The Water prevention and control of pollution Act 1974
The Water prevention and control of pollution Act 1974 Notes
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution and for the maintaining or restoring wholesomeness of water in the country.
The Water prevention and control of pollution Act 1974
The Water prevention and control of pollution Act 1974
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The Water prevention and control of pollution Act 1974
The Water prevention and control of pollution Act 1974
The Water prevention and control of pollution Act 1974
Introduction
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988. The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities.
This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.
Definitions
In this Act, unless the context otherwise requires,—
Section 2 (a) -“Board” means the Central Board or a State Board;
Section 2 (e) -“pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms;
Agencies for controlling Water Pollution
Central Board- Central Pollution Control Board
Constitution and Composition (Section 3)
The Central Government can establish the Central Pollution Control Board as outlined in an official gazette notice. The board comprises:
- A chairman appointed by the Central Government, with expertise in environmental protection.
- Up to 5 Central Government officials.
- No more than 5 nominees from the State Boards.
- A maximum of 3 members representing agriculture, fisheries, trade, or related interests.
- 2 representatives from companies owned by the Central Government.
- A full-time Member Secretary with experience in scientific management and environmental pollution prevention.
Functions of Central Board (Section 16)
The Central Pollution Control Board should:
- Advise the Government : Provide recommendations on policies and strategies for preventing and controlling water pollution.
- Coordinate State Boards : Facilitate communication and collaboration among State Pollution Control Boards to resolve disputes and ensure cohesive efforts.
- Offer Technical Assistance : Support State Boards with expertise and resources to tackle water pollution challenges effectively.
- Organize Training Programs : Conduct training for individuals involved in water quality management to enhance their skills in pollution control.
- Raise Public Awareness : Launch media campaigns to educate the public about water pollution prevention and promote actionable steps for individuals and communities.
These actions will enhance the effectiveness of water pollution management efforts.
State Board- State Pollution Control Board
Constitution and Composition (Section 4)
The state government has the authority to establish a State Pollution Control Board through an official notice in the Gazette. The composition of the state board includes:
- Chairman: An individual with knowledge or experience in environmental pollution cases.
- Government Members: Up to 5 representatives appointed by the state government.
- Local Authority Members: No more than 2 from local authorities.
- Interest Representatives: Up to 3 nominees representing fisheries, agriculture, trade, and other interests.
- Corporate Representatives: 2 from state-controlled companies or corporations.
- Member Secretary: A qualified individual with expertise in environmental pollution.
Functions of State Board (Section 17)
- Comprehensive Planning: Create and implement a detailed action plan.
- Government Advisory: Offer guidance to the State Government on pollution issues.
- Training Partnerships: Collaborate with the central board for personnel training.
- Effluent Standards: Establish and modify standards for sewage and trade effluents and assess water quality.
- Agricultural Utilization: Develop methods for using treated sewage and trade effluents in agriculture.
- Laboratory Setup: Empower the state Board to establish labs for sampling and analyzing water.
Prevention and Control of Water Pollution
Under Section 19 of the Act, the state board can define the territorial jurisdiction of its orders related to water pollution control. This means orders will apply only to areas affected by pollution, and the board determines which areas are classified as polluted based on maps, watersheds, or district boundaries.
Section 20 of the Act allows the State Pollution Control Board to inspect land and conduct surveys to prevent water pollution. It can request companies to provide information on their operations.
Section 21 permits the Board or its employees to analyze streams or wells for pollution control.
The Board can restrict access to individuals dealing with poisonous or polluting substances as per established standards. According to Section 25, no industry can begin operations or sewage treatment without the Board’s prior approval, which may include specific conditions.
If operations start without approval, the Board can impose conditions. Section 27 enables the Board to deny approval for setting up or continuing operations if compliance issues are found and allows reevaluation of previously granted conditions.
Samples of effluents
Samples of effluents under the Water Act of 1974 typically include various types of wastewater generated by industrial, domestic, and agricultural activities. These samples are analyzed to assess their chemical and biological characteristics to ensure compliance with environmental standards.
Section 21 of the Water (Prevention and Control of Pollution) Act, 1974, allows the State Pollution Control Board (SPCB) or its authorized representatives to analyze and monitor water bodies, including streams and wells, to ensure the effective control of water pollution.
Procedure
- Sampling : The Board can take water samples for testing to evaluate pollution levels.
- Monitoring: It conducts inspections to identify pollution sources and assess control measures.
- Regulatory Authority: This section reinforces the Board’s role in maintaining water quality and public health.
- Enforcement: If pollution exceeds limits, the Board can take action against violators, which may include fines, restrictions, or directives for remedial measures.
Refusal or Withdrawal of Consent by the State Board [section -27]
The State Board will not grant consent for establishing any industry, operation, process, or treatment and disposal system unless it complies with specific conditions that allow the Board to take effluent samples. The State Board has the authority to review any conditions imposed under sections 25 or 26 periodically. This includes the ability to notify the relevant party about reasonable changes or revocations of such conditions.
The Board may also revisit the refusal of consent or the granting of consent without conditions, making any necessary orders that it finds appropriate. Conditions imposed under sections 25 or 26 remain effective until they are revoked based on the Board’s review process.
Consent requirement – procedure
The consent requirement procedure under the Water (Prevention and Control of Pollution) Act, 1974 includes:
- Application Submission – Industries seeking to discharge effluents must apply for consent to the State or Central Pollution Control Board.
- The Board reviews applications for compliance with water quality standards and potential environmental impacts.
- In some cases, the Board may conduct public consultations to gather input from stakeholders and the local community regarding the proposed project.
- The Board grants or refuses consent, and if granted, it may include specific conditions.
- Conditions may include limits on effluent discharge, monitoring requirements, or specific measures to prevent pollution.
- The Board periodically reviews consent and can modify or revoke it as necessary.
- Consent remains effective until revoked or changed by the Board.
This procedure helps prevent and control water pollution while promoting sustainable development.
Citizen suit provision
The citizen suit provision under the Water (Prevention and Control of Pollution) Act, 1974, allows individuals or groups to take legal action against entities they believe are violating the provisions of the Act or causing water pollution. This provision empowers citizens to play a proactive role in protecting water resources and ensuring compliance with pollution control measures. Key features of the citizen suit provision include:
- Any individual or organization may file a suit if they have a genuine interest in protecting the environment and believe their interests are being harmed by pollution.
- Citizens can seek various forms of relief through the courts, including injunctions to stop polluting activities, enforcement of compliance with the Act, or compensation for damages caused by water pollution.
- It is often required that the concerned authorities (such as the State Pollution Control Board) be notified about the violations before filing a suit, allowing them an opportunity to address the issue.
- The provision emphasizes the importance of public interest in environmental protection and reflects a broader commitment to engage the community in safeguarding natural resources.
- Courts have the authority to review cases brought under this provision and can issue directions to ensure adherence to water quality standards. This citizen suit provision strengthens the framework for water pollution control by encouraging community involvement and enhancing accountability among polluters.
Municipal Council, Ratlam vs. Vardichand (1980) In this landmark case, the Supreme Court of India emphasized the importance of proper sewage disposal and environmental protection. The court directed the Municipal Council to take immediate steps to control water pollution caused by untreated sewage being discharged into the nearby water bodies. The ruling highlighted that the authorities have a duty to ensure public health and take measures to prevent water pollution.
The Water prevention and control of pollution Act 1974
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The Water prevention and control of pollution Act 1974
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