Environmental Legislation in Pakistan Sanaullah Khan Deputy Director (Technical) Environmental Protection Agency (EPA) Forestry, Environment and Wildlife Department Govt. of Khyber Pakhtunkhwa PAKISTAN

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Historical Background 

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Pakistan Environmental Protection Ordinance (PEPO) (1983) National Environmental Quality Standards of Pakistan (1994) Pakistan Environmental Protection Act, 1997. Khyber Pakhtunkhwa Environmental Protection Act, 2014 (December 11th, 2014).

Overview of PEPO, 1983 

Institutions created under PEPO, 1983:  Pakistan Environmental Protection Council (PEPC) which is an apex body for setting up environmental policies in the country.  Federal & Provincial EPA’s.  Provincial Sustainable Development Fund.  Courts of Environmental Magistrate.  Environmental Tribunals.

Rules & Regulations   

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Environmental Tribunal Rules , 1999. Review of IEE and EIA Regulations, 2000: Certification of Environmental Laboratories Regulations 2000. Environmental Sample Rules 2001. Self Monitoring & Reporting (by industry) Rules 2001. Pollution Charge for Industry (calculation & collection) Rules 2001. Provincial Sustainable Development Fund Board (Procedure) Rules 2001. Hazardous Waste Substances Rules, 2003 Hospital Waste Management Rules, 2005.

Statutory/Legal Notifications (S.R.O)       

SRO-742 (1993): Establishment of NEQS. SRO-549 (2000): NEQS Revised. SRO-72 (2009): Vehicle Exhaust emissions notified. SRO-1060 (2010): Ambient air quality standards notified. SRO-1063 (2010): Drinking water quality standards notified. SRO-1064 (2010): Noise standards notified. Guidelines  Guidelines for preparation of EIA report  Guidelines for Public Participation in EIA.  Guidelines for Critical & Sensitive Areas

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History of EPA 

EPA, Khyber Pakhtunkhwa was established in 1989 under the administrative control of PP&H Department. Later on, in 1992, it was transferred to PE&D Department. In year 2001 it was placed under the newly created Environment Department. Now, the name of Environment Department has changed into Forestry, Environment and Wildlife Department.

Environmental Legislation Khyber Pakhtunkhwa Environmental Protection Act, (December 11th, 2014) 7

Overview of KPEPA, 2014 

To provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development in the Province of the Khyber Pakhtunkhwa.

Overview of KPEPA, 2014 

Main Functions of EPA (Section 6):  

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Implement this KPEPA and the rules and regulations ; Prepare national environmental policies & its implementation. Prepare, revise and establish the KP Environmental Quality Standards with the approval of the Council. Prepare and publish an annual state of the environment report of the province. Integrate environment protection in P&D. co-ordinate environmental policies and programmes nationally and internationally; establish standards for the quality of the ambient air, water and land, by notification.

Overview of KPEPA, 2014 Main Powers of EPA (Section 7):  

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a) Investigate any environmental or pollution issue. b) Enter into any premises with proper identification on the basis of reliable information to access the site. c) Collect all sort of evidence regarding pollution offences from any premises, area, site, office, building, factory, display, exhibition etc. d) Call any information from any person required in inquiry or investigation of pollution offences e) Conduct surprise inspections or visits of any public or private premises f)Recover fines or charges levied upon any person by the Agency g) Seal or seize the attachments, holding, property, machinery, equipment or material involved in commission of pollution offences h) Cause registration of criminal cases against any person causing hindrances, obstructions in discharge of official functions of the Agency.

Overview of KPEPA, 2014 

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i) Exercise special or emergency powers to enter and inspect, direct, suspend, remove, seize, seal any activity or work or installation of machinery or premises creating pollution offence at high risk or intensity or disastrous situation. j) Local police shall advance every sort of help. K) Call the concerned officer or official of line departments/agencies for emergency help during disastrous or accidental situations declared by Government. l) Impose ban through an official notification, on commencement or operation of any activity or work or mobility or transport in a particular area or premises. m) Fix and release fees, rates and charges for rendering any service or providing any facility, information or data. n) Enter into contracts, execute instruments, incur liabilities and do all acts or things necessary for proper management

Overview of KPEPA, 2014 

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0)Appoint with the approval of the Government such advisers, experts and consultants as it considers necessary for the efficient performance of its functions. p) Summon and enforce the attendance of any person and require him to supply any information or document needed for the conduct of any enquiry or investigation into any environmental issue. q) Seek information from or the assistance of any Ministry, Division or agency of the Federal Government, any Department or Agency of a Government, Local Authority, Political Agent, District Administration or law enforcement agency, including the police. r) Enter and inspect, under the authority of a search warrant issued by the Environmental Protection Tribunal or Environmental Magistrate, search at any reasonable time, any land, building, premises, vehicle or vessel or other place.

Overview of KPEPA, 2014 

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s) Take samples of any materials, products, articles or substances or of the effluents, wastes or air pollutants, solid waste being discharged. t) Conduct test and analysis of samples at the agency’s laboratory or at any laboratory certified by the agency. u) Confiscate any article used in the commission of the offence. v) Establish the Provincial Environmental Co-ordination Committee comprising the Director-General as its Chairman.

Overview of KPEPA, 2014 

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Establishment of the Khyber Pakhtunkhwa Environmental Improvement Fund (Section 8) 1) To established Establishment of the Khyber Pakhtunkhwa Environmental Improvement Fund. 2) The Provincial Sustainable Development Fund established under the Pakistan Environmental Protection Act, 1997 shall be deemed to be a part of this Fund. 3a) Grants made or loans advanced by Federal & Provincial Governments. 3b) Aid and assistance, grants, advances, donations and other nonobligatory funds received from foreign governments, national or international agencies, and non-governmental organizations. 3c) Contributions from private organizations.

Overview of KPEPA, 2014 

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3d) Fee collected through review of Initial Environmental Examination (IEE) or Environmental Impact Assessment (EIA) 3e) Fifty percent of the fine imposed by the Khyber Pakhtunkhwa Environmental Protection Tribunal. 3f) Administrative penalties, fines or charges imposed and recovered by the Agency. 3g) Fee or charges collected through test carried out in Laboratories and other alike services by the Agency.

Overview of KPEPA, 2014 

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Constitution of the Khyber Pakhtunkhwa Environmental Improvement Fund Board (Section 9) i) Secretary Environment ……………………………………………..…Chairman ii) Finance, Planning and Development, Local Government, Rural Development, Industries and Social Welfare Departments…..Member iii) Chambers of Commerce and Industries, non-governmental organizations and major development partners…………………..Member

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Iv) Director-General of the Agency……………………Member/ Secretary

Overview of KPEPA, 2014 

Powers of the Board (Section 10)

i) Sanction financial assistance for eligible Projects ii) Invest the fund in such Profit-bearing Govt. Bonds, Saving Schemes and Securities. iii) Utilization of Fund under Sub-section (3) of Section 8.

Overview of KPEPA, 2014 

Prohibition of certain discharges or emissions (Section 11) 

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1) No person shall discharge or emit or allow the discharge or emission of any effluent or wastes or air pollutant or noise, load, concentration or level which is in excess of the Khyber Pakhtunkhwa Environmental Quality Standards or, where applicable, the standards established under sub clause (g) and (h) of sub-section (1) of section 6; and No person shall discharge effluents, emissions or wastes in excess of load permitted in the conditions of environment permit or environmental approval or license.

Overview of KPEPA, 2014 

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2) The Agency, with the approval of Government, may levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub-section (1), to be calculated at such rate, and collected in accordance with such procedure as may be prescribed. 3) Any person who pays the pollution charge levied under subsection (2), shall not be charged with an offence with respect to that contravention or failure.

Overview of KPEPA, 2014 

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Strategic Environmental Assessment (Section 12) (1) Government may ask to carry out strategic environmental assessment, of all or any of the plan or policy given below: i) socio-economic development, industrial and agricultural development, urban and rural development; ii) land use and water use management; iii) the exploitation of natural resources iv) economic zones or industrial parks and estates; v) transport and infrastructure; vi) solid, municipal and industrial waste; vii) tourism; and viii) any other plan or policy likely to have an adverse impact on environment

Overview of KPEPA, 2014 

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Strategic Environmental Assessment (Section 12) (2) All Government Agencies, Local Councils and Local Authorities and Departments may be asked to conduct and formulate the strategic environmental assessment statement and shall submit it to the Agency which may contain: i) objectives, scale and environmental characteristics; ii) description of the natural, socio-economic and environmental conditions; and iii) assessment of possible environmental impact likely to be caused during implementation.

Overview of KPEPA, 2014 

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Strategic Environmental Assessment (Section 12) (3)

The Agency shall, within 120 days of the filing of a strategic environmental assessment screening statement, complete in all respects: i) Circulate the strategic environmental assessment report and conduct a public hearing of the strategic environmental assessment report; ii) Review any comments received from the circulation and public hearing carried out under clause (c) of sub-section (3); and iii) Advise the Government Agency, Local Council or Local Authority concerned to include such measures and take such steps, as it deems necessary, to modify the policy or development plan according to environmental objectives and thereafter the policy.

Overview of KPEPA, 2014 

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Strategic Environmental Assessment (Section 12) (4) The provisions of sub-sections (1), (2) and (3) shall apply to such categories of plans and policies and in such manner as may be prescribed. 5) The Agency shall maintain separate registers for strategic environmental assessment reports, which shall contain brief particulars of each policy and development plan and a summary of decisions taken thereon and which shall be open to inspection for the public at all reasonable hours and the disclosure of information in such registers shall be subject to the provisions of this Act.

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (1) No proponent of a project shall commence construction and operation unless he has filed with the Agency an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the Agency, environmental approval in respect thereof. (2) The Agency shall: (a) review the initial environmental examination and accord its approval or require submission of an environmental impact assessment by the proponent; or

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (b) review the environmental impact assessment and accord its approval subject to such conditions as it may deem fit to impose, require that the environmental impact assessment be re-submitted after such modifications as may be stipulated, or reject the project as being contrary to environmental objectives. (3) Every review of an environmental impact assessment shall be carried out with public participation and no information will be disclosed during the course of such public participation which relates to:

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (a) trade, manufacturing or business activities, processes or techniques of a proprietary nature, or financial, commercial, scientific or technical matters which the proponent has requested should remain confidential, unless for reasons to be recorded in writing, the Director-General of the Agency is of the opinion that the request for confidentiality is not well-founded or the public interest in the disclosure outweighs the possible prejudice to the competitive position of the project or its proponent; or

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (b) International relations, national security or maintenance of law and order, except with the consent of Government; or (c) matters covered by legal professional privilege. (4)The Agency shall communicate its approval or otherwise within a period of four months from the date of the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules, provided that delay is not on part of the proponent for the provision of additional information asked for during the review process or conductance of public hearing of the project.

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (5) Subject to sub-section (4), Government may in a particular case extend the aforementioned period of four months if the nature of the project so warrants. (6) The provisions of sub-sections (1), (2), (3), (4) and (5) shall apply to such categories of projects and in such manner as may be prescribed. (7) The projects or any activity of a proponent not covered under sub-section (6), specified in guidelines shall obtain a general environmental approval in a manner prescribed in guidelines in respect thereof.

Overview of KPEPA, 2014 Initial Environmental Examination and Environmental Impact Assessment (Section 13) (8) The Agency shall maintain separate Registers for initial environmental examination (IEE) and environmental impact assessment (EIA) projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours and the disclosure of information in such Registers shall be subject to the restrictions specified in sub-section (3).

Overview of KPEPA, 2014 Prohibition of import of hazardous waste (Section 14) No person shall carry, import, bring , transport or deliver hazardous waste or cause to carry, import, bring, transport or delivery of hazardous waste into the territorial jurisdiction of the Province of the Khyber Pakhtunkhwa.

Overview of KPEPA, 2014 Handling of hazardous substances (Section 15) Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose of, store, handle, deal in and use or import any hazardous substance except:(a) (b)

under a licence issued by the Agency and in such manner as may be prescribed; or in accordance with the provisions of any other law for the time being in force, or of any International Treaty, Convention, Protocol, Code, Standard, Agreement or other instrument to which Pakistan or the Province of the Khyber Pakhtunkhwa is a party.

Overview of KPEPA, 2014 Regulation of Motor Vehicles (Section 16) (1) Subject to the provisions of this Act, and the rules, notification and guidelines made there under, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the Khyber Pakhtunkhwa Environmental Quality Standards or where applicable the standards established under clauses (g) and (h) of sub-section (1) of section 6.

Overview of KPEPA, 2014 Regulation of Motor Vehicles (Section 16) (2)

For ensuring compliance with the standards mentioned in sub-section (1), the Agency may direct that any motor vehicle or class of vehicles or locomotive shall install such pollution control devices or other equipment or use such fuels or undergo such maintenance or testing as may be prescribed.

(3) Where a direction has been issued by the Agency under subsection (2) in respect of any motor vehicles or class of motor vehicles, or locomotives, no person shall operate any such vehicle till such direction has been complied with.

Overview of KPEPA, 2014 

Environmental Protection Order (Section 17) 1) Where the Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or the handling of hazardous substances, or any other act or omission is likely to occur, or is occurring, or has occurred, in violation of the provisions of this Act, rules, notifications and guidelines or of the conditions of a license or permit or environmental approval , and is likely to cause, or is causing or has caused an adverse environmental effect and violation of Khyber Pakhtunkhwa Environmental Quality Standards, the Agency may, after giving the person responsible for such discharge, emission, disposal, handling, act or omission, an opportunity of being heard, by order direct such person to take such measures that the Agency may consider necessary within such period as may be specified in the order.

Overview of KPEPA, 2014 Environmental Protection Order (Section 17) (2) In particular and without prejudice to the generality of the foregoing power, such measures may include:(i) immediate stoppage, preventing, lessening or controlling the discharge, emission, disposal, handling, act or omission, or to minimize or remedy the adverse environmental effect; (ii) installation, replacement or alteration of any equipment or thing to eliminate or control or abate on a permanent or temporary basis, such discharge, emission, disposal, handling, act or omission;

Overview of KPEPA, 2014 Environmental Protection Order (Section 17) (iii) action to remove or otherwise dispose of the effluent, waste, air pollutant, noise, or hazardous substances; and (iv) action to restore the environment to the condition existing prior to such discharge, disposal, handling, act or omission, or as close to such condition as may be reasonable in the circumstances, to the satisfaction of the Agency.

Overview of KPEPA, 2014 Environmental Protection Order (Section 17) (3) Where the person, to whom directions or orders, under subsection (1) are given, does not comply therewith, the Agency may:(i) ask the district administration and police to enforce or execute such orders or directions; (ii)

institute complaint before Environmental Tribunal or Environmental Magistrate to prosecute the violator, polluter, offender or defaulter; and

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impose and recover administrative penalty or pollution charges as may be applicable.

Overview of KPEPA, 2014 Environmental Protection Order (Section 17) (4) Notwithstanding the provisions of sub-section (1), where, for reasons to be recorded, the Agency is satisfied that prima facie evidence exists of the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or the handling of hazardous substances, or any other act or omission is likely to occur, or is occurring, or has occurred, in violation of the provisions of this Act and that the provisions of this Act will be otherwise violated, it may pass an ad-interim order without hearing requiring such person to take such measures that it may consider necessary provided that an ad-interim order must be followed by a hearing of the person affected at the earliest possible time but not exceeding thirty days.

Overview of KPEPA, 2014 Penalties (Section 18)  (1) Whoever contravenes or fails to comply with the provisions of sections 11, 12, 13, 14, and 17 or any order passed issued there under, shall be punishable with a minimum fine of fifty thousand rupees (50,000) which may extend to five million rupees (50,00,000), and in the case of a continuing contravention of failure, with a compulsory additional fine which may extend to one hundred thousand rupees (1,00,000) for every day during which such contravention or failure continues:

Overview of KPEPA, 2014 Penalties (Section 18)  (2) Whoever contravenes or fails to comply with the provisions of sections 15 and 16 or any rule or conditions of any license, any order, direction issued by the Council or the Agency shall be punishable with a minimum fine of two thousands (Rs. 2000) rupees which may be extend to one hundred thousands rupees (Rs. 1,00,000) and in case of continue violation an additional fine of rupees one thousand (Rs. 1000) per day during which contravention continues.

Overview of KPEPA, 2014  

Penalties (Section 18) (5) Where a person convicted under sub-section (1) or sub-section (2) had been previously convicted for any contravention under this Act or the rules made there under, the Tribunal or as the case may be Environmental Magistrate may, in addition to the punishment awarded there under:

(i) endorse a copy of the order of conviction to the concerned trade or industrial association, if any, or the concerned Provincial Chamber of Commerce and Industry or the Federation of Pakistan Chambers of Commerce and Industry;

Overview of KPEPA, 2014 

Penalties (Section 18) (ii) sentence him to imprisonment for a term which

may extend to two years; (iii) order the closure of the factory; (iv) order confiscation of the factory, machinery and equipment, vehicle material or substance, record or document or other object used or involved in contravention of the provisions of this Act;

Overview of KPEPA, 2014 

Penalties (Section 18) (v) order such person to restore the environment at his own cost, to conditions existing prior to such contravention or as close to such conditions as may be reasonable in the circumstances to the satisfaction of the Agency; and (vi) order that compensation to be paid to any person or persons for any loss, or damage to their health or property suffered by such contravention.

Overview of KPEPA, 2014 

Section 19: Offenses by Corporate Bodies.  Any contravention been committed by a body corporate & it has been proved that such offence has been committed with the consent or is attributed to any negligence on the part of any Director, Partner, Manager or other officer, he/she shall be deemed guilty of such contravention alongwith body corporate & shall be punished under the Act accordingly. Note: “body corporate” includes a firm, association of persons and a society registered under the Societies Registration Act, 1860 (Act No.XXI of 1860), or under the Co-operative Societies Act, 1925 (Act No. VII of 1925).

Overview of KPEPA, 2014 Offenses by Govt. Agencies, local authorities or local Council (Section 20)  Where any violation of this Act has been committed by a govt. body/corporate body & it has been proved that such offence has been committed with the consent or is attributed to any negligence on the part of any Head, Director, Partner, Manager or other officer, he/she shall be deemed guilty of such contravention along-with body corporate & shall be liable to be proceeded against & punished accordingly.

Overview of KPEPA, 2014 Establishment of Khyber Pakhtunkhwa Environmental Protection Tribunal (Section 21)  (1) Govt. shall by notification in official gazette establish one or more Environmental Protection Tribunals as it consider necessary with specify territorial limits.  (2) Tribunal Chairman must be a judge of High Court and consists of two technical members.  (3) Chairman and technical members may be appointed by Govt. with consultation with Chief Justice of High Court.

Overview of KPEPA, 2014 Establishment of Khyber Pakhtunkhwa Environmental Protection Tribunal(Section 21)  (4) The Chairman and at least on members sitting in mandatory. If Chairman not available than Senior members shall act as Chairman.  (5) The decision of the tribunal shall be expressed in terms of the opinion of the Chairperson.  (6) The Tribunal be bound to recall and rehear any witness who has given witness.  (7) The Tribunal may hold its sittings at such places within its territorial jurisdiction.

Overview of KPEPA, 2014 Jurisdiction & Powers of the Tribunals (Section 22)  (1) The Tribunal shall exercise such powers and such functions as are, or may be conferred upon or assigned to it by or under this Act or the rules made there under.  (2) All contravention punishable under subsection (1) of section 18 shall exclusively be triable by the Tribunal.  (3) The Tribunal shall not take cognizance of any offence triable under sub-section (2) except on a complaint in writing by:-

Overview of KPEPA, 2014 Jurisdiction & Powers of the Tribunals (Section 22) 

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(i) The Agency or any Govt. Agency or local council and (ii) Any aggrieved person, who has given a notice of not less than 30 days to the Agency in case of complaint against private person or organization or to the officer responsible, in case of complaint against Govt. Departments, local council and local authority of the alleged contravention and of his intention to make a complaint to the Tribunal.

Overview of KPEPA, 2014 Jurisdiction & Powers of the Tribunals (Section 22)  (4) In exercise of its Civil Jurisdiction, the Tribunal shall have the same powers vested in a Civil Court under the Code of Civil Procedure, 1908.  (5) In exercise of its Criminal Jurisdiction, the Tribunal shall have the same powers as are vested in the Court of Sessions under Code of Criminal Procedure, 1898.  (6) In exercise of the appellate jurisdiction, the Tribunal shall have the same powers and shall follow the same procedure as an appellate Court in the Code of Civil Procedure, 1908.

Overview of KPEPA, 2014 

Appeals (Section 23) 

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(1) Any person aggrieved by any order or direction of the Agency under any provision of this Act, and rules made there under may prefer an appeal to Tribunal of competent jurisdiction within thirty days of the date of communication of the impugned order or direction to such person.

(2) An appeal to the Tribunal shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.

Overview of KPEPA, 2014 

Appeals from orders of the Environmental Protection Tribunal (Section 24) 

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(1) Any person aggrieved by any final order or by any sentence of the Environmental Protection Tribunal passed under this Act may, within thirty days of communication of such order or sentence, prefer an appeal to the High Court.

(2) An Appeal under sub-section (1) shall be heard by a bench dully constituted by the High Court.

Enforcement of PEPA, 1997 a) Enforcement of National Environmental Quality Standards (Section 11). i) Industrial Pollution ii) Municipal Effluents

i) INDIUSTRIAL POLLUTION (Background) 

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Approximately 1700 industrial units are located mainly in industrial estates. 7 units of Cement and 5 units of Sugar are located out side industrial estates. Hundreds of Marble units are scattered in Peshawar, Nowshera, Mardan, Swat and Buner Districts. Similarly hundreds of brick kilns, stone crunchers, poultry and cottage industries are operating which need continuous monitoring. EPA Khyber Pakhtunkhwa was engaged in imparting training to industries, and other awareness activities till December 2004 when the tribunal was not established in Khyber Pakhtunkhwa. After the establishment of Environmental Protection Tribunal (EPT) in 2004, EPA, Khyber Pakhtunkhwa is continuously monitoring industrial units for pollution. Prosecution has been initiated against the industries violating NEQS.

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INDUSTRIAL POLLUTION (Monitoring) • EPA, Khyber Pakhtunkhwa has fully functional Laboratory with a capacity of monitoring both air and water parameters. • Published Environmental profile of the province in 1993. •Prepared Inventory of Industrial Discharges in 1996. •Published revised Environmental Profile of Province in 2009. •Currently the industrial units in the province are being regularly monitored

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INDUSTRIAL POLLUTION (Awareness & Training) •Sector specific workshops were arranged for major industrial sectors such as paper, sugar, ghee, cement and textile etc. •Waste minimization guidelines have been prepared for the major industrial sectors. •05 days Trainings were arranged by EPA and 529 officers/staff of Govt., industries and NGOs were trained.

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INDUSTRIAL POLLUTION (Guidance through demonstration) •In some sectors like marble and stone crushers, pollution control models have been established in different areas with financial assistance of the Provincial Govt. under ADP project . •Series of settling tanks were introduced to re use the water in marble industry, while dust control systems were constructed for stone crusher units. •More than 200 units have now replicated this pollution control system. •Almost all of the steel furnaces have now pollution control system indigenously designed.

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Action against Marble Units 

Under the directions of the Green Bench Peshawar High Court, Peshawar, the Khyber Pakhtunkhwa Environmental Protection Agency with the assistance of District Administration sealed 45 Marble units in District Bunner which were causing air, water and soil pollution. 58

Action against the Stone Crusher 

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So far this Agency has prosecuted the following stone crusher/chip stone/gypsum, for causing dust pollution and /or not constructing the dust rooms in their respective units. The details are given below: Stone crush units=43 Gypsum grinding units=18 Chips stone and powder units= 66 59

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Soap Stone units=03 After the instruction issued by the August Supreme Court of Pakistan, the Environmental Protection Agency (EPA) has further taken action against the violators of the Environmental laws in addition to the above detail which are given below: Stone crush units=49 (Total: 92) Chips stone and powder units= 04 (Total: 70) Marble Units: 304 (Total: 460) (Sealed: 45 Decided: 224, Under Process : 191) 60

Marble & Stone Crusher Units without Settling Tank

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Marble & Stone Crusher Units with Settling Tank

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INDUSTRIAL POLLUTION (Compliance) 

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All cement units have electrostatic precipitators or Bag filter technologies. More than 200 Marble units are now operating with zero discharge. 30 stone crushers have dust control system in place. All steel furnaces have pollution control system installed. Fauji Corn Complex situated in Distt: Swabi, Dewan Sulman and Pepsi Cola have installed waste water treatment plants which are all in operational state. Feasibilities on combined waste water treatment plants for Hattar & Hayatabad Industrial Estates are in progress by SDA.

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INDUSTRIAL POLLUTION (Prosecution) 

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Environmental Protection Tribunal was established in Khyber Pakhtunkhwa in 2004. 793 cases against the violators of PEPA, 97 out of which 500 have been decided. On average 400 per year notices of hearing have been issued. 1225 Environmental Protection Orders have been issued . Rs 2200,000/- have been collected as fine. Only 2 private complaints were submitted to the tribunal. * In February 2011 the chairperson resigned and tribunal was no more functional. Tribunal became functional in March 2012 but again became dis-functional in April 2012. 52 Complaints received by EPA in 2014 out of which 02 resolved, 4 cases submitted in EPT, EPO issued to 40 violators and 06 Hearing notices.

Cases Institut ed in Tribunal

Cases decide d by tribuna l

2004

01

01

2005

21

21

2006

40

39

2007

114

98

2008

95

84

2009

92

43

2010

159

118

2011

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5

2012

92

70

2013

9

21

2014

97

21

720

500

Year

Total

EPO Issu ed

793

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Pictures of the inside & outside of Environment of the Mill without installation of Air Pollution Control System (Mustahkam Steel Mill)

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Pictures of the inside & outside of Environment of the Mill before & after running the Wet Type Air Pollution Control System.

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Pictures of the inside & outside of Environment of the Mill before & after running the Dry Type Air Pollution Control System.

before

after

Mujahid Steel Mill

ii) MUNICIPAL EFFLUENTS 

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5 number of treatment plants were established in various cities of Khyber Pakhtunkhwa. However, none of them is functional till today. Ten municipal authorities ( 4 TMAs Peshawar, 1 each Abbotabad, Haripur, Bannu and 2 from Swat), one Cantonment Board (Bannu) and one Peshawar Development Authority (PDA) are being prosecuted for not treating their effluents.

Four Cases ( Town 1, 2, 3 and 4) have been disposed off by Environmental Protection Tribunal and the rest are yet under process. There is extreme pressure both from public and high court regarding the sanitation issue throughout the province which is basic responsibility of Local Government Department. 68

b) REVIEW OF ENVIRONMENT ASSESSMENT REPORT OF DEVELOPMENTAL PROJECTS (SECTION12)

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EIA screening also generates income for Government and many negative impacts of the project are mitigated through public consultation. EPA has reviewed 151IEEs and 52 EIAs of projects. Secretary, Environment, has been made permanent member of the PDWP. All PDWP & DDWP meetings are being attended by a representative of EPA. With the financial assistance of the provincial Govt. trainings are regularly arranged for the officers of line department on conducting Environmental Impacts Assessment of their projects at planning stage. 69

c) HAZARDOUS WASTE (SECTION 14) •

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Inventory of out-dated pesticides in the province has been prepared. 45 tons of out-dated pesticides were transported to UK for incineration while another 45 tones were safeguarded. With the technical assistance of EPA, four main hospitals of Khyber Pakhtunkhwa have installed incinerators. 31 private Hospital have been issued EPOs to make arrangements for their wastes.

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d) REGULATION OF VEHICULAR EMISSION (SECTION 15) •

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EPA Khyber Pakhtunkhwa has established a Vehicular Emission Testing Station (VETS) at Peshawar in 1997 for checking vehicular emissions. Vehicles were regularly checked at VETS. From 1st July, 2009 VETS Transport Department.

transferred to

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B) Environmental Monitoring a) Surface Water Quality b) Air Pollution c) Noise Pollution d) Land Pollution 72

a) Surface Water Quality •

Water quality survey of River Kabul and River Swat has been completed.

Concentration

of

Coliform bacteria in river Kabul water is 1600/100 ml of water as compared to WHO standard of 3 /100 ml of water. •

A complete survey of rievr swat was conducted in year 2008 and feasibility study for protection of river swat has been completed.

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b) Air Pollution •With the continuous air monitoring station at the roof top of EPA’s Building, air quality of Peshawar is continuously monitored for 24 hours. •Away from the traffic junction, the situation is better for the time being but with the increasing number of vehicles this might get worse in future. •Average carbon monoxide level at 26 traffic junctions in Peshawar is 17 PPM (Parts per million) as compared to the WHO (World Health Organization) standard of 9 PPM for 8 hours exposure. 74

Air Pollution (Regulating Vehicular Emission under Section-15) •

EPA KP had established a Vehicular Emission Testing Station (VETS) at Peshawar in 1997 for checking vehicular emission on self sustainable basis.

•

The facility had checked 500,000 plus vehicles across Khyber Pakhtunkhwa i.e. at Peshawar, Swat, Abbottabad, & D.I. Khan Regions during its tenure on regular basis.

•

However, VETS was transferred to Transport Department w.e.f 1st July, 2009. 75

c) Noise Pollution Noise pollution Peshawar City: •

•

Survey

of

Noise survey was conducted at the main traffic junctions and it was observed that the average noise level in Peshawar City is in range of 90dB-100dB as compared to the WHO limits of 85 dB (decibel). EPA mobile team, with the cooperation of traffic police, used to carried out campaigns against vehicles with loud pressure horns. This function has been transferred to transport department now 76

d) Land Pollution •

•



60 % waste is collected while 40% remain uncollected. 300 tones waste remain daily uncollected in Peshawar. No proper waste disposal process is adopted. Feasibility studies and PC-1 for solid waste and Effluent Management for Peshawar, D.I.Khan and Mingora has been prepared to improve the collection and disposal capacity of District Government. Feasibility studies for hospital waste in Peshawar city and electronic waste in the province are under progress.

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C) AWARENESS / TRAINING •

•







Several workshops have been held for Lawyers, Students, Doctors, Line departments, housewives and other general masses about healthy Environmental practices. 20 minutes Environmental Documentary have been prepared and telecasted through PTV Home and PTV National in Urdu, Pushto and English. Environmental messages are conveyed to the general masses through electronic & print media and digital display boards 75 Environmental clubs are established in the schools. World environment day, world earth day, world water day, biodiversity day etc are celebrated every year.

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Environmental Clubs

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AWARENESS / TRAINING (Cont:)

80

AWARENESS / TRAINING (Cont:)

81

World Environment Day

82

Air and Water Quality Analysis

83

Environmental Clubs and Plantation Campaign

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Progress on Scheme No.234 “Establishment of Climate Change Cell & Multilateral Environmental Agreements (MEAs)” 

Introduction: It is now fact that Climate of the world has been changed for the last three decades. This fact is based on scientific data including changing pattern of precipitation, snow fall, increase in temperature, globally. Pakistan is also one of the most vulnerable countries to the adverse effects of Climate Change. Keeping in view the sensitiveness of the Khyber Pakhtunkhwa Province, An ADP Scheme titled “Establishment of Climate Change Cell & Multilateral Environmental Agreements (MEAs)” was launched under the supervision of Environmental Protection Agency (EPA), Government of Khyber Pakhtunkhwa since June, 2014.

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Progress on Scheme No.234 “Establishment of Climate Change Cell & Multilateral Environmental Agreements (MEAs)” 

The actual purpose of the Project is to Draft Provincial Climate Change Policy & to Draft Action Plan for MEAs on Provincial Level. To draft Climate Change Policy, Consultancy Services have been awarded to LEADPakistan Consultants with effect from 09th March, 2015. The proposed policy would be completed in coming 15 calendar months.

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One Day Capacity Building Training Workshop on “CLIMATE CHANGE & MEAs” For Line Departments on Provincial Level, held at PAKISTAN FOREST INSTITUTE PESHAWAR on November the 11th, 2014

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One Day Capacity Building Training Workshop on “CLIMATE CHANGE & MEAs” For Line Departments on Provincial Level, held at Abdul Wali Khan University Mardan on February the 11th, 2015

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One Day Capacity Building Training Workshop on “CLIMATE CHANGE & MEAs” For Line Departments on Provincial Level, held at University of Science & Technology Bannu District on 02nd March, 2015

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Environmental Awareness Training in D.I Khan and Kohat (December, 2014)

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Major Issues 





Extreme Shortage of Staff

Budget for Regular activities (monitoring, awareness, prosecution etc). Environmental Protection Act 2014 (Tribunal, council, Environment Improvement fund , rules regulations) 91

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