UNIT- 06

GENERAL ONERVIEW OF MAJOR LEGISLATION

6.1 ENVIRONMENTAL EHICS

Excessive rise in population, rampant industrialization and rapid growth in industrial sectors has
led to a great deterioration of Indian environment. However, Environmental management is now
accepted as a major guiding factor for National Development in India. Over the last few decades
there has been a progressive & strengthening of official involvement in environmental
management with increased scientific technical, administrative and legislative back up at the
central and state levels.

ENVIRONMENTAL LAWS

Following is a list of major Environmental Acts and Rules applicable in India.

• The Water (Prevention & Control of Pollution) Act 1974 (as amended upto 1998).
• The Water (Prevention &control of Pollution) cess Act, 1977 (as amended by Amendment Act
1991).
• The Air (Prevention & Control of Pollution) Act 1981 as amended by Amendment Act 1986
• Environment (Protection) Act 1986.
• Hazardous Waste (Management & Handling) Rules 1989.
• The Public Liability Insurance Act 1991.
• Environment Protection Amendment Rule 1983.
• Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules 1984.
• The Factories Act 1984.
• The Forest Conservation Act 1980.
• The Notification on Environment Impact Assessment 1994.
Besides this there are a large number of RULES and AMENDEMENTS and a plethora of
STATE LAWS. Only Major acts are briefly discussed here.

6.1.1 THE ENVIRONMENT (PROTECTION) ACT (EPA)

An Act to provide for the protection and improvement of environment and for matters connected
there with:
Whereas the decisions were taken at the United Nations Conference on the Human Environment
held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the
protection and improvement of human environment
The Environment (Protection) Act, 1986 not only has important constitutionals implications but
also an international background.
This Act may be called the Environment (Protection) Act, 1986. It extends to the whole of India.

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Powers and Functions of the Boards
(i) Co-ordination of actions by the State Governments, officers and other authorities--
(a) Under this Act, or the rules made there under, or
(b) Under any other law for the time being in force which is relatable to the objects of this
Act;
(ii) Planning and execution of a nation-wide programme for the prevention, control and
abatement of environmental pollution;
(iii) Laying down standards for the quality 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 or 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;
(xiv) Such other matters as the Central Government deems necessary or expedient for the
purpose of securing the effective implementation of the provisions of this Act.

Appointment of officers and their Powers and Functions

Without prejudice to the provisions , the Central Government may appoint officers with such
designation as it thinks fit for the purposes of this Act and may entrust to them such of the
powers and functions under this Act as it may deem fit.

Power to give directions

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the
Central Government may, in the exercise of its powers and performance of its functions under
this Act, issue directions in writing to any person, officer or any authority and such person,
officer or authority shall be bound to comply with such directions.3
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions
under this section includes the power to direct--

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 (a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.

RULES TO REGULATE ENVIRONMENTAL POLLUTION

(1) The Central Government may, by notification in the Official Gazette, make rules in respect of
all or any of the matters referred
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
(a) the standards of quality of air, water or soil for various areas and purposes;
(b) the maximum allowable limits of concentration of various environmental pollutants
(including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;
(d) the prohibition and restrictions on the handling of hazardous substances in different
areas;
(e) the prohibition and restriction on the location of industries and the carrying on
process and operations in different areas;
(f) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for such accidents.

Prevention, Control and Abatement of Environmental Pollution

Persons carrying on industry operation, etc., not to allow emission or discharge of environmental
pollutants in excess of the standards
Persons handling hazardous substances to comply with procedural safeguards
Furnishing of information to authorities and agencies in certain cases.

Environmental Laboratories

(1) The Central Government15 may, by notification in the Official Gazette,--

(a) establish one or more environmental laboratories;
(b) recognize one or more laboratories or institutes as environmental laboratories to carry
out the functions entrusted to an environmental laboratory under this Act.
(2) The Central Government may, by notification in the Official Gazette, make rules specifying--
(a) the functions of the environmental laboratory;
(b) the procedure for the submission to the said laboratory of samples of air, water, soil
or other substance for analysis or tests, the form of the laboratory report thereon
and the fees payable for such report;
(c) such other matters as may be necessary or expedient to enable that laboratory to
carry out its functions.

Penalty for Contravention of the Provisions of the Act and the Rules, orders and directions

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules
made or orders or directions issued there under, shall, in respect of each such failure or
contravention, be punishable with imprisonment for a term which may extend to five years with
fine which may extend to one lakh rupees, or with both, and in case the failure or contravention
continues, with additional fine which may extend to five thousand rupees for every day during

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which such failure or contravention continues after the conviction for the first such failure or
contravention.

(2) If the failure or contravention continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term which may extend to
seven years

6.1.2 THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT

It is also a comprehensive legislation with more than fifty sections. It makes provisions, inter
alia, for Central and State Boards, power to declare pollution control areas, restrictions on certain
industrial units, authority of the Boards to limit emission of air pollutants, power of entry,
inspection, taking samples and analysis, penalties, offences by companies and Government and
cognizance of offences etc.

The Act specifically empowers State Government to designate air pollution areas and to
prescribe the type of fuel to be used in these designated areas. According to this Act, no person
can operate certain types of industries including the asbestos, cement, fertilizer and petroleum
industries without consent of the State Board. The Board can predicate its consent upon the
fulfillment of certain conditions. The Air Act apparently adopts an industry wide “best available
technology” requirement. As in the Water Act, courts may hear complaints under the Act only at
the instigation of, or with the sanction of, the State Board.
The Government passed this Act in 1981 to clean up our air by controlling pollution. It states that
sources of air pollution such as industry, vehicles, power plants, etc., are not permitted to release
particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic
compounds (VOCs) or other toxic substances beyond a prescribed level. To ensure this,
Pollution Control Boards (PCBs) have been set up by Government to measure pollution levels in
the atmosphere and at certain sources by testing the air. This is measured in parts per million or
in milligrams or micrograms per cubic meter. The particulate matter and gases that are released
by industry and by cars, buses and two wheelers is measured by using air-sampling equipment.
However, the most important aspect is for people themselves to appreciate the dangers of air
pollution and reduce their own potential as polluters by seeing that their own vehicles or the
industry they work in reduces levels of emissions. This Act is created to take appropriate steps
for the preservation of the natural resources of the Earth which among other things includes the
preservation of high quality air and ensures controlling the level of air pollution.
The main objectives of the Act are as follows:
(a) To provide for the prevention, control and abatement of air pollution.
(b) To provide for the establishment of central and State Boards with a view to implement the
Act.
(C) To confer on the Boards the powers to implement the provisions of the Act and assign to the
Boards functions relating to pollution
Air pollution is more acute in heavily industrialized and urbanized areas, which are also densely
populated. The presence of pollution beyond certain Limits due to various pollutants discharged
through industrial emission is monitored by the PCBs set up in every state.

Powers and Functions of the Boards

Central Pollution Board: The main function of the Central Board is to implement legislation
created to improve the quality of air and to prevent and control air pollution in the country. The

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Board advises the Central Government on matters concerning the improvement of air quality and
also coordinates activities, provides technical assistance and guidance to State Boards and lays
down standards for the quality of air. It collects and disseminates information in respect of
matters relating to air pollution and performs functions as prescribed in the Act.

State Pollution Control Boards: The State Boards have the power to advise the State
Government on any matter concerning the prevention and control of air pollution. They have the
right to inspect at all reasonable times any control equipment, industrial plant, or manufacturing
process and give orders to take the necessary steps to control pollution.

They are expected to inspect air pollution control areas at intervals or whenever necessary. They
are empowered to provide standards for emissions to be laid down for different industrial plants
with regard to quantity and composition of emission of air pollutants into the atmosphere. A
State Board may establish or recognize a laboratory to perform this function. The State
Governments have been given powers to declare air pollution control areas after consulting with
the State Board and also give instructions to ensure standards of emission from automobiles and
restriction on use of certain industrial plants.

Penalties: The persons managing industry are to be penalized if they produce emissions of air
pollutants in excess of the standards laid down by the State Board. The Board also makes
applications to the court for restraining persons causing air pollution. Whoever contravenes any
of the provision of the Act or any order or direction issued is punishable with imprisonment for a
term which may extend to three months or with a fine of Rs 10,000 or with both, and in case of
continuing offence with an additional fine which may extend to Rs 5,000 for every day during
which such contravention continues after conviction for the first contravention.

5.1.3 THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT

The government formulated this act in 1974 to prevent the pollution of water by industrial,
agricultural and household wastewater that can contaminate our water sources.

Wastewaters with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the
sea are serious health hazards. Controlling the point sources by monitoring the levels of different
pollutants is one way to prevent pollution, by punishing the polluter. Individuals can also do
several things to reduce water pollution such as using biodegradable chemicals for household
use, reducing the use of pesticides in gardens, and identifying polluting sources at work places
and in industrial units where oil are or other petroleum products and heavy metals are used.
Excessive organic matter, sediments and infecting organism from hospital wastes can also
pollute our water. Citizen needs to develop a watchdog force to inform authorities to appropriate
actions against different types of water pollution. However, preventing pollution is better than
trying to cure the problems it has created, or punishing offenders.

The main objectives of the Water Act are to provide for prevention, control and abatement of
water pollution and the maintenance or restoration n of the wholesomeness of water. It is
designed to assess pollution levels and punish polluters. The Central Government and State
Government have set up PCBs to monitor water pollution.

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The Water Act 1974 with certain amendments in 1978 is an extensive legislation with more than
sixty sections for the prevention and control of water pollution. Among other things, the 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.

WATER POLLUTION CESS ACT 1977

According to this Act, anyone consuming water has to pay certain amount of cess depending on
1. Whether the industry is using water for industrial cooling, spraying in mine pits or boilers
feed,
2. For domestic purposes,
3. in processing, whereby water gets polluted and pollutants are easily biodegradable, and
4. in processing whereby water gets polluted and the pollutants are not easily bio-degradable and
are toxic. Those industries that had installed a suitable treatment plant for the treatment of
industrial effluents can get a rebate of 70 per cent on the cess payable.

6.1.4 WILD LIFE PROTECTION ACT

The Act is adopted by all states in India except J&K, which has its own Act
The act is aimed to protect and preserve wild life. Wild life refers to all animals and plants that
are not domesticated. India has rich wild life heritage; it has 350 species of mammals, 1200
species of birds and about 20,000 known species of insects. Some of them are listed as
‘endangered species’ in the Wild life (Protection) Act. The Act envisages national parks and wild
life sanctuaries as protected areas to conserve wild life. Wild life populations are regularly
monitored and management strategies formulated to protect them.
The Act covers the rights and non-rights of forest dwellers too,- it provides restricted grazing in
sanctuaries but prohibits in national parks. It also prohibits the collection of non-timber forest
produce which might not harm the system. The rights of forest dwellers recognized by the Forest
policy of 1988 are taken away by the Amended Wild life Act of 1991.
The act, a landmark in the history of wildlife legislation in our country by which wildlife was
transferred from State list to concurrent list in 1976, thus giving power to the Central
Government to enact the legislation. In India, nearly 134 animal species have been regarded as
threatened. A National Wildlife action plan has been prepared whose objective is to establish a
network of scientifically managed areas such as national parks, sanctuaries and biosphere
reserves, to cover representative and viable samples of all significant bio-geographic
subdivisions within the country.

The major activities and provisions in the act can be summed up as follows:
1. It defines the wildlife related terminology.
2. It provides for the appointment of wildlife advisory board, wildlife warden, their powers,
duties etc

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3. Under the Act, comprehensive listing of endangered wildlife species was done for the first
time and prohibition of hunting of the endangered species was mentioned
4. Protection to some endangered plants like Beddome cycad, Blue Vanda, Ladies Sliper Orchid,
Pitcher plant etc. is also provided under the Act.
5. The act provides for setting up of National Parks, Wild life Sanctuaries etc.
6. The Act provides for the constitution of Central Zoo Authority.
7. There is provision for trade and commerce in some wildlife species with license for sale,
possession, transfer etc.
8. The Act imposes a ban on the trade or commerce in scheduled animals.
9. It provides for legal powers to officers and punishment of offenders.
10. It provides for captive breeding programme for endangered species. Several conservation
projects for individual endangered species like lion (1972), tiger (1973), crocodile (1974),
and brown antlered deer (1981) were started under this Act.

6.1.5 FOREST CONSERVATION ACT

The Indian Forest Act of 1927 consolidated all the previous laws regarding forests that were
passed before the 1920s. The Act gave the Government and Forest Department the power to
create Reserved Forests, and the right to use Reserved Forests for Government use alone.
It also created Protected Forests, in which the use of resources by local people was controlled.
Some forests were to be controlled by the village community, and these were called village
Forests. The Act remained in force till the 1980s when it was realized that protecting forests for
timber production alone was not acceptable. The other values of protecting the services that
forests provide and its valuable assets such as biodiversity began to overshadow the importance
of their revenue earnings from timber.
This led to the Forest Conservation Act of 1980 and its amendment 1988. India’s first Forest
Policy was enunciated in 1952. Between 1952 and 1988, the extent of deforestation was so great
that it became essential to formulate a new policy on forests and their utilization. The earlier
forest policies had focused only on revenue generation. In the 1980’s it became clear that forests
must be protected for their other functions such as the maintenance of soil and water regimes
centered around ecological concerns. It also provided for the use of goods and services of the
forest for its local inhabitants.
The new policy framework made conversion of forests into other uses much less possible.
Conservation of the forests as a natural heritage finds a place in the new policy, which includes
the preservation of its biological diversity and genetic resources. It also values meeting the needs
of local people for food, fuel wood, fodder and Non Timber Forest Produce or NTFPs. It gives
priority to maintaining environmental stability and ecological balances. It expressly states that
the network of Protected Areas should be strengthened and extended.

The Forest Conservation Act of 1980 was enacted to control deforestation, It ensured that
forestlands could not be de-reserved without prior approval of the Central Government, This was
created as some states had begun to dereserve the Reserved Forests for non-forest use. These
states had regularized encroachments and resettled ‘project Affected people’ from development
projects such as dams in these de-reserved areas. The need for a new legislation became urgent.
The Act made it possible to retain a greater control over the frightening level of deforestation in
the country and specified penalties for offenders.

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Penalties for offences in Reserved Forests:
• No person is allowed to make clearing or ser fire to a reserved forest. Cattle are not permitted
to trespass into the reserved forest, cutting, collecting of timber, bark or leaves, quarrying or
collecting any forest products is punishable with imprisonment for a term of six months or with a
fine which may extended to Rs 500 or both.
Penalties for offences in protected Forests:
• A person who commits any of the following offences like cutting of trees, stripping the bark or
leaves of trees, set fire to such forests or permits cattle to damage any tree, shall be punishable
with imprisonment for a term which may extended to six months or with a fine which any
extended to Rs 500 or both.
• Any forest officer even without an order from the magistrate or a warrant can arrest any person
against whom a reasonable suspicion exists.

6.1.6 ISSUES INVOLVED IN THE ENFORCEMENT OF ENVIRONMENTAL

LEGISLATION-PUBLIC AWARENESS

It is necessary to create awareness about the norms and projected environmental restrictions
under which organization may have environmental regulations and legislations rests with a
number of different agencies. Central government is responsible for enforcement of various
environmental legislation for less polluting small scale industries. There is an urgent need to use
a range of measures to complement regulations.

It should be a must for all potential polluters to apply permission to operate, discharge or emit
any pollutants. In addition there should be a greater monitoring. The technique of environmental
assessment is applied to ensure that the significance of potential environmental impacts of
proposed projects are critically examined during the planning process. Another way of increasing
awareness on environmental protection is the introduction of voluntary scheme under which
companies which would meet certain standard of environmental property of their products.

The various expectations in different types of pollution are as follows:

1. Water Pollution:

Under the water resource act of the country it should be criminal offence to cause or knowingly
permit the entry in to controlled water of any poisonous, noxious or polluting matter or any other
solid matter, trade or sewage effluent without the consent. Accidental spillage or discharge of
such materials should be treated as an offence.

2. Air Pollution:

The legal responsibility about air pollution may be found in terms of the environmental
protection act, covering two complementary systems of air pollution (1) the most potentially
polluting activities. The major sources of air pollution are (a) Emission from industrial sources
(b) Emission from motors vehicles, (c) Emission from other sources.

Thus, to prevent air pollution, rules and regulations are required to be framed.

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3. Wastes Disposal:

They may be regulatory bodies for waste disposal, waste collection. These should also be
directives relating to waste on the disposal of waste oil, the disposal of polychlorinated biphenyl,
and polychlorinated phenyls.

After the united Nation's Conference on Human Environment in 1972 the Environmental
legislation got a fresh impieties Indian first systematic approach in dealing with the
environmental issues started from water Act of 1974. This Act was amended in 1988 and a new
section 33 A was introduced which empowers state boards to issue directives to any person to
close any industry and to stop or regulate supply of water and electricity. Because of the
continuing environmental degradation and the Bhopal gas tragedy in 1974 the central
government enacted fresh legislation for adopting more strict environmental policies.

Environmental Protection Act 1986 is one of the most significant legislation to protect the
environment. Under Article 48A, the addition was made to the directive principles of state policy
as the state shall endeavors to protect and improve the environment and safeguard the forests and
wildlife of the country. Article 51A (g| imposes high responsibility on every citizen to protect the
environment and improve natural resources, including forests, lakes, rivers and wildlife.

Every citizen has a choice of few records to mitigate pollution. These are (1) a common law and
action (2) a writ petition for completing the agency to enforce the law and (3) a citizen suit.

An upcoming industry must submit No Objection Certificate in respect of pollution before it

starts the implementation process. In case of a large project, it should submit Environmental
Impact Assessment (EIA) and Environmental Management Plan (EMP) to the Govt. of India for
final clearance of the project.

Recently Supreme Court of India emphasized on the need to strengthen some institutional
machinery to enforce antipollution law across the state. Supreme Court has further suggested that
Government should set up special courts exclusively to deal with cases relating to violation of
environmental laws. Supreme Court has also suggested that chemical industries should be treated
separately. In 1996, Supreme Court has ordered Union Government and local authorities to keep
clean the historical places on a regular basis.

AWARENES:

It is evident that the growing number of poor people, in developing countries due to the rapid
population growth complex with economic constraints contributes to the degradation of
environment and the renewable to the degradation of environment and the renewable sources like
water, forests, and extinction of various species on which the man depends.

For these, greater awareness is needed. Due care is necessary to harness the natural resources, so
that the quality of the environment does not deteriorate. It is unfortunate to note that degradation
of environment continues inspire of environmental legislations and standardization. One of the
reasons for this is improper implementation of the various environmental laws and standards.
The most important reason may lack of awareness and understanding the implicate
environmental degradation.

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6.2 ENVIRONMENTAL IMPACT ASSESSMENT

Definition of Impact: An impact can be defined as any change in physical, chemical, biological,
cultural or socio-economic environmental system as a result of activities relating to a project or
adverse effects caused by industrial, infrastructural projects or by the release of a substance into
the environment.

Definition of Impact Assessment: Impact assessment is the process of identifying the future
consequences (bad results) of a proposed project. Impact Assessment ensures that projects,
programs and policies are economically viable, socially equitable and environmentally
sustainable.

Definition of Environmental Impact Assessment: The United Nations of Environmental

Programme (UNEP ) defined that EIA is a tool used to identify the environmental and economic
impacts of a project prior to decision making regarding the project planning, design, adverse
impacts, etc.. For all proposed and development projects, whether Government or Private, the
Ministry of Environment and Forests (MoEF) requires an Environmental impact assessment
report related to the following parameters:
The report must define what impact it would have on water; soil and air including flora and
fauna. Affect on the lives of local people.
To ensure that no way harm the environment on a short term or long term basis.

Why is EIA important?

By identifying potential alternatives and adverse impacts, Nations can better achieve goals for
sustainable development; avoid adverse environmental; social and cultural impacts; reduces cost,
provides better plan for infrastructure etc...

CLASSIFICATION OF IMPACTS:
Environment impacts arising from any development projects fall into three categories:
(i) Direct impacts
(ii) Indirect impacts and
(iii) Cumulative impacts.
According to their nature, these three groups reveal:
Positive and negative impacts
Reversible and irreversible impacts
Light, moderate and severe impacts
Local and widespread impacts
Short – term and long – term impacts
For eg to construct a major project:
Direct impacts are related to:
(a) Aesthetics in the area (understanding of beautiful things);
(b) Traffic at nearby junctions,
(c) Removal of natural vegetation;
(d) Interference with natural water ways;
(e) Additional housing or commercial shops to support employees.

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SIGNIFICANCE OF EFFECTS:
Significant effects are likely to occur where valuable resources are subject to impacts of severity.
EIA is recognized by adopting the five levels of significance as described in the draft to good
practice and procedures. These five levels of significances are::
Severe: Sites of national importance and unique resources ( to exist in only one place ) if lost,
cannot be replaced or relocated.
Major: These effects are to be important considerations at a regional or district scale during
the decision making process..
Moderate: These effects at a local scale are likely to be key decision making issues.
Minor: These effects may be raised as local issues but are unimportant in the decision making
process.
Neutral: No effect, not significant.

6.2.1 BASELINE DATA ACQUISITION

Baseline information is important reference point for conducting EIA. The term "baseline" refers
to the collection of background information on the biophysical, social and economic settings
proposed project area. An Environmental Baseline Study (EBS) is an investigation conducted to
establish the level of contaminants in the project areas and to assess the extent of contamination.
The information needed to conduct an EBS can be acquired from the available sources:

Baseline data are collected for two main purposes:

• To provide a description of the status and trends of environmental factors (e.g., air
pollutant concentrations) against which predicted changes can be compared and evaluated
in terms of importance, and
• To provide a means of detecting actual change by monitoring once a project has been
initiated
Land features include topography; climatology ( temperature, rainfall )
Geology & Hydrogeology (Lithology of rock formations, drainage pattern, ground water table)
Air environment (study of SPM, SOx; NOx )
Noise environment
Water Environment (PH; TDS; F; dissolved Oxygen; BOD etc..)
Soil quality Soil analysis reflect the presence of nutrients like N, P, K, Ca, Mg, Fe, Mn and Al
Flora and Fauna of the proposed area
Socio economic study include Population density; Literacy rate; Category of workers viz.,
cultivators, agriculture laborers, etc); Medical facilities; Main sources of availability of water
viz., rivers, canals, hand pumps, taps etc..

6.2.2 ENVIRONMENTAL IMPACT ASSESSMENT PROCESS

Following are the steps involved in a systematic EIA of a highway project:

1. Project definition: The importance and need of the project is defined here and its relation
with regional and national developmental activity is mentioned in this section.

2. Screening: Screening is done as per the statutory notification. Screening criteria are based
upon:
Ø Scales of investment;
Ø Type of development; and
Ø Location of development
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3. Scoping: Scoping is a process of detailing the terms of reference of EIA. It is done by the
consultant in consultation with the project proponent and guidance, if needed, from Impact
Assessment Agency. Quantifiable impacts will be assessed based on magnitude, prevalence,
frequency and duration and non-quantifiable impacts (such as aesthetic or recreational value).
Significance is commonly determined through the socioeconomic criteria. After that the areas,
where the project could have significant impact are identified and the baseline status of these will
be monitored and then the likely changes in these on account of the construction and operation of
the proposed project will be predicted.

4. Baseline information: Baseline data describes the existing environmental status of the
identified study area. The site-specific primary data is monitored for the identified parameters
and supplemented by secondary data if available.

5. Impact prediction: Impact prediction is a way of mapping the environmental consequences

of the significant aspects of the project and its alternative. Environmental impact can never be
predicted with absolute certainty and this is all the more reason to consider all possible factors
and take all possible precautions for reducing the degree of uncertainty.

6. Evaluation of impacts and alternative criteria: For the project possible alternatives are
identified and environmental attributes are compared. These alternatives cover both project
location and process technologies. Alternatives consider .no project. also. Alternatives are
then ranked for selection of the best environmental option for optimum economic benefits to the
community at large.

7. Management plan: This section of the EIA will describe about the mitigation measures to
reduce the harmful effects of the proposed project. Particularly, it will also contain the provision
for rehabilitation of the people affected and displaced by the project.

8. Public participation: Law requires that the public must be informed and consulted on a
proposed development after the completion of EIA report. Public participation can be assured by:
i. Consulting the public directly affected by the proposed project and the voluntary groups like
NGOs or pressure groups having a concern with a specific aspect of the environment.
ii. Conducting direct interviews with the sample from public or by sending questionnaire to the
people from public.
iii. Publishing the summary of EIA report for objections and suggestions from people.

9. Decision making: Decision making process involves the consultation between the project
proponent (assisted by a consultant) and the assessment authority (assisted by an expert group if
necessary). The final decision on acceptance, rejection or clearance is arrived at through a
number of steps including evaluation of EIA and environmental management plan.

10. Monitoring Plan: Monitoring should be done both during construction and operation phases
of a project. Monitoring will enable the regulatory agency to review the validity of predictions
and the conditions of implementation of the Environmental Management Plan.

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6.2.3 METHODS FOR IMPACT IDENTIFICATION

INTRODUCTION:

A logical and systematic approach needs to be taken to impact identification. The aim is to take
account of all of the important environmental/project impacts and interactions, making sure that
indirect and cumulative effects, which may be potentially significant, are not inadvertently
omitted.

PROCESS:

This process begins during screening and continues through scoping, which identifies the key
issues and classifies them into impact categories for further study. In the next phase, the likely
impacts are analyzed in greater detail in accordance with terms of reference specifically
established for this purpose. Over time, a number of EIA methodologies and tools have been
developed for use in impact identification.

METHODS:

The most common formal methods used for impact identification are:

• Checklists; • matrices; • networks;

• Overlays and geographic information systems (GIS);

A) Checklists
Checklists annotate the environmental features or factors that need to be addressed when
identifying the impacts of projects and activities. They can vary in complexity and purpose, from
a simple checklist to a structured methodology or system that also assigns significance by scaling
and weighting the impacts (such as the Battelle Environmental Evaluation System). Both simple
and descriptive checklists can be improved and adapted to suit local conditions as experience
with their use is gained.
Checklists provide a systematized means of identifying impacts. They also have been developed
for application to particular types of projects and categories of impacts (such as dams or road
building). Sectoral checklists often are useful when proponents specialize in one particular area
of development.

B) Matrices
A matrix is a grid-like table that is used to identify the interaction between project activities,
which are displayed along one axis, and environmental characteristics, which are displayed along
the other axis. Using the table, environment-activity interactions can be noted in the appropriate
cells or intersecting points in the grid. ‘Entries’ are made in the cells to highlight impact severity
or other features related to the nature of the impact, for instance:
• Ticks or symbols can identify impact type (such as direct, indirect, cumulative) pictorially;
• Numbers or a range of dot sizes can indicate scale; or
• Descriptive comments can be made.

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C) Networks
Networks illustrate the cause-effect relationship of project activities and environmental
characteristics. They are, therefore, particularly useful in identifying and depicting secondary
impacts (indirect, cumulative, etc).
Simplified networks, used in conjunction with other methods, help to ensure that important
second-order impacts are not omitted from the investigation.
More detailed networks are visually complicated, time-consuming and difficult to produce unless
a computer programme is used for the task.
However, they can be a useful aid for establishing ‘impact hypotheses’ and other structured
science-based approaches to EIA.

D) Overlays and geographic information systems

Overlays can be used to map impacts spatially and display them pictorially. The original overlay
technique, popularized by McHarg, is an environmental suitability analysis in which data on
topographic features, ecological values and resource constraints are mapped onto individual
transparencies and then aggregated into a composite representation of potential impacts. This
approach is useful for comparing site and planning alternatives, for routing linear developments
to avoid environmentally sensitive areas and for landscape and habitat zoning at the regional
level. Disadvantages: lack of precision in differentiating the likelihood and magnitude of impacts
and relating them to project actions. A modern version of the overlay method is the computer-
based geographical information system (GIS). In simple terms, a GIS stores, retrieves,
manipulates and displays environmental data in a spatial format. A set of maps or overlays of a
given area provide different types of information and scales of resolution. The use of GIS for
EIA purposes is not as widespread as commonly imagined. The main drawbacks are the lack of
appropriate data and the expense of creating a usable system. However, the potential application
of GIS to EIA is widely acknowledged and its use is expected to increase in the future,
particularly to address cumulative effects.

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6.2.4 ENVIRONMENTAL MANAGEMENT PLAN (EMP)

Preparation of environmental management plan is required for formulation, implementation and

monitoring of environmental protection measures during and after commissioning of projects.
The plans should indicate the details as to how various measures have been or are proposed to be
taken including cost components as may be required. Cost of measures for environmental
safeguards should be treated as an integral component of the project cost and environmental
aspects should be taken into account at various stages of the projects:

• Conceptualization: preliminary environmental assessment

• Planning: detailed studies of environmental impacts and design of safeguards
• Execution: implementation of environmental safety measures
• Operation: monitoring of effectiveness of built-in safeguards

The management plans should be necessarily based on considerations of resource conservation

and pollution abatement, some of which are:

• Liquid Effluents
• Air Pollution
• Solid Wastes
• Noise and Vibration
• Occupational Safety and Health
• Prevention, maintenance and operation of Environment Control Systems
• House-Keeping
• Human Settlements
• Transport Systems
• Recovery - reuse of waste products
• Vegetal Cover
• Disaster Planning
• Environment Management Cell

1. Liquid Effluents
o Effluents from the industrial plants should be treated well to the standards as
prescribed by the Central/State Water Pollution Control Boards.
o Soil permeability studies should be made prior to effluents being discharged into
holding tanks or impoundments and steps taken to prevent percolation and ground
water contamination.
o Special precautions should be taken regarding flight patterns of birds in the area.
Effluents containing toxic compounds, oil and grease have been known to cause
extensive death of migratory birds. Location of plants should be prohibited in
such type of sensitive areas.
o Deep well burial of toxic effluents should not be resorted to as it can result in re-
surfacing and ground water contamination. Re-surfacing has been known to cause
extensive damage to crop and livestock’s.
o In all cases, efforts should be made for re-use of water and its conservation.
2. Air Pollution
o The emission levels of pollutants from the different stacks, should conform to the
pollution control standards prescribed by Central or State Boards.

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 o Adequate control equipment should be installed for minimizing the emission of
pollutants from the various stacks.
o In-plant control measures should be taken to contain the fugitive emissions.
o Infrastructural facilities should be provided for monitoring the stack emissions
and measuring the ambient air quality including micro-meteorological
data(wherever required) in the area.
o Proper stack height as prescribed by the Central/State Pollution Control Boards
should be provided for better dispersion of pollutants over a wider area to
minimize the effect of pollution.
o Community buildings and townships should be built up-wind of plant with one-
half to one kilometer greenbelt in addition to physiographical barrier.
3. Solid Wastes
o The site for waste disposal should be checked to verify permeability so that no
contaminants percolate into the ground water or river/lake.
o Waste disposal areas should be planned down-wind of villages and townships.
o Reactive materials should be disposed of by immobilizing the reactive materials
with suitable additives.
o The pattern of filling disposal site should be planned to create better landscape
and be approved by appropriate agency and the appropriately pretreated solid
wastes should be disposed according to the approved plan.
o Intensive programs of tree plantation on disposal areas should be undertaken.
4. Noise and Vibration
Adequate measures should be taken for control of noise and vibrations in the industry.
5. Occupational Safety and Health
Proper precautionary measures for adopting occupational safety and health standards
should be taken.
6. Prevention, maintenance and operation of Environment Control Systems
o Adequate safety precautions should be taken during preventive maintenance and
shut down of the control systems.
o A system of inter-locking with the production equipment should be implemented
where highly toxic compounds are involved.
7. House - Keeping
Proper house-keeping and cleanliness should be maintained both inside and outside of the
industry.
8. Human Settlements
o Residential colonies should be located away from the solid and liquid waste
dumping areas. Meteorological and environmental conditions should be studied
properly before selecting the site for residential areas in order to avoid air
pollution problems.
o Persons, who are displaced or have lost agricultural lands as a result of locating
the industries in the area, should be properly rehabilitated.
9. Transport Systems
o Proper parking places should be provided for the trucks and other vehicles by the
industries to avoid any congestion or blocking of roads.
o Sitting of industries on the highways should be avoided as it may add to more
road accidents because of substantial increase in the movements of heavy vehicles
and unauthorized shops and settlements coming up around the industrial complex.

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 o Spillage of chemicals/substances on roads inside the plant may lead to accidents.
Proper road safety signs both inside and outside the plant should be displayed for
avoiding road accidents.
10. Recovery - reuse of waste products
Efforts should be made to recycle or recover the waste materials to the extent possible.
The treated liquid effluents can be conveniently and safely used for irrigation of lands,
plants and fields for growing non-edible crops.
11. Vegetal Cover
Industries should plant trees and ensure vegetal cover in their premises. This is
particularly advisable for those industries having more than 10 acres of land.
12. Disaster Planning
Proper disaster planning should be done to meet any emergency situation arising due to
fire, explosion, sudden leakage of gas etc. Firefighting equipment and other safety
appliances should be kept ready for use during disaster/emergency situation including
natural calamities like earthquake/flood.
13. Environment Management Cell
Each industry should identify within its setup a Department/Section/Cell with trained
personnel to take up the model responsibility of environmental management as required
for planning and implementation of the projects

6.2.5 ROLE OF NGOs IN THE PROTECTION OF ENVIRONMENT

The protection of environment is a pressing issue. Every person, organization and Institution has
an obligation and duty to protect it. Environmental protection encompasses Not only pollution
but also sustainable development and conservation of natural resources and the ecosystem.
Today, the necessity of environmental awareness and enforcement is more demanding and
urgent than ever before.

NGOs are simply agencies or groups, which are different from government bodies. However,
NGOs are distinctive in containing a voluntary component and also because they do not operate
for profit. Over the past quarter of a century and especially during the past few decades there has
been a rapid growth in the numbers of NGOs involved in the development, in the number of
people working for NGOs and in the amount of money that flows into these voluntary agencies
working in the activities such as –Disaster management and relief, development, public health,
rehabilitation, environment protection etc. However, this paper focuses on the role played by
NGOs particularly in the protection of environment

The emergence of NGOs represents an organized response by civil society especially in those
areas in which the state has either failed to reach or done so in adequately. The importance of
public awareness and NGOs involvement in environmental protection is acknowledged
worldwide. NGO’s have been taking a number of steps to promote discussion and debate about
environmental issues, outside the broad spheres of popular media and the educational system.

NGOs can make the following Contributions:

• Conducting education and citizen awareness programmes in the field of environment
• Fact – finding and analysis
• Filing public interest litigations
• Innovation and experimenting in areas which are difficult for government agencies to

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 make changes in
• Providing expertise and policy analysis
• Providing factual and reliable information with a network of professional expert staff
• Remaining independent while passing relevant information to the public and
governmental bodies
• Solidarity and support to environmental defenders
• Working in collaboration with the government for capacity building and promotion of
community participation in environmental awareness and protection and
• Working out at the grass root level and reaching far – flung areas with or without the
government invitation.

Achievements of environmental NGOs with special reference to

WWF (India), Teri and Clean- India

1. WWF (India) is engaged in a multitude of activities for protection and conservation of the
environment in the Indian context. Climate change and energy conservation are among the chief
areas of concern for the organization. The forest and biodiversity conservation division strives to
promote and enhance conservation of forest ecosystems in the country through a participatory
approach involving key stakeholders. Through its environment education programme, it aims at
strengthening individual and institutional capacity in nature conservation and environmental
protection through widespread education and awareness.
Intimately involved in the conservation of tigers in India since the late 1960s, WWF’s significant
efforts culminated in the launch of Project Tiger in 1973. It seeks to conserve and protect the
biodiversity of maritime life and resources by sensitizing the people at large.
The pollution of the river waters and the imminent threat to aquatic life is a cause of great
concern. WWF (India) has stepped in on a number of occasions to launch campaigns for securing
their habitat, like ‘Save the River Dolphin’ project. WWF believes that if you secure an animal’s
habitat, you secure its right to live

2. CLEAN-INDIA
Deeply concerned with the deteriorating environmental situation in the country, Development
Alternatives initiated the CLEAN-India (Community Led Environment Action Network)
programme with five schools in the national capital in 1996. Today, CLEAN Delhi has about
forty schools regularly involved in monitoring water and air quality in over 150 locations spread
across Delhi. Over 2000 children have been directly trained on environmental assessment and
improvement activities. They keep vigil, assess environmental quality, plead, cajole and lead the
community in monitoring environment. Action programmes like solid waste management,
plantation drives, energy conservation, paper recycling, etc. to improve local environmental
conditions have also been initiated by schools, resident welfare associations, business and
industrial associations as well as individual households.
Campaigns against the use of polybags, firecrackers during Diwali and toxic (chemicalbased)
colours during Holi and for saving the city’s ‘Green Treasure’ are also carried out.
The experience in Delhi indicates that when environment assessment is community based,
it mobilises the community to review the local environmental conditions and take requisite
measures, without waiting for undue external support.
Encouraged by the Delhi experience, NGOs from different towns have operationalised the
CLEAN-India programme. The present CLEAN-India Centers are:

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Delhi, Shillong, Faizabad, Ladakh, Bangalore, Berinag (Kumaon Hills), Jhansi, Sagar, Bilaspur,
Lalitpur, Madurai and Thiruvananthapuram. Almost 100 NGOs from across the country have
expressed their interest to initiate the programme in their respective towns.

3. TERI (INDIA)
Tata Energy Research Institute (TERI) was formally established in 1974 with the purpose of
tackling and dealing with the immense and acute problems that mankind is likely to be faced
with in the years ahead:
On account of the gradual depletion of the earth’s finite energy resources which are largely non-
renewable and on account of the existing methods of their use which are polluting TERI has
launched a major project, the first phase of which is completing near completion. This project
called growth with resource enhancement of Environment and nature (GREEN INDIA-2047)”
has vigorously estimated the reduction in India’s key natural resources during the period 1947-
97, and has completed economic values of consequent loses, which in some cases are alarmingly
high. On the basis of past experience and a careful analysis of the cost behind the degradation
that has taken place in the past strategies for the future have been developed, Where by a fresh
and creative approach can be taken in the next 50 years.
The global presence and reach attained by TERI are not only substantiated by its presence in
different parts of the world, but also in terms of wide geographical relevance of its activities.
Symbolic of this fact is the annual Delhi Sustainable Development Summit (DSDS), a major
event focusing on sustainable

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