ENVIRONMENTAL LEGISLATION TO CONTROL WATER POLLUTION Prepared by:- Adv. Dr. Sadhana Mahashabde
Salient Features of Water Act, 1974 Act defines important definitions like Stream, Outlet, Sewer, Pollution, Trade Effluent, etc. Act Constitutes i. CPCB ii. MPCB iii. Joint Board with terms and conditions of service, meeting etc. Lists the functions of above boards Lists power of the State Boards like i. Power to obtain information [S.20] ii. Power to take samples [S.21] iii. Power of entry and Inspection [S.23] State Board gives consent to establish and consent to operate [S. 24, S.25, S.26] Right to Appeal and Right to Revision [S.28, S.29] Stringent penalties and punishment Maximum fine Rs. 5,00,000/- Maximum Punishment 7 years [S.41 to S.50] Power to give directions [S.15 to S.18] i. Central Government to State Government ii. Central Government to SPCB iii. State Government to SPCB
Constitution of Central Pollution Control Board under Water Act, 1974 (CPCB) [S.3] CPCB is Constituted by Central Government and it has maximum 17 members One full time Chairman Maximum 5 members to represent Central Government Maximum 5 members to represent State Boards Maximum 3 members to represent the interests of agriculture, fishery or industry or trade Maximum 2 members to represent the companies or corporations One full time Member Secretary (IAS)
Constitution of State Board under Water Act, 1974 [S.4] State Board is constituted by State Government and it has maximum 17 members One Chairman Maximum 5 members to represent State Government Maximum 5 members to represent Local Authorities Maximum 3 members to represent the interests of agriculture, fishery or industry or trade Maximum 2 members to represent the companies or corporations One full time Member Secretary
Constitution of Joint Board under Water Act, 1974 [S.13 S.14] Joint Board is constituted by Central Government for two or more Contiguous States or Union Territories One Chairman 2 members nominated by Contiguous States or Union Territories by respective State Government One member to represent local authorities from each States or Union Territories by respective State Government or Union Territories One member each to represent agriculture, fishery or industry or trade from respective State or Union Territories by respective State Government 2 members to represent the companies or corporations by Central Government One full time Member Secretary
Functions of Central Board under Water Act, 1974 [S.16] For the Prevention, Control, Abatement of Water Pollution To advice Central Government To Co-ordinate the activities of State Board To guidance and assistance to State Board For training of persons Organize comprehensive programs Publish technical and statistical data Laydown Standards
Functions of State Board under Water Act, 1974 [S.17] For the Prevention, Control, Abatement of Water Pollution To advice State Government Plan comprehensive programs for state Collect information Investigation and Research Inspect sewage, trade effluents, plants Lay down standards
Sampling and Environmental Labs under Water Act, 1974 Procedure laid down for sampling [S. 21] Notice to occupier Divide sample in two parts Container is sealed and marked Environment labs are established by CG, SG, CPCB and SPCB Case Law Delhi Bottling Company Pvt. Ltd. V/s CPCB _ AIR 1986 DEL 152
Pollution Control by SPCB under Water Act, 1974 Consent to Establish and Consent to Operate by SPCB [S. 24 to S. 26] Power to give directions like closure [S. 33] Power to stoppage of supply of electricity and water Case Law M. C. Mehta (Calcutta Tanneries Matter) V/s Union of India & Ors. _ 1997 (2) SCC 411
Appeals and Revisions against SPCB Consents/ Consent Conditions [S.28 and S.29] Appeal is filed against Special Appellate Authority (at Mantralaya) not in any of the courts Revision is also filed against Special Authority (Now in NGT)
Stringent Penalties and Punishments under Water Act, 1974 [S.41 to S.50] Board has got power to obtain information [S.20] if infringed more Rs. 5000/- per day If obstructing SPCB person or measuring devises destroyed or fail to inform SPCB about any accident, provide false information etc. punishment up to 3 month and fine up to Rs. 10,000/- Fails to comply directions- maximum punishment upto 6 years or Rs. 5000/- per day If failure continue maximum punishment upto 7 years Case Law M. C. Mehta V/s Kamalnath _ 1997 (1) SCC 388
Important Cases M. C. Mehta (Calcutta Tanneries Matter) V/s Union of India & Ors. _ 1997 (2) SCC 411 M. C. Mehta V/s Union of India & Ors. (Ganga Pollution Case) _ 1992 SUPP (2) SCC 633 Vanshakti Public Trust & Ors. V/s MPCB & Ors. _ Application No. 37 of 2013 NGT Order dated 02/07/2015 Delhi Bottling Company Pvt. Ltd. V/s CPCB _ AIR 1986 DEL 152 Bhavani River- Shakti Sugar Mills Ltd. (Madras) _ 1998 (6) SCC 335 M. C. Mehta V/s Kamalnath _ 1997 (1) SCC 388