Transcript LEGAL AND STATUTORY PROVISIONS PROTECTION OF …

LEGAL FRAMEWORK FOR
CHEMICAL DISASTER MANAGEMENT
Sreeja S. Nair
Assistant Professor
National Institute of Disaster Management
CONTENTS
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Constitutional Provisions
Statutory Provisions
Legal Regime – Paradigm Change in approach
Pre Bhopal and Post Bhopal legislations
Explosives Act
Factories Act
EPA and Rules
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MSIHC, EPPR
PLIA, Environmental Tribunal Act, Appellate Authority
Act
DM ACT
NDMA Guidelines
CONSTITUTIONAL PROVISIONS
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Article 21 guarantees all the persons a fundamental right to
life and personal liberty. This included a life of dignity, to be
lived in a proper environment, free of danger and diseases
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Article 51-A(g) fundamental duty of every citizens and States
to protect and improve environment including forests, lakes
rivers and wildlife and to have compassion for living creatures
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Article 48(A) 42nd Amendment Act 1976 added a new
directive principle. States shall endeavour to protect and
improve the environment and safeguard the forests and wild
life of the country.
STATUTORY REMEDIES
Liability of the polluter under the
Law of Tort
(i) Nuisance : Annoys and hurts
(ii) Trespass : intentional or negligent interference
with personal or proprietary rights
(iii) Negligence : duty to take care but not (principle
of fault)
(iv) Strict liability
STATUTORY REMEDIES
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Indian Penal Code, 1860 makes various acts
affecting environment as offences (Chapter
XIV, section 268 and 294 A)
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Public health, safety, convenience, decency
and morals.
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IPC also cover the negligent handling of
poisonous substances, combustive and
explosive materials
STATUTORY REMEDIES
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Criminal Procedure Code, 1973 (Cr. P.C) can
also be invoked to prevent to prevent
pollution
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Chapter X, Part B sections 133 to 143 provide
most effective and speedy remedy for
preventing and controlling public nuisance
STATUS OF LEGAL REGIME
Pre-Bhopal Phase
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Explosives Act, 1884
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The Petroleum Act, 1934
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Factories Act, 1948 and Rules made there
under
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The Insecticide Act, 1968
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Static & Mobile Pressure Vessels Rules, 1981
LEGAL REGIME- POST BHOPAL
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Environment (Protection) Act, 1986
 Manufacture,
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Storage and Import of Hazardous
Chemical Rules, 1989 (amended in 1994, 2000)
 Chemical Accidents (Emergency Planning,
Preparedness and Response) Rules, 1996
Motor Vehicles Act, 1988
Public Liability Insurance Act, 1991
Environmental Appellate Authority Act 1997
Amendments to pre-Bhopal legislations including Factory
Safety Act and Motor Vehicles Act
KEY FEATURES
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Focused on on-site safety of workers
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legal system to regulate
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Off-site emergency system
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Safe storage of hazardous materials
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Safe transportation of hazardous
materials …
………..was hardly existing
ENFORCING DEPARTMENTS
FACTORIES
PCB
PESO
DGFASLI
MINES
AERB
DISTRICT COLLECTORATE
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THE EXPLOSIVES ACT, 1884
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Deals with regulatory aspects concerning
manufacture, possession, use, sale, transport
and import & export of explosives.
Grant authorization of explosives
Issue license to possess explosives
Give permission to import, export and
transport of explosives
Testing, analysis, monitoring and
disposal of explosives
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THE EXPLOSIVES RULES, 2008
1) Employment of Competent Persons for supervision
(Rule 11)
2) Prescribed precautions to be observed in handling
explosives (Rule 12)
3) Prohibition of smoking, fires, lights and dangerous
substances (Rule 14)
4) Transport (Rule 61-3)- Engage drivers or cleaners
whose antecedents are verified by local police
(Re-verification in each year) , Transportation only
between sunrise and sunset
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THE EXPLOSIVES RULES, 2008
5) Road van always attended by two armed guards at the
expenses of licensee (Rule 67)
6) Restrictions on transportation of different explosives in
the same carriage (Rule 33)
7) Maximum quantities (Rule 36)
8) Protection from fire and explosion (Rule 41)
9) Safety distances (Rule 137)
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The Factories (Amendment) Act, 1987.
As per the preamble, the main objectives for the
amendment to the Factories Act were,
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To provide for safeguards to be adopted in using and
handling of hazardous substances
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To lay down emergency standards and measures
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To lay down procedures for Siting of Hazardous
Industries and
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To ensure workers’ participation in safety management
PROVISIONS
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Compulsory Disclosure of Information by the Occupier –
Sec. 41B
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Specific Responsibility of the Occupier in relation to
Hazardous Process – Sec 41C
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Workers participation in Safety Management – Sec. 41 G
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Right of Workers to Warn about Imminent Danger –
Sec. 41 H
Chapter IV-A – Provisions related to Hazardous Process (8 provisions
i.e. 41-A to 41-H)*
ENVIORNMENTAL PROTECTION ACT 1986
Most comprehensive Acts relating to Environmental Protection
(26 Sections )
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Objective is to implement the decisions made at the U.N.
Conference on the Human Environment at Stockholm, June
1972,
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A general law on Environmental Protection which could cover
uncovered areas of major environmental Hazards as the
existing laws were mainly focused on pollution
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To provide deterrent punishments for those who endanger
human environment, safety and health
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Umbrella Act covers various issues of air, water, land, human
beings and other living creatures and property
EPA RULES
I.
The Manufacture Storage and Import of Hazardous
Chemicals (MSIHC) Rules, 1989 & Amendments 1990,1994,
2000
II.
Chemical Accidents (Emergency Planning Preparedness
and Response) Rules 1996. (As amended to date) setting up
of central, state, district and local crisis group
III.
The Hazardous Wastes (Management and Handling) Rules,
1989 : and Amendments
IV.
The Hazardous Wastes (Management and Handling and
Trans boundary Movement) Rules, 2008 amended in June
and September 2009
Manufacture, Storage and Import of
Hazardous Chemical Rules, 1989.
[Environment (Protection) Act, 1986]
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MSIHC Rules
Notified under the EP Act, 1986 on 27.11.1989, 20 Rules
and 12 Schedules
Rule 2 Definitions
Hazardous Chemicals means –
(i) any chemical which satisfies any of the criteria laid down
in Part I of Schedule I and is listed in Column 2 of Part II of
this Schedule;
(ii) any chemical listed in Column 2 of Schedule 2;
(iii) any chemical listed in Column 2 of Schedule 3;
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MSIHC RULES
Definition of Major Accident
“Major Accident” means an incident involving loss of life
inside or outside the site or ten or more injuries inside
and/or one or more injuries outside or release of toxic
chemical or explosion or fire of spillage of hazardous
chemical resulting in ‘on-site’ or ‘off-site’ emergencies or
damage to equipments leading to stoppage of process or
adverse effects to the environment.
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CHEMICAL STORAGE IN
PLANT PREMISES (Schedule-1)
1. Low Level: List of 684 Hazardous and Toxic
Chemicals
2. Medium Level: List of 179 (Toxic, Reactive,
Explosives) Hazardous Chemicals and Flammable
Chemicals for application of Rules 5 and 7 to 15.
Threshold limits identified for these chemicals
3. High level : 17 Chemicals and their threshold
quantity
STORAGE OF CHEMICALS AWAY FROM
THE MAIN PROCESS
List of 30 Hazardous and Toxic chemicals with
Threshold Quantities.
In case of isolated storages of the same occupier
when the distance between the installations is
less than 500 (Sch-2)
LOW LEVEL
Action by Occupier:
• Identify major accident hazards. Rule 4(2)(a)
• Take steps to prevent major accidents, and to limit the
consequences. Rule4(2)(b)(i)
• Train persons at site and provide equipment for safety.
Rule 4(b)(2)(ii)
• Notify major accidents within 48 hours. Rule (5)
• Prepare MSDS Rule 17(2)
• Label containers of hazardous chemicals. Rule 17(4).
• Inform import of hazardous material. Rule 18(2).
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MEDIUM LEVEL
Actions by Occupier-MAH Unit
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Notify the site and obtain approval (Rule7)
Notify changes if any (Rule 8)
Prepare On-site Emergency Plan (Rule 13)
Mock-drill (six monthly) [Rule 13(4)]
Report on Mock-drill [Rule 13(5)]
Give necessary information to Authorities for Off-site Plan
[Rule 14]
Inform persons in neighborhoods regarding nature of hazards
and safety measures, Do’s and Don’ts [Rule 15]
HIGH LEVEL
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Prepare a Safety Report [Rule 10(1) and Sch- 8]
Update Safety Report (Rule 11)
Independent Safety Audit by an external expert
[Rule 10(4)]
Forward a copy of Safety Audit with comments to
Authorities. [Rule 10(5)]
Carry out fresh Safety Audit once a year [Rule 10
(6)]
MSIHC Rules
Rule 13 PREPARATION OF ON-SITE
EMERGENCY PLAN BY THE OCCUPIER
Occupier to prepare and keep up-to-date an On-Site Emergency Plan with
Specified details (Sch-11) detailing–
• dealing with major accidents on site name of the Person responsible
for Safety on site
• names of authorised persons to take actions as per the Plan in case of
an Emergency.
(2) The Occupier to ensure that the On-Site Plan includes modifications and
all persons on site affected by the Plan are informed accordingly.
(3) The Occupier to ensure to conduct a mock drill of the On-Site Emergency
Plan every 6 months.
(4) Detailed report of mock drill to be made immediately available to the
authority.
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MSIHC Rules
Rule 14 PREPARATION OF OFF-SITE EMERGENCY PLAN
BY THE AUTHORITY
(1) Authority (identified in col.2 of Schedule 5) to prepare and
keep up-to-date an Off-Site Emergency Plan (details as in
Sch.-12)
- giving how emergencies arising out of possible Major
Accident on site would be dealt with
- The authority to consult Occupiers, and other persons
(2) The Authority to provide information to the Occupiers from
Off-Site Plan relating to his duties under the Rule 13.
(3) The authority to ensure conducting a rehearsal of the OffSite Emergency Plan once a Year.
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MSIHC Rules
Rule 15 Information to be given to persons liable to be
affected by a Major Accident
Occupier to arrange to inform persons ( directly or through
District Authority ) likely to be in affected area
(A) nature of Major Accident Hazard;
(B) safety measures and Dos & Don’ts to be adopted in
a Major Accident.
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The Chemical Accidents Emergency
Preparedness and Response Rules
(EPPR), 1996
[Environment (Protection) Act, 1986]
Emergency Preparedness and Response
Rules (EPPR),
Came into force on 2.08.1996
13 Rules and 8 Schedules
Objective
To strengthen the Administrative Response to Hazardous
substance accidents
Supplement the MSIHC Rules of 1989
The rule mandated the constitution of Crisis Groups at 4
levels Central, State, District and Local Level
EPPR
Major Chemical Accident means an occurrence including
any major emission, fire or explosion involving one or more
hazardous chemicals and resulting from uncontrolled
development in the course of Industrial activity or due to
natural events leading to serious effects both immediate or
delayed, inside or outside the installation cause substantial
loss if life and property including adverse effects on
environment
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EPPR
Definition of MAH Installation
“Major Accident Hazard (MAH) installation” means isolated
storage 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;
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EPPR Rules
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Rule 4: Central government shall set up a functional
control room with networking with state and districts
Rule 5 : Functions of the Central Crisis Group
Rule 6 and 7 :Constitution and Functions of the State
Crisis Group respectively
Rule 8, 9: Constitution and Functions of the District
Crisis Group respectively
Rule 10 : Function of Local Crisis Group – Industrial
Pocket level
Rule 13: Providing Information by the CCG, SCG , DCG
and LCG.
STATUS
1949 Major Accident Hazard (MAH)
units spread across 294 district and 26
States and UTs.
 160/294 district prepared offsite plans.
1607 /1949 prepared onsite plans
 21 States constituted SCG and 20 District
CG, LCG data not available
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Public Liability Insurance Act -1991
PLIA -1991 LIABILITY TO PAY COMPENSATION
(No fault Liability)
Enacted on 22nd January, 1991
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to provide public liability- insurance for the purpose of
providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance and for
matters connected therewith or incidental thereto .
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The Act, for the first time, acknowledged the principle of no
fault liability. Liability to pay compensation in cases of principle
of no fault.
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179 chemicals and the threshold limits are given in the Act.
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23 Sections
National Environmental Tribunal
Act, 1995
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Enacted on 17.06.2005, 5 Chapters and 31 Sections
To provide strict Liability for damages arising out of
any accident occurring while handling any hazardous
substance
For the establishment of a National Environmental
Tribunal for effective and expeditious disposal of
cases arising from such a accident
For giving relief and compensation for damages to
persons property and the environment.
Authority shall become defunct and the Act shall stand
repealed upon the enactment of the National Green
Tribunal Bill 2009 currently pending in Parliament
NATIONAL ENVIRONMENATAL APPELLATE
AUTHORIT ACT, 1997
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Ordinance to provide for the establishment of a National
Environmental Appellate Authority to hear appeals with
respect to restriction of areas in which any industries,
operations or processes shall not be carried out under
the EPA.
 Public hearing
 Notice of Public hearing
 Executive Summary of the Project 30 days prior to
the public hearing
 Environmental clearance and certificates
Authority shall become defunct and the Act shall stand
repealed upon the enactment of the National Green
Tribunal Bill 2009 currently pending in Parliament
REGULATIONS ON TRANPORTATION
HAZARDS
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The Motor Vehicle Act 1988
The centre Motor Vehicles Rule 1989
CMVR is last amended on 1st June 2005 which
added list of 2319 Hazardous goods in form of
Table III
Public Liability Insurance Act 1991 ( 60 of 1991)
(w.e.f. 14-11-1994)
Accidents involving Hazardous Chemical carrying vehicles
Nov.91
Near Dahanu
NGL
Dead 100
Ill fitted vehicle , Aadivassi
gathered to collect liquid fuel
Oct. 93
Thane
NGL
Dead 17
Topple on fly over. Roadside
slums stove ignited liquid
Mar. 95
Near Chennai
Benzene
Dead 100
Overtaking , involvement of bus,
tanker and tractor tailor
May. 98
CBD Belapur
Benzene
Dead 12
N.A
Nov. 98
Guwahati Assam
LPG
Dead 11
N.A
Dec. 98
Bihar
Kerosene
Dead 50
N.A
Jan. 01
Kanpur
LPG
Dead 12
For ,sudden braking
Dec. 01
Kazhikode
Ammonia
Dead 2
Narrow road, rash driving
Jan. 04
Sion-Mumbai
Benzene
Feb. 04
Kamshet Old
Pune –Mumbai
RD
Kerosene
Dead 3
Hilly road, rash driving
Sept.
04
Kolkatta NH34
Diesel
Dead 6
Carried passengers, rash driving
Wrong rout , rash driving
Provisions in Motor Vehicles Acts and Rules
Are Related to
1) Driver – Qualification, Knowledge, Training & Refresher
Training CMVR Rules – 9, 14(2)
2) Vehicle – Display of Marks, Protective equipment
3) Product – Classification
4) Owner of the Vehicle /
Responsibility towards
Haulage / Transporter
awareness, driver, vehicle and
5) Consigner
products.
6) Consignee
7) Society - Public liability insurance
8) Enforcement Agency – To keep the check on the awareness
and implementation of the provision of the law.
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PROVISIONS RELATED TO VEHICLE
RULE 129
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goods carriage
Display a distinct mark of the class label on vehicle & every package
containing dangerous or hazardous or hazardous goods
Display the distinct class label which represents two hazards shall
display distinct labels to indicate both the hazards goods carriage
safety equipments preventing fire, explosion, or escape of hazardous or
dangerous goods.
Techno graph fitment (an instrument to record the lapse of running
time of the motor vehicle : time speed maintained acceleration.,
declaration, etc.) conforming to the specifications of the Bureau of
Indian Standards.
Spark arrester (R-129A).
2) Manner of display of class labels (R 130).
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Size of the class label at an angle of 45 degrees > 25 mm2
water proof class label should be contrasts colour with the background
Class label displayed on does not obscure any other making
Class label should be exhibited on all four direction and places as
shown
DM Act 2005
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Came into force on 26 December 2005
An act to provide for the effective management
of Disasters and for matters connected there
with or incidental there to
Comprehensive Act
covering natural and
human induced disasters
11 Chapters and 79 Sections
Cover all phases of Disaster Management
DM Act 2005
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Chapter 1 – definitions
Chapter 2, Section 3-13– NDMA
Chapter 3 –Section 14- 25- SDMA
Chapter 4 – Section 25 and 35 -DDMA
Chapter 5 – Measures by the Government
Chapter 6 – Local Authority
Chapter 7 – National Institute of Disaster Management
Chapter 8 – National Disaster Response Force
Chapter 9 – Finance , Accounts and Audit
Chapter 10 – Offences and Penalties
Chapter 11- Miscellaneous
DM Act 2005
Definition of Disaster
Catastrophe, mishap, calamity or grave
occurrence in any area, arising from natural or
man-made causes, leading to accident, and
resulting in substantial loss of life or human
suffering or damage to, and destruction of
property, or damage to, or degradation of
environment, and is of such a nature and/or
magnitude as to be beyond the coping capacity of
the community of the affected area.
DM Act 2005
Definition of Disaster
A continuous and integrated process of planning,
organising ,coordinating, and implementing
measures which are necessary or expedient for –
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Prevention of danger or threat of any disaster
Mitigation or reduction of risk of any disaster
Capacity Building
Preparedness
Prompt Response
Severity or Magnitude assessment
Evacuation, Rescue, Relief
Rehabilitation & Reconstructio
National Guidelines by NDMA
1. Management of Earthquakes (April 07)
2. Chemical (Industrial) Disasters (April 07)
3. Preparation of State Disaster Management Plans
(Jul.07)
4. Medical Preparedness and Mass Casualty Management
(Oct 07)
5. Management of Floods (Jan 08)
6. Management of Cyclones (Apr 08)
7. Management of Biological Disasters (Jul 08)
8. Nuclear and Radiological (published in Feb., 09)
9. Management of Landslides and Snow Avalanches (Jun.09)
10.Management of Chemical (Terrorism) Disasters (Aug.09)
www.ndma.gov.in
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INTERNATIONAL REGULATIONS
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Rotterdam Convention - PIC (1998/2002/2005)
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Stockholm Convention 2001/ 2004/ 2006
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73 signatories, 39 Chemicals
protect human health and the environment from
POPs, 2004, 152 signatories
Basel Convention 1989
STRENGTHS
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Covers various aspects of the disaster management cycle
by protecting and safe guarding environment
Human rights
Ecological Security
Control of pollution
Ensuring safety measures
Clearing of cases
Assurance of compensation
Risk transfer
Techno-legal issues
Long term developmental issues since the beginning of a
project
GAPS
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Status of Implementation
Overlap/ lack of clarity among the mandates of
ministries and departments
Human resource constraints
Punishments are not deterrent
Incentive approach is lacking
DM rules are yet to come
THANK YOU …………..
[email protected]
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