Permissibility for Emission/ Discharge of Environmental Pollutants

  • Act/Rule/Legislation

  • Online Link to Act/Rule/Legislation

  • Initial Setup or Ongoing Maintenance

    Ongoing compliance requirement

  • Filing and Maintenance Requirements

    Discharge of any environmental pollutants in excess of prescribed standards, as issued by CPCB and SPCB under schedules I to IV of the Environment Protection Rules, is not permitted by any person carrying on an industry, operation or process. Further, the Central Government is empowered to issue notifications from time to time identifying certain areas where industries/ units are prohibited from being located.

    This regulation applies to any industry, operation or process is required to comply with the standards, as specified under schedules I to IV of the Environment Protection Rules, with regard to any emission or discharge of the environmental pollutants as specified in the schedules to the rules, within 1 (one) year of being specified.

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  • Penalty

    The following penalties apply:
    •Penalties for the first failure or contravention of the compliance requirements under the Environment Protection Act may attract:
    •Imprisonment for a term extending up to 5 (five) years; or fine extending up to Rs. 100,000 (Rupees One Hundred Thousand only); or with both.
    •Further, continuation of the offense attracts a fine of Rs. 5,000 (Rupees Five Thousand only) per day from the day of conviction for the first failure or contravention.
    •Contraventions or failures to comply in excess of 1 (one) year from the date of conviction for the first contravention or failure may attract imprisonment for a term extending up to 7 (seven) years.

  • Application Guidelines / Responsible Persons / Comments

    The Environment Protection Act (and certain rules issued thereunder) regulates the discharge of environmental pollutants (defined as solid, liquid or gaseous substances present in such concentrations which may be, or tend to be, injurious to the environment) over certain specified limits, as mentioned in schedules I to IV of the Environment Protection Rules. The Environment Protection Act also lays down procedures for the handling of identified hazardous wastes and creates a regime for environmental impact assessment and project clearances.

    Any person who was in charge/ responsible for conduct of the business of a company when such offence was committed by the company will be held guilty of the offence and be liable for punishment accordingly. The only protection available from prosecution is to prove that the act was committed without knowledge of the concerned person or it could not have been prevented despite due diligence