The Environment Protection Act 1986 (Factory Wing

THE ENVIRONMENT PROTECTION ACT 1986

DEFINITIONS

In this Act, unless the context otherwise requires, --

"environment" includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

"environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

"environmental pollution" means the presence in the environment of any environmental pollutant;

"handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

"hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;

"occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

"prescribed" means prescribed by rules made under this Act.

Definitions under Environment Protection Act

In these rules, unless the context otherwise requires - (E P ACT )

"Act" means the Environment (Protection) Act, 1986 (29 of 1986);

"Authority" means an authority mentioned in Column 2 of Schedule 5;

"export" with its grammatical variations and cognate expression, means taking out of India to a place outside India;

"exporter" means any person under the jurisdiction of the exporting country and includes the exporting country, who exports hazardous chemical;

"hazardous chemical" means, -

any chemical which satisfies any of the criteria laid down in Part I of Schedule 1 and is listed in Column 2 of Part II of this Schedule;

any chemical listed in Column 2 of Schedule 2;

any chemical listed in Column 2 of Schedule 3;

"import", with it grammatical variations and cognate expression, means bringing into India from a place outside India;

"importer" means an occupier or any person who imports hazardous chemicals;

"industrial activity" means, -

an operation or process carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be; or

isolated storage; or

pipeline;

"isolated storage" means storage of a hazardous chemical, other than storage associated with an installation on the same site specified in Schedule 4 where that storage involves atleast the quantities of that chemical set out in Schedule 2;

"major accident" means an occurrence including any particular major emission fire or explosion involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of an industrial activity or due to natural events leading to serious effects both immediate or delayed, inside or outside the installation likely to cause substantial loss of life and property including adverse effects on the environments;

"pipeline" means a pipe (together with any apparatus and works associated therewith) or system of pipes (together with any apparatus and works associated therewith) for the conveyance of a hazardous chemical other than a flammable gas as set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute; the pipeline also includes interstate pipelines;

"Schedule" means Schedule appended to these rules;

"Site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used disposed of and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether floating or not;

"Threshold quantity" means, -

in the case of a hazardous chemical specified in Column 2 of Schedule 2, the quantity of that chemical specified in the corresponding entry in Columns 3 & 4 of that part;

in the case of a hazardous chemical specified in Column 2 of Part 1 of Schedule 3, the quantity of that chemical specified in the corresponding entry in Columns 3 & 4 of that part;

in the case of substances of a class specified in Column 2 of Part II of Scheduled 3, the total quantity of all substances of that class specified in the corresponding entry in Column 3 & 4 of that Part.

In these rules unless the context otherwise requires,:- MSIHC

"chemical accident" means an accident involving a fortuitous ,or sudden or unintended occurrence while handling any hazardous chemicals resulting in continuous, intermittent or repeated exposure to death, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity;

"hazardous chemical" means,-

any chemical which satisfies any of the criteria laid down in Part I of Schedule 1 or is listed in Part 2 of the said schedule;

any chemical listed in Column 2 of Schedule 2;

any chemical listed in Column 2 of Schedule 3;

"industrial activity" includes an operation or process,-

carried out in an industrial installation referred to in Schedule - 4 involving or likely to involve one or more hazardous chemicals; on-site storage or on-site transport which is associated with that operation or process as the case may be;

isolated storage;

pipeline;

"industrial pocket" means any industrial Zone earmarked by the Industrial Development Corporation of the State Government or by the State Government;

"isolated storage" means,- storage of a hazardous chemical other than storage associated with an installation on the same site specified in Schedule-4 where that storage involves at least the quantities of that chemical set out in Schedule-2;

"major chemical accident" means,- an occurrence including any particular major emission, fire or explosion involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of industrial activity or transportation or due to natural events leading to serious effects both immediate or delayed , inside or outside the installation likely to cause substantial loss of life and property including adverse effects on the environment;

"Major Accident Hazards (MAH) Installations",- means, isolated storages and industrial activity at a site, handling (including transport through carrier or pipeline) of hazardous chemicals equal to or, in excess of the threshold quantities specified in Column 3 of Schedule 2 and Schedule 3 respectively;

"Manufacture, Storage and Import of Hazardous Chemicals Rules" means,- the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, published in the notification of Government of India in the Ministry of Environment & Forests No.S.O.966(E) dated 27th November 1989;

"off-site emergency plan" means,- the off-site emergency plan prepared under rule 14 of the Manufacture, Storage and Import of Hazardous Chemicals Rules;

"pipeline" means,- a pipe (together with any apparatus and works associated therewith) or system of pipes (together with any apparatus and works associated therewith) for the conveyance of a hazardous chemical other than a flammable gas as set out in Column 2 of Part II of Schedule 1, at a pressure of less than 8 bars absolute;

"site" means,- any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed off and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether floating or not;

"transport" means,- movement of hazardous chemicals by any means over land, water or air;

Definitions

UNDER CHEMICAL ACCIDENTS (EMERGENCY PLANNING,
PREPAREDNESS AND RESPONSE ) RULES 1996

"hazardous chemical" means,-

any chemical which satisfies any of the criteria laid down in Part I of Schedule 1 or is listed in Part 2 of the said schedule; 1

any chemical listed in Column 2 of Schedule 2;

any chemical listed in Column 2 of Schedule 3;

"industrial activity" includes an operation or process,-

· carried out in an industrial installation referred to in Schedule - 4 involving or likely to involve one or more hazardous chemicals;

· on-site storage or on-site transport which is associated with that operation or process as the case may be;

· isolated storage;

· pipeline;

"industrial pocket" means any industrial Zone earmarked by the Industrial Development Corporation of the State Government or by the State Government;

"isolated storage" means,- storage of a hazardous chemical other than storage associated with an installation on the same site specified in Schedule-4 where that storage involves at least the quantities of that chemical set out in Schedule-2;

"major chemical accident" means,- an occurrence including any particular major emission, fire or explosion involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of industrial activity or transportation or due to natural events leading to serious effects both immediate or delayed , inside or outside the installation likely to cause substantial loss of life and property including adverse effects on the environment;

"Major Accident Hazards (MAH) Installations",- means, isolated storages and industrial activity at a site, handling (including transport through carrier or pipeline) of hazardous chemicals equal to or, in excess of the threshold quantities specified in Column 3 of Schedule 2 and Schedule 3 respectively;

"off-site emergency plan" means,- the off-site emergency plan prepared under rule 14 of the Manufacture, Storage and Import of Hazardous Chemicals Rules;

"site" means,- any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed off and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether floating or not;

"transport" means,- movement of hazardous chemicals by any means over land, water or air;

AUTHORITY UNDER EP ACT

UNDER SECTION 3(3)

SCHEDULE - 5

[See Rules 2(b) and 3)] of " Manufactures Storage and Import of Hazardous Chemicals Rules - 1989"

Authority (ies) with legal Duties and corresponding rule no. backing:

Inspector

Chief Inspector of Factories Enforcement of directions and appointed under the Factories procedures in respect of F. A.1948. Industrial installations and isolated storage covered under the Factories Act, 1948 dealing with hazardous chemicals and pipelines including inter-state pipelines regarding,-

i) Notification of major accidents as per Rules 5(1) and 5(2).

ii) Notification of sites as per Rules 7, 8 & 9.

iii) Safety reports as per Rules 10 to 12.

iv) Preparation of on-site emergency plans as per Rule 13.

v) Preparation of off-site emergency plans in consultation with District Collector or District Emergency Authority as per Sr. No.9 of this Schedule.

Penalty

FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

OFFENSES BY COMPANIES

(1) Where any offense under this Act has been committed by a company, every person who, at the time the affiance was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offense.

(2) Notwithstanding anything contained in sub-section (1), where an offense under this Act has been committed by a company and it is proved that the offense has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offense and shall be liable to be proceeded against and punished accordingly.

Explanation--For the purpose of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals;

(b) "director", in relation to a firm, means a partner in the firm.

OFFENSES BY GOVERNMENT DEPARTMENTS

(1) Where an offense under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offense was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offense.

(2) Notwithstanding anything contained in sub-section (1), where an offense under this Act has been committed by a Department of Government and it is proved that the offense has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offense and shall be liable to be proceeded against and punished accordingly.