Module 5

ENVIRONMENTAL LEGISLATION
Environmental Legislation: Water Act 1974, Air Act 1981, Environmental Protection Act 1984, Solid Waste
Management Rules-2016, E- Waste management Rule - 2022, Biomedical Waste management- 2016.

Water Act 1974:

Formation and Implementation
 Enacted: March 23, 1974.
 Came into Force: March 29, 1974.
 Applicability: Initially applied to the states of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh,
Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura, West Bengal, and the
Union Territories. Gradually adopted by other states.
 Objective: To prevent, control, and abate water pollution in India and maintain or restore water quality
for various uses.

Objectives of the Act

1. Prevention of Water Pollution:
o Prohibits discharge of pollutants into water bodies beyond prescribed limits.
2. Control of Water Pollution:
o Establishes mechanisms to monitor and control pollution levels.
3. Maintain Water Quality:
o Ensures water is fit for consumption, agriculture, industrial use, and ecological balance.
4. Enforcement of Standards:
o Sets standards for effluent discharge and water quality.
5. Institutional Framework:
o Creates and empowers Central and State Pollution Control Boards (CPCB and SPCBs).

Role of Central Pollution Control Board (CPCB)

1. Advisory Role:
o Advises the Central Government on water pollution control measures.
o Coordinates with SPCBs for uniform implementation across states.
2. Monitoring and Research:
o Conducts nationwide water quality assessments.
o Promotes research and development for pollution control technologies.
3. Standard Setting:
o Prescribes water quality standards and effluent limits.
o Develops guidelines for industries and municipalities.
4. Training and Awareness:
o Provides technical assistance and training to SPCBs.
o Conducts awareness campaigns on water pollution control.

Role of State Pollution Control Boards (SPCBs)

1. Consent Management:
o Grants or denies consent to industries for discharge of effluents into water bodies.
2. Inspection and Monitoring:
o Conducts inspections to ensure compliance with the Act.
o Monitors the functioning of sewage and effluent treatment plants.
3. Legal Authority:
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 Initiates legal action against violators of pollution control norms.
o
4. Public Awareness:
o Engages with local communities and stakeholders to promote water conservation and pollution
control.
5. Data Collection:
o Compiles data on water quality and pollution sources for policy-making.

Other Key Provisions

1. Consent for Establishment (CFE) and Consent for Operation (CFO):
o Industries must obtain permissions before establishing and commencing operations.
2. Prohibition of Pollution:
o Prohibits dumping of hazardous substances into water bodies without treatment.
3. Penalties:
o Imprisonment up to 6 years and fines for violators. Repeat offenses lead to harsher penalties,
including facility shutdown.
4. Appeals:
o Provides a mechanism to appeal against decisions of SPCBs.
Salient Features.
 It defines Water Pollution related terms :
 The act defines water resources should be made pollution free and should be restored to its initial stage.
Ex: Rivers, Lakes, Seas, Ground water
 Maintenance and restoring the quality of all types of water bodies.
 Establishment of Boards- CPCB & SPCB
 It assigns powers and functions to the boards
 It prohibits disposals of polluting matter to aquatic bodies
 It provides punishment for the violation of act according to the section 43/45/45A.

Air Act 1981

Formation and Implementation
 Enacted: March 29, 1981.
 Came into Force: May 16, 1981.
 Objective: To prevent, control, and reduce air pollution and maintain air quality across India.
 Applicability: Enforced throughout India.

Objectives of the Act

1. Prevention of Air Pollution:
o Reduces harmful emissions from industries, vehicles, and other sources.
2. Control of Air Quality:
o Sets standards for air quality and permissible limits for pollutants.
3. Promotion of Clean Air:
o Encourages the use of eco-friendly technologies and fuels.
4. Institutional Framework:
o Strengthens the role of pollution control boards in air quality management.

Key features
1. Definitions:
o Air Pollutant: Any substance in the air (solid, liquid, or gaseous) that may harm humans, living
organisms, or the environment.
o Emission: Any gas or substance discharged into the atmosphere.
2. Prohibition of Emissions Without Consent:

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 Industries must obtain prior consent from State Pollution Control Boards (SPCBs) before
o
discharging pollutants into the atmosphere.
3. Establishment of Air Quality Standards:
o Central Pollution Control Board (CPCB) defines permissible limits for air pollutants.
o SPCBs enforce these standards at the state level.
4. Declaration of Air Pollution Control Areas:
o State Governments can declare specific areas as "Air Pollution Control Areas" where stricter
rules apply.
5. Penalties for Non-Compliance:
o Violations can lead to fines, imprisonment, or both. Repeat offenders face harsher penalties,
including shutdown orders.

Role of Central Pollution Control Board (CPCB)

1. Standard Setting:
o Prescribes national ambient air quality standards.
o Establishes emission standards for industries and vehicles.
2. Research and Development:
o Promotes research on air pollution and its control measures.
3. Coordination and Advice:
o Coordinates the activities of State Boards.
o Advises the Central Government on air pollution control strategies.
4. Coordinates the activities of the states related to air pollution.
5. Conducts researches
6. Collects and disseminates the information

Role of State Pollution Control Boards (SPCBs)

1. Monitoring and Inspection:
o Monitors air quality and emissions from industries and vehicles.
o Conducts regular inspections to ensure compliance.
2. Permitting:
o Grants or denies consent for establishing and operating industrial units based on pollution control
measures.
3. Implementation:
o Enforces air quality standards and takes action against violators.
4. Plans and executes state level programmes
5. Conducts researches
6. Organizes training
7. The state government can declare any area as air pollution control area

Significance of the Act

 Provides a legal framework for addressing air pollution in India.
 Protects human health, flora, fauna, and the environment from the adverse effects of air pollution.
 Encourages industries to adopt clean technologies and fuels.

Environmental Protection Act, 1986

Formation and Implementation
 Enacted: May 23, 1986.
 Came into Force: November 19, 1986.
 Objective: To provide a framework for the protection and improvement of the environment and
prevention of hazards to human beings, flora, fauna, and property.

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  Background: Passed in response to the Bhopal Gas Tragedy of 1984, which highlighted the need for
a comprehensive environmental law.

Objectives of the Act

1. Protection of the Environment:
o Safeguards against pollution affecting air, water, and soil.
2. Prevention of Hazards:
o Prevents risks to human health and natural ecosystems due to industrial operations and pollutants.
3. Coordination and Oversight:
o Establishes a centralized system to coordinate actions related to environmental protection.
4. Punitive Measures:
o Introduces penalties for non-compliance with environmental standards.

Key features
1. Definitions:
o Environment: Includes water, air, land, and the interrelationship among them with living
organisms.
o Environmental Pollutant: Any solid, liquid, or gaseous substance present in concentrations
harmful to the environment.
o Hazardous Substance: Substances that can cause significant harm to health or the environment.
2. Powers of the Central Government:
o Authority to plan and execute nationwide programs for environmental protection.
o Lays down standards for the discharge of pollutants.
o Coordinates activities of state and central pollution control boards.
o Issues directives for the closure, regulation, or prohibition of polluting industries.
3. Prohibition of Hazardous Emissions:
o Prohibits the handling and discharge of hazardous substances without prior approval.
4. Environmental Impact Assessment (EIA):
o Mandates the assessment of environmental impacts for proposed industrial projects.
5. Penalties for Non-Compliance:
o Imprisonment up to 5 years, fines, or both for violations of the Act.
o Continuing violations lead to additional fines for each day of non-compliance.

Salient Features of the Act

1. Umbrella Legislation:
o Provides a comprehensive framework integrating other environmental laws such as the Air Act,
Water Act, and Wildlife Protection Act.
2. Centralized Control:
o Empowers the Central Government to regulate and oversee environmental protection efforts
across the country.
3. Public Awareness and Participation:
o Encourages public awareness and involvement in environmental decision-making.

Significance of the Act

 Comprehensive Framework: Covers air, water, and land pollution, ensuring holistic environmental
protection.
 Post-Bhopal Strategy: Ensures stricter regulation of hazardous industries.
 Sustainable Development: Promotes practices balancing economic growth and environmental
conservation.

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Role of Pollution Control Boards (CPCB and SPCBs)
1. Monitoring:
o Monitors compliance with pollution control standards.
2. Inspection:
o Conducts inspections of industrial facilities to ensure compliance with environmental
regulations.
3. Advisory Role:
o Advises governments and industries on best practices for pollution control.

Solid Waste Management (SWM) Rules, 2016

Formation and Implementation
 Notified By: Ministry of Environment, Forest, and Climate Change (MoEFCC), Government of India.
 Date of Notification: April 8, 2016.
 Applicability: Nationwide, including urban and rural areas.

Objectives of the SWM Rules, 2016

1. Scientific Management of Waste:
o Ensure proper collection, segregation, transportation, processing, and disposal of solid waste.
2. Reduce Environmental Impact:
o Minimize the adverse effects of waste on the environment and public health.
3. Promote Resource Recovery:
o Encourage recycling, composting, and waste-to-energy practices.
4. Citizen Participation:
o Involve communities, waste generators, and local authorities in effective waste management.

Key Provisions of the SWM Rules, 2016

1. Waste Segregation at Source:
o Waste generators must segregate waste into three categories:
 Biodegradable: Organic waste like food scraps and garden waste.
 Dry Waste: Plastics, metals, paper, etc.
 Hazardous Waste: Batteries, chemicals, e-waste, etc.
2. Duties of Waste Generators:
o Store waste in segregated bins.
o Pay user fees to the waste collection authorities.
o Avoid littering in public spaces.
3. Role of Urban Local Bodies (ULBs):
o Implement door-to-door collection of waste.
o Ensure proper segregation, storage, transportation, processing, and disposal of solid waste.
o Set up waste processing facilities like composting plants, recycling units, and waste-to-energy
plants.
4. Responsibility of Manufacturers and Brand Owners:
o Introduce mechanisms for extended producer responsibility (EPR) to manage the lifecycle of
their products, including packaging waste.
5. Involvement of Informal Sector:
o Recognize and integrate waste pickers, rag pickers, and kabadiwalas into the formal waste
management system.
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 6. Waste Processing and Disposal:
o Promote decentralized composting and bio-methanation for biodegradable waste.
o Mandate sanitary landfills for inert waste and rejects.
7. Special Waste Categories:
o Includes guidelines for managing construction and demolition waste, hazardous waste, and
e-waste under separate rules.

Waste generator authorities

 Every waste generator shall segregate waste and store separately and handover to municipal workers
or authorized waste pickers.
 Segregation in 3 streams – bio degradable, non-biodegradable, domestic hazardous waste
 Collection and disposal of sanitary waste
 Spot fine for non-segregation of biodegradable and non-biodegradable wastes
 No throwing or burning of waste on streets, open public spaces.
 Waste processing : Treatments like incineration, autoclaving process
 Landfilling

Significance of the Rules

 Decentralized Waste Management:
o Encourages community-based waste management practices like composting and material
recovery.
 Focus on Sustainability:
o Reduces reliance on landfills and promotes circular economy principles.
 Health and Hygiene:
o Ensures cleaner surroundings and better public health.
E-Waste Management Rules, 2022
These rules aim to:
• Increase recycling and reduce environmental pollution.
• Enhance resource recovery through efficient recycling.
• Minimize health hazards from improper disposal of hazardous components

Formation and Implementation

 Notified By: Ministry of Environment, Forest, and Climate Change (MoEFCC), Government of India.
 Date of Notification: November 2, 2022.
 Came into Effect: April 1, 2023.
 Applicability: All manufacturers, producers, dealers, dismantlers, recyclers, and consumers involved in
handling electronic and electrical waste across India.

Objectives of the Rules

1. Streamline E-Waste Management:
o Ensure proper collection, storage, transportation, and disposal of electronic waste.
2. Promote Resource Recovery:
o Encourage recycling and resource recovery from e-waste while minimizing waste disposal in
landfills.
3. Reduce Environmental Impact:
o Mitigate adverse effects of e-waste on soil, water, and air quality.
4. Ensure Producer Accountability:
o Hold producers responsible for the entire lifecycle of their products under Extended Producer
Responsibility (EPR).

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Key features of the E-Waste Management Rules, 2022
1. Extended Producer Responsibility (EPR):
o EPR Certificates: Producers must meet their e-waste collection targets through authorized
recycling facilities and obtain EPR certificates.
o Collection Targets:
 60% of the e-waste generated during the first two years of implementation.
 Increases to 70% in the third year and 80% in subsequent years.
2. Reduction of Hazardous Substances (RoHS):
o Restricts the use of hazardous substances such as lead, mercury, and cadmium in the
manufacturing of electrical and electronic equipment.
3. Authorized Recyclers and Dismantlers:
o Mandatory registration for recyclers and dismantlers through an online portal.
o Recyclers must ensure at least 80% of the e-waste collected is processed.
4. Prohibited Activities:
o Disposal of e-waste in open landfills or by burning.
o Unauthorized dismantling, recycling, or storage of e-waste.
5. Role of State Pollution Control Boards (SPCBs):
o Monitor compliance and oversee e-waste management within their jurisdiction.
o Verify the operations of authorized recyclers and dismantlers.
6. Public Awareness and Consumer Responsibility:
o Producers and local bodies are responsible for educating the public on proper e-waste disposal
methods.
7. Digital Tracking System:
o Introduces a centralized online system for monitoring the movement of e-waste from generation
to disposal.

Significance of the Rules

1. Resource Efficiency:
o Promotes circular economy practices by recovering valuable materials like metals and plastics
from e-waste.
2. Environmental Protection:
o Reduces contamination of natural resources by ensuring safe handling and disposal of hazardous
components.
3. Compliance and Accountability:
o Ensures that all stakeholders are accountable for proper e-waste management.
4. Data-Driven Oversight:
o Enhances transparency and efficiency through digital tracking of e-waste flows.

Role of Central Government (MoEFCC)

1. Policy Formation: Develop and implement e-waste management policies and guidelines.
2. EPR Oversight: Monitor producers' compliance with Extended Producer Responsibility (EPR) through
the online portal.
3. Authorization: Approve registration of producers, dismantlers, and recyclers.
4. Public Awareness: Organize campaigns to educate stakeholders on e-waste management.

Role of State Governments

1. SPCB Monitoring: Ensure compliance with the rules within their jurisdiction through State Pollution
Control Boards (SPCBs).
2. Authorization and Inspection: Verify operations of dismantlers, recyclers, and producers.
3. Infrastructure Development: Facilitate collection centers and proper e-waste disposal facilities.
4. Enforcement: Take action against violations and unauthorized activities

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Biomedical Waste Management Rules, 2016
Formation and Implementation
 Notified By: Ministry of Environment, Forest, and Climate Change (MoEFCC), Government of India.
 Date of Notification: March 28, 2016.
 Applicability: All healthcare facilities generating biomedical waste, including hospitals, clinics,
veterinary institutions, blood banks, and research institutions.

Objectives
1. Ensure proper collection, segregation, transportation, and disposal of biomedical waste.
2. Reduce environmental and health risks associated with improper biomedical waste handling.
3. Promote safe waste management practices in healthcare facilities.

Key features
1. Waste Segregation and Classification:
o Biomedical waste is categorized into four color-coded bags:
 Yellow: Infectious waste (e.g., human tissues, soiled dressings).
 Red: Contaminated recyclable waste (e.g., tubing, syringes).
 Blue: Glassware (e.g., vials, broken thermometers).
 White (Translucent): Sharps (e.g., needles, scalpels).
2. On-Site Handling:
o Waste must be segregated at the point of generation and not mixed with general waste.
o Ensure proper labeling of bags and containers.
3. Treatment and Disposal:
o All biomedical waste must be treated and disposed of at authorized Common Biomedical Waste
Treatment and Disposal Facilities (CBWTFs).
o Incineration, autoclaving, and deep burial are common disposal methods.
4. Monitoring and Record-Keeping:
o Maintain detailed records of waste generated, treated, and disposed of.
o Submit an annual report to the respective State Pollution Control Board (SPCB).
5. Training and Awareness:
o Healthcare facilities must train staff in waste management and safety protocols.
Role of Central Government (MoEFCC):
1. Formulate rules and guidelines for biomedical waste management.
2. Approve technologies for waste treatment and disposal.
3. Monitor overall implementation of the rules.

Role of State Governments and SPCBs:

1. Enforce compliance with biomedical waste management rules.
2. Grant authorization to healthcare facilities and waste treatment facilities.
3. Conduct regular inspections of healthcare facilities and CBWTFs.
4. Address complaints and take action against violations.

Significance
1. Public Health Protection:
o Prevents the spread of infections and diseases caused by biomedical waste.
2. Environmental Safety:
o Reduces environmental contamination from hazardous medical waste.
3. Accountability:
o Encourages healthcare facilities to adopt responsible waste management practices.

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 QUESTION BANK

1. What are the main objectives of water act? Explain its salient features.
2. Explain the role of CPCB and SPCB in Water act.
3. What are the main objectives of Air act?
4. Mention the roles of Central and State Pollution board in Air Act.
5. Write a short note on Environment protection act.
6. What is the aim of e-waste management rule 2022? Explain its key features.
7. Explain the key features of biomedical waste management rule.
8. What are the objectives of e-waste management.
9. Write a short note on e-waste management rule 2022.
10. Write a short note on biomedical waste management rule.

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