environmental issues in corporate governance

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ENVIRONMENTAL CONCERNS IN CORPORATE GOVERNANCE:

ENVIRONMENTAL CONCERNS IN CORPORATE GOVERNANCE - Sankar

AIR POLLUTION ACT, 1987 :

AIR POLLUTION ACT, 1987 1. “ Air pollution ” in this Act means a condition of the atmosphere in which a pollutant is present in such a quantity as to be liable to— ( i ) be injurious to public health, or (ii) have a deleterious effect on flora or fauna or damage property, or (iii) impair or interfere with amenities or with the environment .

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2. Non application of Act: —This Act shall not apply in relation to an emission arising from— ( i ) the disposal at sea of a substance by deliberate combustion for thermal destruction, or (ii) the use of any radioactive substance or device. 3 . This Act shall apply to premises belonging to or in the occupation of the State

4. Regulations. :

4. Regulations. (1) The Minister may make regulations— ( a ) for prescribing any matter referred to in this Act as prescribed, ( b ) in relation to any matter referred to in this Act as the subject of regulations, and ( c ) for the purpose of giving full effect to this Act. (2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases. (3) Where it is proposed to make regulations under section 6 , a draft of the regulations shall be laid before each House of the parliament and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

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( 4) Every regulation made by the Minister under this Act (other than a regulation made under section 6) shall be laid before each House of the parliament soon as may be after it is made and, if a resolution avoiding the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be avoid accordingly, but without prejudice to the validity of anything previously done under it.

5.Penalties. :

5.Penalties. ( 1) A person guilty of an offence under this Act shall be liable ( a ) on summary conviction, to a fine not exceeding Rs,1,000 , a fine not exceeding Rs,100 for every day on which the offence is continued or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment. ( b ) on conviction on indictment, to a fine not exceeding Rs,10,000 (together with, in the case of a continuing offence, a fine not exceeding Rs,1,000 for every day on which the offence is continued), or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine and such imprisonment .

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Offences by companies. (1) Where an offence under this Act has , been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. .

7. The Register:

7. The Register (1) Every local authority shall as soon as may be after the commencement of this Act establish and maintain a register (in this Act referred to as “ the register ”) for the purposes of this Act and shall make therein all such entries and additions as may, from time to time, be prescribed. (2) The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours. (3) When a request is made to a local authority for a copy of an entry in the register, the copy shall be issued to the applicant on the payment by him to the local authority of such fee (if any) as they shall fix not exceeding the reasonable cost of making the copy.

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(4) Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of a local authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry. (5) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

8.Research into air pollution.:

8.Research into air pollution. (1) A local authority may organise and conduct research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution and may establish and maintain educational programmes relating to such matters and may publish, or cause to be published, any information derived from any such research, surveys, investigations or educational programmes . ) (2)The Minister, with the consent of the Minister for Finance, may make a financial contribution to any person, or body of persons, engaged, or proposing to engage, in research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981:

. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 Power to give instructions for ensuring standards for emission from automobiles:- Its is necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions. Restrictions on use of certain industrial plants:- Provided that a person operating any industrial plant in any air pollution control area, immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application

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Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely - ( i ) the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on; (ii) the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board; (iii) the control equipment referred to in clause ( i ) or clause (ii) shall be kept at all times in good running condition; (iv) chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises; .and (v) such other conditions as the State Board, may specify in this behalf,

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Provided that in the case of a person operating any industrial plant  in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months : Provided further that:- (a) after the installation of any control equipment in accordance with the specifications under clause ( i ), or (b) after the alteration or replacement of any control equipment in accordance with the directions of the State Board under clause (ii), or (c) after the erection or re-erection of any chimney under clause (iv), no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-created except with the previous approval of the State Board.

10.Obligation to prevent air pollution.:

10.Obligation to prevent air pollution. (1) The occupier of any premises, other than a private dwelling, shall use the best practicable means to limit and, if possible, to prevent an emission from such premises. (2) The occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance. (3) In any prosecution for a contravention of this section, it shall be a good defence to establish that— ( a ) the best practicable means have been used to prevent or limit the emission concerned, or ( b ) the emission concerned was in accordance with a license under this Act, or ( c ) the emission concerned was in accordance with an emission limit value.

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(3) In any prosecution for a contravention of this section or of regulations made under this section, it shall be a good defence to establish that— ( a ) the best practicable means have been used to prevent or to limit the emission concerned, or ( b ) the emission concerned was in accordance with a licence under this Act, or ( c ) the emission concerned was in accordance with an emission limit value, or ( d ) the emission concerned was in accordance with a special control area order in operation in relation to the area concerned.

12. Power of local authority to require measures to be taken to prevent or limit air pollution. :

12. Power of local authority to require measures to be taken to prevent or limit air pollution. (1) Where it appears to a local authority that it is necessary so to do in order to prevent or to limit air pollution, the local authority may serve a notice under this section on the occupier of any premises from which there is an emission. (2) In considering whether a notice should be served under this section, a local authority shall have regard to— ( a ) any air quality management plan in relation to the area in which the premises are situate, ( b ) any special control area order in operation in relation to the area in which the premises are situate, ( c ) any relevant emission limit value, ( d ) any relevant air quality standard, ( e ) the availability of the means necessary for compliance with the notice, and ( f ) the expense which would be incurred in complying with the notice.

13. Power of High Court in relation to air pollution:

13. Power of High Court in relation to air pollution (1) The High Court may, on the application of a local authority or any other person, by order, prohibit or restrict an emission from any premises where the Court is satisfied that— ( a ) the continuance of the emission (not being an emission which is in compliance with a licence granted under this Act) would give rise to a serious risk of air pollution, or ( b ) the emission is an emission from industrial plant in contravention of the terms of a licence under this Act, or ( c ) the emission is an emission from industrial plant for which a licence under this Act is required and in relation to which no such licence has been granted.

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(2) An order made by the High Court on an application under this section may contain such provisions as to the Court seem appropriate and may, in particular, include provisions— ( a ) requiring specific measures to be taken to eliminate or reduce the risk of air pollution; ( b ) requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specifies in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with any relevant licence under this Act; (3) An application for an order under this section shall be by motion and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate. (4) An order of the High Court made pursuant to this section shall have effect notwithstanding the terms of any permission given under any other enactment in relation to the premises concerned.

14. License to operate industrial plant.:

14 . License to operate industrial plant . (1) A person shall not operate industrial plant, other than existing industrial plant, on or after such day as may be prescribed unless a licence under this Act is in force in relation to the plant. (2) The Minister may, by regulations, provide that existing industrial plant of such class as may be specified in the regulations shall not be in operation on or after such date as may be so specified unless a licence under this Act is in force in relation to the plant.

15. Air Quality Management Plans and Standards:

15. Air Quality Management Plans and Standards (1) A local authority may, and shall if the Minister so directs, make, in relation to all or any part of their functional area, a plan (in this Act referred to as an “ air quality management plan ”) for the preservation or the improvement of the air quality in the area to which such plan relates. (2) A local authority may, from time to time as occasion demands, and shall at least once in every five years after the date of the making of an air quality management plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper or replace it by a new plan. (3) Two or more local authorities may, in relation to all or any part of their functional areas, jointly make an air quality management plan and the provisions of subsection (2) shall apply to any such plan.

16.Air quality standards. :

16.Air quality standards. (1) The Minister may, for the purposes of this Act, by regulations specify standards (in this Act referred to as “ air quality standards ”) and different air quality standards may be specified for different areas or classes of areas, different circumstances or classes of circumstances or for different periods of time. (2) Without prejudice to the provisions of subsection (1) , regulations under this section may make provision for all or any of the following matters— ( a ) relate an air quality standard to a particular pollutant or to a combination of pollutants; ( b ) express an air quality standard as a concentration in the air, or as a mass depositing on a specified area, of the particular pollutant or combination of pollutants which is not to be exceeded for specified periods and under specified conditions; ( c ) provide that the Minister may suspend, relax or modify an air quality standard for such period and in such circumstances as may be specified either generally or in relation to a particular area.

17.Monitoring of air quality and emissions:

17.Monitoring of air quality and emissions (1) A local authority shall carry out, or cause to be carried out, such monitoring of— ( a ) air quality, and ( b ) the nature, extent and effects of emissions, (2) A local authority shall keep and maintain. or cause to be kept and maintained, such records of any monitoring carried out under subsection (1) as they consider reasonable and necessary (3) Effect of the emission and of the air quality as the local authority consider necessary and to keep and to supply to the local authority such records of the monitoring as the local authority consider necessary. (4) The Minister may monitor, or make such arrangements for the monitoring of, air pollution as seem to him to be necessary or desirable.

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INDUSTRIES ADOPTING MEASURES TO PREVENT AIR POLLUTION

Measures taken by industry:

Measures taken by industry Wet Scrubbers- e.g. Power, steel, fertilizer plants Electrostatic Precipitator (ESP)-to remove particulate matter from any flowing gas, e.g. air. Dust Cyclones -These are used to remove particulate matter from a gas or air stream, without using filters, using vortex separation instead. the cement industry wherein they form a part of the kiln. Exhaust Gas Recirculation (EGR-reducing NOx that is used in most diesel and gasoline engines. Catalytic Converter -to diminish the toxicity of emissions that are produced by internal combustion engines Gas Flare-: Also called a flare stack, this is a chimney that is erected on oil rigs or oil wells, as well as landfills, chemical plants, and refineries Biofilters -used to degrade the air pollutant.

PREVENTION BY CEMENT INDUSTRY:

PREVENTION BY CEMENT INDUSTRY The cement manufacturing process generates lot of dust, which is captured and recycled to the process Gasses from clinker cooler are used as secondary combustion air. The process, using pre-heaters and pre- calciners , is both economically and environmentally preferable to wet process because of techno-economic advantages of the energy saving dry system over wet. Certain other solids such as pulverized fly ash from power plants, slag, roasted pyrite residue and foundry sand can be used as additives to prepare blended cement .

Measures:

Measures Prevention and control of dust : The priority in the cement industry is to minimize the increase in ambient particulate levels by reducing the mass load emitted from the stacks, from fugitive emissions, and from other sources. Collection and recycling of dust in the kiln gases in required to improve the efficiency of the operation and to reduce atmospheric emissions (a) ventilation systems should be used in conjunction with hoods and enclosures covering transfer points and conveyors; (b) Drop distances should be minimized by the use of adjustable conveyors; (c) Dusty areas such as roads should be wetted down to reduce dust generation; (d) Appropriate storm water and runoff control systems should be provided to minimize the quantities of suspended material carried off site.

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Mechanical systems for controlling dust: Several mechanical equipments are used in cement manufacturing plant to control / collect dust.. They are Dust collector - A dust collector (bag house) is a typically low strength enclosure that separates dust from a gas stream by passing the gas through a media filter Cyclone -Cyclones are typically used as pre-cleaners and are followed by more efficient air-cleaning equipment such as electrostatic precipitators and bag houses.

EXAMPLES: 1. CHETTINAD CEMENT:

EXAMPLES: 1. CHETTINAD CEMENT Dust generation due to mining activities would be controlled as follows: Prevention of fine dust getting air borne by spraying water on the dust generation points. Drilling with dust extractions and use of water jet for dousing the cuttings. Well designed blast by effective stemming and use of milli second delay detonators. Avoiding blasting during high wind periods. Maintenance and wetting of haul roads strictly as per standards. Avoiding over loading of trailers/tippers. Covering of trailers/trippers with tarpaulin during transportation. Periodical maintenance of trucks/trailers.

2.AMBUJA CEMENTS:

2.AMBUJA CEMENTS All major sources of air pollution (Raw Mill Kiln, Clinker Cooler, Coal Mill, Cement Mill) of proposed new kiln will be provided with ESP, Bag filters to maintain limits of 50 mg/Nm3 for the PM emissions. All material transfer points will be provided with bag filters to entrap the emissions at the source itself. Clinker will be stored in silos /covered stock piles and gypsum in covered shed. Fly ash will be stored in silos and closed shed. Better maintenance and installation of proper pollution control equipment like Bag filters and ESP will help in reducing such emissions. Houses, Bag filters and ESP will help in reducing such emissions. Green belt will be developed along the roads and around the plant premises as dust preventive barrier. Automized Water sprinkling system will be provided at limestone and coal unloading hopper and handling area.

TATA CHEMICALS:

TATA CHEMICALS Tata chemicals have introduced this concept long before by adaptation of water harvesting, soil reclamation, wasteland development programme , waste management, effluent management etc. to develop over all environment quality of the factory site, in and around. TATA CHEMICALS SOCIETY FOR RURAL DEVELOPMENT (TCSRD) brings better knowledge to the community about new methods of agriculture, like water harvesting programme , better management of land through soil conservation, soil reclam - ation , manuring , afforestation , and wasteland development programme

Countries with the highest CO2 emissions:

Countries with the highest CO 2 emissions Country Carbon dioxide emissions per year (10 6 Tons) (2006) Percentage of global total China 6,103 21.5% United States 5,752 20.2% Russia 1,564 5.5% India 1,510 5.3% Japan 1293 4.6% Germany 805 2.8% United Kingdom 568 2.0% Canada 544 1.9% South Korea 475 1.7% Italy 474 1.7%

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