Context:
Recently, The Union Environment Ministry notified new rules for holding inquiry and imposing penalties for violations of the Water (Prevention and Control of Pollution) Act, 1974.
Key Highlights of the Rules
The Rules come in the backdrop of the amendments made to the Water Act earlier this year, wherein offences and violations of the Act were decriminalized, replacing them with penalties instead.
The Union Environment Ministry in the notified Rules exempted non-polluting ‘white’ category industries from obtaining consent to establish (CTE) and consent to operate (CTO) from state pollution control boards.
Red, Orange, Green categories existed prior to 2016 and white category was added in 2016 for those units which are minimally polluting or non-polluting.
These rules had also allowed the Centre to appoint ‘Authorised Officers’ to adjudicate offenses, violations and determine penalties.
The Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions, through their authorized Officers, or any other persons, may file a complaint to the adjudicating officer regarding any contravention committed under sections 41, 41A, 42, 43, 44, 45A and 48 of the Act.
- The above-given sections relate to the contravention of norms on releasing industrial effluents and pollutants.
The changes focus on making it easier to enforce water pollution laws and shift from criminal punishments to fines for minor violations.
The Water (Prevention and Control of Pollution) Act, 1974
- It was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country.
- The Act establishes the central and state pollution control boards (CPCB and SPCBs) to prevent and control water pollution
- The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities.
- This act was amended in 1988 and 2003 and recently the parliament passed the Water (Prevention and Control of Pollution) Amendment Act, 2024.
- Water (Prevention and Control of Pollution) Amendment Act, 2024 initially apply to Himachal Pradesh, Rajasthan (both passed resolution to amend the Act) and the Union territories.