Disaster Liability

DISASTER LIABILITYNatural and Industrial Risk and ReliefKEYNOTE : 

DISASTER LIABILITYNatural and Industrial Risk and ReliefKEYNOTE Dr. Anil K Gupta Associate Professor (Policy & Planning) National Institute of Disaster Management, New Delhi

Catastrophe events (1970-2001) : 

Catastrophe events (1970-2001)

Disaster : 

Disaster 2 (d). of DM Act. "Disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results 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 or magnitude as to be beyond the coping capacity of the affected area;

Disaster Management : 

Disaster Management 2(e) of DM Act 2005 "Disaster Management" means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for:- (1) Prevention of danger or threat of any disaster; (2) Mitigation or reduction of risk of any disaster or its severity or consequences; (3) Capacity - building; (4) Preparedness to deal with any disaster; (5) Prompt response to any threatening disaster situation or disaster; (6) Assessing the severity or magnitude of effects of any disaster; (7) Evacuation, rescue and relief; (8) Rehabilitation and reconstruction;

Disaster Risk Reduction : 

Disaster Risk Reduction Risk Reduction: Event minimization Loss minimization Quick recovery (Resilience) Approach: Visualizing hazards Minimizing hazard events (primary disasters) Reducing vulnerability Increasing preparedness Reducing impacts

DM Paradigm Shift : 

DM Paradigm Shift Response Centric Relief Centric Mitigation centric Preparedness centric Disaster Centric Hazard Centric Vulnerability Centric Environment Centric Adaptation

DM Functions : 

DM Functions

National Institute of Disaster Management, New Delhi : 

National Institute of Disaster Management, New Delhi Following Yokohama Strategy for Safer World, MoA sets up NCDM in IIPA in 1995 NCDM upgraded to NIDM in October 2003 and placed under MHA (GoI) NIDM as a Statutory Body of Government of India -DM Act 2005- 4 Departments Mandate Capacity Building through training, education and information/knowledge dissemination Research, Documentation & Publication Inputs for Guidelines, Planning, Policy and Advocacy for Disaster Management

NIDM VISION & MISSION : 

NIDM VISION & MISSION Vision To be the leading center of excellence in the field of disaster risk mitigation and management in India and outside. Mission To work as a think tank for the government by providing policy advice and facilitating capacity building services including strategic learning, research, training, system development and expertise promotion for effective disaster preparedness and mitigation.

Disaster and Laws : 

Disaster and Laws Disaster Prevention/Risk Management Environmental (natural disasters ?) Mitigation (structural / non-structural) √ Chemicals/Safety (?) Transport √ Disaster Response/Relief Environmental (?) Chemical emergencies √ Fire Police Transport

..Disaster laws.. : 

..Disaster laws.. Strategic Planning /Tools DM Planning √ Emergency Response Planning √ Disaster Impact Assessment of Projects (?) Risk Assessment (?) EIA in Prevention/Mitigation (?) Industrial Site Clearance (?) Vulnerability Analysis (?) EIA of disasters (?) Cost-benefit Analysis (?) Damage Assessment ?) Risk Auditing (natural / multi-hazard) (?) Safety Audit √

Disaster Focused EIA Tools : 

Disaster Focused EIA Tools Natural Hazard Environmental Impact Assessment (Pre-disaster) (90 days) Fast Environmental Assessment Tool (Hours) (Hours to 3 days) Rapid Environmental Impact Assessment in Disasters (REA, 2-10 days) Guidelines at http://www.benfieldhrc.org/disaster studies/rea/rea index.htm Framework for Assessing, Monitoring and Evaluating the Environment in Refugee-related Operations (FRAME) (Days to weeks, Months) Guide to Identifying Critical Environmental Considerations in Emergency Shelter (Hours to weeks) Post Disaster Environmental Impact Assessments (Months / 90 days)

Division of Environmental Health : 

Division of Environmental Health A. Drinking Water Program 23 B. Food Safety & Sanitation Program 23 C. Laboratory Services 23 D. Pesticide Control Program 24 E. Solid Waste Program 24 F. State Veterinarian 24

Division of Water : 

Division of Water A. Municipal Loan Program B. Municipal Water, Sewerage, and Solid Waste Matching Grant Program C. Non-Point Source Water Pollution Control D. Operator Training and Certification Program E. Remote Maintenance Worker Program F. Village Safe Water Program G. Wastewater Discharge Program H. Water Quality Assessment and Monitoring

Division of Spill Prevention and Response : 

Division of Spill Prevention and Response A. Contaminated Sites Program B. Industry Preparedness Program C. Prevention and Emergency Response Program D. Response Fund Administration

Division of Information and Administrative Services : 

Division of Information and Administrative Services A. Environmental Crimes Unit B. Information Services C. Budget Services D. Financial Services E. Procurement Services

Legal regime – chemical disasters : 

Legal regime – chemical disasters 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 Motor Vehicles Act, 1988 Focused on on-site safety of workers No legal system to regulate Off-site emergency system Safe storage of hazardous materials Safe transportation of hazardous materials

Post Bhopal Legal Regime : 

Post Bhopal Legal Regime Environment (Protection) Act, 1986 Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 …2009 Hazardous Waste Rules.. 1980 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 Public Liability Insurance Act, 1991 Amendments to pre-Bhopal legislations including Factory Act and Motor Vehicles Act E-waste Rules…..

Disaster Management Act 2005 : 

Disaster Management Act 2005 Holistic disaster management Paradigm shift All hazards / multi-hazard approach Planning Prevention, mitigation and response Organizational/legal framework – multitier system of DMAs District/Local as key units

Every Ministry or Department : 

Every Ministry or Department 36 of DM Act. It shall be the responsibility of every Ministry or Department of the Government of India to (a) Take measures necessary for prevention of disasters, mitigation, preparedness and capacity building in accordance with the guidelines laid down by the National Authority; (b) Integrate into its development plans and and projects, the measures for prevention or mitigation of disasters in accordance with the guidelines laid down by the National Authority; (c) Respond effectively and promptly to any threatening disaster situation or disaster in accordance with the guidelines laid down by the National Authority or the directions of the National Executive Committee on their behalf; (d) Review the enactments administrated by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;

..every ministry/department : 

..every ministry/department (e) Allocate funds for measures for prevention of disaster, mitigation, capacity building and preparedness; (f ) Provide assistance to the National Authority and State Government for- (i) Drawing up mitigation, preparedness and response plans, capacity building, data collection and identification and training of personnel in relation to disaster management; (ii) Carrying out rescue and relief operations in the affected area; (iii) Assessing the damage from any disaster; (iv) Carrying out rehabilitation and reconstruction;

Building codes : 

Building codes Building codes are generally intended to be applied by architects and engineers  In the UK where Building Control Surveyors act as verifiers both in the public and private sector (Approved Inspectors), Building code is a set of regulations on a building design, construction, testing, inspections, and maintenance to protect public health, safety and welfare. There are also safety inspectors, environmental scientists, real estate developers, contractors and subcontractors, manufacturers of building products and materials, insurance companies, facility managers, tenants, and others.

Liability : 

Liability Multi-stake (all parties) Multi-stage (all phases of DM) Extended Risk Liability … (Extended Producer Liability) Administrative Liability Professional Liability Risk Accounting System

Natural Disasters and Liability : 

Natural Disasters and Liability Who Cares for Natural Disasters? Human creates and ‘God’ to manage? BIS Codes – Disaster Resistant Buildings/Structures Flood Plain Zoning Urban Drainage Dam / Reservoir Management Deforestation – Siltation Ground-water exploitation Rain-water Harvesting Coastal protection

Corporate Liability : 

Corporate Liability Operator / Occupier Contractor Financer Insurer Licensing authority Section Supervisors (low orders / risk liability)

Liability for Government, examples : 

Liability for Government, examples Land-use laws / hazard zoning / flood plain zoning / industrial siting Settlements plan approvals Building code / permission Waste management Drainage/debris Flood control Slum control River-bed & flood plain management Wetland protection Rainwater harvesting Groundwater exploitation Road maintenance

Liability for Public, example : 

Liability for Public, example Wrong/risky settlement/location Building code / laws Land-use/Environmental laws/ standards Human rights Fundamental duties Obstruction in government duty Wrong information, nuisance, ….

We need : 

We need Risk Auditing and Accounting Framework Accountability Framework Provision of Incentives and Disincentives Transparent system of decisions Public awareness and accountability for their safety Human capacities Professional expertise on disaster science disaster engineering disaster law & policy disaster economics. Disaster information

Thank you : 

Thank you envirosafe2007@gmail.com anilkumarg729@gmail.com