The Haryana State Pollution Control Board (hereinafter referred to as "HSPCB") has issued a notification, HSPCB/BR/2017/4915 dated October 11, 2017 wherein certain industries in Haryana have been directed to install online monitoring devices.

The HSPCB, has issued the notification under section 17 of the Water (Prevention & Control of Pollution) Act, 1974 and under section 17 of the Air (Prevention & Control of Pollution) Act, 1981 wherein State Pollution Control Boards have to plan a comprehensive programme for the preventive, control and abatement of pollution of streams, wells and air pollution.

HSPCB is of the view that there is a need to inculcate habit of self-monitoring mechanism within the industries for complying the prescribed standards. Many industries including those in the sectors of pharmaceuticals, fertilizers, oil refinery, dye, pesticides have been discharging environmental pollutions directly into the ambient air and water, thus posing a serious threat to water and air quality.

The HSPCB has identified that industries under 17 category and other seriously polluting industries which are operating in Haryana and which are required to install and commission of online monitoring device. Also, common hazardous waste and bio-medical waste incinerators and common effluent treatment plants have been identified for installation and commissioning of online monitoring systems.

The requirement for industries to install and operate a self-regulatory mechanism for emissions and effluents is based on the principle of "Polluter pays Principal". According to this principle, the polluter is liable to pay the cost to the individual sufferers as well the cost of reversing the damaged ecology1.

Also, the "National Environment Policy-2006"2 envisages to strengthen testing infrastructure and network for monitoring ambient environmental quality and progressively ensure real-time and online availability of the monitoring area. The "National Environment Policy-2006 further seeks to implement an online monitoring system for movement of hazardous wastes, and strengthen capacities of institutions responsible for monitoring and enforcement in respect of toxic and hazardous wastes.

Therefore, HSPCB has directed that to control and keep a check on the wastes from industries, effluent and emission monitoring devices are to be installed in large and medium industries having discharge directly into river Yamuna.

In pursuance to this direction, HSPCB has also notified the list of industries which are required to install online monitoring device.3 Such industries are required to submit action plan to HSPCB with respect to installation of online monitoring device. It is pertinent to note that the consent to operate of industries w which do not submit such action plan will be withdrawn.

Footnotes

1 Indian Council for Enviro-Legal Action v. Union of India. (1996) 3 see 212 at 215.

2 Available at http://www.moef.gov.in/sites/default/files/introduction-nep2006e.pdf

3 Available at http://hspcb.gov.in/online.pdf

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