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Environmental Compliance and Enforcement – the West Bengal Scenario

Environmental Compliance and Enforcement – the West Bengal Scenario. S. K. Adhikari , Chief Engineer, WBPCB. International Conference on Environmental Compliance and Enforcement - the Emerging Global Trend March 19-20, 2013.

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Environmental Compliance and Enforcement – the West Bengal Scenario

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  1. Environmental Compliance and Enforcement – the West Bengal Scenario S. K. Adhikari, Chief Engineer, WBPCB • International Conference on • Environmental Compliance and Enforcement - the Emerging Global Trend • March 19-20, 2013 Science City Mini Auditorium, J.B.S Haldane Avenue, Kolkata – 700046, West Bengal, India

  2. Environment Protection Agencies in India Ministry of Environment & Forests, GoI Department of Environment State Government Central Pollution Control Board State Pollution Control Board/committee West Bengal Pollution Control Board, Environmental regulatory body in West Bengal , was constituted as per the provisions of the Water (Prevention and Control of Pollution) Act,1974

  3. Environmental Legislation in India • Water (Prevention and Control of Pollution) Act, 1974 and its amendment. • Air (Prevention and Control of Pollution) Act, 1981 and its amendment . • Environment (Protection) Act, 1986 and its amendment . • Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and its amendment. • Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and its amendment . • Biomedical Wastes (Management and Handling) Rules, 1998 and its amendment. • Plastic Wastes ( Management & Handling) Rules, 2011 and its amendment. • Municipal Solid Wastes (Management and Handling) Rules, 2000 • Noise Pollution (Regulation and Control) Rules, 2000 and its amendment . • Batteries (Management and Handling) Rules, 2001 and its amendment . • E-Waste ( Management & Handling) Rules,2011.

  4. Board’s Mandate • Implementation and execution of various Environmental Acts & Rules. • Advise the State Government on prevention, control or abatement of various environmental pollution. • Research related to environmental aspects. • Awareness, training programs relating to pollution prevention and control. • Conflict resolution on environmental matters through public hearing mechanism involving complainants and polluters.

  5. WBPCB Network and Activities • The Board operates through a network of two Circle Offices, ten Regional Offices, one sub-Regional Office, one Central Laboratory and five Regional Laboratories • Implementation of different environmental Acts and Rules • Consent administration • Cess administration • Monitoring and control of pollution from industrial and other sources • Waste management • Advising the Govt. on the different environmental issues. • Monitoring of ambient air quality, water quality of surface water bodies & ground water quality and ambient noise level • Providing secretarial assistance to the SEIAA • Redressal of public grievances • Environmental awareness campaigns and training • Implementation of externally aided projects • Research and development activities

  6. Permit Administration • WBPCB issues the following permission to the units: • CONSENT TO ESTABLISH- • CONSENT TO OPERATE- • HAZARDOUS WASTE AUTHORISATION • BIO-MEDICAL WASTE AUTHORISATION • REGISTRATION FOR HW AND E-WASTE RECYCLERS. • REGISTRATION FOR PLASTIC WASTE RECYCLERS. • Enabling the industries to file application for ' Consent to Establish' & 'Consent to Operate' through web-based EMIS.

  7. Environmental Monitoring • Ambient air quality is monitored regularly • Automatic: 5 nos. Semi automatic : 24 nos. • AAAQM stations : RPM, CO,SO2, O3, HC. • Semi automatic : 12 parameters, including Benzene, • Benzo (a) pyrene, PAHs, Pb. Ni, As etc.. • River water quality is monitored in all major rivers of the state • Ganga, Damodar, Barakar, Rupnarayan, Mahananda, Teesta etc. • Water quality of major lakes and water bodies are monitored • Rabindrasaravor, Sagardighi, Mirik Lake, Saheb Bandh etc. • Groundwater quality is monitored at 49 locations in the state.

  8. Redressal of Public Complaints • The Board receives public complaints from different quarters of the society • The general public can lodge a complaint either by through writing a letter about the complaint or can do so through the 'Environment Management Information System' (EMIS) of the Board. • All complaints are acknowledged and actions are taken promptly.

  9. Surveillance and Enforcement Inspection Non-compliance Identified Regulatory Process Initiated Issuance of Show-Cause Notice Technical Hearing in a quasi-judicial forum of the Board Imposition of Bank Guarantee for ensuring time-bound compliance, Imposition of Pollution Fines etc. Consistent non-compliance leads to Closure and Disconnection of Electricity in extreme circumstances. After adoption of adequate pollution control measures, closure order is Suspended with Restoration of Electricity and industry remains under strict surveillance.

  10. Various Judicial Forums in West Bengal • Appellate Authority constituted by the Dept. of Environment, GoWB. • A special division bench, which is the nation's first Green Bench, constituted by the chief justice of the Calcutta High Court in the year 1996 to hear any kind of environment-related petitions from legal point of view. • The National Green Tribunal (NGT) established in 2010 under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources. The NGT has started operating in West Bengal and cases on violation of environment and forest conservation laws would be first heard by the tribunal before a petitioner can move Supreme Court.

  11. Compliance Assistance Initiatives Dept. of Environment, GoWB & WBPCB set up an Environment Compliance Assistance Centre (ECAC) in the state – (this Centre is the 1st of its kind in India) with active support of AECEN and in collaboration with international development agencies (World Bank, USEPA, USAID, ADB) It is felt that an independent and reliable ECAC is the perfect answer to reciprocate the regulatory agencies’ efforts towards improved environmental compliance and enhanced environmental consciousness The primary purpose of ECAC is to assist industry( mainly SME) in – • accessing information on environmental compliance, clean production policies, programs and practices • selecting appropriate clean technologies after evaluating a range of available options that meet the local needs • help industries to introduce good manufacturing practices and clean technologies demonstrating cost effectiveness and environmental benefits

  12. Poor Environmental compliance of SSI : issues • Lack of environmental awareness. • Lack of adequate knowledge. • Lack of cost effective sound process technology. • Financial constraint. • Inadequate space and other infrastructure for adopting clean technology including pollution control system.

  13. Hazardous waste Management : Issues • Inadequate infrastructure of SSI for handling of Haz. Waste. • Waste collection and transportation over a large distances often becomes a limiting factor for the TSDF. • HW import in disguise of Hazardous chemicals: cases of waste solvents, waste plastics etc. • Specification of products recovered from recycling of HW is to be defined specially, for the fuel oil, solvents, paints • Need for centralised data base for the HW generators for easy reference. • Problem in quantification of HW for the SME sectors.

  14. Bio-medical Waste Management : Issues • Lack of motivation among the health care staffs • Poor segregation of BMW at source • Mixing of BMW with general wastes • Disposal of BMW into municipal vat • Burning of waste • Insignificant generation of BMW • Pilferage of BMW & selling • Non-mutilation of disposable syringes etc. • Phase out of mercury bearing medical equipment

  15. Municipal Waste Management : Issues • Constrain of availability of suitable land, particularly in urban areas. • Source segregation • Less priority sector before the urban local bodies • Lack of awareness among the citizen • Difficulties in enforcing service charges for collection of MSW • Lack of economically feasible technology for treatment of MSW of Indian cities

  16. Plastic Waste Management : Issues Awareness campaign among the students, citizen, shop owners, stockists and other stake holders. Alternative of plastic carry bags; like jute bag, cotton bag, paper bag, etc. Raids on manufacturers of plastic carry bags and other similar items. Raids on shop owners, dealers, stockists, retailers. Imposition of fines against the violators. Involvement of association of plastic manufacturing units and brand owners for setting up plastic waste collection centres and plastic waste reprocessing units. Records of plastic waste collected and disposed are to be maintained by the municipal bodies for submission to the State Board. Development of environmentally sound plastic recycling units.

  17. West Bengal Pollution Control Board, 10 A, Block LA, Sector III, Bidhannagar, Kolkata 700098 www.wbpcb.gov.in THANK YOU

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