features of water(prevention and control) act 1974

8/6/2019 Features of Water(Prevention and Control) Act 1974

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THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974.

[ACT NO. 6 OF 1974]This Act was enacted for prevention and control of water pollution and maintaining or

restoring of wholesomeness of water. The Central and State Pollution Control Boardshave been constituted under section 3 and 4 of the Act respectively. The Act was

amended in 1978 and 1988 to clarify certain ambiguities and to vest more powers in

Pollution Control Board. Salient items and obligations on the part of industries and local

bodies are:

1. To obtain prior consent to establish industry for new discharge U/S 25 of theAct. This is mandatory for every industry/local body discharging any domesticsewage or trade effluent into water, stream, well sewer or on land. For this

purpose consent application has to be filed with State Pollution Control Board(SPCB) in form XIII complete in all respects along with prescribed consent

fee. It is obligatory to provide additional information sought by The StateBoard. On receipt of application, State Board may grant the consent with

specific conditions and date of validity or refuse the consent for reasons to berecorded in writing.

2. Once after obtaining the consent to establish and installing all facilities ascommunicated by the industry, the industry shall apply for consent to operateU/S 25 of the Act for which same form XIII has to be used.

3. Similar provisions of application and grant of consent exists for industriesdischarging the trade/effluent waste prior to enactment of the Act [U/S 26 ofthe Act].

4. On expiry of period of 4 months of filing an application completed in allrespects consent shall be deemed to be given unconditionally unless consentis granted or refuse earlier. This will not hold however, if application is not

complete or State Board raises any query. which remain unanswered, inwhich case the period extends from the date of submission of additional

information i.e. complete information.

POWER OF STATE BOARD :

1. To obtain information: On construction, installation or disposal system if it hasany relevance to prevention or control of pollution [U/S 20].2. Carry out any related work : If any industry fails to take up the same despite

giving specific time bound notice by state Board, for execution of such workany expenses incurred along with interest may be recovered from such

person or industry as arrears of land revenue [U/S 30].3. Collect and analyze samples of streams / wells or trade effluent : in case of

trade effluent, in order to have legal validity, person taking sample shouldgive notice in prescribed form, divide the sample in two parts and seal if

request made by industry in this behalf. One part of sample is sent to labrecognized by State Pollution Control Board U/S 17 (2) and second part on

request and at the cost of occupier to the State Lab notified U/s 52 of the Act.4. To give direction : State Board has power to give directions to any

person/officer or authority, who will be bound to comply with the directions.The direction may include direction for closure/prohibition or regulation of any

industry operation or process or stoppage/regulation of services likeelectricity, water etc. The direction should be in writing and shall be (except

under cases of grave injury to environment) followed by opportunity of beingheard through a show cause notice U/S 33- A.

5. Enter and inspect any place for performing any of the functions of board or toassess compliance or to examine any plants, records, documents etc. and

seize, if necessary. [U/S 23].

APPEALS :

Any person aggrieved by an order of State Board U/S 25,26,27 (related to consent) canprefer an appeal U/S 28 within 30 days from date of receipt of the order. For this


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appellant has to follow prescribed procedure in the Rules. The State Govt. has constituted

an appellate authority for this purpose.

PENALTIES :

1. Section 41 (1) (Failure to provide information U/S 20) - Imprisonment up to 3

months fine up to Rs. 10000/= or both, which on continuous failure mayextend up to Rs. 5000/= per day.

2. Section 41 (2) (failure to abide by direction U/S 32 or 33 A) - Imprisonmentnot less than one year and six months but may extend to six years or fine up

to 5000/= per day or both; if failure continues beyond a year, imprisonment

form 2 to 7 years with fine.3. Section 42 (disturb facility/giving false information U/S 25or 26) -

Imprisonmentfrom 3 months or Rs. 10000/= or both.

4. Section 43, (discharge of effluent beyond permissible limits) - Imprisonmentnot less than one year and six months but may extend to six years or and

fine and if failure continues beyond 2 years up to 7 years imprisonment.5. Section 44 (use of outlet or new outlet for exchange of trade without prior.

6. Consent or establish any new process with out prior contact. E AIR

(PREVENTION & CONTROL OF POLLUTION) ACT, 1981

This is an Act to provide for the prevention, control and abatement of air pollution

in the country so as to preserve the quality of air. Central and State Boards

constituted under section 3 and 4 of Water (Prevention and Control Pollution)Act, 1974 were deemed also as Central and State Boards for Prevention and

Control of Air Pollution. The salient features of the Act are:

1. The Act is applicable to whole India.2. U/S 19 of the Act. the State Gov. in consultation with SPCB is vested with

power to declare Air Pollution Control Area. in which provisions of the Act

shall be applicable. Presently entire Uttar Pradesh has been declared pollutioncontrol area.

3. As per provisions in Sec. 21 (1) & (2), no person can establish or operate anyindustrial plant without the previous consent of State Pollution Control Board.

Every application for consent shall be made in Form-I and shall beaccompanied by prescribed fee.

4. Within a period of four months after the receipt of application, the Board shallcomplete the formalities to either grant, or refuse consent. During the course

of processing consent application, Board may seek any information about theindustry after giving notice in Form II.

5. U/S 22, 22 (A) operating any industrial plant so as to cause emission of anyair pollutant in excess of standard laid down by state Board is liable for

litigation by the board.

POWERS OF STATE BOARD :

Besides providing consultation to State Government for declaring or restricting an areas

as Air Pollution Control Area, State Board is vested with following powers :

1. Power of entry and inspection : Any person empowered by State Board shall

have right to enter the industry premises for determining the status ofpollution control equipment or otherwise nessary for compliance of the Act,

and the person concerned of the industry shall be bound to render assistanceas deemed necessary for ensuring measures, and carrying out functions laid

down in the Act. [U/S 24]2. Power to take samples : State Board or any person empowered by it shall

have power to take samples of air or emission from any chimney, flue or anyduct or any other outlet in such manner as may be prescribed. [U/S 26].

3. Power to give direction : State Board may issue any direction to any person,

authority including closure, prohibition or regulation of any industry and canalso issue directives for the stoppage or regulation of supply of electricity.


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water or any other services. The direction should however be preceded byproposed directive in writhing giving opportunity of being heard unless grave

injury to the environment is likely, in which proposed directive may beavoided [U/S 31 A]

PENALTIES :

Whoever fails to comply with the provision of section 21,22 or with direction as per sec.

31 (A), shall be punishable with minimum imprisonment of one and half year extending

up to 6 years and with fine, in case the failure continues, an additional fine extending to

five thousand rupees for every day during which such failure continues. The above termsof imprisonment in extreme case may extend to seven years with fine [U/S 37].

The penalties shall also be meted in following cases :

1. Tampering with notice of the Board.2. Obstructing the act of the person authorized by the Board.

3. Damaging any work or property of the Board.4. Failure to intimate emission of air pollutant in excess of prescribed norms.

5. Making false statement.

APPEALS :

Any person aggrieved by an order made by the State board under this act may appealwithin 30 days of receipt of the order. The appeal shall be made to an appellate authority

constituted by State Govt. On receipt of an appeal, its disposal shall be ensured as

expeditiously as possible. The rules made under the Act, provides procedures for filing an

appeal.ENVIRONMENT (PROTECTION) ACT, 1986

This is an Act to provide for the protection and improvement of environment and for

matters connected there with. This is a comprehensive umbrella legislation.

Salient feature are :

1. Central Govt. or any officer delegated by it has powers to :i. Take measures of protecting and Improving the quality of

environment. (Section - 3)

ii. Laying down environmental standards. (S- 3(2) (iii))iii. Laying down procedure, safeguards and remedial measures for

accidents. (S- 3(2) (iv))iv. Laying down procedure and safeguards of handling of hazardous

substances. (S- 3(2) (vii))v. Carrying out investigation and research reality to problem of

environment. (S- 3(2) (ix))vi. Obtaining information. (S- 3(2) (xii))

vii. Entry and inspection etc. (Section 3(2) (x))viii. Giving directions including direction for closure, prohibition or

regulations of industry/process/operation or stoppage/regulation ofsupply of electricity. water or any other service. (Section -5)

ix. Industries to be established in Doon valley area categorised underRed, Orange & Green category, where Red category is totally

prohibited, orange category industries can come up with permission ofGovernment when such permission is sought by SPCB while green

category industry can be established in approved industries are ofDoon valley after obtaining "No objection certificate' from the SPCB

without referring the same to the central Govt.2. Hazardous wastes (Management & Handling Rules), 1989 (as amended in

2000): Under these rules :


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i. Every occupier and operator of a facility handling hazardous waste(categories of wastes notified) has to apply and obtain authorization

from State Pollution Control Board and also report accidents to SPCBs.ii. Import of hazardous wastes is banned for dumping and disposal.

However, these may be allowed for processing by Ministry ofEnvironment & Forests, Government of India.

iii. The hazardous waste exporting country has to obtain permission fromcentral govt. for proposed trans-boundary movement of hazardous

waste.iv. Identification, inventory and study of disposal site is responsibility of

State Govt.

3. Hazardous chemicals (Manufacture, Storage & Import of hazardouschemicals) Rules, 1989 : Responsibilities of occupier dealing in hazardous

chemicals (as listed in schedule) or involved in storage (beyond thresholdlimits in schedule) include :

i. Identification of Major Accident Hazards (MAH) & take steps to preventsuch accidents apart form providing information, training & equipment

to dealing persons.

ii. Notify major accidents to concerned authorities.iii. Isolated storage : Account mentioned in Schedule 2 of Industrial

activity regarding hazardous waste.iv. Written reporting

v. Preparation of safety reports/updating such reportsvi. Preparation of on site Emergency Plan.

vii. Preparation of Off - Site Emergency Plan responsibility of chiefinspector of factories.

viii. Import of Hazardous Chemicals: Person responsible for import ofhazardous chemicals shall inform the details of recipient port of entry,

mode of transport quantity and product safety information. He shallabide by safety communicated.

4. Biomedical Waste Rules 1998 (as amended) : The rules relate to safehandling and management of biomedical waste being generated from

hospitals, nursing homes, research institutions, etc. standards for treatmentand disposal has been laid down. Each occupier of a facility handling these

wastes must obtain authorization of State Pollution Control Board and followthe provisions of the rules. Time schedule for installation of treatment

facilities have to be followed.5. Environmental Statement : This is mandatory for every industry, operation

process requiring consent under section 25 of Water Act or under section 21of Air Act or both or authorization under Hazardous Waste Management rules.

This is to be submitted in form-V to State Pollution Control Boards on of

before 15th May, of every financial year.

One special feature of EP Act 1986 is provision of taking cognizance of offence

in court of law by any person after giving notice of 60 days to Central Govt.

Other related rules of EP Act are:

i. Manufacture Use Import Export and Storage of Genetically Engineered

Micro-organisms or cell.ii. Scheme of labeling Environment friendly product ('ECOMARK').

iii. Coastal Zones Regulation notifications i.e. to restrict certaindevelopmental activities along the coastal zone.

This is an Act to provide for the collection and levy of cess with a view to augment the

resources of Pollution Control Board.1. The Act is applicable to all states where Water (Prevention & Control of

Pollution) Act is in force except J & K.2. The cess is payable by every person carrying on any industry and using water

for various purposes as prescribed under Schedule - II of the Act.3. The cess is based on water consumption, quality and purpose for which water

is used as below :


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4.

Purpose for which water is consumedRate of Cess under

section 2 of section 3

Rate of Cess sub

section 2 a of section 3

Industrial Cooling Spraying .5 Paise per KL 10 paise per KL

Domestic Purpose 2 Paise per KL 3 Paise per KL

Processing where by water gets polluted and

pollutants are easily biodegradable.10 Paise per KL 20 Paise per KL

Processing where by water gets polluted and

pollutants are not easily biodegradable.15 Paise per KL 30 Paise per KL

5. Every specified industry/local body has to affix meters for use of water and

file cess returns by 5th day of every month in specified form to State PollutionControl Board.

6. If is not paid with in the date prescribed in order, the same may result inimposition of interest (U/S -7) and penalty (U/S-11) of the Act

7. Rebate @ 25% of cess is applicable, if effluent/sewage treatment plant isinstalled, provided, provision of Water Act. 1974 are complied and quantity of

water used does not exceed the norms specified U/R 6 of cess rules 1978.8. Provision of appeal exists for aggrieved persons to appellate authority,

against the order of case Assesment (U/S 6) or Penalty order (U/S-11) of theAct.

PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION

1. Person carrying on any industry or operation not to discharge/emit any airpollutant beyond prescribed standard (Section - 7).

2. Person not to handle any hazardous substance expect in accordance with

prescribed procedure (Section - 8).

3. Person carrying on any industry is bond to mitigate the environmental pollutioncaused due to any accident or un for seen act and shall inform such occurrence to

authorities prescribed this regard. (Section - 9).

4. Power and procedure of taking samples of environmental pollutants by the

officers empowered by the central government. (Section - 11). RCONTRAVENTION OF THE ACT

1. Failure to avoid by the provision of the Act and rules made these under mayattract penal consequences both by way of punishment up to 5 years with five

up to one lakh rupees and in case of continuation of failure with additionalfive of rs. five thousand till such failure continues. (Section - 15).

2. Court should not take cognizance of offences unless it has been filled by thecontrol govt. person having given a sixty day prior notice of his intention to

make a complaint, is also competent to fine a complaint. (Section - 22).

3. No civil court shall have justification over the matter arising out of any order,

action under this Act and rules. (Section - 22). ONASSESSMENT RULES 1994

Expansion or modernization of any activity which leads to extension of pollution load ora new project listed in schedule - 1 to the rules shall not come into operation unless it

requires the clearance of the central govt.IABIY INSURANCE ACT 1997

This Act has been enacted for redressed of the person who have been affected by accident

occurring while handling any hazardous substance.

The owner is liable to compensate the person (other that the workman) who have suffered

to death or injury due to any accident.

features of water(prevention and control) act 1974

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