4.

3 Environmental Clearance Certificate (ECC) for Textile Operations

Obtaining Environmental Clearance Certificate (ECC) is a mandatory requirement for Amber B and Red
category projects (ECR, 1997). DoE regards textile washing, dyeing and finishing operations as serious
environmental threats, and places them in the Red category. To obtain an ECC companies must conduct
an Environmental Impact Assessment (EIA) and get it approved by the DoE. Although this is required
under the Environmental Conservation Act 1995, EIAs for industrial projects are not mentioned by The
National Environment Policy itself. This absence may be a reason why decision-makers are unwilling to
put in place an effective EIA system. Nor has the DoE enacted any statutory EIA guidelines, although the
DoE has published non-statutory guidelines for industrial projects. Without a proper EIA system, the
compliance mechanism to ensure proper implementation of environmental laws will remain inadequate.

4.5 Legal Actions for Violation of Standards in Effluent Discharge

The DoE may issue penalties based on the polluter pays principle on any Industry violating emissions
standards in the Environment Conservation Rules 1997, or they may issue warning and directives to
mitigate the problem within a stipulated time. If the factory fails to comply within the stipulated time,
DoE may initiate legal proceedings. If an enterprise is in commercial operation without a valid ECC the
DoE will issue a directive for the company to obtain one within a stipulated time, and can institute legal
proceedings in case of failure to comply. A complaint against a polluter can be initiated by the DoE or
begin with a complaint by members of the community. The DoE gives up to three notices to the factory
to mitigate the problem. The first and second notices give the factory 15 to 30 days to address the
problem, failing which the DoE will issue a third and final warning, and if there is still no response will
initiate legal proceedings. The Director General (DG), DoE has the right to issue a closure notice, until
and unless the factory is ready to operate in compliance. To enhance enforcement against environmental
pollution, DoE has since 2010 deployed mobile magistrates, who can act with the authority of a director
of the DOE. So far about 2000 factories have been fined a total of about taka 200 crore (approximately
€23 million). In many cases, industries have the right to appeal to MOEF against the ruling or the penalty
or can directly petition the judicial court.