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LEGAL FRAMEWORK FOR CHEMICAL DISASTER MANAGEMENT. Sreeja S. Nair Assistant Professor National Institute of Disaster Management. CONTENTS. Constitutional Provisions Statutory Provisions Legal Regime – Paradigm Change in approach Pre Bhopal and Post Bhopal legislations Explosives Act

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legal framework for chemical disaster management

LEGAL FRAMEWORK FOR CHEMICAL DISASTER MANAGEMENT

Sreeja S. Nair

Assistant Professor

National Institute of Disaster Management

contents
CONTENTS
  • Constitutional Provisions
  • Statutory Provisions
  • Legal Regime – Paradigm Change in approach
  • Pre Bhopal and Post Bhopal legislations
  • Explosives Act
  • Factories Act
  • EPA and Rules
    • MSIHC, EPPR
  • PLIA, Environmental Tribunal Act, Appellate Authority Act
  • DM ACT
  • NDMA Guidelines
  • Strengths and weakness
constitutional provisions
CONSTITUTIONAL PROVISIONS

Article 21 guarantees all the persons a fundamental right to life and personal liberty. This included a life of dignity, to be lived in a proper environment, free of danger and diseases

Article 51-A(g) fundamental duty of every citizens and States to protect and improve environment including forests, lakes rivers and wildlife and to have compassion for living creatures

Article 48(A) 42nd Amendment Act 1976 added a new directive principle. States shall endeavour to protect and improve the environment and safeguard the forests and wild life of the country.

slide4

STATUTORYREMEDIES

Liability of the polluter under the

Law of Tort

Nuisance : Annoys and hurts

Trespass : intentional or negligent interference with personal or proprietary rights

Negligence : duty to take care but not (principle of fault)

Strict liability

statutory remedies
STATUTORY REMEDIES

Indian Penal Code, 1860 makes various acts affecting environment as offences (Chapter XIV, section 268 and 294 A)

Public health, safety, convenience, decency and morals.

IPC also cover the negligent handling of poisonous substances, combustive and explosive materials

statutory remedies6
STATUTORY REMEDIES

Criminal Procedure Code, 1973 (Cr. P.C) can also be invoked to prevent to prevent pollution

Chapter X, Part B sections 133 to 143 provide most effective and speedy remedy for preventing and controlling public nuisance

status of legal regime
STATUS OF LEGAL REGIME

Pre-Bhopal Phase

Explosives Act, 1884

The Petroleum Act, 1934

Factories Act, 1948 and Rules made there under

The Insecticide Act, 1968

Static & Mobile Pressure Vessels Rules, 1981

legal regime post bhopal
LEGAL REGIME- POST BHOPAL

Environment (Protection) Act, 1986

Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (amended in 1994, 2000)

Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996

Motor Vehicles Act, 1988

Public Liability Insurance Act, 1991

Environmental Appellate Authority Act 1997

Amendments to pre-Bhopal legislations including Factory Safety Act and Motor Vehicles Act

key features
KEY FEATURES
  • Focused on on-site safety of workers
  • legal system to regulate
    • Off-site emergency system
    • Safe storage of hazardous materials
    • Safe transportation of hazardous materials …

………..was hardly existing

slide11
Deals with regulatory aspects concerning manufacture, possession, use, sale, transport and import & export of explosives.

Grant authorization of explosives

Issue license to possess explosives

Give permission to import, export and

transport of explosives

Testing, analysis, monitoring and

disposal of explosives

THE EXPLOSIVES ACT, 1884

slide12
Employment of Competent Persons for supervision (Rule 11)

Prescribed precautions to be observed in handling explosives (Rule 12)

Prohibition of smoking, fires, lights and dangerous substances (Rule 14)

Transport (Rule 61-3)- Engage drivers or cleaners whose antecedents are verified by local police (Re-verification in each year) , Transportation only between sunrise and sunset

THE EXPLOSIVES RULES, 2008

slide13
Road van always attended by two armed guards at the expenses of licensee (Rule 67)

Restrictions on transportation of different explosives in the same carriage (Rule 33)

Maximum quantities (Rule 36)

Protection from fire and explosion (Rule 41)

Safety distances (Rule 137)

THE EXPLOSIVES RULES, 2008

the factories amendment act 1987
The Factories (Amendment) Act, 1987.

As per the preamble, the main objectives for the amendment to the Factories Act were,

  • To provide for safeguardsto be adopted in using and handling of hazardous substances
  • To lay down emergency standards and measures
  • To lay down procedures for Siting of Hazardous Industries and
  • To ensure workers’ participationin safety management
provisions
PROVISIONS

Chapter IV-A – Provisions related to Hazardous Process (8 provisions i.e. 41-A to 41-H)*

Compulsory Disclosure of Information by the Occupier – Sec. 41B

Specific Responsibility of the Occupier in relation to Hazardous Process – Sec 41C

Workers participation in Safety Management – Sec. 41 G

Right of Workers to Warn about Imminent Danger – Sec. 41 H

enviornmental protection act 1986
ENVIORNMENTAL PROTECTION ACT 1986

Most comprehensive Acts relating to Environmental Protection

(26 Sections )

  • Objective is to implement the decisions made at the U.N. Conference on the Human Environment at Stockholm, June 1972,
  • A general law on Environmental Protection which could cover uncovered areas of major environmental Hazards as the existing laws were mainly focused on pollution
  • To provide deterrent punishments for those who endanger human environment, safety and health
  • Umbrella Act covers various issues of air, water, land, human beings and other living creatures and property
slide17

EPA RULES

  • The Manufacture Storage and Import of Hazardous Chemicals (MSIHC) Rules, 1989 & Amendments 1990,1994, 2000
  • Chemical Accidents (Emergency Planning Preparedness and Response) Rules 1996. (As amended to date) setting up of central, state, district and local crisis group
  • The Hazardous Wastes (Management and Handling) Rules, 1989 : and Amendments
  • The Hazardous Wastes (Management and Handling and Trans boundary Movement) Rules, 2008 amended in June and September 2009
slide18

Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.

[Environment (Protection) Act, 1986]

msihc rules
MSIHC Rules

Notified under the EP Act, 1986 on 27.11.1989, 20 Rules and 12 Schedules

Rule 2 Definitions

Hazardous Chemicals means –

(i) any chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in Column 2 of Part II of this Schedule;

(ii) any chemical listed in Column 2 of Schedule 2;

(iii) any chemical listed in Column 2 of Schedule 3;

msihc rules20
MSIHC RULES

Definition of Major Accident

“Major Accident” means an incident involving loss of life inside or outside the site or ten or more injuries inside and/or one or more injuries outside or release of toxic chemical or explosion or fire of spillage of hazardous chemical resulting in ‘on-site’ or ‘off-site’ emergencies or damage to equipments leading to stoppage of process or adverse effects to the environment.

slide21

CHEMICAL STORAGE IN

  • PLANT PREMISES (Schedule-1)
  • Low Level: List of 684 Hazardous and Toxic Chemicals
  • Medium Level: List of 179 (Toxic, Reactive, Explosives) Hazardous Chemicals and Flammable Chemicals for application of Rules 5 and 7 to 15. Threshold limits identified for these chemicals
  • High level : 17 Chemicals and their threshold quantity
storage of chemicals away from the main process
STORAGE OF CHEMICALS AWAY FROM THE MAIN PROCESS

List of 30 Hazardous and Toxic chemicals with Threshold Quantities.

In case of isolated storages of the same occupier when the distance between the installations is less than 500 (Sch-2)

slide23

LOW LEVEL

  • Action by Occupier:
  • Identify major accident hazards. Rule 4(2)(a)
  • Take steps to prevent major accidents, and to limit the consequences. Rule4(2)(b)(i)
  • Train persons at site and provide equipment for safety. Rule 4(b)(2)(ii)
  • Notify major accidents within 48 hours. Rule (5)
  • Prepare MSDS Rule 17(2)
  • Label containers of hazardous chemicals. Rule 17(4).
  • Inform import of hazardous material. Rule 18(2).
medium level
MEDIUM LEVEL

Actions by Occupier-MAH Unit

  • Notify the site and obtain approval (Rule7)
  • Notify changes if any (Rule 8)
  • Prepare On-site Emergency Plan (Rule 13)
  • Mock-drill (six monthly) [Rule 13(4)]
  • Report on Mock-drill [Rule 13(5)]
  • Give necessary information to Authorities for Off-site Plan [Rule 14]
  • Inform persons in neighborhoods regarding nature of hazards and safety measures, Do’s and Don’ts [Rule 15]
high level
HIGH LEVEL
  • Prepare a Safety Report [Rule 10(1) and Sch- 8]
  • Update Safety Report (Rule 11)
  • Independent Safety Audit by an external expert [Rule 10(4)]
  • Forward a copy of Safety Audit with comments to Authorities. [Rule 10(5)]
  • Carry out fresh Safety Audit once a year [Rule 10 (6)]
slide26

MSIHC Rules

  • Rule 13 PREPARATION OF ON-SITE EMERGENCY PLAN BY THE OCCUPIER
  • Occupier to prepare and keep up-to-date an On-Site Emergency Plan with Specified details (Sch-11) detailing–
    • dealing with major accidents on site name of the Person responsible for Safety on site
    • names of authorised persons to take actions as per the Plan in case of an Emergency.
  • (2) The Occupier to ensure that the On-Site Plan includes modifications and all persons on site affected by the Plan are informed accordingly.
  • (3) The Occupier to ensure to conduct a mock drill of the On-Site Emergency Plan every 6 months.
  • (4) Detailed report of mock drill to be made immediately available to the authority.
slide27
Rule 14 PREPARATION OF OFF-SITE EMERGENCY PLAN BY THE AUTHORITY

(1) Authority (identified in col.2 of Schedule 5) to prepare and keep up-to-date an Off-Site Emergency Plan (details as in Sch.-12) - giving how emergencies arising out of possible Major Accident on site would be dealt with

- The authority to consult Occupiers, and other persons

(2) The Authority to provide information to the Occupiers from Off-Site Plan relating to his duties under the Rule 13.

(3) The authority to ensure conducting a rehearsal of the Off-Site Emergency Plan once a Year.

MSIHC Rules

slide28
Rule 15 Information to be given to persons liable to be affected by a Major Accident

Occupier to arrange to inform persons ( directly or through District Authority ) likely to be in affected area (A) nature of Major Accident Hazard; (B) safety measures and Dos & Don’ts to be adopted in

a Major Accident.

MSIHC Rules

slide29

The Chemical Accidents Emergency Preparedness and Response Rules (EPPR), 1996[Environment (Protection) Act, 1986]

slide30

Emergency Preparedness and Response Rules (EPPR),

Came into force on 2.08.1996

13 Rules and 8 Schedules

Objective

To strengthen the Administrative Response to Hazardous substance accidents

Supplement the MSIHC Rules of 1989

The rule mandated the constitution of Crisis Groups at 4 levels Central, State, District and Local Level

slide31
EPPR

Major Chemical Accident means an occurrence including any major emission, fire or explosion involving one or more hazardous chemicals and resulting from uncontrolled development in the course of Industrial activity or due to natural events leading to serious effects both immediate or delayed, inside or outside the installation cause substantial loss if life and property including adverse effects on environment

31/40

slide32
EPPR

Definition of MAH Installation

“Major Accident Hazard (MAH) installation” means isolated storage and industrial activity at a site handling (including transport through carrier or pipeline) of hazardous chemicals equal to, or in excess of the threshold quantities specified in COLUMN 3 OF SCHEDULE 2 and SCHEDULE 3 respectively;

32/40

eppr rules
EPPR Rules
  • Rule 4: Central government shall set up a functional control room with networking with state and districts
  • Rule 5 : Functions of the Central Crisis Group
  • Rule 6 and 7 :Constitution and Functions of the State Crisis Group respectively
  • Rule 8, 9: Constitution and Functions of the District Crisis Group respectively
  • Rule 10 : Function of Local Crisis Group – Industrial Pocket level
  • Rule 13: Providing Information by the CCG, SCG , DCG and LCG.
status
STATUS
  • 1949 Major Accident Hazard (MAH) units spread across 294 district and 26 States and UTs.
  • 160/294 district prepared offsite plans. 1607 /1949 prepared onsite plans
  • 21 States constituted SCG and 20 District CG, LCG data not available
public liability insurance act 1991 plia 1991 liability to pay compensation no fault liability
Public Liability Insurance Act -1991PLIA -1991 LIABILITY TO PAY COMPENSATION(No fault Liability)

Enacted on 22nd January, 1991

  • to provide public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto .
  • The Act, for the first time, acknowledged the principle of no fault liability. Liability to pay compensation in cases of principle of no fault.
  • 179 chemicals and the threshold limits are given in the Act.
  • 23 Sections
national environmental tribunal act 1995
National Environmental Tribunal Act, 1995
  • Enacted on 17.06.2005, 5 Chapters and 31 Sections
  • To provide strict Liability for damages arising out of any accident occurring while handling any hazardous substance
  • For the establishment of a National Environmental Tribunal for effective and expeditious disposal of cases arising from such a accident
  • For giving relief and compensation for damages to persons property and the environment.
  • Authority shall become defunct and the Act shall stand repealed upon the enactment of the National Green Tribunal Bill 2009 currently pending in Parliament
national environmenatal appellate authorit act 1997
NATIONAL ENVIRONMENATAL APPELLATE AUTHORIT ACT, 1997
  • Ordinance to provide for the establishment of a National Environmental Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes shall not be carried out under the EPA.
    • Public hearing
    • Notice of Public hearing
    • Executive Summary of the Project 30 days prior to the public hearing
    • Environmental clearance and certificates
  • Authority shall become defunct and the Act shall stand repealed upon the enactment of the National Green Tribunal Bill 2009 currently pending in Parliament
slide38

REGULATIONS ON TRANPORTATION

HAZARDS

  • The Motor Vehicle Act 1988
  • The centre Motor Vehicles Rule 1989
  • CMVR is last amended on 1st June 2005 which added list of 2319 Hazardous goods in form of Table III
  • Public Liability Insurance Act 1991 ( 60 of 1991) (w.e.f. 14-11-1994)
provisions in motor vehicles acts and rules
Provisions in Motor Vehicles Acts and Rules
  • Are Related to
  • Driver – Qualification, Knowledge, Training & Refresher Training CMVR Rules – 9, 14(2)
  • Vehicle – Display of Marks, Protective equipment
  • Product – Classification
  • Owner of the Vehicle /
  • Haulage / Transporter
  • 5) Consigner
  • 6) Consignee
  • 7) Society - Public liability insurance
  • 8) Enforcement Agency – To keep the check on the awareness and implementation of the provision of the law.

}

Responsibility towards awareness, driver, vehicle and products.

slide41

PROVISIONS RELATED TO VEHICLE

  • RULE 129
  • goods carriage
  • Display a distinct mark of the class label on vehicle & every package containing dangerous or hazardous or hazardous goods
  • Display the distinct class label which represents two hazards shall display distinct labels to indicate both the hazards goods carriage
  • safety equipments preventing fire, explosion, or escape of hazardous or dangerous goods.
  • Techno graph fitment (an instrument to record the lapse of running time of the motor vehicle : time speed maintained acceleration., declaration, etc.) conforming to the specifications of the Bureau of Indian Standards.
  • Spark arrester (R-129A).
  • 2) Manner of display of class labels (R 130).
  • Size of the class label at an angle of 45 degrees > 25 mm2
  • water proofclass label should be contrasts colour with the background
  • Class label displayed on does not obscure any other making
  • Class label should be exhibited on all four direction and places as shown
dm act 2005
DM Act 2005
  • Came into force on 26 December 2005
  • An act to provide for the effective management of Disasters and for matters connected there with or incidental there to
  • Comprehensive Act covering natural and human induced disasters
  • 11 Chapters and 79 Sections
  • Cover all phases of Disaster Management
dm act 200544
DM Act 2005
  • Chapter 1 – definitions
  • Chapter 2, Section 3-13– NDMA
  • Chapter 3 –Section 14- 25- SDMA
  • Chapter 4 – Section 25 and 35 -DDMA
  • Chapter 5 – Measures by the Government
  • Chapter 6 – Local Authority
  • Chapter 7 – National Institute of Disaster Management
  • Chapter 8 – National Disaster Response Force
  • Chapter 9 – Finance , Accounts and Audit
  • Chapter 10 – Offences and Penalties
  • Chapter 11- Miscellaneous
dm act 2005 definition of disaster
DM Act 2005 Definition of Disaster

Catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, leading to accident, and resulting in substantial loss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of environment, and is of such a nature and/or magnitude as to be beyond the coping capacity of the community of the affected area.

dm act 2005 definition of disaster46
DM Act 2005 Definition of Disaster

A continuous and integrated process of planning, organising ,coordinating, and implementing measures which are necessary or expedient for –

  • Prevention of danger or threat of any disaster
  • Mitigation or reduction of risk of any disaster
  • Capacity Building
  • Preparedness
  • Prompt Response
  • Severity or Magnitude assessment
  • Evacuation, Rescue, Relief
  • Rehabilitation & Reconstructio
slide47

National Guidelines by NDMA

  • 1. Management of Earthquakes (April 07)
  • 2. Chemical (Industrial) Disasters (April 07)
  • 3. Preparation of State Disaster Management Plans
  • (Jul.07)
  • 4. Medical Preparedness and Mass Casualty Management (Oct 07)
  • 5. Management of Floods (Jan 08)
  • 6. Management of Cyclones (Apr 08)
  • 7. Management of Biological Disasters (Jul 08)
  • 8. Nuclear and Radiological (published in Feb., 09)
  • 9. Management of Landslides and Snow Avalanches (Jun.09)
  • 10.Management of Chemical (Terrorism) Disasters (Aug.09)

www.ndma.gov.in

47/40

international regulations
INTERNATIONAL REGULATIONS
  • Rotterdam Convention - PIC (1998/2002/2005)
    • 73 signatories, 39 Chemicals
  • Stockholm Convention 2001/ 2004/ 2006
    • protect human health and the environment from POPs, 2004, 152 signatories
  • Basel Convention 1989
strengths
STRENGTHS

Covers various aspects of the disaster management cycle by protecting and safe guarding environment

Human rights

Ecological Security

Control of pollution

Ensuring safety measures

Clearing of cases

Assurance of compensation

Risk transfer

Techno-legal issues

Long term developmental issues since the beginning of a project

slide50
GAPS

Status of Implementation

Overlap/ lack of clarity among the mandates of ministries and departments

Human resource constraints

Punishments are not deterrent

Incentive approach is lacking

DM rules are yet to come

thank you

THANK YOU …………..

sreeja.nidm@nic.in

sreejanair22@gmail.com