Banerjee

WBPCB, India Bali, Indonesia 15 September 2014 1
2008 AECEN Regional Forum:

Decentralization in Environmental Compliance and Enforcement in Asia
Grand Hyatt Bali, Nusa Dua
Bali, Indonesia
Decentralizing Incentives and Compliance
Promotion in West Bengal, India
Mr. Arijit Banerjee
Department of Environment
Government of West Bengal, India
Water (Prevention and Control of Pollution) Act, 1974

Water (Prevention and Control of Pollution) Cess Act, 1977

Air (Prevention and Control of Pollution) Act, 1981

Environment (Protection) Act, 1986

Ministry of Environment and Forest (MoEF), Government of India (GoI)
is given overriding power to notify various Rules for environmental
safeguards - various Rules pertaining to environmental protection and
improvement have been subsequently notified by MoEF, GoI

Environmental Legislations in India
- all environmental acts and Rules are promulgated by Govt. of India
Implementation power decentralised

For effective enforcement of compliance of different Acts and Rules, the
powers of implementation are delegated to State level pollution control
agencies within the geographic jurisdiction of the respective states
Environmental Authorities
at Federal and State Level
Ministry of Environment & Forests (MoEF), Govt. of India
- Policy making, promulgation of different Acts and Rules and Notification
of environmental standards in India
Central Pollution Control Board (CPCB)
- Authority for fixation of environmental standards and guidelines at the
national level
- Operates under the MoEF
- Has power under environmental Acts to temporarily supersede SPCBs
- Has the power to direct the State Boards Water Act, Air Act and E(P) Act
Department of Environment (DoE), State Govt.
- State authority for environment protection at State level
State Pollution Control Board (SPCB) West Bengal
- Authority for implementation of environmental statutes at the state level
- Enforcement is ensured through Regional centers of the Board headed
by competent Environmental Engineers with appropriate power
delegation by the Chairman of the Board
- Operates under administrative control of DoE
Planning a comprehensive programme for prevention, control or abatement of
pollution in the state

Advising the State Governments in formulating environmental improvement
programmes

Collection and dissemination of environmental information

Lay down, modify or annul effluent or emission standards

Encouraging and conducting environmental research activities

Controlling and minimising pollution from point sources through
implementation of statutes

Surveillance on pollution sources to ensure regulatory compliance

Restoration and improvement of environmental and ecological conditions

Solving the problem of industrial sectors through negotiation, dialogue,
technical assistance

Redressing public grievances against specific environmental problems

Training and generating awareness on environmental problems

Major mandates of SPCBs in India
Enforcement of Compliance of
Environmental Legislation
Driving principle: Command and Control
Most of the power is decentralised to State Pollution Control
Boards/Agencies
The State Pollution Control Board has decentralised enforcement
power to its Regional and Circle Offices
Instrument for ensuring compliance:
- Permit regime
(polluter requires various environmental permits for operation)
- Compliance of environmental standards
- Regulatory actions using Judicial forum
(Lower Court, High Court, Supreme Court)
- Public interest litigations by the affected parties
Permit Regime (Compliance of environmental statutes are mandated for
activity responsible for emission)
Consent to Establish to be obtained
before establishment of any new industry
before expansion or modification of existing industrial process
pollution abatement proposal should be sufficient for containment of
environmental pollution within permissible norms
Environmental clearances
only applicable for specific activities mentioned in EIA notification
Consent to Operate to be obtained
for operating any industrial unit
to be renewed periodically
normally granted after the unit complies with environmental norms
Authorisation to be obtained
for management and handling of Hazardous wastes
for management and handling of Biomedical wastes
for management and handling of other classified wastes

Surveillance and monitoring Programme
(Compliance of environmental standards)

Compliance of liquid effluent discharge standard
- Primarily concentration based standards
- General and industry specific discharge standards
- Load based standards
(in some specific cases like Pulp & Paper, Fertiliser, Oil Refinery etc.)

Compliance of emission standards (primarily particulate matters)

Proper management, treatment and disposal of classified
wastes
- Treatment and disposal guidelines are provided in respective Rules

Implementation of environmental statutes
at State Level
State Pollution Control Boards are implementing authority

Water Act 1974
U/s. 20 To direct any person abstracting water from or discharging sewage or trade
effluent into any stream or well to give information regarding the same.

U/s. 21 To take water samples (for analysis) from any stream or well or sewage or
trade effluent passing from any plant or vessel or any place into any stream or well.

U/s. 23 To inspect at any time any plant, record, register, document or any other
material object or for conducting a search of any place for violation of this Act.

U/s. 25 To issue Consent for establishment of any industry, operation or process,
any treatment and disposal system, use of new or altered outlets for discharge of
sewage or discharge effluent from any plant.

U/s. 33 State Board may make an application to a court to restrain any person likely
to pollute or to dispose of any matter in stream or well or sewer or on land otherwise.

U/s. 33A State Board may issue any directions in writing to any person including
closure, prohibition or regulation of any industry, operation or process and/or
stoppage or regulation of supply of electricity, water or any other service.
Implementation of environmental statutes
at State Level
Air Act 1981
U/s. 21 To issue Consent for establishment or operation of any industry in air
pollution control area.

U/s. 22A State Board may make an application to a court to restrain any person
operating an industrial plant or otherwise in any air pollution control area
for restraining such person from emitting air pollutant.

U/s. 25 To direct any person carrying oil any industry or operating any control
equipment or industrial plant to give information regarding types of air pollutants
emitted into the atmosphere and level of the emission of such air pollutants.

State Board has the right to inspect the premises where such industry, control
equipment or industrial plant is being carried on or operated.

U/s. 26 To take air or emission samples (for analysis) from any chimney, flue or duct
or any other outlet .

U/s. 31A State Board may issue any directions in writing to any person including
closure, prohibition or regulation of any industry, operation or process and/or
stoppage or regulation of supply of electricity, water or any other service.
Decentralisation of power to enforce
environmental compliance
SPCBs within the territorial jurisdiction of States
Decentralisation in West Bengal
WBPCB
Directorate of Micro, Small & Medium Enterprises, GoWB
[for issuing Consent to small scale industries]
District Land & Land Revenue Officers, GoWB
[for issuing Consent to Brick manufacturing industries]
Other lined Departments of GoWB
[for ensuring environmental compliance in different types of
industries]
Local Bodies (Municipality & Panchayets)
[for ensuring environmental management at local level]
Non-Governmental Organisations
[as environmental watchdog]
Regional & Circle offices, WBPCB in respective geographic
jurisdiction
[for issuing Consent to all industries]
Decentralisation of power to enforce
Lessons of decentralisation in West Bengal

Benefits

Decentralisation of power to Regional and Circle Offices
- Expanding horizon of permit regime

Decentralisation of power to other Govt. Departments
- Expanding horizon of permit regime especially in small scale
industries

Limitations

Decentralised agencies cannot effectively enforce the compliance of
emission standards through regulatory action

Misinterpretation of delegated power

Lack of adequate capacity and knowledge
Limitation of Command and Control approach
No incentive for industries for self compliance through self
monitoring

State agencies has no power take cognizance directly for the
recalcitrant industries

Filing of Court cases by State Board is essential for taking
penal action against environmental non-compliance as a
cognizable offence

Initially the cases can only be filed at Sub-Divisional Courts

Such Court procedures is lengthy and requires presence of
engineers/inspectors of the Board during the trial
Wise mix of Command and Control approach and appropriate
Incentive scheme will be more effective for ensuring
Incentives for Compliance under the present
regulatory system
National Level

Rebate (25%) in water cess (water taxes) payable to SPCB for
consumption of water

Exemption of Customs and Excise duties on the import of pollution
abatement equipment and their accessories
State level

Incentive scheme for installation of pollution abatement system in
small scale industries (50% of cost incurred and upto Rs. 5 lakhs i.e.
US $ 10,000)
West Bengal Pollution Control Board

Green Ranking through Environment Excellence Award

Providing Financial assistance for environmental compliance
Green Ranking through Environment Excellence Award

Environment Excellence Award is given to encourage and recognize
the efforts of the Industries, Service sector and Non-Governmental
Organisations to protect and preserve the environment through pro-
active environmental management practices and to move beyond
compliance

Incentives for Compliance
introduced by West Bengal Pollution Control Board
Providing Financial assistance for environmental compliance
Stricter emission standard introduced by State Board for small boilers and
ceramic kilns within Kolkata

To ensure emission compliance, these industries were directed to convent
small energy inefficient coal fired boilers and ceramic kilns to oil or gas fired
boilers and ceramic kilns
Financial assistance was provided by the West Bengal Pollution Control
Board for fuel conversion and to ensure emission compliance

During the project period (Oct. 2001 Mar. 2007) total US $ 103 million was
disbursed to 173 cases of fuel conversion
Regulatory actions are taken for bringing industries, not
complying with environmental regulations, to compliance path
Show cause
notice issued
Techno-Legal
Hearing
Direction issued for achieving
compliance within a fixed time
Bank Guarantee imposed to
ensure time bound compliance
Non-compliance continued
Complied and Bank
Guarantee released
Closure and Disconnection
of water and electricity till
achieve compliance
Pollution Cost
imposed
Complied and Closure
order withdrawn
Not to face imposition of Bank Guarantee and Pollution Cost is indirect
incentive to achieve compliance
Compliance of environmental norms to avoid penal action
is an indirect incentive

In India, this mechanism was first introduced by the West
Bengal Pollution Control Board

Use of economic instruments (e.g. Bank Guarantee and
Pollution Cost) is not included in the environmental
regulations

Different Judicial Forum upheld the WBPCBs approach
of using economic instruments for ensuring
Requirement for
ensuring environmental compliance
Legalising the use of economic instruments coordinated with
existing command and control system
(the Board is successfully implementing various legal instruments for improvement
of environmental compliance without any legal sanction)

Redefining the role of Pollution Control Boards as Environment
Protection Agency rather than Pollution Control Agency

Considering providing legal power to take cognizance of
environmental offences to the Pollution Control Boards

Difficulty in achieving environmental
compliance by the industries
Environment management is considered to be an externality

Environmental compliance is often not included in the official management
policy of the industries

Absence of top level management commitment

Identification of environmental problems in absence of qualified personnel

Absence of dedicated environment and safety cells in the industries

Ignorance regarding the legal requirement fro environmental compliance

Non-availability of information on appropriate emission control technology
and reliable vendors for installing the same

Difficulty of choosing economic and effective pollution abatement systems
for compliance of environmental norms

Absence of properly accredited agencies generally capable of supporting
industries in its endeavour to comply environmental norms
An independent and reliable Environmental
Compliance Assistance Center in West Bengal will be
able to provide effective support to industries and
other development agencies
Current status of ECAC at Kolkata, West
Bengal, India
This ECAC in West Bengal will be the first such center in India

A twelve member Steering Committee involving the major stakeholders
has been constituted by the State Government for framing policy
guidelines for the ECAC

An Action Plan has been prepared for proposed activities of ECAC
along with budgetary requirement

The ECAC will provide hand-holding support to the industries and
development agencies of the state for
Environmental compliance
Generation of awareness
Providing information regarding the enactment
Advising the entrepreneurs for compliance of environmental norms
Suggesting proper incentive schemes to the State Govt. for encouraging
compliance by the industries
Thank You

Banerjee

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WBPCB, India Bali, Indonesia 15 September 2014 1

2008 AECEN Regional Forum:

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