Govt proposes to amend pollution control norms, impacting polluting industries

livemint.com:

₹10,000, and an additional fine of up to ₹5,000 will be levied—for every day during which the violations continue to occur—on entities found violating the provisions of the law for the first time. In case the violators fail to pay the penalty within 90 days, the act states that they shall be liable for imprisonment which may extend up to three years or pay a fine which may extend to twice the amount of the penalty, or both, as per the existing rules.

In the proposed amendments, imprisonment will be replaced by only a penalty. This is being done to ease doing business in the country, an official from the MoEFCC said.

The penalty amount is to be credited to the central government's environmental protection fund. The recently notified amendments require the adjudicating officers to direct the concerned state pollution control board (SPCB), or the pollution control committee (PCC) to initiate criminal proceedings against the person or entity found in violation of the rules, in the concerned district court within 30 days after the lapse of 90 days of the penalty being imposed.

It further directs the SPCB or PCC to initiate proceedings against the violators in the concerned district court within 30 days from the date of receipt of direction from the adjudicating officer. The amendment further recognises the place of operation of a project, its size, category of industry, type of violation (such as operating without environment clearances), non-compliance with environmental safeguards, and emission standards, non-compliance of any directions issued under the air pollution act and by the commission for air quality management (CAQM), among others, and directs the adjudicating officers to factor in these variables before issuing