Definitions
In this Act, unless the context otherwise requires,—
(a) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;
(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;
(c) "environmental pollution" means the presence in the environment of any environmental pollutant;
(d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;
(e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;
(f) "occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;
(g) "prescribed" means prescribed by rules made under this Act.
In plain English
What this section actually means
Section 2 is the dictionary that the rest of the Act reads back into. Each defined term is deliberately written wide so that the substantive provisions — particularly Sections 3, 5, 7, 8 and 15 — can stretch over the widest possible range of conduct.
"Environment" is not just air, water and land — it explicitly includes the inter-relationship between those media and humans, animals, plants, micro-organisms and even property. So degrading a wetland's hydrology or harming a coral reef is just as much harm to the 'environment' as smoke from a chimney.
"Environmental pollutant" turns on concentration, not on the substance itself. Anything in a quantity that is, or even tends to be, injurious counts. That is why mercury at 0.001 mg/L can be lawful while at 0.01 mg/L it becomes a pollutant.
"Environmental pollution" simply means the presence of any such pollutant — no separate harm threshold has to be proved, just the prescribed-limit overshoot under Section 7.
"Handling" is the most expansive verb in the Act. It covers manufacture, processing, treatment, packaging, storage, transport, use, collection, destruction, conversion, sale, transfer — basically every commercial step. Plug that into Section 8 and almost any business touching a hazardous substance is governed by EPA.
"Hazardous substance" is keyed to harm potential — not a static list. If the chemistry, physico-chemistry or handling pattern is liable to cause harm, the substance is hazardous. This is why the Centre's Hazardous Wastes Rules and Manufacture, Storage and Import of Hazardous Chemicals Rules sit comfortably under Section 2(e).
"Occupier" picks up a concept already familiar from the Factories Act, 1948 — the person who controls the affairs. Importantly, for substances, the occupier is the person in possession. This is what lets enforcement agencies pin liability on the factory manager, the warehouse operator or the transporter, depending on where the substance happens to be.
"Prescribed" is shorthand: anywhere the Act says 'prescribed', it means rules made under Section 25 — and the principal subordinate legislation is the Environment (Protection) Rules, 1986.
Defined terms
How the Act defines the words it uses
- Environment§2(a)
- Includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.
- Environmental pollutant§2(b)
- Any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.
- Environmental pollution§2(c)
- The presence in the environment of any environmental pollutant.
- Handling§2(d)
- In relation to any substance, manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance.
- Hazardous substance§2(e)
- Any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
- Occupier§2(f)
- In relation to any factory or premises, a person who has control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance.
- Prescribed§2(g)
- Prescribed by rules made under this Act — primarily the Environment (Protection) Rules, 1986.
Visual
See how it flows
Old vs new
Pollutant vs. Pollution — read carefully
EPA distinguishes between the substance and its presence in the environment.
- Any solid, liquid or gaseous substancePresence of any such pollutant in the environment
- Threshold: concentration must be (or tend to be) injuriousThreshold: mere presence — once you have a pollutant, you have pollution
- Used in Section 7 (no emission in excess of standards)Used as a defined target throughout — Section 3, Rules, etc.
Real life
What this looks like in real life
Is a tannery's chrome-laden effluent a 'hazardous substance'?
Setup. A leather-tanning unit discharges effluent containing trivalent and hexavalent chromium into a public drain that joins a river. The owner argues chrome compounds are routine industrial inputs.
What the law does. Section 2(e) turns on whether the substance is 'liable to cause harm' through its chemistry or handling. Hexavalent chromium plainly is — it is mutagenic and toxic at low concentrations. The effluent therefore squarely fits 'hazardous substance', triggering Section 8 procedural safeguards and Section 15 penalties for any breach.
Who is the 'occupier' of a hired warehouse storing pesticides?
Setup. A pesticide manufacturer rents a warehouse and parks 14 tonnes of imported chemicals there awaiting onward sale. The warehouse is leased and operated by a third-party logistics provider.
What the law does. Section 2(f) makes the occupier the person in 'control of the affairs' of the premises and in 'possession' of the substance. Both the warehousing company (premises control) and the manufacturer (substance possession) qualify. Liability under Sections 8, 9 and 15 attaches to both — they cannot point at each other to escape.
Frequently asked
Questions about Section 2
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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