Transcript Document

Decentralizing Incentives and Compliance
Promotion in West Bengal, India
2008 AECEN Regional Forum:
Decentralization in Environmental Compliance and Enforcement in Asia
Grand Hyatt Bali, Nusa Dua
Bali, Indonesia
Mr. Arijit Banerjee
Department of Environment
Government of West Bengal, India
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WBPCB, India
Environmental Legislations in India
- all environmental acts and Rules are promulgated by Govt. of 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
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
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WBPCB, India
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
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WBPCB, India
Major mandates of SPCBs in India
• 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
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WBPCB, India
Enforcement of Compliance of
Environmental Legislation
• 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
• Driving principle: Command and Control
• 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
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WBPCB, India
Enforcement of Compliance of
Environmental Legislation
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
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WBPCB, India
Enforcement of Compliance of
Environmental Legislation
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
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WBPCB, India
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.
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WBPCB, India
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.
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WBPCB, India
Decentralisation of power to enforce
environmental compliance
• SPCBs within the territorial jurisdiction of States
Decentralisation in West Bengal
Regional & Circle offices, WBPCB in respective geographic
jurisdiction
[for issuing ‘Consent’ to all industries]
Directorate of Micro, Small & Medium Enterprises, GoWB
[for issuing ‘Consent’ to small scale industries]
WBPCB
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]
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WBPCB, India
Decentralisation of power to enforce
environmental compliance
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
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WBPCB, India
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
environmental compliance
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WBPCB, India
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
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WBPCB, India
Incentives for Compliance
– introduced by West Bengal Pollution Control Board
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 proactive environmental management practices and to move ‘beyond
compliance’
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WBPCB, India
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
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WBPCB, India
Incentives for Compliance
– introduced by West Bengal Pollution Control Board
Regulatory actions are taken for bringing industries, not
complying with environmental regulations, to compliance path
Show cause
notice issued
Techno-Legal
Hearing
Complied and Bank
Guarantee released
Direction issued for achieving
compliance within a fixed time
Bank Guarantee imposed to
ensure time bound compliance
Pollution Cost
imposed
Non-compliance continued
Complied and Closure
order withdrawn
Closure and Disconnection
of water and electricity till
achieve compliance
Not to face imposition of Bank Guarantee and Pollution Cost is indirect
incentive to achieve compliance
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WBPCB, India
Incentives for Compliance
– introduced by West Bengal Pollution Control Board
• 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 WBPCB’s approach
of using economic instruments for ensuring
environmental compliance
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WBPCB, India
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
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WBPCB, India
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
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WBPCB, India
An independent and reliable Environmental
Compliance Assistance Center in West Bengal will be
able to provide effective support to industries and
other development agencies
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WBPCB, India
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
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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
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WBPCB, India
Thank You
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WBPCB, India