ENVIRONMETAL LAWS ENFORCMENT Presentation By MIAN MUHAMMAD NAWAZ

ENVIRONMETAL LAWS & ENFORCMENT Presentation By: MIAN MUHAMMAD NAWAZ DISTRICT OFFICER, ENVIRONMENT RAWALPINDI.

SCHEME OF PRESENTATION 1) BASIC CONCEPTS / DEFINITIONS 2) PLGO-2001 3) PEPA-1997 4) Environmental Provisions under other laws 5) PICTORIAL VIEW

Basic Concepts / definitions

DEFINITION OF ENVIRONMENT • a) • b) • c) • d) • e) • f) • g) 'environment" means , air, water and land , all layers of the atmosphere ; all organic and inorganic matter and living organisms ; the ecosystem and ecological relationships ; buildings, structures, roads, facilities and works ; all social and economic conditions affecting community life ; and inter-relationships between any of the factors in sub-clauses (a) to (f);

Punjab Environmental Protection Act (PEPA), 1997 • Section 12 Initial Environmental Examination and Environmental Impact Assessment-(1) No proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an initial environmental examination or, where the project is likely to cause an adverse environmental effect, an environmental impact assessment and has obtained from the Federal Agency approval in respect thereof.

Definition of Project Under PEPA, 1997 (Amended-2012)

Definition of Pollution Under PEPA, 1997 (Amended-2012)

Definition of Adverse Environmental Effect Under PEPA, 1997 (Amended-2012)

Sources of Pollution Matter (solid , fluidic, Gaseous, Infectious, Corrosive, Explosive, Toxic, Poisonous, Hazardous , Obnoxious odours , Bacterial , Viral etc ) Energy (Noise, Vibration/ Tremor/ Thrill, Heat, Radioactive / Electromagnetic / Ultra violet / Microwave Rays , shocks, Light etc ) Matter and energy (Storms, Vulcano, Sonami, Chemical/ Photochemical Reactions etc) Social Activities (Filthy Gestures/ Face Impressions, Wandering, Body gestures, Gender related exposures, Visual Impacts etc) Qualitative (Related to aesthetics / visuals /Scenic / unhygienic /Managerial / House Keeping / Handling / Health & Safety / Matters related to Observance etc. ) Quantitative (Measurable pollutants or having NEQS)

PROVISIONS OF POLICE SUPPORT 1. Police Support under Section 146 C of PLGO for any action or Raid. 2. Police Support under Section 34 of the Police Order 2002 for enforcement of any office order. 3. Call Police on 15 for any help during any raid/action. 4. Register FIR on obstruction/breaking Seals (Section 186 of the Pakistan Penal Code-1860) 5. Register FIR on disobeying orders/directions (Section 188 of the Pakistan Penal Code-1860)

USE OF PLGO, 2001 TO SUPPORT THE PROVISIONS PEPA

Domain of responsibilities • An Enforcement Inspector on environmental issues should take action on all the acts/activities /violations causing or likely to cause public discomfort / environmental problems. • Stop / Seal the commencement /operation of illegal projects / industrial units/ Activities and direct the owners to get mandatory approvals under local and Special laws. • Stop / Seal the power Generators being installed in the residences causing public nuisance. • Take action against the persons using indiscriminate fuels like tyres, rubber, plastic etc. • Seal / take actions against the violators of PLGO, PEPA, HWM-Rules 2014, Polythene Ordinance. • Take action against the works not confined in their Work Places or having unhygienic environment, causing encroachments, offensive odours, vibrations, noise, discomfort, adverse social impacts and established contrary to the status of the locality.

PUNJAB DISTRICT GOVERNMENT RULES OF BUSINESS, 2001 (Duties of Environment Department). 1. 2. 3. 4. 5. 6. 7. To assist Provincial Environmental Protection Agency (E. P. A. ) in discharge of its functions under Pakistan Environmental Protection Act. 1997. To excise personal administration and financial management of the subordinate staff. To regulate motor vehicles subject to the provisions of Pakistan Environmental protection Act, 1997 and the rules and regulations made there-under. To ensure, guide and assist the proponents of new projects in submission of Initial Environmental Examination (IEE) / Environmental Impact Assessment (EIA) to the D. G. Punjab EPA for approval. To ensure implementation of environmental protection and preservation measures in all projects at the end to sensitize agencies on environmental issues. To identify the needs for legislation in various services of the environmental matters. , To encourage the formation and working of nongovernment organizations, to prevent and combat pollution and promote sustainable development.

PUNJAB DISTRICT GOVERNMENT RULES OF BUSINESS, 2001 (Duties of Environment Department) 8. 9. 10. 11. 12. 13. To undertake regular monitoring of projects financed from the Provincial Sustainable Development Fund and to submit progress reports to the DO Punjab EPA for publication in the Annual report. To request the Environmental Magistrate or the Environmental Tribunal to take cognizance of an offence triable under the provisions of the PEPA, 1997. To submit quarterly progress reports and a consolidated annual report to the DG Punjab EPA. To enlist the support of Government Departments at district level notable the education and health institutions in campaigns for building public awareness. To influence procedures and programmers of various agencies and departments in the district to support environmental safeguards in their own systems. To undertake any other duties and functions as assigned by the DG Punjab Environmental Protections Agency (EPA) and or Provincial Government.

GENERAL POWERS OF ENFORCEMENT INSPECTORS (SEE SECTION 146 -D OF PLGO-2001) An Inspector nominated by the Zila Nazim may in addition to imposition of fine: - a) Suspend any work; b) Seize the goods; c) Seal the premises; d) Demolish or remove work; e) Issue direction for taking corrective measures; f) Issue hearing notices under para # 48(2) of 6 th Schedule. Note: An Inspector can get Police support U/S 146 -C

APPELLATE AUTHORITIES ( Under PLGO 2001 ) 1) As per Punjab Local Government Appeal Rules 2002, the Appellate Authority under section 190 of PLGO 2001 is the DCO. 2) Appeal against the orders of DCO can be filed before the Secy. Local Govt or Secy. Concerned 3) The Decision of the courts are appealable subject to the provisions of the Cr. PC 1898 (see Section 146 -A of PLGO-2001).

PROCEDURE TO DEAL UNDER PLGO Public Complaints, Legal Notices, Own Accord Within two days of receiving Site Inspection Report Personal Hearing Undertaking/ Affidavit Within FOUR days Direction/ Sealing Follow-up Visit on PCO or Undertaking If Complied Case Filed Within SEVEN days If Non Complied Judicial Magistrate/ DCO (in case of sealing) Fine up to Rs. 15000 & Three Months Imprisonment

Environmental Protection Act-1997 (Amended-2012)

Frame of Penalties Environmental Tribunal (In case of conviction under Section 11, 12, 13, 16 17/7 of the Act) Ø Imprisonment upto two years Ø Fine upto Five million. Ø Additional fine upto 1 lac per day. Ø Compensatory cost upto 1 lac on false complaint Ø Closure of factory / project Ø Compensation of victim Ø Confiscation of factory/ machinery Ø Restoration of environment on convict costs Environmental Magistrates (In case of conviction under section 14 and 15) Ø Fine upto 05 lac rupees Ø Additional fine upto one thousand per day. Ø Compensation of loss caused by the convict. Ø Closure of factory Ø Restoration of Environment. Ø Confiscation of material. Director General, EPA Ø Imposition of Administrative penalty Ø Reccover administrative penalty as arears of land revenue

Judicial Set up under PEPA-1997 Initial Trial Proceeding before DG, EPA. Appellate Jurisdiction/ Conviction Ø Environmental Tribunal Ø Lahore High Court, Lahore (D. B) Summary / Regular Trial Environmental Magistrate Court of Session

ENVIRONMENTAL MAGISTRATES 1. ALL SENIOR CIVIL JUDGES ARE NOTIFIED AS ENVIRONMENTAL MAJISTRATES 2. E. M. HAVE JURISDICTION TO PENALIZE U/S 14 &15 OF PEPA-1997 3. E. M. HAVE ALSO JURISDICTION TO PENALIZE OFFENDERS OF THE PUNJAB PROHIBITION ON MANUFACTURE, SALE, USE AND IMPORT OF POLYTHENE BAGS ORDINANCE-2002. 4. THE MEDIUM OF TRIAL IS Crp. C. 5. UNDER THE POLYETHENE ORDINANCE THE MANUFACTURING OF BLACK POLYTHENE OF ALL THICKNESSS AND THE POLYTHENE BAGS <15 MICRONS THICKNESS ARE PROHIBTED.

Environmental Tribunal • Chairperson • Legal Member = Eligible to be appointed as judge of High Court = Sitting Session Judge • Technical Member = B. Sc Engineering + 17 years experience

ENVIRONMENTAL TRIBUNAL The Cases from the following 4 sources can be filed to adjudicate in the tribunal: Private individuals – Private complaint can be filed on expiry of 30 days after moving a notice to the concerned Environmental Protection Agency. a) Federal or Provincial EPA. b) Nazim (through DCO or EDO Works/MS or DOE) of Local Government/Council under Section 21(3)(a) of PEPA-1997. c) The private individuals can also file appeals feeling aggrieved from the actions of Environmental Protection Agencies.

PROCEEDINGS UNDER PEPA-97 (Authority = DG EPA) SIR + Numerical Measurements of Pollutants / Offences ê Hearing U/S 16(1) ê EPO U/S 16(2) ê Follow up visit on EPO ê Complaint to Environmental Tribunal (non-compliance cases) ê Penalties U/S 17 (Rs. 5 M, if contravention continues then additional fine extendable to one hundred thousand rupees / day) ê Appeal by convicted person U/S 23 before DB of LHC

PROCEEDINGS UNDER PEPA-97 (Authority = DGEPA) ENVIRONMENTAL IMPACT ASSESMENT CASES U/S 12 SUBMISSION OF IEE/ EIA CASES BY THE PROPONENT ê SIR BY DO(ENV. ) ê REVIEW OF CASE BY IEE/EIA REVIEW COMMITTEE ê PUBLIC /STAKE HOLDER’S HEARING ê REMOVAL OF OBJECTIONS BY THE PROPONENT ê ISSUANCE OF ENVIRONMENTAL APPROVAL ê MONITORING BY DO(E) ê COMPLIANCE OF CONDITIONS OF ENVIRONMENTAL APPROVAL ê OPERATIONAL PHASE ENVIRONMENTAL APPROVAL

MAJOR OFFENCES Ø Violation of NEQS by discharges or emissions or waste under section 11. Ø Non submission of Initial Environmental Examination and Environmental Impact Assessment under Section 12 Ø Unauthorized import of hazardous waste under Section 13 Ø Violation of license for handling of hazardous substances under Section 14 Ø Disobey the direction given under Section 15(2) to control vehicular pollution Ø Non compliance of Environmental Protection Order under Section 16. Ø Non deposition of Administrative penalty under Section 17/7. Ø Causing adverse Environmental effects through any activity. Ø Non deposition of pollution charges under Section 11. Ø Causing damage to human health, property, safety and environment. Ø Causing any hindrance in discharge of official duty Ø Disobey the direction of Punjab. Environment al Protection Council.

RULES & REGULATIONS UNDER PEPA-1997 Ø Ø Ø Ø Self Monitoring and reporting by industry rules-2001. Tribunal Rules 1999 Environmental Certification Regulations-2000. Environmental Samples Rules-2001. Provincial sustainable development fund (utilization) rules-2001. Provincial sustainable development fund (procedure) rules-2001. Industrial Pollution Charge (Calculation & Collection) Rules-2001. Review of IEE / EIA Regulations-2000. Hazardous Substances Rules-2003(Draft). Administrative Penalty Rules-2003. Environmental Tribunal Rules-2000. Bio-safety Rules-2005. Bio-safety Guidelines. Punjab Hospital Waste management Rules, 2014. National drinking water Quality Standards. National Environmental Quality Standards-2000. Ø Sectoral Guidelines on EIA / IEE / Checklists Ø Checklists issued by Pak EPA, B-EPA, NWFP- EPA. (The Checklists prepared by B-EPA & NWFP- EPA have been adopted by Pak- EPA. )

Environmental provisions under other laws

PAKISTAN PENAL CODE Sec 268: Public Nuisance Sec 268 to 294 -B: Offence affecting Public Health Sec 269: Negligent act likely to spread infection of disease Sec 270: Malignant act likely to spread infection of disease dangerous to life. Sec 278: Making atmosphere Noxious to health Sec 284: Dealing with any poisonous substance so as to danger human life etc. Sec 285: Neglegent conduct with combustible matter

Environmental Provisions • • PEPA-1997 (Environmental Pollution) PLGO-2001 (Minor Environmental Offences) PPC-1860 (Nuisance/Public Health, Safety) Constitution of Pakistan-1973 (Secs# 9, 14 and 199 -Basic / Constitutional Rights / Right to life) • WTO (Environmental Friendly Manufacturing) • Self Monitoring and Reporting by Industry • International Treaties

POLICE ORDER 2002 Police to function according to constitution, law and democratic aspirations of the people. Police to be professional, service oriented and accountable to the people. Police to ensure efficient prevention and detection of crime and maintenance of public order. Police support (Article 34) Attitude and responsibilities of Police towards the public (Article 3). Duties of Police (Article 4).

Courts / Appellate Authorities: DCO (Appellate Authority) Environment Tribunal (Court / Appellate Court) Environmental Magistrate (Court) High Court (Court / Appellate Court) Magistrates (Nuisances / Environmental Offenses) Supreme Court (Court / Appellate Court) Provincial Ombudsman (Public Complaints)

CERTIFIED ENVIRONMENTAL LABS 1) 2) 3) 4) 5) 6) 7) 8) National Institute for Bio Technology & Genetic Engineering (NIBGE), Faisalabad Solution Environmental & Analytical Laboratory (SEAL), Lahore APEX Environmental Laboratory, Lahore Global Environmental Laboratory, Lahore Analytical Laboratory, Institute of Chemistry, University of Punjab, Lahore SGS Laboratories, Lahore NFC Laboratories, Faisalabad Environment Protection Agency, Punjab, Lahore, Rawalpindi, Faisalabad, Sheikhupura, Rahimyar Khan, Multan, Sialkot.

ENVIRONMENTAL PROTECTION METHODS

SOLID WASTE • • Compositing. Sanitary Land Filling. Waste to Energy. Refuse Derived Fuels. Anaerobic Decomposition (Methanization). Pyrolysis (Carbonization). Incineration. Material Recovery Facility (MRF)

LIQUID WASTE • Oxidation Pounds (for sewage). • Activated Sludge Treatment (for Industrial effluent). • • • Coagulation. Disinfection (for hospital waste). Anaerobic Treatment (for distilleries). Ionization and Electric precipitation. Filtrations.

AIR POLLUTION • • • Wet Scrubbers. Mechanical Scrubbers. Chemical Scrubbers. Cyclones. Electric Precipitators.

NOISE POLLUTION • • • Sound Barriers. Sound Lining. Sound Absorbers. Use of Rubbers Pads. Overhauling of Machinery. Sandi ditch around the vibrating body. Proper Isolation. Silencers. Damping of Vibrating body. Sound Reflecting Fins.

BIO MEDICAL WASTE • • • Auto Clavings (Thermal treatment). Chemical disinfection. Radiation. Biological Process (use of enzynes). Mechanical Process (Shredding, grinding, liquid-solid separation). Incineration. Deep Burial. Pyrolysis. Sanitary Landfill.