Lok Sabha Question No. 4020 (UNSTARRED), answered on 2021-03-19
Subject: Penalty for Environmental Violations
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: P. Velusamy

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOKSABHA UNSTARRED QUESTION NO. 4020.

TO BE ANSWERED ON 19.03.2021

## Penalty for Environmental Violations

## 4020. SHRI VELUSAMY P.:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether the Government proposes to modify the existing environmental law to impose a  penalty  of  twenty  crores  on  major  environmental  violations  with  an  additional penalty of Rs. 1 crore per day, in view of continued damage;
- (b) if so, the details thereof;
- (c) the manner in which the penalty amount is likely to be utilized;
- (d) whether the companies or institutions would be in a position to pay the said quantum of penalty and if so, the details thereof; and
- (e) the action taken against the erring institutions or companies which are unable to pay the penalty amount?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI BABUL SUPRIYO)

(a) & (b):  No Sir, as per Section 26 of National Green Tribunal (NGT) Act, 2010 in case of non-compliance  a  penalty  of  ten  crore  can  be  imposed  with  additional  fine  of  twenty-five thousand rupees per day in case contravention continues after conviction for the first failure. In case a company fails to comply with any order or award or a decision of the Tribunal such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day.

(c) to (e): Hon'ble NGT in O.A. No.593/2017 WP (Civil) No.375/2012, Paryavaran Suraksha Samiti & Anr. Vs. Union of India & Ors, has observed that 'Environmental compensation is a  policy  instrument  for  the  protection  of  environment  which  works  on  the  polluter  Pays Principle'.  Subsequently,  Central  Pollution Control  Board  (CPCB) was  directed to prepare guidelines for methodology for assessing Environmental Compensation (EC) and Action Plan to utilize the funds. The following methodology and Guidelines for utilization of fund were approved by Hon'ble NGT:

1. Environment Compensation to be levied on Industrial Units
2. Environment Compensation to be levied on Plastic Waste Management rules
3. Environment Compensation to be levied on E-Waste Management rules
4. Environment Compensation to be levied on Hazardous-Waste Management rules
5. Environment Compensation to be levied on Bio-medical Waste Management rules
6. Environment Compensation to be levied on non-compliance CETPs, etc.

Appropriate  weightage  is  given  to  the  categorization  and  scale  of  operation  of  the  noncomplying entity while calculating environmental compensation.  As per Hon'ble NGT O.A. No.  101/2019  on  dated  22.01.2019,  CPCB  has  prepared  the  Guidelines  for  Utilization  of Environmental  Compensation  Fund.  The  fund  collected  under  EC  shall  be  allocated  to CPCB/  SPCBs/  PCCs  for  execution  of  projects  as  per  the  Scope  of  assistance  for  the following activities:

1. Development of infrastructure for Air and Water quality surveillance and monitoring for different areas/locations in Delhi NCR and other needed places.
2. Remediation of contaminated sitesand for that to develop infrastructure, procurement of  equipment, etc. including hiring of Experts/ Consultants for specific requirement for remediation of sites, etc.
3. Specific investigations and studies with regard to environment and ecology.
4. Carrying  capacity  assessment  for  ecologically  and  environmentally  sensitive  & critical areas, including hiring of Experts/Consultants for specific purpose and period.
5. R & D activities with regard to new technologies, clean technologies, etc.
6. Capacity building of scientific and engineering personnel of CPCB and PCBs/ PCCs to rejuvenate and protect the environment.
7. Augmenting  and  strengthening  of  laboratory  network  in-terms  of  manpower  and logistics.
8. Payment of honorarium in compliance of Judicial Orders of the Courts and Tribunal.
9. Specialized  studies  on  accidental  spill  areas,  health  impact  assessment,  recalcitrant pollutants, etc.
10. Information, Education and Communication (IEC) activities.
11. Any other scientific and technical matter which may arise as a contingent matter.
12. Studies directed by Hon'ble NGT.
13. R&D activities for pollution control.
14. Development of infrastructure for Water and Air Quality Surveillance.
15. Strengthening and Upgradation of Laboratory.
16. Inventorization of sources of pollution.
17. Preparation of DPR for remediation of contaminated sites.
18. Capacity building of CPCB, SPCB&PCC staff.

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