The Tax PublishersPrevention and Control of Water Pollution

The Act envisages various steps for prevention and control of water pollution. The Act also confers various powers to the Government and Board for carrying out the objectives of Act namely, prevention, control and abatement of water pollution. The various measures taken for prevention and control of water pollution and related powers of Government and Board are discussed in this chapter.

1. Power of Government to give directions [Section 18]

Section 18 of the Act empowers the appropriate Government to give directions in writing to Board for the performance of its functions under this Act. The Central Board shall be bound by directions given by the Central Government and State Board shall be bound by directions given by the State Government and the Central Board.

Where it is found by the Central Government that any State Board has defaulted in complying with any directions given by the Central Board and as a result a grave emergency has arisen, it may, by order direct the Central Board to perform any of the functions of the State Board in relation to such area for the specified period and any expenses so incurred in connection therewith be recovered by the Central Board (if the State Board is also empowered to recover such expenses) along with interest from the persons concerned as arrears of land revenue.

2. Water Pollution Control Areas [Section 19]

The State Government after consulting with the State Boards, can declare some area as water pollution control areas and in such case, State Government may restrict the application of this Act to those specified areas, by notification in the Official Gazette. The water pollution, prevention and control area may be declared either with reference to a map or line of any watershed. The area declared can be altered, added or deleted.

3. Power of Board to obtain information [Section 20]

For the purpose of enabling a State Board to perform the functions conferred on it by or under this Act, the State Board or any authorised officer, may make surveys of any area and gauge and keep records of the flow or volume and other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such area. It may also carry out stream surveys and may take necessary steps in order to obtain any information required for the purposes aforesaid. [Section 20(1)] Any person abstracting water from any stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream or well or is discharging sewage or trade effluent into any such stream or well, can be asked to give information about the such abstraction or the discharge. [Section 20(2)] A State Board can require any person in charge of any establishment where any industry, operation or process, or treatment and disposal system is carried on, to furnish to it information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment and other prescribed particulars.

4. Power to take samples of effluents [Section 21]

Section 21(1) empowers the State Board or officer empowered by State Board to take samples of water from any stream or well or samples of any sewage or trade effluent for analysis after taking sample, following procedure shall be followed :

(i) As per section 21(2), when any sample is proposed to be taken, the person taking the sample shall :

(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, of his intention to have it so analysed;

(b) in the presence of the occupier or his agent, divide the sample into two parts;

(c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;

(d) send one container forthwith--

(1) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognised by the Central Board under section 16; and

(2) in any other case, to the laboratory established or recognised by the State Board under section 17;

(e) on the request of the occupier or his agent, send the second container,--

(1) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and

(2) in any other case, to the laboratory established or specified under sub-section (1) of section 52.

(ii) When a sample of any sewage or trade affluent is taken for analysis and the person taking the sample serves on the occupier or his agent, but the occupier or his agent wilfully absents himself, then, the sample so taken shall be placed in a container which shall be marked the sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in section 51(1) or 52(1) and such person shall inform the Government analyst appointed under sub-section (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent and the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable as an arrear of land revenue. [Section 21(4)]

(iii) When the person taking the sample serves a notice on the occupier or his agent who does not make a request for dividing the sample into two parts then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in section 16 or 17 as the case may be. [Section 21(5)]

It is to be noted that result of analysis of any sample shall not be admissible as evidence in any proceedings unless the procedure mentioned in point (i) to (iii) above is followed.

5. Report of the result of analysis [Section 22]

Under section 22 where a sample has been sent for analysis to the laboratory established or recognised by the appropriate Board the concerned Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed form of the result of such analysis in triplicate to the concerned Board who shall send one copy of the report to the occupier or his agent referred to in section 21.

Where a sample has been sent for analysis to any laboratory mentioned in section 51(1) or 52(1) the Government analyst shall analyse the sample and submit a report in prescribed form of the result of the analysis in triplicate to the concerned Board.

In case of any inconsistency or discrepancy between the results of the analysis carried out by the laboratory established or recognised by the Central Board or the State Board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail.

Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.

6. Power of entry and inspection [Section 23]

As provided by section 23, any person empowered by a State Board shall have a right at any time to enter, with such assistance as he considers necessary, any place for--

(i) performing any of the functions of the Board entrusted to him;

(ii) determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorisation served, made, given, or granted under this Act is being or has been complied with;

(iii) examining any plant, record, register, document, etc. or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being, or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder :

However, the right to enter for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes.

The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, the provision of any corresponding law in force in any State, shall, apply to any search or seizure under this section.

7. Prohibition on use of steam or well for disposal of polluting matter [Section 24]

Section 24(1) of Water Pollution Act prohibits use of steam or well for disposal of any provisions, noxious or polluting matter by any person knowingly. Similarly, no person shall knowingly cause or permit any other matter to enter into any stream which may impede the proper flow of the water of the stream in a matter leading to aggravation of pollution. However the State Government may, after consulting the State Board, may after consulting the State Board, may exempt any person from the operation this section, by a notification in Official Gazette.

A person shall not be guilty of an offence under sub-section (1) by reason of having done, any of the following acts, namely :

(i) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent work which he has a right to construct, improve or maintain,

(ii) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream;

(iii) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream;

(iv) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream.

8. Restrictions on new outlets and new discharges [Section 25](i) New or altered output definition

'New or altered outlet' means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement. [Section 25(8)(a)]

(ii) New discharge definition

'New discharge' means a discharge which is not, as respects the nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge. [Section 25(8)(b)]

Section 25 of the Act contains restrictions on establishment of new outlets and new discharges. Accordingly, the provisions contained therein section 25 are as under :

(i) As provided by section 25(1) no person shall, without the previous consent of the State Board,--

(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or

(b) bring into use any new or altered outlet for the discharge of sewage; or

(c) begin to make any new discharge of sewage:

However a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of ' three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application.

(ii) An application for consent of the State Board shall be made in prescribed form. The State Board may make necessary inquiry in respect of the application for consent and in making any such inquiry shall follow prescribed procedure.

(iii) The State Board may--

(a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage; or in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and any such conditions imposed shall be binding on any person referred to in that sub-section.

(b) refuse such consent for reasons to be recorded in writing.

(iv) Where, without the consent of the State Board, any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may serve on the person concerned a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge.

(v) Every State Board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.

(vi) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board.

9. Provision regarding existing discharge of sewage or trade effluent [Section 26]

Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent into a stream or well or sewer or on land the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette.

10. Refusal or withdrawal of consent by State Board [Section 27]

As per section 27(1), a State Board shall not grant its consent under section 25 for the establishment of any industry, operation or process or treatment and disposal system or extension thereto, unless it is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.

A State Board is also empowered from time to time review any condition imposed under section 25 or 26 and to serve on the person concerned, a notice making any reasonable variation of or revoking any such condition. It may also review the refusal or grant of any consent without any condition.

11. Power of State Board to carry out certain works [Section 30]

Under section 30 of the Act, where any condition imposed in relation to grant of consent requires such person to execute any work in connection therewith and such work has not been executed within specified time, such person shall be served with a notice from State Board to execute the work within the specified time (not being less than thirty days) and in case of failure, the Board may itself execute such work. All the expenses incurred in this behalf along with interest from the date of demand for the expenses until it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue.

12. Furnishing of information to State Board and other agencies [Section 31]

As required by section 31 of the Act, a person is required to intimate the State Board of the occurrence of any accident, unforseen act or event if the carrying on any industry, operation or process or any treatment and disposal system due to such accident, event or act or discharging of any poisonous, noxious or polluting matter is likely to cause the pollution of water in any stream or well. Any local authority operating any sewerage system or sewage works, is also obligated under this section to furnish necessary intimation to the State Board and other prescribed authorities.

13. Emergency measure in case of pollution of stream or well [Section 32]

Where any poisonous, noxious or polluting matter is present in any stream or well or on land by reason of the discharge of such matter in such stream or well or on such land or has entered into that stream or well due to any accident or other unforeseen act or event, and if the Board is of opinion that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out necessary operations for all or any of the following purposes, that is to say,--

(i) removing that matter from the stream or well or on land and disposing it of in appropriate manner;

(ii) remedying or mitigating any pollution caused by its presence in the stream or well;

(iii) issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter into the stream or well or on land, or from making insanitary use of the stream or well.

The aforesaid power conferred by section 32(1) does not include the power to construct any works other than works of a temporary character which are removed on or before the completion of the operations.

14. Power of Board to make application to courts [Section 33]

Section 33 empowers the Board to make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause water pollution from disposal of any matter in stream or well or in any sewer or on any land, or otherwise.

On receipt of an application the court may make such order as it deems fit and in that order.

(i) direct such person to desist from taking such action as is likely to cause pollution or, to remove from such stream or well, such matter, and

(ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in a specified manner.

All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii) above or in the disposal of any such matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand.

15. Power to give directions [Section 33A]

A Board is empowered under section 33A to issue any directions in writing to any person, officer or authority who shall be bound to comply with such directions. The power to issue directions under this section includes the power to direct--

(a) the closure, prohibition or regulation of any industry, operation or process;

(b) the stoppage or regulation of supply of electricity, water or any other service.

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