ENVIRONMENTAL REGULATIONS

COMPLIANCES
PENALTIES

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 IMPORTANT LEGISLATIONS
THE FACTORIES ACT - 1948 AND MAHARASHTRA FACTORIES
RULE-1963.

THE PETROLEUM ACT - 1934 AND RULES 2002

STATIC MOBILE PRESSURE VESSELS RULES -1981

GAS CYLINDERS RULES 1981

THE ENVIRONMENT ACT - 1986 AND RULES -1986

HAZARDOUS WASTES (MANAGEMENT& HANDLING)

RULES -1989

MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS

CHEMICAL RULES -1989

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 ENVIRONMENTAL REGULATIONS

A. Water Pollution
Acts
No.6 of 1974, [23/3/1974] - The Water (Prevention and Control of Pollution)
Act, 1974, amended 1988
No.36 of 1977, [7/12/1977] - The Water (Prevention and Control of Pollution)
Cess Act, 1977, amended 1992
No. 19 of 2003, [17/3/2003] - The Water (Prevention and Control of
Pollution) Cess (Amendment) Act, 2003.
Rules
G.S.R.58(E), [27/2/1975] - The Water (Prevention and Control of Pollution)
Rules, 1975
The Water (Prevention and Control of Pollution) Cess (Amendment) Act,
2003 No.19 of 2003
G.S.R.378(E), [24/7/1978] - The Water (Prevention and Control of Pollution)
Cess Rules, 1978
Notifications so far more than 20

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 ENVIRONMENTAL REGULATIONS

WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974, NO. 6 OF

1974, 23rd March, 1974.
This was the First Act on Environmental Protection in India.
The Act defines outlet as any conduit pipe or channel, open or closed carrying
sewage or trade effluent or any other holding arrangement which causes, or is
likely to cause, pollution.
It also defines "pollution" as the contamination of water or such alteration of the
physical, chemical or biological properties of water or such discharge of any
sewage or trade effluent or of any other liquid, gaseous or solid substance into
water (whether directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of aquatic organisms.
Trade effluent" according to the Act includes any liquid, gaseous or solid
substance which is discharged from any premises used for carrying on any
"Industry, operation or process, or treatment and disposal system" other than
domestic sewage.
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 ENVIRONMENTAL REGULATIONS

WATER (P & C of P) ACT, 1974 cont.

Section 25 and 26 prescribe various compliances required.
THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975, 27th
February 1975
The Rules describes various requirements requiring compliance, penalties etc.

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 COMPLIANCES AND PENALTIES

PENULTIES UNDER THE WATER (P & C of P) RULES, 1975

PENALTY FOR CERTAIN ACTS
for the purpose of obtaining any consent under section 25 or section 26,
knowingly or willfully makes a statement which is false in any material particular
: punishable with imprisonment for a term which may extend to three months or
with fine which may extend to ten thousand rupees or with both.
PENALTY FOR CONTRAVENTION OF PROVISIONS OF SECTION 24
Whoever contravenes the provisions of section 24 shall be punishable with
imprisonment for a term which shall not be less than one year and six months
but which may extend to six years and with fine.
PENALTY FOR CONTRAVENTION OF SECTION 25 OR SECTION 26
Whoever contravenes the provision of section 25 or section 26 shall be
punishable with imprisonment for a term which shall not be less than two years
but which may extend to six years and with fine.

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 ENVIRONMENTAL REGULATIONS

"SCHEDULE II
(see section 3)
Purpose for which water Maximum rate under Maximum rate under
is consumed sub-section (2) of Sub-section (2A) of
section 3 Section 3
(every person carrying on (fails to comply)
any specified industry;
and every local authority)
1. Industrial cooling, Five paise Ten paise
spraying in mine pits per kilolitre Per kilolitre.
or boiler feeds
2. Domestic purpose Two paise Three paise
per kilolitre per kilolitre.

3. Processing whereby Ten paise Twenty paise

water gets polluted per kilolitre per kilolitre.
and the pollutants are
-
a) easily
biodegradable ; or
b) non toxic; or
c) both non toxic and
easily bio
degradable.
4. Processing whereby Fifteen paise Thirty paise
water gets polluted per kilolitre per kilolitre.
and the pollutants are
-
a) not easily
biodegradable; or
b) toxic; or
c) both toxic and not
easily
biodegradable

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 COMPLIANCES AND PENALTIES

Penalties under The Water Cess Act, 1977

Non-payment of cess within the specified time
Fine not exceeding the amount of cess in arrears with prescribed interest.
Furnishing false cess return
Imprisonment upto 6 months or fine upto Rs. 1.000/- or both.
Evasion of the payment of cess
Imprisonment upto 6 months or fine upto Rs. 1.000/- or both.

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 ENVIRONMENTAL REGULATIONS

THE ENVIRONMENT (PROTECTION) ACT, 1986 No. 29 OF 1986, 23rd May, 1986.
This Act is known as the Umbrella Act and covers Water, Air, Solid Waste,
Noise Pollution.
The Act defines environmental pollutant" as any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious to
environment and also defines "environmental pollution" as the presence in the
environment of any environmental pollutant
Section 5 of this Act Prohibits and restricts the location of industries and the
carrying on processes and operations in different areas without completion of
prescribed formalities.

THE ENVIRONMENT (PROTECTION) RULES, 1986, 19th November, 1986

There are a number of amendments to these rules prescribing various details.

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 ENVIRONMENTAL REGULATIONS

B. Air Pollution
Act
No.14 of 1981, [29/3/1981] - The Air (Prevention and Control of Pollution) Act
1981, amended 1987
Rules
G.S.R.712(E), [18/11/1982] - The Air (Prevention and Control of Pollution)
Rules, 1982
G.S.R.6(E), [21/12/1983] - The Air (Prevention and Control of Pollution)
(Union Territories) Rules, 1983
Notifications
15 so far AS OF now.

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 ENVIRONMENTAL REGULATIONS

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981, No. 14 of

1981, 29th March, 1981.
The Act defines "air pollutant" as any solid, liquid or gaseous substance
(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.
It defines "air pollution" as the presence in the atmosphere of any air pollutant.
Section 21 and 22 prescribe various compliances required.

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 COMPLIANCES AND PENALTIES

Penalties under The Air Act, 1981

Emission of air pollutants without the consent of the Board
Imprisonment for one and half years to six years and fine.
Non-compliance with the emission standards prescribed by the PCB
Imprisonment for one and half years to six years and fine.

Penalties under The Environment (Protection) Act, 1986

Failure to comply with any of the provisions of the Act

Imprisonment upto 5 years or fine upto Rs. I lakh or with both.

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 ENVIRONMENTAL REGULATIONS

Hazardous Substances Management

Rules
9 so far
G.S.R.347(E), [1/8/1996] - The Chemical Accidents (Emergency Planning,
Preparedness and Response) Rules, 1996
S.O.966(E), [27/11/1989] - The Manufacture, Storage and import of
Hazardous Chemical Rules, 1989
S.O.593(E), [20/5/2003] - Hazardous Wastes (Management and Handling)
Amendment Rules, 2003
Amendments/Notifications
4 so far

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 ENVIRONMENTAL REGULATIONS

THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989,

NOTIFICATION S.O. 594(E) 28th July, 1989
These Rules were framed under Environment (Protection) Act, 1986.
The Rules define authorisation" as permission for collection, reception,
treatment, transport, storage and disposal of hazardous wastes granted by the
competent authority.
Schedule I of the Rules describes various processes generating different
Hazardous Wastes and Schedule II describes different Chemicals and their
concentrations in the Hazardous Wastes.
There are more than 30 catagouries of hazardous waste.

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 ENVIRONMENTAL REGULATIONS

Noise Pollution
Rules
S.O.123(E), [14/2/2000] - Noise Pollution (Regulation and Control) Rules,
2000
Amendments/Notifications
9 so far as of 26th July 2007

Ozone Layer Depletion

Rules
1 so far as of 26th July 2007
2T-Oil
Rules
1 so far as of 26th July 2007

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 ENVIRONMENTAL REGULATIONS

D. Public Liability Insurance

Act
No.6 of 1991, [22/1/1991] - The Public Liability Insurance Act, 1991,
amended 1992
Rules
S.O.330(E), [15/5/l991] - The Public Liability Insurance Rules, 1991,
amended 1993
Notifications
5 so far

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 ENVIRONMENTAL REGULATIONS

THE PUBLIC LIABILITY INSURANCE ACT, 1991, No. 6 of 1991, 22nd January,
1991, MINISTRY OF LAW AND JUSTICE (Legislative Department)
The PLI Act was promulgated to accord financial relief to the victims of
Environmental Pollution.
The Act defines an "accident" as an accident involving a fortuitous, sudden or
unintentional occurrence while handling any hazardous substance resulting in
continuous, intermittent or repeated exposure to death, of or injury to, any
person or damage to any property but does not include an accident by reason
only of war or radio-activity.
THE PUBLIC LIABILITY INSURANCE RULES, 1991, 15th May, l991
The rules define financial amounts for different situations as defined under the
Act.

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 COMPLIANCES AND PENALTIES

Schedule of Immediate Relief under Public Liability Insurance Act, 1991

Reimbursement of medical expenses incurred up to a maximum of
Rs.12,500 in each case.
For fatal accidents the relief will be Rs.25,000 per person in addition to
reimbursement of medical expenses, if any, incurred on the victim up to a
maximum of Rs.12,500.
For permanent, total permanent, partial disability or other injury or sickness
the relief will be
reimbursement of medical expenses incurred, if any, up to a maximum of
Rs.12,500 in each case, and
cash relief for total permanent disability will be Rs.25,000.
For loss of wages due to temporary partial disability which reduces the
earning capacity of the victim there will be a fixed monthly relief not
exceeding Rs.1,000 per month up to a maximum of 3 months provided the
victim had been hospitalised for a period exceeding 3 days and is above 16
years of age.
Up to Rs.6,000 depending on the actual damage, for any damage to private
property.

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 ENVIRONMENTAL REGULATIONS

E. National Environment Appellate Authority

Act
No.22 of 1997, [26/3/1997] - The National Environment Appellate Authority
Act, 1997
F. National Environment Tribunal
Act
No.27 of 1995, [17/6/1995] - The National Environment Tribunal Act, 1995

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31.07.2017 20
EHS Management system Framework
ELEMENT 1 Management Leadership, Commitment &
Accountability
Management establishes policy, provides perspective, sets
expectations and ensures provision of adequate resources for
successful operations.
Management leadership, commitment and action need to be
visible to the organization.
Clear accountabilities must be established at all levels.
Fostering a safety culture that supports the goal of zero EHS
incidents is critical to the success of EHS Support.
Management can promote a work environment where personnel
identify, communicate and address unsafe acts, conditions and
events.
ELEMENT 2 Risk Planning, Assessment &
Management
Risk planning, assessment and management is a
continuous process that includes the formal and
informal identification, evaluation and control of EHS
business risks.
These EHS risks include business liabilities, regulatory
compliance and client requirements.

Implementation of risk assessment methodologies can

reduce environmental, health and safety risks and help
mitigate adverse consequences, by providing important
information for planning and decision-making.
ELEMENT 3 - Facility/Site and Equipment/Tool Safety
Management
Safety can be enhanced and risk to health and the
environment can be minimized by using effective standards,
procedures and management systems for facility/site design,
activities and services.
Health and safety plans (HASP) will be used to summarize
health and safety hazard information for field activities. The
HASP will delineate procedures that will allow personnel to
work safety.
Criteria are established and procedures are put in place for
conducting and documenting risk assessments at specific
project stages to ensure that risks are identified understood
and minimized.
ELEMENT 4 - EHS Regulatory Management, Information and
Documentation
Accurate information about the configuration and capabilities
of sites and facilities, properties of products and materials
handled, potential hazards, and regulatory requirements is
essential to assess and manage risk.
All projects and services are to comply with EHS Supports EHS
Regulatory Compliance Procedures and in the case of
Contractors, they shall have equivalent procedures equal to or
exceeding EHS Supports Procedures.
Each project must complete and maintain a Health and Safety
Plan and Project Safety Analysis. Information on the potential
hazards involved in field projects is kept current. The
information will include:
List of applicable EHS regulatory requirements;
Interpretation of what actions need to be taken to comply;
Timing/responsibility for each action; and
Compliance verification monitoring.
ELEMENT 5 - EHS Planning & Procedures
Safety and health policies and programs will be established and
maintained to manage significant risks and comply with legal
requirements. They will be written, communicated and followed
and be accessible to personnel, contractors, and government
entities as appropriate.
All onsite activities are covered by a Health and Safety Plan
(HASP). To ensure sound management of specific risks and
hazards, a Project Safety Analysis (PSA) will be conducted and
communicated to all project parties.

Contractors are responsible for compliance with the

requirements of this Element through application of their
Management System and/or use of EHS Supports EHS
Management System.
ELEMENT 6 - Personnel, Organization, Competence and
Training
People are the most important asset of EHS Support.
Achieving EHS objectives requires appropriate training,
effective communication and assessment of employees and
the implementation of appropriate programs.

Training will be based on experience, skill levels, capabilities

and regulatory requirements and tracked in our electronic
database.
ELEMENT 7 - Emergency Management & Community
Awareness
The goal is to be proactive rather than reactive in planning and
preparing for a safe and effective emergency response to
incidents that mitigate the consequences, prevents further
harm and enables a safe efficient resumption of normal
operations.
Community awareness is an important factor in maintaining
confidence in the integrity of our business.
Emergency planning and preparedness for each project are
essential to ensure that, in the event of an incident, all
necessary actions are taken for the protection of the public,
the environment and company personnel and assets.
ELEMENT 8 - Incident Investigation, Analysis &
Management
EHS Support maintains the belief that we can operate
without incident despite the often difficult conditions in
which we may face. We effectively manage all incidents,
including work-related injuries, accidents, regulatory
violations, and near misses immediately and thoroughly.

Effective communication and proper incident investigation,

reporting, and follow-up are necessary to assure the
opportunity to learn from reported incidents and to use
this important information to take corrective action and
prevent recurrence
ELEMENT 9 - Management of Change
Changes in services, procedures, site standards, facilities,
or personnel must be evaluated and managed to ensure
that risks arising from these changes are properly
assessed and managed.
When a plan is developed to complete a task, the
hazards have been identified and either eliminated or
mitigated.
As the project progresses, tasks may change, revealing
new hazards. Personnel undertaking the tasks shall
develop alternative methodology for completion and
receive authorization for approval of changes.
ELEMENT 10 - Third Party Services
Third parties (contractors and contracted personnel
working directly with or for EHS Support and suppliers)
impact EHS Supports business and reputation.
It is essential that they perform in a manner that is
consistent and compatible with EHS Supports EHS policies,
procedures and expectations.
To ensure that EHS risks associated with contractor and
supplier activities are effectively managed, third parties
must be prequalified and approved to work on EHS
Support projects and periodically audited.
ELEMENT 11 - EHS Performance Monitoring,
Measurement, Reporting & Improvement
To ensure continuous improvement, EHS performance
shall be accurately monitored, measured, recorded and
analyzed.
The results of analysis shall be reviewed and provided to
management to facilitate a basis for decision making in
compliance and business improvement decisions.
The EHS performance data shall be relevant, consistent,
transparent, accurate and complete for internal review and
public disclosure where required.
ELEMENT 12 - EHS Audits and Assurance
The expectation is that project tasks and services are
compliant with the requirements defined by our
management system, elements and standards.
To provide assurance that the EHS Management
Standards requirements are implemented in the business
and are effective in reducing EHS risk, periodic EHS Audits
will be conducted.
The execution of the audits utilizes a risk-based approach
and cover regulatory compliance, risk management,
communications, documentation and contractor
compliance.
ELEMENT 13 - EHS Systems Review
Continuous systems review ensures that the EHSMS continues to
be an effective means of satisfying EHS Supports EHS Policy
commitments.
Reviews will include data such as leading and lagging indicators,
audit findings, nonconformance and incident statistics. The
process will assess system strengths and weaknesses and
include, as appropriate: the need for policy or management
system changes; objectives, goals and work plans in light of
changing circumstances and the commitment to continuous
improvement; resource allocation for system implementation
and maintenance; and significant issues from risk assessments
and changing regulatory requirements.
Conducted annually by a team that includes representation from
all levels of the company, the review will identify actions for
improvement and further the organizations EHS goals and
objectives.
ELEMENT 14 - Continuous Improvement Implementation
All management systems must include a process that
fosters the continuous improvement of the system.
To grow and adapt with our business we will update,
modify, and improve our EHS Process and Procedures to
ensure a safe environment, the correction of program
deficiencies and the ongoing improvement of
performance.
Thanks