ENVIRONMENTAL REGULATIONS

BY
K.H MUTHUKUDA ARACHCHI
Deputy Director General
Envt. Pollution Control Division
Central Environmental Authority

ENVIRONMENTAL REGULATIONS AND THE
ROLE OF THE CENTRAL ENVIRONMENTAL
AUTHORITY IN INDUSTRIAL WASTE WATERMANAGEMENT
THE PERFORMANCE OF INDUSTRIAL SECTOR•Contributed Rs. 635,199 million – 2007
•Representing 28.5% of the total
production (GDP)•Agriculture
A i lsector 11.9%
11 9%•Service sector 59.6%

1

THE TREND OF THE INDUSTRY SECTOR
 In

2006, grown by 8.1% than in 2005.
 In 2007 – reduced up to 7.6%.
 The growth rate of the industry sector
had increased beyond the growth rate ofservice sector by intersecting service
sector line during 2004 (prevailed
still)

MAJOR INDUSTRIAL SECTORS CONTRIBUTINGTO WATER POLLUTION
Chemical Industries
Food and Beverages
 Alcohol
Al h l andd alcoholicl h li beveragesb Metal finishing Industries
 Dairy Industries
 Textile Industries
 Leather Tanning Industries
 Rubber Processing Industries
 Desiccated coconut Industries
 Agrochemical Industries
 Pharmaceutical Industries
 Clay & Glass Industries2

CHRONOLOGY OF THE REGULATORYPROVISIONS
 1980-National Environmental Act (NEA)

No. 47
 1981- CEA Established 1988- NEA Amended to include Regulatory
Provisions – Amendment Act No. 56 of 1988
Regulatory tools.
 Environmental

Impact Assessment Procedure(EIA
PProcedure
d
f
for
major
j
projects)
j t ) Environmental Protection Licencing Procedure (EPL
procedure for prescribed Industries/Activities)

1990

and

Regulations gazetted in relation to EPL
Waste Water Discharge Standards.
No 595/16
Gazette Extraordinary No.
dated 1990 February 02.

2000- NEA Amended to Prescribe the EPL
Requiring
Activities – Amendment Act No.
53.


Gazette Extraordinary No. 1159/22 dated



Gazette Extraordinary No. 1533/16 dated

2000 November 222008 January 25.

3 2008- Regulations gazetted inrelation to scheduled waste
management and revised waste water
discharge standards.
 Gazette Extraordinary No. 1534/18
dated 2008 February 01

THE LAWS RELATING TO INDUSTRIAL POLLUTION(1) General Laws
(2) Special Laws

4

GENERAL LAWS
Provisions in the Municipal Council
Ordinance
Ordi Industrial Pollution
 Section

136 A“Any person who, within the administrative
limits of a Municipal Council operates any
factory which causes “pollution”
pollution
as toendanger or prejudice the health of theneighbourhood, shall be guilty of an offence”.

UNDER THIS SECTION;
 The magistrate can,depending on thed gr ofdegreef pollution,
ll ti
make
k a fifine on thethoffenderor Even has the power to order the“closure”
closure of such factory.
factory

5

CONTAMINATION OF WATER WAYS
 Sector

196 prohibits the pollution
orContamination of streams which flow into
reservoirs or water works and any person
who contravenes this provisions is guilty
of offence and on conviction before amagistrate; Shall be liable to a fine not exceedingRs. 50/- and If such offence is continued andadditional fine not exceeding Rs. 10/- canbe imposed for each day the offence iscommitted and continued.

SALIENT FEATURES OF MC ORDINANCE
 The penalty forthe violations are

rreally
ll minimal.
i i l Does not have a deterrent effect onanyone.
 Especially not on industrialists.
 But closure order will make a deterrent
effect.

6

PROVISIONS OF THE NUISANCE ORDINANCE
 Very old

ordinance
 Has important provisions with regard topreservation of public health andsuppression of nuisances.
 Anyone who contravenes the provisions of
the ordinance is guilty of an offence
and shall be liable to a fine notexceeding Rs. 50/-PROVISIONS UNDER THE CRIMINAL PROCEDURE
CODE OF 1979 The procedure forthe abatement ofpublicbli nuisanceiisi llaid
id ddown hhere.
r According to section 98 of this code any
person can report to the court of theexistence of a public nuisance.

7 Magistrate being satisfied thatapublic nuisance exists will issue a
conditional order for the abatement
off ththatt nuisance.
i The offender must take action toabate or rectify the nuisance within
the time period stipulated in theorder.
 If such person does not perform suchact within the given period theconditional order shall be madeabsolute. i.e. if the offender is anindustrialist the relevant facility
i li blbld d

SPECIAL LAWS
 Provisions in

the National Environmental Act
and its Amendments.
Part I
Part II
thePart IIIP rt IV
Part
Part IVAPart IVB
Part IV C
Part V- Establishment of CEA- Powers, functions and duties of
Authority.
- Staff of the Authority- Environmental
E ir
t l ManagementMgt
Environmental Protection
Environmental Quality
Approval of Projects
General8Part IV A
Section 23A, B, C, D, E of NEA provide
for Environmental Protection.
 Contains the enabling legal frame work
for issuance of a licence known as
Environmental Protection Licence.
 Became operative from 1st July 1990.


 According to

23A of NEA“No person shall discharge, deposit oremit waste into the environment which
will cause pollution” except.
(a) Under the authority of a licenceissued by
the Authority (CEA)(b) InI accordancedwithi h suchh standards
d d andd
other criteria as may be prescribedunder this Act.

9

AMENDMENT ACT NO 53 OF 2000
23A :1.
The minister shall determine by order published in1
the Gazette the activities in respect of which alicence is required to be obtained under this Act(“Prescribed activities”) being activities which
involve or result in discharging,depositing or
emitting waste into the environment causingppollution.
2. No person shall carry on any prescribed activity
except;(a) under the authority of a licence issued by
the Authority.
(b) In accordance with such standards and othercriteria as

WASTE WATER DISCHARGE STANDARDS
Tolerance limits for the discharge of Industrial waste
into Inland Surface waters.
 Tolerance limits for Industrial waste Discharged on land
for irrigation Purposes.
 Tolerance limits for Industrial and Domestic waste
Discharged into Marine Coastal Areas.
 Tolerance limits for waste from Rubber Factories being
Discharged into Inland Surface waters.
 Tolerance limits for waste from Textile Factories being
Discharged into Inland Surface Waters.
 Tolerance limits for waste from being Discharged from
Tanning Industries.
 Tolerance limits for discharged of effluents into public
Sewers with Central Treatment Plants.
10THE PROVISIONS IN THE REGULATIONS
 In

the following instances, the Authorityi.e.
can, by order suspend or cancel
i e CEA cana licence issued to any person.
If that person violates any of the terms andconditions or standards of the licence; or:(b) Since the issue of the licence, the receiving
environment has been altered or changed due
to natural factors or otherwise; or(c) Where the continued
discharge/deposit/emission of waste into theenvironment under the licence will or could
affect any beneficial use adversely.
(a)

SECTION 33 DEFINES “BENEFICIAL USE” AS
FOLLOWS;“A use of the environment or any portionth r f that
thereofth t isi
conducived ittopublicbli
benefit welfare, safety or health andwhich requires protection from theeffects of waste discharge, emissions,and deposits”.

11

IMPOSING MORE STRINGENT STANDARDS The CEA

is empowered to impose more
stringent
than ththose specified
tri g t standards
t d rd th
ifi din the gazette No. 1534/18 dated 2008
Feb. 01 in respect of any industry,
operation or process having regard to
the need to protect the receiving
environment.

The licence (EPL) will only be issued if it issatisfied that(a)the licence will not be
contravene
theprovisionsoftheregulations.
(b)

for

used

to

Act

or

no irreversible damage or hazard to man
and environment or any nuisance will
result from the acts authorized by thelicence.

(c) the applicant has taken adequate steps
the protection of the environment inaccordance with the requirementsof12Every person who carries on any
prescribed activity (industry) incontraventionof
this
section(Section
23 A (1) (2) shall(S ti
h ll beb guilty
ilt
of an offence an on conviction be
Liable to a fine not less than ten
thousandrupees
or
to
a
term
of
imprisonment not lessthan one year or to both such fineandimprisonment and( ) R
ir d t
bt i
ithi
h
ri d
(a)

CLOSURE ORDER
Where any person convicted continues tocarry on such activity without obtaining
a licence within the time determined bycourt,
the
court
shall
upon
an
application for closure being made by
the Director General or any Officer
authorized in that behalf by the
Director General order the closure of
the factory or premises carried on,
until such person obtains licence (EPL)
and copy of the licence so obtained is
produced before court.

13

THE EPL
Objectives:
 To prevent or minimize the discharges
and emissions into the environment Fromthe prescribed activities in thegazette 1533/16 dated 25.01.2008.
 In compliancepwith the national dischargegand emission standards.

 To

develop an approach to Pollution
Control through
Th
 The

b
i bl EEnvironmentalil OOptioni
bestpracticable(BPEO)
 Best Available Techniques Not Entailing
Excessive costs BATNEEC.

14 TheEPL issued to a prescribed
activity will stipulate the standards
and criteria under which such angactivityy is allowed to discharge
their wastes.

 The

EPL issued to a prescribed
activity is legally binding on suchactivities.
activities

 The

violation of the conditions in
the EPL is an offence punishable
under the provisions of NEA.

 The holder ofan EPL is under the
obligation to comply with any
directive given by the CEA to preventor mitigate environmental pollution
and hazards.

 The EPL

shall ensure that monitoringof environmental pollution
pollution.
or Other acts the CEA considers
necessary to protect the environment.

15

ENVIRONMENTAL QUALITY
 Section

23G, 23J and 23M (subject to section

23A))
 No

person shall(a)deposit or emit waste into the inland
watersof Sri Lanka.
(b)discharge or emit waste into theatmosphere.
(c)discharge or emit waste into the soil.
Except in accordance with such standards orcriteria as may be prescribed under the NEA.

Section 23H:
Section 23H stipulates that no person
h ll pollute
ll t any inlandi l d waterstshall
or causeor permit to cause pollution so that thephysical,chemicalorbiologicalcondition of waters is so changed as tomake those waters unclean, noxious or
poisonous, impure, detrimental to thehealth welfare,
health,welfare safety or property ofhuman beings, poisonous or harmful toanimals, birds , wildlife , fish plants
or other forms of life detrimental toany beneficial use made of those waters.

16

OFFENCES
Pollution of inland waters and atmosphere
Section 23H(3) and 23J(3) respectively
states that every person who contravenes
the provisions of section 23H(I) and
23J(I) respectively shall be guilty of an
offence and on conviction shall be liableto;(a)a fine not less than Rs.
10,000/- and notexceeding Rs. 100,000/- and in
the eventthe offence is continued, Rs.
/(b)adoption.

take corrective measures within aperiod specified
by the Court andfurnish to Court proof of such(c)after aif the offence is being continued
period of 3 weeks, the Court canupon anGeneral ororder suchclosed down

application

made

by

the

Director

authorized person on that behalf,
factory, trade or business to be
until corrective measures are taken.

(d)

Wh

f il

t

l

ith

17

DISCHARGE OF OIL INTO INLAND WATERS
 Section 23Vof the NEA provides that no
personcan discharger
di h rg orr spill
ill oilil orr
mixture containing oil into the inland
waters of Sri Lanka and any person who
contravenes this provision is liable onconviction to a fine not less than Rs.
10,000/- and not exceeding Rs. 100,000/or to imprisonment for a term notexceeding 2 years.

GENERAL PROVISIONS
Under the provisions of increase of Fines
A t No.
ActN
12 off 2005 theth finesfiunder
d r abovebdescribed sections have been increased
as follows.
“a fine not less than Rs. 15,000/and not exceedingg Rs. 125,000/-”,/

18

Under section 24A the Director General or any otherauthorized officer has the power to enter any land andpremises and(a) examine any equipment or industrial plant
plant.
(b) take samples of pollutants, fuel, substance ormaterial.
(c) examine documents regarding the performance ofsuchplants.
(d) take photographs of such equipment or takecopies of
documents.
Any person who prevents or obstruct these officers
in their investigations shall be guilty of an offence.

PENALTY FOR OFFENCES FOR WHICH NO
PUNISHMENT IS EXPRESSLY PROVIDED FOR
Section 31:
Every person who contravenes or fails tocomply with any provisions of this Act orof any regulations made thereunder forwhich no punishment is expressly provided
for shall be guilty of an offence and on
conviction before a Magistrate shall be
liabletoimprisonmentofeitherdescription for a term not exceeding two
years or to a fine not exceeding ten
thousandrupees
or
to
both
such
imprisonment and fine.

19

SECTION 24B - AUTHORITY TO ISSUE
DIRECTIVES
Under section 24B the Authority has thepower to issue directive to any person
engaged in any development project orscheme which is causing or is likely tocause damage to the environment, to takepreventive measures.
In the event such order is not complied
with, the authority can apply to theMagistrate for temporary suspension ofsuch project until corrective measures aretaken.

OTHER ADMINISTRATIVE PROCEDURES TO CONTROLPOLLUTION FROM INDUSTRIAL ACTIVITIESIssue Environmental Recommendations for siting ofindustries.
Gt concurrence ffor BOI iindustries
d t ihiissuing
i
it
Grant
when
site
clearence and EPL
Committee for determining the siting of high & medium
polluting industries outside industrial estates and EPZs
Technical Advisory Committee for Management ofIndustrial Chemicals (TACMIC)
E – Waste management programme among identified stakeholders.

20

NEW INITIATIVES..


Advisory committee on eco friendly livestock farming– advisoryy committee consists of livestock sector,,
health and local government authority was formed tosolve environmental problems created by livestockindustry and to assist them in pollution control.



National Green Awards – recognizes the industries,
schools and local government authorities who haveoperationalized the green idea.



Promote Cleaner production principles

NEW INITIATIVES

Preparation of guidelines to Site industries at up stream towater intakes. A joint cabinet paper submitted by CEA and NWS&DB
for policy on locating high polluting activities down streams of
the water intakesintakes- but it has approved subject to someamendmentsCompliance assistance centers for small & medium enterprises –identified stake holder participation to assist in pollution
control through low cost techniques2122