Write a note on water pollution and functions of the State board under water act, 1974.

(3)

1. The Water (Prevention and Control of Pollution) Act 1974 (Water Act) is the first statute
relating to the control of pollution in India.

2. Water pollution is said to have occurred when the pollution load exceeds the natural
regenerative capacity of a water resource. It is a very serious problem in India where 70% of the
sources of surface water, such as rivers and lakes, are polluted and there is an alarming
increase in groundwater pollution as well. In light of the fact that surface water and groundwater
are the major sources of water supply for different uses, their pollution creates a situation where
water may be available in sufficient quantity but there is water scarcity due to quality concerns.

3. The sources of water pollution can be divided into point sources and non-point (or diffuse)
sources –
● the former includes disposal of untreated or partly treated industrial effluents and
domestic sewage
● the latter includes agricultural run-off. Water pollution can also result from
encroachments, sand mining, religious activities, dumping of waste, etc.

4. Sec 2 (e) - “pollution” means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or trade effluent or of
any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or
is likely to, create a nuisance or render such water harmful or injurious to public health or safety,
or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of acquatic organisms;

5. Consent administration is the crux of the control of pollution envisaged under the Water Act.
There are separate agencies for every state to exercise powers, and discharge functions
relating to prevention and control of pollution. The State Pollution Control Board (State Board) is
responsible for the same. The Central Pollution Control Board (Central Board) looks after such
duties and functions in relation to union territories. In addition, the Central Board has the power
to act as a supervisory agency over the State Boards.

In Indian Council for Enviro-Legal Action v Union of India and Others, AIR 1996 SC 1446

In this case, among other claims, it was alleged that water in wells and streams in village Bichhri
in Udaipur district in the State of Rajasthan had become unfit for consumption as a result of the
disposal of untreated toxic sludge from an industrial complex located within the limits of the
village.

The Supreme Court held that the respondents were absolutely liable to pay compensation for
the harm caused by them to the villagers in the affected area and surrounding areas as well as
to the environment. According to the Court, the power to levy costs required for carrying out
remedial measures is implicit in the Environment Act.
2. Vellore Citizens Welfare Forum v Union of India and Others, AIR 1996 SC 2715

In this case the petitioner organization was concerned about water pollution resulting from the
discharge of untreated effluents by tanneries and other industries into river Palar in the State of
Tamil Nadu, which was a source of drinking water supply.

The Supreme Court directed the constitution of authority under the Environment Act to deal with
the situation created by the tanneries and other polluting industries in the State. The authority
was also directed to frame and execute scheme(s) for reversing ecological/environmental
damage caused by pollution in the State. It also imposed pollution fines on all the tanneries and
ordered the closure of tanneries that fail to pay the fine. However, it allowed suspension of
closure orders where tanneries agree to set up common effluent treatment plants or individual
pollution control devices and obtain consent to operate from the SPCB. Failure to obtain
consent from the SPCB would however result in the closure of tanneries.

3. M.C. Mehta v. Union of India (The Ganga Pollution Case) (1988)

Facts - Kanpur has been the hub of tannery business in India for a long time. Most of these
industries are located on the southern banks of the river Ganga. These industries have been
known to have contaminated the river. In 1985, a matchstick tossed into the river resulted in a
massive fire in the river because of the presence of a toxic layer of chemicals formed on its
surface. Thus, M.C. Mehta, a famous environment advocate, and an activist filed a petition in
the Supreme Court against the tanneries and also the Municipal Corporation of Kanpur to stop
them from discharging untreated effluents into the river, polluting it.

Issues involved

1. Whether the authorities had been negligent in protecting the river Ganga from pollution?
2. Should the smaller industries be aided financially for the installation of treatment plants
and what standards should determine ‘smaller industries’?

Held

The Court held that there were several laws in force in India that sought to prevent environment
pollution including the Environment Protection Act, 1986, and the Water (Prevention and Control
of Pollution) Act, 1974. However, the authorities had been negligent in discharging their duties
prescribed under these laws. It also observed that the financial capabilities of industries are
irrelevant when considering the issue of installing primary treatment plants. Thus, each tannery
was directed to at least install primary treatment plants, if not secondary plants.

The Court also laid down the following guidelines:

It was the duty of the Central Government to direct all the educational institutions across India to
teach lessons on environment protection and improvement, at least for an hour every week.
Also, the Central Government must publish environment textbooks and distribute them among
the students.

STATE BOARD- STATE POLLUTION CONTROL BOARD

(i) Constitution (Section 4)

S.4(1)The state government through an official notice in the Gazette has the power to assign or
set up a state board named as State Pollution Control Board.

4(2)The composition of the state board is as follows:

1. A Chairman who either has the knowledge or some experience in dealing with cases
relating to environmental pollution.
2. Not more than 5 members are appointed by the state government to represent the
government.
3. Not more than 2 persons by the state government who are functioning as members of
the local authorities within the state
4. Not more than 3 persons are nominated by the state government to represent the
interest of fisheries, agriculture, trade and any other interest as the government may
seem fit.
5. 2 person from companies, corporations which are either controlled, owned or managed
by the state.
6. A member secretary who has the knowledge, qualifications, and experience in dealing
with cases pertaining to environmental pollution.

(ii) Meetings of Board (Section 8)

A Board shall meet at least once in every three months and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be prescribed;

Provided that if, in the opinion of the chairman, any business of an urgent nature is to be
transacted, he may convene a meeting of the Board at such time as he thinks fit for the
aforesaid purpose.

(iii) Functions of State Board (Section 17)

1. To plan a comprehensive programme for the prevention, control or abatement of

pollution of streams and wells in the State and to secure the execution thereof;
2. To advise the State Government on any matter concerning the prevention, control or
abatement of water pollution;
3. To collect and disseminate information relating to water pollution and the prevention,
control or abatement thereof;
4. To encourage, conduct and participate investigations and research relating to problems
of water pollution and prevention, control or abatement of water pollution;
5. To collaborate with the Central Board in organising the training of persons engaged or to
be engaged in programmes relating, to prevention, control or abatement of water
pollution and to organise mass education programmes relating thereto;
6. To inspect sewage or trade effluents, plants for the treatment of sewage and trade
effluents and to review plans, specifications or other data relating to plants set up for the
treatment of water and the system for the disposal of sewage or trade effluents or in
connection with the grant of any consent as required by this Act;
7. To lay down, modify or annul effluent standards for the sewage and trade effluents and
for the quality of receiving waters (not being water in an inter-State stream) resulting
from the discharge of effluents and to classify waters of the State;
8. To evolve economical and reliable methods of treatment of sewage and trade effluents,
having regard to the peculiar conditions of soils, climate and water resources of different
regions and more especially the prevailing flow characteristics of water in streams and
wells which render it impossible to attain even the minimum degree of dilution;
9. To evolve methods of utilisation of sewage and suitable trade effluents in agriculture;
10. To lay down standards of treatment of sewage and trade effluents to be discharged into
any particular stream taking into account the minimum fair weather dilution available in
that stream and the tolerance limits of pollution permissible in the water of the stream,
after the discharge of such effluents;

11. To evolve efficient methods of disposal of sewage and trade effluents on land, as are
necessary on account of the predominant conditions of scant stream flows that do not
provide for major part of the year the minimum degree of dilution;
12. To make, vary or revoke any order—
13. for the prevention, control or abatement of discharges of waste into streams or wells;
14. requiring any person concerned to construct new systems for the disposal of sewage
and trade effluents or to modify, alter or extend any such existing system or to adopt
such remedial measures as are necessary to prevent, control or abate water pollution;
15. To lay down effluent standards to be complied with by persons while causing discharge
of sewage or sullage or both and to lay down, modify or annul effluent standards for the
sewage and trade effluents;
16. To advise the State Government with respect to the location of any industry the carrying
on of which is likely to pollute a stream or well;
17. To perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government.
18. The Board may establish or recognise a laboratory or laboratories to enable the Board to
perform its functions under this section efficiently, including the analysis of samples of
water from any stream or well or of samples of any sewage or trade effluents.
(iv) Powers of State Board (Section 19-27)

● Section 19 - Power of State Government to restrict the application of the Act to

certain areas.

According to Section 19 of the Act, the state board has the power to limit the territorial
jurisdiction of any order passed by it in matters relating to prevention and controlling water
pollution. This means that the orders passed by the state board will only apply in the areas that
are affected by water pollution. It is up to the state board to determine which area is to be
declared water polluted and which is not and this can be done by making reference to a map or
making reference to a line of any watershed or the boundary of any district.

● Section 20 - Power to obtain information

According to Section 20 of the Act, the state board also has the power to inspect any land,
conduct surveys or gauge an area if it thinks fit for controlling or preventing water pollution. It
can also ask any company, or industry to dispose of the information pertaining to the
construction, installation, and operation of its establishment.

● Section 21 - Power to take samples of effluents and procedure to be followed in

connection therewith

Section 21 of the Act empowers the state board or any employee on its behalf to analyze any
stream or well for the purpose of preventing and controlling water pollution.

● Section 23 - Power of entry and inspection.

According to Section-23, the State Board is empowered by the State Govt., with the right to
enter any place for the purpose of performing any of the functions entrusted to it.

● Section 24 - Prohibition on use of stream or well for disposal of polluting matter,

etc.

The state board also has the power to stop any person to enter into any stream, well or sewer
on land which has poisonous, noxious or polluting matter determined in accordance with the
standards laid down in the Act.

● Section 25 - Restrictions on new outlets and new discharges

According to Section 25, no person is allowed to set up an industry or start a new operation or
processor to any treatment of sewage without prior approval of the state board, the state board
may grant him a notice of approval and only after that he is entitled to continue or start a new
business. If a person starts a new operation before the prior approval of the board, the board
may impose any conditions as it may think fit for not obtaining notice of approval.
 ● Section 27 - Refusal or withdrawal of consent by State Board

Section 27 of the Act gives power to the state board not to grant the notice for setting up an
industry or continuation of an existing operation. If the company has been granted permission
with some conditions attached, the state board has the power to review those conditions which
it attached before giving the notice of approval.

JOINT BOARD

An agreement may be entered into by the state government of one state with the state
government of another state to set up a joint Board. Similarly, the Central Government and the
government of other union territories can also enter into an agreement for constituting a joint
board.

(i) Composition of Joint Board (Section 14)

A joint board consists of the following members namely:

1. A chairman who has the knowledge, experience, and qualifications in matters relating to
prevention and controlling environmental pollution.
2. 2 members from each state government nominated by their respective state to represent
the state.
3. A nonofficial appointed by each state to represent the interests of agriculture, fisheries,
trade or any other interest of the participating state.
4. 2 members from the companies, corporations nominated by the central government
which is owned, controlled or managed by the participating state.
5. A full-time member secretary who has the required skills, experience and qualifications
in science, engineering or management aspect of controlling and preventing pollution to
be appointed by the central government.

(ii) Constitution of the committees (Section 9)

Section 9 permits the central or state board to constitute a committee of members either from
the existing members or totally new members who do not have any connection with the
company for the performance of the duties laid down in the Act.

Members of the committee shall meet at any time or at any place and shall observe any rule or
procedure as it may consider necessary for the performance of its duties. The members will be
paid fees, allowances for attending meetings and performing functions of the board from time to
time.

(iii) Provision of appeals (Section 28)

Any person who is aggrieved by the decision of the state board made under section 25 to
section 27, has 30 days time to make an appeal in the concerned appellate authority as
established by the state government. The appellate authority may consist of a single person or
three people as the government may think fit.

Go through - CPCB

CENTRAL BOARD- CENTRAL POLLUTION CONTROL BOARD

Constitution and Composition (Section 3)

The Central Government through a notice in the official gazette has the power to assign or set up
a Central Board named as Central Pollution Control Board. As far as the composition of the
board is concerned the Central Board is to contain the following members:

1. A chairman who has the knowledge or practical experience in dealing with cases relating
to environmental protection. The chairman is to be appointed by the central government
only.
2. Not more than 5 officials represent the central government.
3. Not more than 5 members to be nominated by the central government from the members
of the State Board.
4. A maximum of 3 members are appointed by the central government to represent the
interests of agriculture, fisheries, trade or any other interest as the government may seem
fit.
5. 2 persons to represent the companies or corporations owned, controlled or by the central
government.
6. A full-time member secretary having complete knowledge, experience and qualification
of scientific management and prevention of environmental pollution.

Functions Of The Central Board (Section 16)

According to Section-16, the following are the functions of the Central Board:

1. The main function of the Central Board shall be to promote cleanliness of streams and
wells in different areas of the States
2. Advise the Central Government on any matter concerning the prevention and control of
water pollution;
3. Co-ordinate the activities of the State Boards and resolve disputes among them;
4. Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention,
control or abatement of water pollution;
5. Plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution on such terms and conditions as the
Central Board may specify;
6. Organise through mass media a comprehensive programme regarding the prevention and
control of water pollution;
7. Perform such of the functions of any State Board as may be specified in an order made
under sub- section (2) of section 18
8. Collect, compile and publish technical and statistical data relating to water pollution and
the measures devised for its effective prevention and control and prepare manuals, codes
or guides relating to treatment and disposal of sewage and trade effluents and disseminate
information connected therewith
9. Lay down, modify or annul, in consultation with the State Government concerned, the
standards for a stream or well: Provided that different standards may be laid down for the
same stream or well or for different streams or wells, having regard to the quality of
water, flow characteristics of the stream or well and the nature of the use of the water in
such stream or well or streams or wells
10. Plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of water pollution;
11. Perform such other functions as may be prescribed.
12. The Board may establish or recognise a laboratory or laboratories to enable the Board to
perform its functions under this section efficiently including the analysis of samples of
water from any stream or well or of samples of any sewage or trade effluents.