dilip kumar behera - spcb
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Compliance to Environment Regulations : State Pollution Control Board Context
Dr. D. K. BeheraSr. Env. Scientist, SPCB, Odisha
International Conference on Env. Governance and EnforcementWBPCB, Kolkota19th, March, 2013
Environmental governance in India
LEGISLATION
IMPLEMENTING INSTITUTIONS
PCB, DOEF, MOEF
EXPERTORGANISATIONS
NEERI, TERI
CITIZEN
JUDICIARY
Policy Making Agency (MoEF) State Govt.
Adoption of Acts Monitoring Agency (CPCB)
Implementing Agency (SPCB)
Project End Project Approval Consent to Establish Project Completion
Detail Assessment (Consent to Operate)
Project Continue
Monitoring Closure
Regulation of Services
Conviction Court Public Suit
Non-Compliance
Compliance with Norms
Pollution Abatement Policy Enforcement Mechanism in India
New Units
Application to SPCB for “CONSENT TO ESTABLISH”
Consent Granted
Project Conception
Stage
Permission for Trial Run
Performance Evaluation by SPCB Not
Satisfactory
Grant Of CONSENT TO OPERATE
Monitoring by SPCB
Construction Stage
Operational Stage
Renewal Of Consent
Change In Process/ Raw
material / Expansion of facility
Compliance Process
REGULATORY FRAMEWORK
Consent to Establish
Public Hearing
CRZ Clearance
Environmental Clearance
Construction Phase
Consent to Operate/Authorization
Operation Phase
Monitoring and Review
Major Functions of SPCBs Command & Control Principles • Formulation of preventive measures • Laying down env. Standards• Consent and authorisation Administration • Env. Friendly technology development • Control of pollution through inspection &
monitoring of industrial units • Regulation of location of industries • Disposal of waste (hazardous, plastic,
municipal, electronic etc.) • Collection and dissemination of information• Advise the State Govt. • Penal action against the violation
Regional Regional Offices Offices
SPCB, Odisha
Issues in functioning of SPCBs Manpower • Inadequate technical manpower – wide
variation in the ratio of technical to non-technical among Boards
• No norm of staffing
• No fulltime Chairman
• Expontial increase in no. of industries and legislations
Result-Env. Performance monitoring inadequate
Resources • Water Cess, consent and authroisation fees,
sample testing fees, bank guarantee, grant-in-aid from Central & State Govt., project based grants etc.
• Many of the SPCBs are self dependent• Wide difference in consent and other fees
among SPCBs • Cess collection from ULBs • Not much expediture towards pollution
prevention, R & D etc.
Inventorisation
• Data base on inventorisation of industries both under consent and authorisation administration still incomplete – addition of number of units, hotels, hot mix plants, HCEs, brick kilns etc etc…
• Data management and periodical updation not standardised
Jurisdiction • Vehicular pollution is beyond the
jurisdiction of SPCB- source proportionate• 50-70% of urban air pollution caused due to
vehicles • EC & consent to establish – almost similar
function• Lack of Multi departmental coordination • Overlapping enforcing agencies
Standards & Compliances• Monitoring frequency stipulated by CPCB
not achieved• Standards do not allow percentage of
deviation – except NAAQS – Impractical • Industries tempted to manipulate • Maintenance of PC equipment – not priority
by industries • By passing – Sponge Iron Plant • Litigation – time consuming – more
emphasis to the process of inspection • Domestic waste treatment – not adequate
Information flow from Regional Offices of SPCBs• Poor linking. MIS is weak• IT based enforcement coming up • Support & accountability of ROs are not
uniform – mechanism not standardized • SOPs are not well documented • SPCBs adopt different procedure of
enforcement
Others• Commutative impact studies (REMP,
Carrying Capacity Studies) are not done as routine – quality of the report
• R & D by SPCB is not a priority • Quantification of pollution load – studies are
sporadic • Health Impact Studies missing
Functional Indicators During 1986-87
During 1996-97
During 2006-07
Increase in 10 years
No. of industries / mines under admn. a.Consent cases b.NOC cases
2650
306172
1199639
4 times3.7 times
No. of misc. industries (stone crusher & brick kiln)
No activity No activity 1200 Additional responsibility
No. of health care units under admn. Nos. of ULBs
No activity0
No activity0
774103
Additional responsibility
No. of public complaints handled Insignificant Insignificant 296 Additional responsibility
No. of inspections conducted 129 1159 4097 3.5 timesNo. of stack & ambient air monitoring 40 711 2590 3.6 timesNo. of public hearings / consultations Not existed Not existed 77 Additional
responsibilityNo. of legal cases 3 3 72 24 times
Amount of cess collected 0 Rs. 1.38 crores
Rs. 5.56 crores
4 times
Amount of consent fees collected Rs. 10.95 lakhs
Rs. 29.52 lakhs
Rs. 866.03 lakhs
29 times
No. of Acts & Rules notified 3 Acts & 3 Rules
4 Acts & 9 Rules
4 Acts & 22 Rules
2.5 times
No. of Regional Offices 0 4 9 2.5 time
No. of external technical projects 0 0 5 5 times
Annual budget of the Board Rs. 28.0 lakhs Rs. 298.96 lakhs
Rs. 839.12 lakhs
3 times
Total Technical Manpower 08 35 55 1.5Nos. of units regulated/person 9.5 13.6 71 5.2
INCREASE IN WORK LOAD in OSPCB
Recommendation, Planning Commission, Govt. of India
• To levy spot fines in case of violation (5-10 times operational cost of running ETP for the period the last visit) (Quaci – Judicial Power)
• For arrest / detention of persons responsible for toxic waste pollution
• Scientific & technical documentation of pollution
• Record statement • Stepping up of institutional arrangement
for creating env. awareness • Benchmarking of frequency of monitoring • Detail performance study of ETP & PC
equipment• Transparency in Consent & Authorisation
administration
Strength of SPCBs
Experienced subject specific man powerInfrastructure in terms of laboratories for
field investigationCompetent technically qualified pool of
Scientists and EngineersExposure and updating on env. Sound
technologiesPromote clean technologyDeveloping real time monitoring data
managementAwareness creation
Status of Pollution in India
Trends in pollution•Levels of SO2 and lead in ambient air : decreasing •PM10 beyond norms in majority of cities and NOx is the emerging pollutant•Medium level cities are front runners in air pollution•Number of polluted river stretches increasing
Database Issues• 43 Critically Polluted Industrial Clusters
Identified :REFINEMENT• 17 categories of highly polluting industries & grossly
polluting industries shortlisted: GAPS IN DOCUMENTATION & REPORTING
• Red/Orange/Green categories : NEED FOR HARMONISATION
Status of Compliance• 17 categories: compliance 71%; GPI: compliance 68%
- INTEGRITY OF DATA TO BE ENSURED• SSI Compliance-- STATUS NOT ASSESSED: 70% of
pollution load
CAG Audit Findings on Water Pollution
• Legislative & Policy framework– Water pollution has not been adequately addressed in any policy
in India, both, at the federal & provincial level
• Planning for control of pollution in rivers, lakes & ground water– Inadequate planning
– No complete inventory of rivers/lakes and keystone species associated with them
– no identification of existing pollution levels in rivers and lakes in terms of biological indicators etc
Audit findings • Implementation of programmes for control of pollution
– Projects for pollution control of rivers was unsatisfactory 82 % were completed after the scheduled date of completion
– 28 projects costing ` 251.27 crore were constructed but not utilised as yet
– States implementing the projects faced problems in land acquisition, forest clearances, technical problems, problems from contractors etc.
– Programme to prevent pollution of lakes also ineffective as only 2 of the sampled 22 projects had been completed and the rest were either continuing beyond the sanction date of completion or had been abandoned
Audit Findings • Monitoring of programmes
– Inspection and monitoring was inadequate at all three levels, i.e., local level, provincial/State level and federal/Central level.
– There was paucity of network for tracking pollution of rivers, lakes and ground water as there were inadequate number of monitoring stations, no real- time monitoring of water quality and the data on water quality had not been disseminated adequately.
Audit Findings• Results of programmes for control of pollution in India
– Data on the results of programmes not very encouraging as majority of rivers remain polluted and continue to be plagued by high levels of organic pollution, low level of oxygen availability for aquatic organisms and bacteria, protozoa and viruses which have faecal-origin and which cause illnesses
– Most lakes are under threat from nutrient overloading which is causing their eutrophication and their eventual choking up from the weeds proliferating in the nutrient-rich water.
• Implementation programmes for preventing pollution of these lakes has had no discernible effect
1.Environmental Planning(a) Development of standards and guidelines(b) Development of laws, rules and regulations
2. Environmental Monitoring(a) Environment surveillance (General)(b) Ambient Monitoring(c) Maintenance of data base
Pollution Management-SPCBs
3. Environment Impact Assessment/Audit(a) Identification and inventory of source of pollutant(b) Impact Assessment on different components of environment (air, water, land and other natural resources)
4. Laboratory Management(a) Quality control(b) Research and development
5. Pollution Control Enforcement (Facility Specific)
(a) Inspection(b) Prosecution(c) Direction
6. Technological Intervention(a) Design and development of appropriate technology(b) Dissemination of appropriate technology
7. Environmental Awareness/Information(a) Support to NGOs/Education Institutions(b) Capacity building through training programs(c) Mass awareness through media
Vision of SPCBs Strategic Planning- Broad Institutional goal, assesses the performance and develop overall strategyOperational Planning- Framework of implementing strategy derived from Strategic planningUniform staffing and enforcement mechanismLaboratory- Nucleus of SPCs- More credibleComprehensive monitoring planning and executionDevelopment of industry specific pollution control guideline and inspection protocolIT Based functioning
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