What's Brewing

In February 2024, both houses of the Parliament passed the Water (Prevention and Control of Pollution) Amendment Bill, 2024. The Bill contains key amendments to the Water (Prevention and Control of Pollution) Act 1974. A look at the highlights:

1. Establishment of Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) to prevent and control water pollution. Prior consent of the SPCB is mandatory for establishment of any industry or treatment plant which is likely to discharge sewage into a water body, sewer, or land.
2. The Central government may in consultation with the CPCB issue guidelines for granting or refusing permission for establishments of industrial plants or cancellation of consent granted by the SPCB. Consent granted may be conditional. the Central government also has power to appoint adjudication officers to determine penalties. Orders passed by the adjudication officer can be challenged before the National Green Tribunal after depositing 10% of the penalty levied. Penalties levied will be credited to the Environment Protection Fund established under the Environment Protection Act 1986.
3. The SPCB has the power to lay down standards for relating to pollutants in water bodies or land including exemptions from such standards. Violation of standards laid down (including depositing non pollutants near bank stream on land) will attract fine and imprisonment. Further, the SPCB may issue directions restraining any activity which results in discharge of pollutants in water bodies.
4. Penalties:
   
   • • The Bill seeks to decriminalize several violations by removing imprisonment and instead imposing penalties between Rs. 10,000 – Rs. 15 Lakhs. Penalties have been imposed especially for minor violations which are simple infringements not leading to injury to humans or damage to the environment. The objective being to enable stakeholders operate without threat / fear of criminal proceedings.
       Establishing and or operating an industrial plant without obtaining prior permission from the SPCB shall be punishable with imprisonment of up to 6 years and fine. 
     • Establishing and or operating an industrial plant without obtaining prior permission from the SPCB shall be punishable with imprisonment of up to 6 years and fine.
     • Failure to pay penalty will further attract penalty of thrice the amount and imprisonment of up to 3 years. 
     • In case of violation of provisions committed by Government departments, the Head of department(s) will he held liable and will have penalized with one months ‘of their basic salary.

The amendments have been made with the objective of flushing out old and outdated rules and regulations thus ensuring effective enactment of provisions of the Water Act 1974.

For full text of the Bill refer:
https://prsindia.org/files/bills_acts/bills_parliament/2024/Water_(Prevention_and_Control_of_Pollution)_Bill,_2024.pdf