHC rule & HWM rule
2016
3. Keep batteries in a cool, shaded place.
4. Ensure appropriate arrangements for fire fighting equipment.
5. Ensure secure storage for flammable liquids.
6. Follow safety protocols to prevent battery explosions.
7. Ensure buyback policy compliance for batteries.
8. Give the waste batteries to the authorized vendor for recycling or
disposal.

Key NC Points:
1. Excessive dust generated during coal loading/unloading.
2. Coal piles left uncovered, leading to windblown dust.
3. Mine haulage roads not properly maintained
4. High levels of emissions from haulage trucks and equipment
due to lack of maintenance.
5. Failure to implement and follow a comprehensive air
pollution control plan
What should be
our action plan
1. Use dust suppression during coal handling.
2. Cover coal piles to reduce windblown dust.
3. Regularly maintain mine haulage roads.
4. Always ensure water sprinkling in mine haulage road
4. Maintain haulage trucks and equipment to reduce emissions
5. Implement and adhere to a comprehensive air pollution control plan.
6. Install appropriate Air pollution control devices for controlling the
emissions.

AIR & WATER QUALITY
Implement discharge &
emission controls
Regular monitoring and
accurate reporting
WASTE MANAGEMENT
Segregate and securely store
waste
Comply with disposal
regulations
HAZARDOUS MATERIAL
Maintain up to date SDS
Regular employee training and
emergency plan
ENERGY & RESOURCES
Adopt energy efficient
practices
Promote sustainability
initiatives
BIOMEDICAL WASTE
Safe, ventilated storage and
proper segregation
Direct transport for treatment
as prescribed
EMPLOYEE ENGAGEMENT
Provide ongoing training
Foster a culture of
environmental responsibility
RECORDKEEPING
Conduct regular audits for
continuous improvement
Accurate compliance record
INDUSTRY BEST PRACTICES

CASE STUDY: LESSONS TO BE LEARNED FROM COMPLIANCE FAILURES
Company: Union Carbide India Limited (UCIL)
Overview: The Bhopal Gas Tragedy of 3rd Dec 1984 is a grim reminder of the consequences of
neglecting environmental & safety practices.
Key Failures:
Lack of Safety Measures.
Poor Emergency Response
Neglect of Environmental Standards
Mishandling hazardous chemicals.
Gas Involved: Methyl Isocyanate (MIC)
Impact:
An estimated 40 tons of it leaked out and spread through Bhopal, exposing half a million residents.
Over 500,000 exposed, thousands of deaths, and long-term health issues and severe environmental
contamination. Subsequently, Public Liability Insurance Act was passed to make insurance mandatory
for specified industries wherein there is high risk of damage to surrounding areas.
Lessons Learned:
Importance of safety protocols and maintenance.
Need for robust emergency plans.
Adherence to environmental standards.

Environmental Laws Framework for Understanding

Environmental Laws Framework for Understanding

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