Lok Sabha Question No. 2010 (UNSTARRED), answered on 2021-07-30
Subject: Modification in Environmental Laws
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: K. Shanmuga Sundaram

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOKSABHA UNSTARRED QUESTION NO. 2010.

TO BE ANSWERED ON 30.07.2021

## Modification in Environmental Laws

## 2010.   SHRI SHANMUGA SUNDARAM K.:

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

- (a) whether the Government proposes to modify, the environmental/green laws to impose a penalty of Rs. 20crores on major environmental violations with an additional penalty of Rs. 1 crore per day, if the damage continues;
- (b) if  so,  the  details  thereof  along  with  the  manner  in  which  the  penalty  amount  will  be utilized;
- (c) whether the companies or institutions are in a position to pay the penalty in practice and if so, the details thereof; and
- (d) the action taken against the erring institutions or companies for failure to pay this heavy amount?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (SHRI ASHWINI KUMAR CHOUBEY)

(a) and(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. 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 sites and 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.

(c)  and  (d)  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). The following methodology 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.

*****