What are the consequences of non-compliance with dust control measures? - Biting the Dust

Violating the provisions of the Environment (Protection) Act or any of the rules framed triggers criminal action. Any person violating the dust control measures set out in the Environment (Protection) Rules, the EIA Notification or the Construction and Demolition Waste Rules is liable to:

• Imprisonment upto five years, or fine upto one lakh rupees, or both,
• In case the violation continues, an additional fine upto five thousand rupees can be imposed for every day during the period of contravention after the first conviction.
• If such failure or contravention continues beyond a period of one year after the date of conviction, imprisonment upto seven years can be given.

This punishment also applies to any person violating any directions or orders issued under the Environment (Protection) Act. These directions could be issued by the Central Pollution Control Board, the Delhi Pollution Control Committee or any other person or authority to whom such powers have been delegated.

Under the Air Act, carrying out building or construction activities without obtaining a consent to establish or consent to operate from the Delhi Pollution Control Committee attracts:

• Imprisonment for a term not less than one year and six months, but which may extend upto six years, and a fine.
• In case the failure continues, an additional fine upto five thousand rupees can be imposed for every day during the period of contravention after the first conviction.
• If such failure continues beyond a period of one year after the date of conviction, imprisonment for a term which shall not be less than two years but which may extend to seven years and a fine.

Fines

Under section 5 of the Environment (Protection) Act, the MoEFCC has wide powers to issue directions and orders in the exercise of its powers and functions under the Act. As mentioned above, this power to issue directions may be delegated to authorities like the Central Pollution Control Board, the Delhi Pollution Control Committee and the Environment Pollution (Prevention and Control) Authority. These directions include those for the closure, prohibition or regulation of any industry, operation or process or the stopping of, or regulating the supply of electricity, water or other services.

Under the Delhi Municipal Corporation Act

Under the Delhi Municipal Corporation Act, 1957, municipal corporations also have the power to order the stoppage of building activities if they are being carried out in violation of the conditions of the permission. This would include conditions related to dust mitigation measures.

If a builder fails to take any of the dust mitigation measures that he is required to, any of the above authorities can issue a direction ordering him to stop construction activities at his site. This is one of the most frequently exercised powers as regards building and construction activities. A record of such directions issued by the Central Pollution Control Board over 2017 and 2018 can be accessed here.

Fines

The Delhi Pollution Control Committee has a Consent Management Committee, which has developed a Consent Policy that will guide its actions while granting ‘consent to establish’ and ‘consent to operate’ to building and construction activities, as well as instances where building and construction activities have commenced without obtaining such consent.

The Delhi Pollution Control Committee has identified and quantified environmental damages at different stages of construction.

1. During the excavation phase, there is large-scale dust pollution which affects the ambient air quality of the surrounding area. If this excavation is commenced without obtaining the consent to establish from the Delhi Pollution Control Committee, 0.05% of the project cost is to be paid as environmental damages. The same amount is also to be paid as a bank guarantee to prevent future violations.
2. Where consent to establish has not been obtained, but both the excavation and construction phases have been completed, a higher amount of environmental damages is imposed. This is 0.5% of the project cost and the same amount in the form of a bank guarantee. The higher amount is justified because of the use, during the construction phase, of heavy generators that operate on diesel. The loading and unloading of powdered building material like cement also affect ambient air quality.
3. If the unit has begun operation without obtaining either the consent to establish or the consent to operate, the highest amount of environmental damages is imposed, corresponding to the pollution created at all three stages. This is 1% of the project cost, with a similar amount as bank guarantees to deter future violations.

Penalties may also be imposed under municipal laws. Form A-6 of the Unified Building Bye-Laws specifically states that if debris at a construction site is not removed, the relevant local authority may recover the cost of such removal and impose an additional penalty. The Delhi Development Act, 1957 and the Delhi Municipal Corporation Act, 1957 both allow local authorities to impose fines for violating conditions attached to building permissions. This would include conditions related to dust mitigation.