Law

Need for environmental protection act for impro

INTRODUCTION:

EPA,1986 came into force soon after the force soon after the Bhopal Gas Tragedy. Bhopal Gas Tragedy 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 NationsConference 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; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY 1.SHORT TITLE, EXTEND AND COMMENCEMENT (1) This Act may be called the Environment (Protection) Act, 1986. (2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.1 2.DEFINITIONS In this Act, unless the context otherwise requires,-(a) "environment" includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; (b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) "environmental pollution" means the presence in the environment of any environmental pollutant; (d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment; (f) "occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance; (g) "prescribed" means prescribed by rules made under this Act. rovided 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;

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. POWER TO GIVE DIRECTIONS Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-(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.

environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment, toward the purpose of reducing the impacts of human activity, both on the natural environment and on humanity itself. The topic may be divided into two major subjects: (1) pollution control and remediation,(2) resource conservation and management. Laws dealing with pollution are often media-limited - i.e., pertain only to a single environmental medium, such as air, water (whether surface water, groundwater or oceans), soil, etc. - and control both emissions of pollutants into the medium, as well as liability for exceeding permitted emissions and responsibility for cleanup. Laws regarding resource conservation and management generally focus on a single resource e.g.,natural resources such as forests, mineral deposits or animal species, or more intangible resources such as especially scenic areas or sites of high archeological value - and provide guidelines for and limitations on the conservation, disturbance and use of those resources. These areas are not mutually exclusive - for example, laws governing water pollution in lakes and rivers may also conserve the recreational value of such water bodies. Furthermore, many laws that are not exclusively "environmental" nonetheless include significant environmental components and integrate environmental policy decisions. Municipal, state and national laws regarding development, land use and infrastructure are examples. Environmental law draws from and is influenced by principles of environmentalism, including ecology, conservation, stewardship, responsibility andsustainability. Pollution control laws generally are intended (often with varying degrees of emphasis) to protect and preserve both the natural environment and human health. Resource conservation and management laws generally balance (again, often with varying degrees of emphasis) the benefits of preservation and economic exploitation of resources. From an economic perspective environmental laws may be understood as concerned with the prevention of present and future externalities, and preservation of common resources from individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy. Given the broad scope of environmental law, no fully definitive list of environmental laws is possible. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric.

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THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 197711 No. 36 of 1977 [7th December, 1977] MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 7th December, 1977 The foltowing Act of Parliament received the assent of the President on the 7th December, 1977, and is hereby published for general information:-An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. Be it enacted by Parliament in the Twenty-eighth Year of the Republic of India as foltows :-1.SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT (1) This Act may be called the Water (Prevention and Control of Pollution) Cess Act, 1977. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) Subject to the provisions of sub-section (2), it applies to all the States to which the Water (Prevention and Control of Pollution) Act, 1974 applies and the Union territories. (4) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.DEFINITIONS In this Act, unless the context otherwise requires:--

(a) "local authority" means a municipal corporation or a municipal council (by whatever name called) or a cantonment board or any other body, entrusted with the duty of supplying the water under the law by or under which it is constituted; (b) "prescribed" means prescribed by rules made under the Act; (c) "specified industry" means any industry specified in Schedule I; (d) words and expressions used but not defined in this Act and defined in the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) shall have the meanings respectively assigned to them in that Act. 3.LEVY AND COLLECTION OF CESS (1) There shall be levied and collected a cess for the purpose of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and utilisation thereunder. (2) The cess under sub-section (1) shall be payable by-(a) every person carrying on any specified industry; and (b) every local authority, and shall be calculated on the basis of water consumed by such person or local authority, as the case may be, for any of the purposes specified in column (1) of Schedule II, at such rate, not exceeding the rate specified in the corresponding entry in column (2) thereof, as the Central Government may, by notification in the Official Gazette, from time to time, specify. 2[(2A) Where any person carrying on any specified industry or any local authority consuming water for domestic purpose liable to pay cess fails to comply with any of the provisions of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or an of the standards laid so down by the Central Government under the Environment (Protection) Act, 1986, cess shall be and payable at such rate, not exceeding the rate specified in column (3) of Schedule II, as the Central Government may, by notification in the Official Gazette, from time to time specify.] (3) Where any local authority supplies water to any person carrying on any specified industry or to any other local authority and such person or other local authority is liable to pay cess under sub-section (2) or sub-section (2A) in respect of the water so

supplied, then, notwithstanding anything contained in that sub-section, the local authority first mentioned shall not be liable to pay such cess in respect of such water. Explanation--For the purpose of this section and section 4, "consumption of water" includes supply of water. 4. AFFIXING OF METERS (1) For the purpose of measuring and recording the quantity of water consumed, every person carrying on any specified industry and every local authority shall affix meters of such standards and at such places as may be prescribed and it shall be presumed that the quantity indicated by the meter has been consumed by such person or local authority, as the case may be, until the contrary is proved. (2) Where any person or local authority fails to affix any meter as required by subsection (1), the Central Government shall after notice to such person or local authority, as the case may be, cause such meter to be affixed and the cost of such meter together with the cost for affixing the meter may be recovered from such person or local authority by the Central Government in the same manner as an arrear of land revenue. 5. FURNISHING OF RETURNS 3[(1)] Every person carrying on any specified industry and every local authority, liable to pay the cess under section 3, shall furnish such returns, in such form at such intervals and containing such particulars to such officer or authority, as may be prescribed. 4[(2) If a person carrying on any specified industry or a local authority, liable to pay the cess under section 3, fails to furnish any return under sub-section (1), the officer or the authority shall give a notice requiring such person or local authority to furnish such return before such date as may be specified in the notice.] 6. ASSESSMENT OF CESS (1) The officer of authority to whom or which the return has been furnished under section 5 shall, after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the concerned person carrying or any specified industry or local authority, as the case may be.

5[(1A) If the return has not been furnished to the officer or authority under subsection (2) of section 5, he or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount of cess payable by the concerned person carrying on any specified industry or local authority, as the case may be.] (2) An order of assessment made under sub-section (1) or sub-section (1A) shall specify the date within which the cess shall be paid to the State Government. (3) A copy each of the order of assessment made under sub-section (1) or sub-section (1A) shall be sent to the person or, as the case may be, to the local authority concerned and to the State Government. (4) The State government shall, through such of its officers or authorities as may be specified by it in this behalf by notification in the Official Gazette, collect the cess from the person or local authority liable to pay the same and pay the amount so collected to the Central Government in such manner and within such time as may be prescribed.

7. REBATE Where any person or local authority, liable to pay the cess under this Act, instals any plant for the treatment of sewage or trade effluent, such person or local authority shall from such date as may be prescribed, be entitled to a rebate of twenty five per cent of the cess payable by such person or, as the case may be, local authority. 6[Provided that a person or local authority shall not be entitled to a rebate, if he or it-(a) consumes water in excess of the maximum quantity as may be prescribed in this behalf for any specified industry or local authority; or (b) fails to eompty with any of the provisions of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or any of the standards laid down by the Central Government under the Environment (Protection) Act, 1986 (29 of 1986).] 8. CREDITING PROCEEDS OF CESS TO CONSOLIDATED FUNDS OF INDIA AND APPLICATION THEREOF The proeeeds of the cess levied under section 3 shall first be credited tO the Consolidated Fund of India and the Central Government may, if Parliament by

appropriation made by law in this behalf, so provides, pay to the Central Board and every State Board, from time to time, from out of such proceeds, after deducting the expenses on collection, such sums of money as it may think fit for being utilised under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) Provided that while determining the sum of money to be paid to any State Board under this section, the Central Government shall have regard to the amount of cess collected by the State Government concerned under sub-section (4) of section 6. Explanation-For the purpose of this section, "Slate Board" includes a Joint Board, if any, constituted under section 13 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 19743. 9. POWER OF ENTRY Any officer or authority of the State Government specially empowered in this behalf by that Government may,(a) with such assistance, if any, as he or it may think fit, enter at an) reasonable time any place which he or it considers it necessary to enter for carrying out the purposes of this Act including the testing of the correctness of the meters affixed under section 4; (b) do within such place anything necessary for the proper discharge of his or its duties under this Act; and (c) exercise such other powers as may be prescribed. 10. INTEREST PAYABLE FOR DELAY IN PAYMENT OF CESS If any person carrying on any specified industry or any local authority fails to pay any amount of cess payable under section 3 to the State government within the date specified in the order of assessment made under section 6, such person or local authority, as the case may be, shall be liable to pay 7[interest on the amount to be paid at the rate of two per cent for every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid]. 11. PENALTY OF AMOUNT DUE UNDER THE ACT If any amount of cess payable by any person carrying on any specified industry or any Local authority under section 3 is not paid to the State (government within the date specified in the order of assessment made under section 6, it shall be deemed to be in

arrears and the authority prescribed in this behalf may, after such inquiry as it deems fit, impose on such person Of, as the case may be, Local authority, a penalty not exceeding the amount of cess in arrears: Provided that before imposing any such penalty, such person or, as the case may be, the local authority shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section. 12. RECOVERY OF AMOUNT DUE UNDER THE ACT Any amount due under this Act (including any interest or penalty payable under section 10 or section 11, as the case may be) from any person carrying on any specified industry or from any local authority may be recovered by the Central Government in the same manner as an arrear of land revenue. 13. APPEALS (1) Any person or local authority aggrieved by an order of assessment made under section 6 or by an order imposing penalty made under section 11 may, within such time as may be prescribed, appeal to such authority in such form and in such manner as may be prescribed. (2) Every appeal preferred under sub-section (I) shall be accompanied by such fees as may be prescribed. (3) After the receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. (4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law. 14. PENALTY (1) Whoever, being under an obligation to furnish a return under this Act, furnishes any return knowing, or having reason to believe, the same to be false shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both. (2) Whoever, being liable to pay cess under this Act willfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment

which may extend to six months or with fine which may extend to one thousand rupees or with both. (3) No court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the Central Government. 15. OFFENCES BY COMPANIES (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also bc deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation-For the purpose of this section,(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to firm, means a partner in the firm. 16. POWER TO AMEND SCHEDULE-I (1) The Central Government may, by notification in the Official Gazette, add to Schedule I any industry having regard to the consumption of water in the carrying on of such industry and the consequent discharge thereof resulting in pollution of any stream and thereupon Schedule I shall, subject to the provisions of sub-section (2), be deemed to be amended accordingly.

(2) Every such notification shall be laid before each House of Parliament, if it is sitting, as soon as may be after the issue of the notification and is it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form pr be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. 17. POWER TO MAKE RULES (1) The Central Government-may make rules for carrying out the purposes of this Act. (2) 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 the meters to be affixed and the places at which such meters are to be affixed under sub-section (I) of section 4; (b) the returns to be furnished under section 5, the form in which and the intervals at which such returns are to be furnished, the particulars which such returns contain and the officer or authority to who or which such returns shall be furnished; (c) the manner in which and the time within which the cess collected shall be paid to the Central Government under sub-section (4) of section 6; (d) the date from which any person or local authority liable to pay cess shall be entitled to the rebate 8[and the maximum quantity of water in excess of consumption whereof any person or local authority shall not be entitled to the rebate] under section 7. (e) the powers which may be exercised by the officer or authority under section 9; (f) the authority which may impose penalty under section 11; (g) the authority to which an appeal may be filed under sub-section (I) of section 13 and the time within which and the form and manner in which such appeal may be filed;

(h) the fees which shall accompany an appeal under sub-section (2) of section 13; and (i) any other matter which has to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. SCHEDULE I [See sectwn 2(c)] 1. 2. 3. 4. 5. 6. 7. 8. 9.

Ferrous metallurgical industry. Non-ferrous metallurgical industry. Mining industry. Ore processing industry. Petroleum industry. Petro-chemical industry Chemical industry. Ceramic industry. Cement industry. 10. Textile industry. 9[including cotton synthetic and semi-synthetic fibres manufactured from these fibres]; 11.Paper industry. 12.Fertilizer industry. 13.Coal (including coke) industry. 14. Power (thermal, diesel) and 10[Hydel] generating industry 15. Processing of animal or vegetable products industry 11[including processing of milk, meat, hides and skins, all agricultural products and their wastes]. 16.

12[Engineering industry]

13

[SCHEDULE II] (See section 3)

-------------------------------------------------------------------------------------------------Purpose for which water Maximum rate under Maximum rate under

is consumed section (2A) of

sub-section (2) of

sub-

section 3 section 3 -------------------------------------------------------------------------------------------------1. Industrial cooling, spraying One and a half paise per Two and one-fourth in mine pits or boiler feeds per kilo litre paise per kilo litre. 2. Domestic purpose paise per kilo lilre

Two paise per kilo lilre

3. Processing whereby water Four paise per kilo litre a half paise gets polluted and the pollutants are litre. easily biodegradable and are toxic.

Three Seven and per kilo

Processing whereby water Five paise per kilo lilre Nine and a half paise gets polluted and the pollutants are per kilo litre. not easily biodegradable and are toxic. -------------------------------------------------------------------------------------------------1

Source: The Gazette of India, Extraodinary, Part II, Section 1, dated 7th December, 1977. 2 Inserted by Act No. 53 of 1991, s. 2. w.e.f. 26-1 1992 3 Renumbered by Act No. s.3 of 199l, s. 3. w.e.f. 26.1.1992 4 Inserted by ibid., s. 3.wef 26.l.l992 5 Inserted by Act No. 53 of 1991, s. 4. 6 Inserted by Act No. 53 of l991, s. 5. w.e.f. 26.1.1992 7 Substituted by Act No. 53 of 1991, s. 6 w.e.f. 26.1.1W2 8 Inserted by Act No. 53 of 1991, s. 7. w.e.f. 26.1.1992 9 Added by Gazette Notification No. G.S.R. 14{E) dated 02.01.1992 10 Substituted Vide Notification No. G.S.R 377(E) dated 16.04.1993 11 Added by Gazette Notification No. G.S.R. 14(E) dated 02.01.1992 12 Added Vide Notification No. G.S.R. 377(E) dated 16.04.1993 13 Substituted by Act No. 53 of 1991, s.8 w.e.f. 26.1.1992 NOTIFICATIOIN New Delhi, the 16th January, 1980

G.S.R. 190.-In exercise of the powers conferred by clause (1) of article 258 of the Constitution, the President, with the consent of the State Governments concerned hereby entrusts to the Governments of each of the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Kerala, Madhya Pradesh, Punjab, Rajasthan, Uttar Pradesh and West Bengal, the functions of the Central Government under subsection (2) of section 4, section 12 and sub-section (3) of section 14 of the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977) subject to the conditions that not withstanding this entrustment the Central Government may itself exercise any of the said functions should deem fit to do so in any case. [No. Q-17013/2/78-EPC] J.N. KALIA, Under Secy. MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi, the 26th January, 1992 S.0.78(E).-In exercise of the powers conferred by sub- section (2) of section 1 of the Water (Prevention and Control of Pollution) Cess (Amendment) Act, 1991 (53 of 1991), the Central Government hereby appoints the 26th day of January,1992 as the date on which the said Act shall come into force. [No. 1(14)/91-PL] MUKUL SANWAL, Jt. Secy. MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi, the 14 February, 2000 S.O. 123(E).- Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being of the people, it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise; Whereas a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the Government of India in the Ministry of

Environment and Forests vide number S.O. 528 (E) dated the 2e June, 1999 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public-, And whereas copies of the said Gazette were made available to the public on the I" day of July, 1999. And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government-, Now, therefore, in exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules for the regulation and control of noise producing and generating sources, namely: The Noise Pollution (Regulation and Control) Rules, 2000 1 Short-title and commencement. (1) These rules may be called the-Noise Pollution (Regulation and Control) Rules, 2000. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- In these rules, unless the context otherwise requires, (a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986); (b) "area/zone" means all areas which fall in either of the four categories given in the Schedule annexed to these rules; (c) "authority" means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;

(d) "person" in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises; (e) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution. 3. Ambient air guality standards in respect of noise for different areas/zones. (1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules. (2) The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas. (3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules. (4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise. (5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules. 4. Responsibility as to enforcement of noise pollution control measures. (1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule. (2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise. 5. Restrictions on the use of loud speakers/public address s1stem.

(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority. (2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls. 6. Consequences of any violation in silence zone/area. Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act: (i) whoever, plays any music or uses any sound amplifiers, (ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or (iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq crowds. 7. Complaints to be made to the authority. (1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority. (2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force. 8. Power to vrohibit etc. continuance of music sound or noise. (1) If the authority is satisfied from the report of an officer incharge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating: (a) the incidence or continuance in or upon any premises of (i) any vocal or instrumental music,

(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or re-producing sound, or (b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise. (2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order: Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.

SCHEDULE (see rule 3(l) and 4(l) Ambient Air Quality Standards in respect of Noise Area Code (A) (B) (C) (D)

Category of Area/Zone Industrial area Commercial area Residential area Silence Zone

Limits in dB(A) Leq * Day Time NightTime 75 65 55 50

70 55 45 40

Note 1. Day time shall mean from 6.00 a.m. to 10.00 p.m. 2. Night time shall mean from 10.00 p.m. to 6.00 a.m. 3. Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority. 4. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.

*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing. A "decibel" is a unit in which noise is measured. "A", in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear. Leq : It is an energy mean of the noise level, over a specified period. [F. No. Q-14012/l/96-CPA] VIJAI SHARMA, R. Secy.

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 No. 14 of 1981 [29th March, 1981] An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Hum an Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution; AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows :CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981. (2) It extends to the whole of India.

(3) It shall come into force on such datel as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. In this Act, unless the context otherwise requires,(a) "air pollutant" means any solid, liquid or gaseous substance 2[(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment; (b) "air pollution" means the presence in the atmosphere of any air (c) "approved appliances" means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the purpose of this Act; (d) "approved fuel" means any fuel approved by the State Board for the purposes of this Act; (e) "automobile" means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel; (f) "Board" means the Central Board or State Board; (g) "Central Board- means the 3[Central Board for the Prevention and Control of Water Pollution] constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974; (h) "chimney" includes any structure with an opening or outlet from or through which any air pollutant may be emitted, (i) "control equipment" means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant; (j) "emission" means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet; (k) "industrial plant" means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere; (l) "member" means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof, 4[(m) "occupier", in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in posse ssion of the substance;] (n) "prescribed" means prescribed by rules made under this Act by the Central Government or as the case may be, the State government;

(o) "State Board" mleans,(i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974, is in force and the State Government has constituted for that State a 5[State Board for the Prevention and Control of Water Pollution] under section 4 of that Act, the said State Board; and (ii) in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. CHAPTER II CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 6[3. Central Board for the Prevention and Control of Air Pollution. The Central Board for the Prevention and Control of Water Pollution constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under this Act, exercise the powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act. 7[4. State Boards for the Prevention and Control of Water Pollution to be, State Boards for the Prevention and Control of Air Pollution. In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Board for the Prevention and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the Prevention and Control of Air Pollution under this Act.] 5. Constitution of State Boards. (1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a 8[State Board for the Prevention and Control of Water Pollution] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:(a) a Chairman, being a person, having a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government:

Provided that the Chairman my be either whole-time or part-time as the State Government may think fit; (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government; (c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which in the opinion of that government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 9[(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Governments Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in, respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. 6. Central Board to exercise the powers and perform die functions of a State Board in the Union territories. No State Board shall be constituted for a Union territory and in relation to -a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board under this Act for that Union territory Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this section to such person or body of persons as the Central Government may specify. 7. Terms and conditions of service of members. (1) Save as otherwise provided by or under this Act, a member of a State Board constituted under this Act, other than the membersecretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette:

Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of subsection (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nominated. (3) A member of a State Board constituted under this Act, other than the member- secretary, may at any time resign his office by writing under his hand addressed,(a) in the case of the Chairman, to the State Government; and (b) in any other case, to the Chairman of the State Board, and the seat of be Chairman or such other member shall thereupon become vacant. (4) A member of a State Board constituted under this Act, other than the member-secretary, shall be deemed to have vacated his scat, if he is absent without reason, sufficient in the opinion of the State Board, from three consecutive meetings of the State Board or where he is nominated under clause (c) of subsection (2) of section 5, he ceases to be a member of the local authority and such vacation of scat shall, in either case, take effect from such as the State Government may, by notification in the Official Gazette, specify. (5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of die term for which the member whose place lie takes was nominated. (6) A member of a State Board constituted under this Act shall be eligible for re-nomination 10***** (7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed. 8. Disqualifications. (1) No person shall be a member of a State Board constituted under this (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a competent court, (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act,

(e) has directly or indirectly by himself on by any partner.. any share or interest in any Finn or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, c6ntrol equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (g) has so abused, in the opinion Of the State Government, his position as a member, as to render his continuance on the State Board detrimental to the interest of the general public. (2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in sub-section M. Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section ( 1) or sub-section (6) of section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for renomination as a member. 9. Vacation of seats by members. If a member of a State Board constituted under this Act becomes subject to any of the disqualifications specified in section 8, his seat shall become vacant. 10. Meetings-of Board. (1) For the purposes of this Act, a Board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: Provided that it, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. (2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to the State Government concerned. 11. Constitution -of committees.

(1) A Board may constitute as many committees consisting wholly of members or partly of members and partly of other persons and for such purpose or purposes as it may think fit. (2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. (3) The members of a committee other than the members of the Board shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board as may be prescribed. 12. Temporary association of persons with Board for particular purposes. (1) A Board may associate with itself in such manner, and for such purposes, as may be prescribed, any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall riot have a tight to vote at a meetings of the Board and shall not be a member of the Board for any other purpose. (3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and allowances as may be prescribed. 13. Vacancy in Board not to invalidate acts or proceedings. No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of, the Board or such committee, as the case may be. 14. Member-secretary and officers and other employees of State Boards. (1) The terms and conditions of service of the member-secretary of a State Board constituted under this Act shall be such as may be prescribed. 11[(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the State Board or its Chairman.] (3) subject to such rules as may be made by the State Government in this behalf, a State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (4) The method of appointment, the conditions of service and the scale of pay of the officers (other than the member-secretary) and other employees of a State Board appointed under sub-section (3) shall be such as may be determined by regulations made by the State Board under this Act.

(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from time to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances or fees, as it thinks fit. 15. Delegation of powers A State Board may, by general or special order, delegate to t1he Chairman or the member-secretary or any other officer of the Board subject to such conditions and limitations, if any. as may be specified in the order, such of its powers and functions under this Act as It may deem necessary.

Case study Water Pollution - Case study Pesticide pollution in India One of the most terrifying effects of pesticide contamination of groundwater came to light when pesticide residues were found in bottled water. Between July and December 2002, the Pollution Monitoring Laboratory of the New Delhibased Center for Science and Environment (CSE) analyzed 17 brands of bottled water, both packaged drinking water and packaged natural mineral water, commonly sold in areas that fall within the national capital region of Delhi. Pesticide residues of organochlorine and organophosphorus pesticides, which are most commonly used in India, were found in all the samples. Among the organochlorines, gamma-hexachlorocyclohexane (lindane) and DDT were prevalent, while among organophosphorus pesticides, Malathion and Chlorpyrifos were the most common. All these were present above the permissible limits specified by the European Economic Community (EEC), which is the norm, used all over Europe. One may wonder as to how these pesticide residues get into bottled water that is manufactured by several big companies. This can be traced to several facts. There is no regulation that the bottled water industry must be located in 'clean' zones. Currently, the manufacturing plants of most brands are situated in the dirtiest industrial estates or in the midst of agricultural fields. Most companies use bore-wells to pump out water from the ground from depths varying from 24-152 m below the ground. The raw water samples collected from the plants also revealed the presence of pesticide residues. This clearly indicated that the sources of pesticide residues in the polluted groundwater are used to manufacture the bottled water. This is despite the fact that all bottled water plants use a range of purification methods. Thus, the fault obviously lies in the treatment methods used. These plants use membrane technology, where the water is filtered using membranes with ultra-small pores to remove fine suspended solids and all bacteria and protozoa and even viruses. While nanofiltration can remove insecticides and herbicides, it is expensive and thus rarely used. Most industries also use an activated charcoal adsorption process, which is effective in removing organic pesticides but not heavy metals. To remove pesticides, the plants use reverse osmosis and granular activated charcoal methods. So even though the manufacturers claim to use these processes, the presence of pesticide residues points to the fact that either the manufacturers do not use the treatment process effectively or only treat a part of the raw water. The low concentrations of pesticide residues in bottled water do not cause acute or immediate effects. However, repeated exposure even to extremely miniscule amounts can result in chronic effects like cancer, liver and kidney damage, disorders of the nervous system, damage to the immune system and birth defects. Similarly, six months after CSE reported pesticide residues in bottled water it also found these pesticides in popular cold drink brands sold across the country. This is because the main ingredient in a cold drink or a carbonated nonalcoholic beverage is water and there are no standards specified for water to be used in these beverages in India.

There were no standards for bottled water in India till September 29, 2000, when the Union Ministry of Health and Family Welfare issued a notification (no. 759(E)) amending the Prevention of Food Adulteration Rules, 1954. The BIS (Bureau of Indian Standards) certification mark became mandatory for bottled water from March 29, 2001. However, the parameters for pesticide residues remained ambiguous. Following the report published by CSE in Down to Earth (Vol 11, no. 18), a series of Committees were established and eventually on 18th July 2003, amendments were made in the Prevention of Food Adulteration Rules stating that pesticide residues considered individually should not exceed 0.0001 mg/l and that the total pesticide residues should not be more than 0.0005 mg/l and that the analysis shall be conducted by using internationally established test methods meeting the residue limits specified herein. This notification came into force from January 1, 2004. River pollution in India Almost all the rivers in India are polluted. The causes of pollution may also be more or less similar. This is a case study of the River Damodar as reported in Down to Earth. The 563-km long Damodar River originates near Chandwa village in the Chhotanagpur hills in Bihar's Palamau district. It flows through one of the richest mineral belts in the world before draining into the Hooghly, about 50 km south of Kolkota. Indian industry depends heavily on this region as 60% of the coal consumed in our country comes from the Chhotanagpur belt. Coal-based industries of all types dot the area because of locational advantages and the easy availability of water and power. In addition, various industries such as steel, cement, fertilizer and explosive plants are also located here. The River Damodar is polluted with minerals, mine rejects and toxic effluents. Both its water and its sand are infested by coal dust and waste from these industries. There are seven thermal power plants in the Damodar valley. The states of Bihar and West Bengal depend almost entirely on this area for their power requirements. These power plants not only consume a lot of water but also dump ash in the valley. Mining As underground mines cannot keep pace with the rising demand, 60% of the coal extracted from the area comes from open-cast mines, which are responsible for serious land degradation. The disposal of rock and soil extracted along with the coal only adds to the problem. Industries The industries in the area do not have proper effluent treatment plants. Among the big coal-based industries, the washeries account for the bulk of the pollution in terms of the total suspended solids (TSS), oil and grease. About 20% of the coal handled goes out in the form of slurry, which is deposited in the ponds outside. After the slurry settles, coalfine (the sediment) is collected manually. Due to inadequate retrieval methods very often the water discharges into the river from the pond carries high amounts of fine coal particles and oil, thus polluting the river. The other major coal-based polluters are the coke oven plants that heat co?1 to temperatures as high as 1100°C in the absence of oxygen to prepare it for use in blast furnaces and foundries. The volatile components in the coal are removed, leaving hot, non-volatile coke in the oven, which is washed with huge quantities of water. This water that contains oil and suspended particles is then discharged into the river. Fly-ash from the thermal power plants Only one of the thermal power plants has an electrostatic precipitator to collect the fly-ash, while the other just make do with mechanical dust collectors. As most of these plants are located on the banks of the river, the fly-ash eventually finds its way into the river. The bottom-ash from the boilers is mixed with water to form a slurry, which is then drained into ash ponds. Most of the ponds are full and in several cases the drainage pipes are choked. The slurry is, therefore, directly discharged into the river. Effects The river and its tributaries are the largest source of drinking water for the huge population that lives in the valley. On April 2, 1990, about 200,000 litres of furnace oil spilled into the river from the Bokaro Steel Plant. This oil traveled 150 km downstream to Durgapur. For a week after the incident, five million people drank contaminated water in which the oil levels were 40 to 80 times higher than the permissible value of 0.03 mg/l. The Damodar Action Plan, an end-of-the pipe pollution treatment scheme, seeks to tackle effluents. One viable option could be to switch to less polluting industries and cleaner technology. This would need strong Government initiative and also a mass movement by people.

Case study for air pollution on Bhopal gas tragedy The Bhopal disaster (also referred to as the Bhopal gas tragedy) is the world's worst industrial catastrophe. It occurred on the night of December 2–3, 1984 at the Union Carbide India Limited (UCIL) pesticide plant

in Bhopal, Madhya Pradesh, India. UCIL was the Indian subsidiary of Union Carbide Corporation (UCC). Indian Government controlled banks and the Indian public held a 49.1 percent ownership share. In 1994, the Supreme Court of India allowed UCC to sell its 50.9 percent share. The Bhopal plant was sold to McLeod Russel (India) Ltd. UCC is now a subsidiary of Dow Chemical Company. A leak of methyl isocyanate (MIC) gas and other chemicals from the plant resulted in the exposure of several thousands of people. Estimates vary on the death toll. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release.[1] Other government agencies estimate 15,000 deaths.[2] Others estimate that 8,000 died within the first weeks and that another 8,000 have since died from gas-related diseases.[3][4] A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial and approximately 3,900 severely and permanently disabling injuries.[5] Chemicals abandoned at the plant continue to leak and pollute the groundwater.[6][7][8] Whether the chemicals pose a health hazard is disputed.[2] Civil and criminal cases are pending in the United States District Court, Manhattan and the District Court of Bhopal, India, involving UCC, UCIL employees, and Warren Anderson, UCC CEO at the time of the disaster.[9][10] In June 2010, seven ex-employees, including the former UCIL chairman, were convicted in Bhopal of causing death by negligence and sentenced to two years imprisonment and a fine of about $2,000 each, the maximum punishment allowed by law. An eighth former employee was also convicted but died before judgment was passed.[11]

Summary of background and causes The UCIL factory was built in 1969 to produce the pesticide Sevin (UCC's brand name for carbaryl) using methyl isocyanate (MIC) as an intermediate. A MIC production plant was added in 1979.[12][13][14] During the night of December 2–3, 1984, water entered a tank containing 42 tons of MIC. The resulting exothermic reaction increased the temperature inside the tank to over 200 °C (392 °F) and raised the pressure. The tank vented releasing toxic gases into the atmosphere. The gases were blown by northwesterly winds over Bhopal. Theories of how the water entered the tank differ. At the time, workers were cleaning out a clogged pipe with water about 400 feet from the tank. The operators assumed that owing to bad maintenance and leaking valves, it was possible for the water to leak into the tank.[15] However, this water entry route could not be reproduced.[16] UCC also maintains that this route was not possible, but instead alleges water was introduced directly into the tank as an act of sabotage by a disgruntled worker via a connection to a missing pressure gauge on the top of the tank. Early the next morning, a UCIL manager asked the instrument engineer to replace the gauge. UCIL's investigation team found no evidence of the necessary connection; however, the investigation was totally controlled by the government denying UCC investigators access to the tank or interviews with the operators.[17][18] The 1985 reports give a picture of what led to the disaster and how it developed, although they differ in details.[18][19][20] Factors leading to the magnitude of the gas leak include:



Storing MIC in large tanks and filling beyond recommended levels



Poor maintenance after the plant ceased MIC production at the end of 1984



Failure of several safety systems (due to poor maintenance)



Safety systems being switched off to save money—including the MIC tank refrigeration system which could

have mitigated the disaster severity The problem was made worse by the mushrooming of slums in the vicinity of the plant, non-existent catastrophe plans, and shortcomings in health care and socio-economic rehabilitation.[3][4][21]

Contributing factors Other factors identified by the inquiry included: use of a more dangerous pesticide manufacturing method, large-scale MIC storage, plant location close to a densely populated area, undersized safety devices, and the dependence on manual operations.[4] Plant management deficiencies were also identified - lack of skilled operators, reduction of safety management, insufficient maintenance, and inadequate emergency action plans.[4][23] The chemical process, or "route", used in the Bhopal plant reacted methylamine with phosgene to form MIC (methyl isocyanate), which was then reacted with 1-naphthol to form the final product, carbaryl. This route differed from MICfree routes used elsewhere, in which the same raw materials are combined in a different manufacturing order, with phosgene first reacted with the naphthol to form a chloroformate ester, which is then reacted with methyl amine. In the early 1980s, the demand for pesticides had fallen, but production continued, leading to buildup of stores of unused MIC.[4][22] See also: Carbaryl#Production

The leakage In November 1984, most of the safety systems were not functioning. Many valves and lines were in poor condition. Tank 610 contained 42 tons of MIC, much more than safety rules allowed.[4] During the nights of 2–3 December, a large amount of water entered tank 610. A runaway reaction started, which was accelerated by contaminants, high temperatures and other factors. The reaction generated a major increase in the temperature inside the tank to over 200 °C (400 °F). This forced the emergency venting of pressure from the MIC holding tank, releasing a large volume of toxic gases. The reaction was sped up by the presence of iron from corroding non-stainless steel pipelines.[4] It is known that workers cleaned pipelines with water. They were not told by the supervisor to add a slip-blind water isolation plate. Because of this, and the bad maintenance, the workers consider it possible for water to have accidentally entered the MIC tank.[4][15] UCC maintains that a "disgruntled worker" deliberately connected a hose to a pressure gauge.[4][17]

Case study on noise pollution

Growing Urban centres necessitate the sprawling of transportation network, increasing distance between places of residence and work which needs to be covered in minimum time. The increased socio-economic status of urban population coupled with inadequacy of public transport has encouraged personalized means of transport. This craze for owning vehicles in urban centres, has led to considerable noise and air pollution, especially in big cities. (Table 1) Table 1. Noise levels in major Indian cities

• •

City

Day

Night

Delhi

83 dB

77dB

Calcutta

82dB

75dB

Bombay

80dB

71dB

Madras

77dB

73dB

Acceptable noise level is 50dB as prescribed by Ministry of Environment and Forests (1989) dB stands for Decibel

Jaipur, which is one of the twenty three metropolitan cities in India, with a population growth rate of 49% per decade, is also encountering similar problems. The city besides being the capital of Rajasthan state is also a major tourist centreof the country. The city has developed in a rather imbalanced form. While most of the economic activities are located in the walled city area, the residential colonies are growing in western and southern parts, which are far off from the walled city (the main centreof activities). This imbalance in the location of jobs and residences over space coupled with inadequacy of public transport system generates huge volumes of intermediate and personalized traffic especially on arterial roads, with growth rates of traffic volumes ranging between 6-12% per annum. The objective of this paper is to model the effects of urban traffic on environment in terms of population affected by air and noise pollution, using predictive and dispersion models, in a GIS environment with inputs from remote sensing. The major arterial roads in Jaipur have been considered in this study. Study Area Jaipur is the second largest city in Rajasthan. It is located between 26°48’15" to 27°00’15"N latitude and 75°41’15" to 75°53’45"E longitude, covering an area of 350 km² with 70 municipal wards. The population of the city was 1,518,235 in 1991 as per census and 2,536,669 according to a study carried out by UNICEF in 1997. The city falls within semi arid climatic zone with an annual rainfall of 60 cm. The urban area and its hinterland are mainly covered with thick mantle of soil, wind blown sand and alluvium. The eastern and northen parts are formed of Aravali hill ranges. Considering the development status, the physical development can be categorized into two parts (i) Walled city area (ii) Outside walled city area. The walled city area is conventionally developed area having densely populated residential and commercial landuses with no scope for physical expansion. This has pressurized development in

the southern and western side (as physical constraints are imposed by Aravali ranges in the north and east side of city). To serve these areas the road network has been extended. The main arterial roads considered in this study are: • • • •

J.L.N Marg, , New Sangner Road, Tonk Road, and in the south. Nirman Marg, M.I Road, Hawa Sarak and Amer Road in the north. Ajmer Road, Khatipura Road and Jhotwara Road in the west. Agra road and Jhalana Dungri Road in the east. Table 2. Example of Air pollution dataset Road Name

SPM*

SOX

NOX

COX

Ammonia

M.I.Road

471

7

19

20

35

Jhotwara Road

296

11

12

17

26

J.L.N Road

311

6

13

15

24

All units are in mg/m3 • • •

*Suspended Particulate Matter For SPM the frequency is 24 Hourly, 10days/month, annual mean For SOX , NOX , COX , Ammonia the frequency is 4 Hourly, 10 days/month, annual mean Table 3 : Buffer Zones of Air Pollution BUFFER ZONE

POLLUTANTS

0-425 METRE

SOX , NOX , COX , Ammonia and Suspended particulate matter

425-1500 METRE SUSPENDED PARTICULATE MATTER ONLY

Data Used and Methodology The Survey of India topographical sheets (45N/13 and 45N/9 ) surveyed in 1971 on 1:50,000 scale and guide map of Jaipur city on 1:25,000 scale surveyed in 1971 were used for preparing the base maps. IRS-1C geocoded LISS-III FCC of 14 April 1998 on 1:50,000 scale and IRS-1C geocoded PAN data of 12 March 1998 on 1:25,000 scale were visually interpreted for making the existing landuse and arterial road network map (Figure 1 & 2) Field verification survey was carried out to check the interpretation accuracy and to collect secondary data on traffic, pollution and population density (Figure 3). The maps were digitized and incorporated within GIS domain (ArcInfo and ILWIS ), for creating thematic layers like landuse, road network, ward-wise population density and calculating length of roads and areas of various landuses.’

Air Pollution Dispersion model The main pollutants from automobile exhaust are oxides of nitrogen, sulphur, carbon ( NOX, SOX, COX resp.), ammonia and suspended particulate matter. At the roadside the concentration is highest while it decreases away from the road. For each pollutant a buffer zone was calculated within which concentration of pollutant exceeds air standard limits. Table 4. Example of Noise Pollution Dataset Road Name

Volume of traffic 12 hours (8A.M – 8P.M)

Average vehicle speed (Km/h)

M.I.Road

64281

24

Jhotwara Road

43278

30

J.L.N Road

34537

45

Table 5 : Buffer Zones of Air Pollution BUFFER ZONE

NOISE LEVEL

30 METRE ON EITHER SIDE OF ROAD

MINIMUM NOISE LEVEL UPTO 60dB

30-250 METRE ON EITHER SIDE OF ROAD

NOISE LEVEL FROM 50-60dB

Buffer zones were calculated based on Passquill and Smith (1983) dispersion model and using data sets (an example of dataset used is shown in Table 2) C (x,z) = [(2Q/L)/ ((2π )½ uσ z)] exp (-z2/2σ 2z) ............. (Eq.1) Q/L = Emission per unit length of road (mg/second metre) σ z = Gaussian coefficient for vertical dispersion (metre) u = Mean wind speed (metre / second) C = concentration of pollutant (µ g/metre3) The two buffer zones calculated were: • •

425 metres on either sides of arterial roads 1500 metres on either sides of arterial roads

After the 425 metre buffer zone the concentration of SOX, NOX, COX, Ammonia was within acceptable limits. Therefore in 0-425 metre zone population is affected by SOX, NOX, COX, Ammonia and Suspended particulate matter. While in the 425-1500 metre zone, the population was affected by Suspended particulate matter, so the buffer zones used in the analysis were (Table 3). Noise Level Prediction Level

Noise can be defined as unwanted sound in the wrong place at the wrong time. The highway noise prediction model used in this study (Lyons, 1973) is based on the principal: Noise is produced by traffic and is then attenuated by distance before it reaches the listener. The noise level can be well predicted using Lyons empirical model: L = 10logV - 15logD + 30 logS + 10log[tanh (1.19*10-3 )* VD/S] + 29 ……..(Eq.2) Where, V= Volume of Traffic per hour (vehicles/hour) S= Average vehicle speed (miles/hour) D = Distance from centreline of road to sound receptor (feet) L= Predicted noise level (dB) Keeping in view the acceptable noise level of 50 dB (as prescribed by the Ministry of Environment and Forests 1989) two buffer zones were calculated (Table 5) using Eq.2 and data sets (an example of dataset used is shown in Table 3). Table 6 : Population affected by air pollution in Jaipur city (Figure 4) POPULATION AFFECTEDIN 0- POPULATION AFFECTEDIN TOTAL POPULATIONAFFECTED 425 METREBUFFER ZONE 425-500 METREBUFFER ZONE BY AIRPOLLUTION 13,37,637 (52.7 % of total population)

10,55,322 (41.6% of total population)

23,92,959 (94.3% of total population)

Table 7 : Population affected by noise pollution in Jaipur city (Figure 5) POPULATION AFFECTEDIN 0- POPULATION AFFECTEDIN 30- TOTAL POPULATIONAFFECTED BY 30 METREBUFFER ZONE 250 METREBUFFER ZONE NOISEPOLLUTION 57,587 (2.3 % of total population)

8,26,374 (32.6% of total population)

8,83,961 (34.8% of total population)

These buffers zones layers were overlaid on the population density layer to find out the population affected by these two pollutants. The affected population is shown in table 7. Results and Discussion It was found that significant numbers of population were affected by air and noise pollution (94.3% and 34.8% of total population respectively). 52.7% of total population lying in 0-425 m buffer zone was affected by all air pollutants and 41.6% of total population lying in 425-1500 m buffer zone was affected only by suspended particulate matter only. 2.3% of total population lying in 0-30 m buffer zone was affected by noise pollution, the minimum noise level being 60 dB and 32.6% of total population lying in 30-250 m buffer

zone was subjected to noise level ranging from 50-60 dB. Thus, 2.3% of total population (57,587) was subjected to maximum air and noise pollution. With increasing vehicular traffic the impact of noise and air pollution would increase within this buffer zone (0-30 m) on the existing population. The maximum intensity of noise and air pollution was recorded at Hawa Sarak, M.I.Road and Jhotwara Road . The high intensities of pollution in above-mentioned roads was mainly due to connection of these roads directly to commercial areas, industrial areas and offices. J.L.N. Marg where the Rajasthan University is located, is also having high intensity of pollution during office hours because this is the only road linking the residential areas with the state and central offices and business centres. Agra Road is also having high intensity of pollution since it carries heavy inter-state traffic. The ‘KHAT’ coefficient calculated after field survey for measuring classification accuracy was 85.8% therefore proving that remote sensing data can be used for providing spatial information for Environment Impact Studies. Conclusions •

• •

•

The travel projected for 2011 shows corridors of heavy volume in the north-south and east-west direction, so there is a urgent need for an alternative public transport system on identified roads, to reduce air and noise pollution as well as to reduce the growth of personalized modes of transport. The Jaipur development authority should shift some commercial activities to other parts of the city. GIS along with input from remote sensing can be used to calculate catchment areas and population affected by pollution, quickly and accurately as compared to conventional methods. Planting of trees on both sides of roads as well on as on central verge, strict adherence to pollution standards is needed to reduce pollution .

Acknowledgements The authors are grateful to Dr P S Roy , Dean, Indian Institute of Remote Sensing for providing all necessary help and guidance during the work. References • • •

Khoshoo,T.N. (1991). Environmental concerns and Strategies. Asish Publishing House, New Delhi. Ortolano, Leonard. (1984). Environmental Planning and Decision making. John Willey and Sons, New York, U.S.A . Pasquill,F. (1963). The Estimation of the Description of Windborne Material. The Meteorological Magazine, 90(1063):pp.33-49

• • • •

Pasquill,F. and Smith.F.B.(1983). Atmospheric Diffusion. Ellis Horwood Ltd., Chichester. Patrono, A. (1995). Theory and Practice in Landscape Analysis for Environmental Impact Assessment. ITC, The Netherlands, pp 67-91. Peavy, Howard S. , Rowe, Donald R. and Tchobanoglous George. (1985). Environmental Engineering. McGraw-Hill Inc.,New York, pp:500-504. Rajvanshy,P.S. and Goel, M.M. (1987). Study and Status of Environmental Consciousness in the Planned City Jaipur. Rajasthan Pollution Prevention and Control Board, Jaipur.

Examples AMBIENT NOISE LEVELS DURING DEEPAWALI FESTIVAL The ambient noise levels during Deepawali festival are regularly monitored at various mega cities to find the noise level status during Deepawali festival due to firing of crackers, to compare the noise level during Deepawali day with normal day. The study being undertaken to assess the extent of violation of noise level standards during Deepawali day and to formulate strategic plan for mitigating noise level on such festive occasions. Publications:

• Ambient

Noise Level Survey in Delhi on the Occasion of Deepawali Festival: CUPS/43/1996-97. • Ambient Noise Level Survey in Delhi on the Occasion of Deepawali Festival: CUPS/47/1997-98. _____________________________________________________________________ _____________________________ STUDIES ON NOISE POLLUTION NEAR AIRPORT - A CASE STUDY The noise pollution is prominent at airport during take off, landing and taxing of aircrafts. There is excessive generation of noise from aircraft engines, which is the cause of concern among the population living near by and the officials working at airport. In order to assess the levels of noise pollution at airports, the case study was undertaken at Netaji Subhash Chandra Bose International Airport, Kolkata. The finding indicates elevated noise levels in vicinity of airports. Suggestions have been made to control noise pollution at airports.

Publication: • Noise pollution around Netaji Subhash Chandra Bose International Airport, Kolkata: PROBES/79/2001-2002.

Preventionmeasures •

preading awareness messages through programs for the prospective and existing entrepreneurs on usage of cleaner technologies and pollution control • Waste minimization for improvement of productivity and creation of Waste minimization circle

•

Assistance for sustainable development to be facilitated by the Government ofIndia through fiscal incentives, technology, trainings etc • An additional system of taxation to be introduced based on concentration of waste

• • • • • • • • • • • • • • •

Encourage industry to regard 'pollution' as an economic problem To decide the cost of water, power, fuel, etc through market instruments Tax exemption on waste selling, resource recovery and reuse to be introduced Incentives may be introduced on waste selling, resource recovery, reuse, etc Scattered business units to follow stringent pollution control regulations Allowance for capital investment and cleaner technology from foreign and private players Simplification of Environmental clearance procedures for the industries located in industrial estates Encourage Common Effluent Treatment Plant Encourage common captive power plant and steam generation unit During relocation of units detailed action plan to be prepared based on environmental risk assessment change of technology waste minimization Small industries to get assistance from government Further Research and development of cleaner technologies is proposed

MEASURES TO CONTROL AIR POLLUTION Concerns about global air pollution levels are increasing, and for business owners feeling the pressure, the growing area of air pollution control can be pretty cloudy itself. Enviro News explores the day-to-day methods available to modern industries to help minimise air pollution using practicable systems.

Volatile Organic Compounds (VOCs) One of the major causes of both indoor and outdoor air pollution are Volatile Organic Compounds (VOCs). VOCs are found within a wide range of consumer products, including solvent-based paints, printing inks and petrol products. Due to the proven contribution of VOCs to air pollution (and ultimately smog) VOC control regulations are enforced around the world to protect the environment against them.

Activated Carbon Activated Carbon is a popular air pollution control method. One of the most common forms of carbon treatment in air pollution control is carbon adsorption. This method sees the use of dry chemical scrubbing media such as carbon filters for the adsorption of fumes from the air.

Biofilters: Clearing the Air Biofiltration is a method of pollution control in which process pollutants are biologically degraded using microorganisms. The most common air pollution control application of biofilters is the microbiotic oxidation of contaminants in the air. Biofilters use living materials to degrade pollutants when immobilized in the biofilm. Applications of this method include treatment of the offgas from wastewater treatment plants, after painting and during the manufacture of food products.

Although capable of treating large airflows, one of the disadvantages of biofilters is the requirement of a large amount of physical space. In recent years efforts have been made to reduce the amount of space needed, meaning that footprint reductions have been seen. Various systems are used to ensure that sufficient moisture levels are maintained throughout the system. Air is humidified before entry to the bed using humidification chambers, bioscrubbers and water spray systems. Biofilters are cost-effective and straightforward options for pollutants capable of biodegrading reasonably easily. The absence of further pollution from biofilters is another positive associated with this method of air pollution control.

Driving Towards Cleaner Emissions Car engine emissions are recognized as one of the leading causes of air pollution. Catalytic Oxidizers are placed in the exhaust system of cars to reduce emissions from the exhaust pipe. The ideal byproducts of a car’s engine are carbon dioxide, some water and nitrogen. However in reality engines continue to release unburned hydrocarbons which damage the environment. Catalytic oxidizers now oxidize many of the unburnt hydrocarbons from an engine, leading to cleaner emissions from cars.

MEASURE TO REDUCE WATER POLLUTION The phrase has long been a rallying cry for communities concerned about factories, mines, and other polluters who impair local water quality. Many people are unaware, however, that a large part of the water pollution problem can be traced right back to their own backyards. Surface runoff, often called stormwater runoff, carries untreated sediments and toxins off lawns, gardens, and driveways directly into local watersheds. It's almost impossible for government agencies to minimize this type of pollution, but you can help solve the problem by following a few simple steps.also by not throughing trash into the water

1. Maintain your vehicle. You can see the stains from leaky cars all over any parking lot. The chemicals-motor oil, transmission fluid, and antifreeze, just to name a few--almost always get washed directly into the nearest river or body of water. Have your vehicle regularly serviced and immediately repair any leaks you notice. Driving less or getting rid of your car entirely will do a tremendous service to the environment.

2.

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Minimize your use of fertilizers, pesticides, and herbicides. The chemicals you spray or spread on your home, lawn, or garden don't stay there. Traces of these poisons get washed into storm drains with rainwater or snowmelt. Multiply these small amounts by thousands of households, and the effects on watersheds and aquatic life can be catastrophic. Think twice before using these products, and consider alternatives (i.e. pulling weeds, living with a few bugs around the house, or using natural predators to control pests and organic methods to control weeds). Take an integrated pest management (IPM) approach to controlling undesirable organisms, and you often won't have to use toxic chemicals at all. If you do need to use these chemicals, use only as much as you need; target their application, and don't apply them right before rainfall is expected.

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Replace your lawn and high-maintenance plants with native plants. Lawns require a lot of water and, generally, a lot of chemicals. The same can be said for many other plants that aren't necessary suited for survival in your yard. By replacing these high-maintenance plants with native species, you can reduce or eliminate your use of pesticides, herbicides, and fertilizers, and you won't have to spend as much time tending your yard. You can also dramatically lower your water use and help prevent runoff and erosion.

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Properly store and dispose of chemicals. Many household chemicals and automotive products are extremely toxic both to humans and to other organisms. Protect water quality by making sure these chemicals are stored in tightly sealed containers and that they aren't exposed to extreme temperatures. Clean up spills carefully, rather than leaving them on the ground or washing them into the street. When it comes time to get rid of used or unwanted chemicals, take them to your local hazardous waste recycling facility. In the U.S., Earth911.org maintains a recycling locatoron its website. Better yet, reduce your use of toxic substances by using non-toxic alternatives. The U.S. Environmental Protection Agency has a list of some of these alternatives on its website.

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Clean up pet waste. Pet waste contains harmful bacteria and other pollutants. While a good rain storm may wash your dog or cat's poop away, it isn't really gone--it's in the water supply. Promptly pick up after your pet, and seal the waste in a plastic bag before throwing it in the trash.

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Contain and/or compost yard waste. Yard waste that sits around can easily wash into storm drains when it rains. Even if the waste doesn't contain chemicals such as herbicides and pesticides, the introduction of large quantities of sticks, leaves, and grass clippings can overwhelm waterways with unhealthy quantities of nutrients. Remember, even beneficial and necessary substances can be harmful if there's too much of them, and waterways can't handle the sudden inflow of mass quantities of organic matter washed down storm drains.

o

Compost yard wastes. Your compost should be contained in a bin or barrel--some municipalities

o

provide these for free or at low cost--to prevent the materials from being washed away. Use a mulching mower instead of bagging grass clippings. Mulching mowers add a natural layer of

o

compost to your lawn, and you don't have to deal with disposal of grass clippings. Dispose of yard and grass clippings properly. If you don't compost or have yard wastes that you can't compost, contact your local waste management or environmental protection agency to determine how to dispose of yard wastes. Many jurisdictions provide regularly schedule yard waste pickups, and others allow you to schedule separate pickups. In any case, bag or otherwise contain

o

the material while you're waiting for pickup. Contain disturbed soil. If your revamping your landscape or tearing out old sod, you can end up with big piles of dirt and organic matter. These are highly susceptible to being washed away in runoff and should therefore be covered or otherwise contained, even if they will only be there for a short time.

7.

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Pick up litter and properly dispose of trash. Litter isn't just unsightly; it can also contribute to water pollution. Just about every material--from paper to cigarette butts to aluminum cans and old appliances--contains chemicals that can leach out into the environment. Everybody knows that littering is a no-no, but it's important to understand that trash or junk sitting in your yard can be just as harmful as trash illegally dumped by the side of the road.

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Avoid using salt to de-ice walkways. In colder climates, salting walkways and driveways is a common practice. It's so common, in fact, that freshwater streams and lakes in these areas have been found to have extraordinarily high concentrations of salt--high enough to kill off fish and other aquatic organisms. Regularly and thoroughly shovel and/or sweep snow from your walkways instead of relying on salt, and sparingly apply non-toxic alternatives to salt to surfaces that need de-icing or extra traction. Examples of alternatives to salt include gravel and biodegradable, lowtoxicity chemicals such as calcium magnesium acetate and liquid potassium acetate.

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Maintain your septic system. If you have a septic system, have it regularly inspected and maintained. Overloaded or improperly functioning septic systems can spew raw sewage directly into bodies of water or can contaminate groundwater. Most septic systems should be pumped every 2-3 years.

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Maintain a vegetated buffer between your yard and bodies of water. If you live near a body of water, keep or plant a buffer of vegetation to capture runoff from your yard. Don't mow your lawn all the way up to the shore, and seriously consider replacing a lawn buffer with native plants. This area should be completely free of pet waste, pesticides, herbicides, or fertilizers. People who live in close proximity to streams, lakes, and oceans have a special responsibility in the fight against water pollution, because they can more directly contaminate these bodies of waters than others who live further away.