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INSPECTION AND COMPLIANCE. Mr. R.C. Saxena Zonal Officer Central Pollution Control Board East Zonal Office , Kolkata. WHAT IS INSPECTION AND COMPLIANCE. Strengthening enforcement and compliance through legal tool
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INSPECTION AND COMPLIANCE Mr. R.C. Saxena Zonal Officer Central Pollution Control Board East Zonal Office , Kolkata
WHAT IS INSPECTION AND COMPLIANCE • Strengthening enforcement and compliance through legal tool • Inspection and compliance are complementary to each other as inspection trigger off compliance
WHY INSPECTION REQUIRED • Implementation of norms for prevention and control of environmental pollution • Restoring and maintain the wholesomeness of the fragile environment
INSPECTION TYPES • On site activity (direct) • Off site activity (indirect)
ON SITE ACTIVITY • Monitoring / inspection based on national laws for the prevention and control of the industrial and urban pollution • Water (prevention and control of pollution) Act of 1974, amended in 1988. • Water (prevention and control of pollution) Cess Act of 1977, amended in 1987 • Air (prevention and control of pollution) Act of 1981
CONTD. • Environment (Protection) Act Of 1986 (EPA) • Public Liability Insurance Act Of 1996 • National Environmental Appellate Authority Of 1997.
RESPONSIBILITY OF CPCB FOR THE DEVELOPMENT OF ENVIRONMENTAL STANDARDS • Source specific environmental standards are developed by specific states • Conducting monitoring • Adoption of best feasible technology • Discussion with stake holders • Opinion of experts • Finalization of standards
OFF SITE INSPECTION • Inspection for public litigation • Stake holders’ complaints • Right to information act • Online monitoring system of pollutants • Lock in mechanism between the process and the pollution control system
INSPECTION PROCEDURE • Proper inspection requires many issues : • Process technology available • Technology adopted • Knowledge of different environmental component • Knowledge of proper monitoring system • Knowledge of proper sampling, preservation and sample transportation • Knowledge of reliable data generation • Final conclusion against the permissible limit
FOLLOWED BY OTHER ISSUES DURING INSPECTION • Self monitoring and reporting • Verification of environmental system • Consumption of water and raw material • Hazardous waste generation during process and their disposal system • Solid waste generation and their management • Pollution abatement measured implemented
THIRD PARTY AUDIT • Verify the submission of the annual audit report through designated auditors if any
KEY CHALLENGES OF INSPECTION • Monitoring of trace element such as dioxins, furan, PCBs, VOCs, HAPs, etc. • Biggest challenges is to make industries law abiding • Adoption of proper technology for SSI units to comply the environmental norms • Implementation of common treatment facilities which is participatory.
LIMITATIONS • Limited manpower • Limited infrastructure facilities • Negative attitude of the stake holders
CORPORATE RESPONSIBILITY FOR ENVIRONMENTAL PROTECTION (CREP) • MOEF and CPCB, in consultation with industry, launched the charter to promote waste minimisation and adoption of clean technologies beyond regulatory requirements
SUCESSFUL ACHIEVEMENT OF COMPLIANCE GOAL • Motivation of the polluter regarding protection of environment through implementation of upgraded antipollution equipment system. • Replacement of old system • Motivation towards resource conservation and operation of the pollution control system regularly
Contd… • Dissemination and training to the operator by the industry • Protection of health of workers through clean indoor environment • Maintaining OSHA and other standards
Contd… • Compliance promotion and programme implementation in SSI unit • Participate in the public information disclosure programme • Award to the industry adopting best performance technology related to clean environment (clean technology) • Awardees industry must get rebate on water cess and other benefits
Contd… • Subsidies for pollution control installation or • Credit linked capital subsidy scheme for small scale clusters
COMPLIANCE EXPERIENCE • Large scale industries – good • Medium scale - not satisfactory • Small scale - poor FOR • Small scale industries the minimum production capacity to be fixed which can afford pollution control for its sustainability
FINE AND PENALTY • The existing rules needs to be implemented stringently, besides following may be considered • On site penalty rule to be framed and power to penalise the offender • Deposition of the money in govt account within seven days • Failure will force to close the industry automatically • Last but not the least, the power may be entrusted to the monitoring authority