Pollution Prevention Vs. Control

 

 The Ministry of Environment and Forests (MOEF), Govt. of India  issued guidelines  for categorization of Conditions stipulated in Environmental Clearances (E.C) granted  to different types of Industrial Activities, into "Serious" and "Not So Serious" categories,

 

Precautionary Principle

 

 As Highlighted by Supreme Court, it will not be humanly possible for the Regulating Agencies, to keep track of and monitor compliance of plethora of stipulated conditions by the industries spread all over. Moreover, stipulation of conditions / safeguards, is no way of ensuring safety under "Precautionary Principle" as  there is every likelihood that safeguards could fail either due to natural or manmade calamity, or accident or due to mechanical failure or human error.

 

Experience of last 3 to 4 Decades

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 The experience during the last 3 to 4 decades, since The  Water Act, 1974 and  The  Environment (Protection) Act, 1986 have come into force, shows that the process of    according Environmental Clearances to Projects was not entirely based on the  understanding that ecological processes and peoples' rights to a healthy and productive environment, have to be fully respected. The process also did not cover   combined and comprehensive impacts of all kinds of projects and processes that have an impact on the environment, within the same impact zone.

 

 Citizens' experiences of EIA Reports, Environmental Public Hearings and the Decision Making Process for granting ECs, in respect of many projects, in the name of development are filled with disappointment, anger and frustration. There seems to   be little political will to uphold the principles behind EIA Notification and The Constitutional obligations under Articles 48-A and 51-A (g)

 

 Penal clauses of the Acts/ EIA Notification have not been effectively enforced by MoEF/State Agencies, which encouraged unethical practices by Project Proponents and EIA Consultants, such as presenting fraudulent, fudged and misleading reports.

 

Failure of Command & Control Mechanism

 

Especially in our present system of State controlled and managed Environmental Clearances and Monitoring, Regulation & Control of Pollution, which lacks technical competency, transparency & accountability and susceptible to external influences, the compliance of stipulated conditions appears to be a mockery of pollution control.

 

The experience during the last 4 decades clearly demonstrated that "Command & Control" mechanism in respect of monitoring and control of pollution has miserably failed, as demonstrated by heavily polluted water bodies and critically polluted areas.

 

Prevention rather than Control

 

Therefore it is desirable to opt for pollution abatement technologies and adoption of Clean and Waste Minimization Technologies, rather than permitting pollution to be generated and then trying to control pollution by a plethora of conditions, measures etc.

 

The universally accepted principles of "Burden of Proof on Polluter "and "Polluter Pays" .be enforced and implemented, to make Non-Compliance a "High-Risk Business' instead of being a "High- Profit Business" as at present. The compliance of conditions will improve without elaborate set up and much of monitoring, once the "Culprits" (Polluters) are identified & named and economically hurt & socially humiliated, by appropriate penal actions.

 

Specify Max. Permissible Production related Consumptions

 

 As pollution and waste generation by industrial activities depend on consumption of Water, Electricity, Fuels such as, coal, petroleum products, Raw Materials etc. used in the production process, the upper limits of their permitted consumption per Ton of the end product produced be clearly mentioned under special conditions, marked "Serious" in Environmental Clearance. The appropriate metering /measuring/ weighing and recording the quantities used be specified with the object of minimizing the manipulation of quantities used/consumed..  These should be categorized as "Serious" and  be monitored regularly at monthly/quarterly intervals for ensuring their strict compliance

 

Specify Max Permissible Production related Effluents /Pollution Levels  

 

The maximum permissible quantity of effluents generated per Ton of end product produced, specifying their parameters, be clearly mentioned, marked "Serious" under Special Conditions of EC.The measures to be adopted for their treatment and utilization / disposal, clearly specifying quantity and place of their discharge, as applicable, be also mentioned in E.C. As there is a possibility of diluting effluents, the sources and quantity of water permitted to be used, should be clearly mentioned with adequate metering and recording facilities.

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