THE ENVIRONMENT PROTECTION ACT 1986 by : DR. T.K. JAIN AFTERSCHO☺OL centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india FOR – PGPSE PARTICIPANTS mobile : 91+9414430763 5 DECEMBER 09
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WHAT IS ENVIRONMENT
Sec 2(a) : water, air, land, interrelation between these, plants, macro-organisms – all those which surround us
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Environment pollutant ?
Sec. 2(b) : solid, liquid, gaseous substance present in environment, which may be inurious to enviroment.
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Who is occupier ?
Just like a manager of a factory – having full powers of the factory
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What is pollution?
Sec. 2(c) presence of environment pollutants is called environment pollution
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Hazardous substances ?
Sec. 2(e) any substance or preparation of substance, which may cause harm to human beings or other living creatures in environment.
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Important rules ?
The hazardous wastes management and handline rules 1989 the manufacture, storage and import of hazardous chemicals rules 1989
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Standards of emissions
Sec 7 : every organisation has to follow standards of emissions and should not violate them. Standards have been set for that.
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Obligation to inform
Sec 9 : it is obligatory on occupier / manager to inform authorities when there is more emissions than the prescribed standards. They have to try to prevent it also.
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Power to inspect and take samples
Sec. 10 : authorities under the law have the power to inspect factory and take samples.
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Laboratories
Sec 12: the government has to establish laboratores under the act.
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Role of laboratories
Rule 9 of Environment protection rules 1986 : the laboratories will do testing of samples and give reports to the government and they will carry out other functions as prescribed by the government
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Environment audit
Rules 14 : every company, which deals with environment sensitive issues – must undertake environment audit and submit the report every year as per form V
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Case : Modi Distellery 1987
If the company doesnt comply with directions of pollution control board and continues to discharge effluents in river stream, the top management of the company are liable for this.
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Case : M.C Mehta 1987
It is the duty of every company which deals in hazardous material to ensure that there is proper protection of these material and there is no harm to the environment.
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