Water Pollution Bills: Understanding The Cost Of Clean Water

Water pollution bills are laws that aim to prevent and control water pollution. The Water (Prevention and Control of Pollution) Act, 1974, has been a cornerstone of India's environmental legislation, ensuring sustainable management of water resources. In 2024, the Indian Parliament approved an amendment to this Act, which was introduced to address certain shortcomings and adapt regulatory frameworks to contemporary needs. This amendment bill seeks to decriminalize minor violations, impose penalties, and exempt certain industrial plants from obtaining prior consent for operations that may discharge sewage. In the United States, the Clean Water Act (CWA) is the primary federal law governing water pollution, with the objective of restoring and maintaining the integrity of the nation's waters. The CWA provides funding for wastewater treatment and wetland protection, and its laws are administered by the Environmental Protection Agency (EPA) in coordination with state governments.

The Water (Prevention and Control of Pollution) Amendment Bill, 2024

The Bill empowers the central government to exempt specific categories of industrial plants from certain restrictions, such as those on new outlets and discharges. This provision aims to streamline regulatory processes, reduce duplication of efforts, and alleviate unnecessary burdens on regulatory agencies, promoting efficiency. The central government is also authorised to prescribe guidelines for the nomination of chairpersons of State Pollution Control Boards and issue directives regarding the grant, refusal, or cancellation of industry-related consents.

The Amendment Bill addresses the issue of cognizance of offences, stating that a court may take cognizance if a complaint is made by the CPCB, SPCB, or an adjudicating officer. In the case of offences committed by government departments, the head of the department will be deemed guilty unless they can prove due diligence was carried out to avoid contravention. The Bill further outlines that the head of a department will be required to pay a penalty equal to one month's basic salary if the department violates any provision of the Act.

Central and state pollution control boards

The Water (Prevention and Control of Pollution) Act, 1974 establishes the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs) to prevent and control water pollution. The CPCB is the apex organisation in India in the field of pollution control and acts as a technical wing of the Ministry of Environment and Forests (MoEFCC). It provides technical services to the MoEFCC and promotes the cleanliness of streams and wells in different areas of the states by preventing, controlling, and abating water pollution. The CPCB collects information from municipal authorities and provides them with technical assistance. It also regulates and controls noise-producing and generating sources with the objective of maintaining ambient air quality standards.

The CPCB has approximately 500 full-time employees, including engineers, scientists, and environmental protection specialists. It runs nationwide programmes of ambient air quality monitoring, such as the National Air Quality Monitoring Programme (NAMP), which covers 262 cities/towns in 29 states and 5 Union Territories. The CPCB also established a nationwide network of water quality monitoring, with 1019 stations in 27 States and 6 Union Territories. The monitoring process is done quarterly for surface waters and biannually for groundwater.

The SPCBs, on the other hand, are responsible for implementing legislation related to the prevention and control of environmental pollution. The chairman of an SPCB is nominated by the state government, with the central government prescribing the manner of nomination and the terms and conditions of service. The SPCB may issue directions to immediately restrain any activity leading to the discharge of noxious or polluting matter into water bodies. It also sets standards for polluting matter in water bodies or on land, with some exemptions.

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, amends the 1974 Act by decriminalising several violations and imposing penalties instead. It also specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining prior consent from the SPCB for establishing industries or treatment plants that are likely to discharge sewage.

Decriminalisation of violations

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, decriminalises several violations of the Water (Prevention and Control of Pollution) Act, 1974. The 1974 Act establishes the central and state pollution control boards (CPCB and SPCBs) to prevent and control water pollution. The 2024 Amendment Bill removes imprisonment for several offences and replaces it with monetary penalties.

Under the 1974 Act, an offence for which punishment is not explicitly specified is punishable by imprisonment of up to three months or a fine of up to Rs 10,000, or both. The 2024 Amendment Bill removes imprisonment as a punishment and instead imposes a penalty ranging from Rs 10,000 to Rs 15 lakh. Failure to pay the penalty for violation of any provision under the Act can result in imprisonment of up to three years or a fine of up to twice the amount of the penalty imposed.

The 1974 Act also outlines punishments for violations of standards (laid down by SPCB) regarding polluting matter in water bodies or on land. Violation of these provisions is punishable by imprisonment for one and a half to six years and a fine. The 2024 Amendment Bill removes imprisonment as a punishment and instead imposes a penalty ranging from Rs 10,000 to Rs 15 lakh.

The 2024 Amendment Bill also specifies penalties for offences committed by government departments. The head of a department will be required to pay a penalty equal to one month of their basic salary if the department violates any provision of the Act.

The decriminalisation of violations under the 2024 Amendment Bill aims to improve regulatory efficiency and enhance response efficiency to water pollution violations. The Bill initially applies to Himachal Pradesh, Rajasthan, and the union territories, with other states having the option to adopt it through state resolutions.

Consent exemptions for establishing industries

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, amends the Water (Prevention and Control of Pollution) Act, 1974, which established the Central and State Pollution Control Boards (CPCB and SPCBs) to prevent and control water pollution. The Bill introduces several changes, including consent exemptions for establishing industries.

As per the 1974 Act, prior consent from the SPCB is required for establishing any industry or treatment plant likely to discharge sewage into a water body, sewer, or land. The amended Bill, however, specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent. This provision is intended to streamline regulatory processes, reduce duplication of surveillance efforts, and alleviate unnecessary burdens on regulatory agencies, thereby promoting efficiency.

The exemption for certain industrial plants is outlined in Section 25 of the 1974 Act, which relates to the establishment of new outlets and discharges. The central government is now empowered to exempt specific categories of industrial plants from certain statutory restrictions. This includes the requirement to obtain prior consent from the SPCB for establishing industries.

The Bill also adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB. The amended Act empowers the Centre to frame rules and guidelines for the selection of chairpersons of SPCBs and the establishment of new operating processes. These changes aim to enhance "trust-based governance" and ease of doing business while maintaining the necessary oversight to prevent water pollution.

It is important to note that even with these consent exemptions, establishing and operating an industry without obtaining consent from the SPCB remains an offence. The amended Bill retains the punishment for such offences, which can result in imprisonment of up to six years and a fine.

Central government to appoint adjudication officers

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, was introduced in the Rajya Sabha on February 5, 2024. The Bill seeks to amend the Water (Prevention and Control of Pollution) Act, 1974, which has been a cornerstone of India's environmental legislation for ensuring the sustainable management of water resources. The recent amendment addresses certain shortcomings and adapts regulatory frameworks to contemporary needs, bringing them in line with the Air Act.

One of the key provisions of the Bill is the appointment of adjudication officers by the central government to determine penalties under the Act. The adjudicating officer must be of the level of a Joint Secretary to the central government or of Secretary to the state government. The inclusion of adjudicating officers in the Bill allows for more efficient handling of water pollution offences and ensures that penalties are aligned with the severity of the offences.

The role of the adjudicating officer is crucial in enforcing the provisions of the Act and promoting compliance among stakeholders. Under the amended Bill, the adjudicating officer is authorised to take cognizance of offences and issue penalties for violations. This includes offences committed by government departments, where the head of the department will be held responsible and required to pay a penalty equal to one month of their basic salary. The adjudicating officer will also have the power to impose penalties on industries or treatment plants that discharge sewage or polluting matter into water bodies without prior consent from the State Pollution Control Boards.

The central government, in consultation with the Central Pollution Control Board (CPCB), may exempt certain categories of industrial plants from obtaining consent for establishing operations that may discharge sewage. However, the State Pollution Control Boards (SPCBs) may issue directions to immediately restrain any activity leading to the discharge of noxious or polluting matter into water bodies. The Bill grants the central government the authority to prescribe guidelines for the nomination of chairpersons of the SPCBs, ensuring fair and qualified appointments.

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