CONTENTS
- Central Government Introduces New Rules to Enhance Enforcement of Water Pollution Laws
Central Government Introduces New Rules to Enhance Enforcement of Water Pollution Laws
Context:
The Central Government has announced the implementation of the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. These new rules are designed to streamline the process of inquiry and imposition of penalties for offenses under the Water (Prevention and Control of Pollution) Act, 1974. Following amendments made to the Water Act earlier this year, this notification aims to strengthen regulatory oversight and improve the efficiency of the adjudication process for water pollution violations, thereby enhancing environmental governance in India.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Water (Prevention and Control of Pollution) Act, 1974
- Key Highlights of the Water (Prevention and Control of Pollution) Amendment Act, 2024
- Key Highlights of the New Rules under the Water Act 2024
Water (Prevention and Control of Pollution) Act, 1974
Background and Purpose:
- Enacted in 1974, this act aimed to prevent and control water pollution.
- It included penal provisions for non-compliance, with punishments including imprisonment.
Need for Amendment to the Water Act, 1974
Rationale for Amendment:
- The amendment addresses the principle of democratic governance, emphasizing trust in the people and institutions.
- The existing law mandates up to three months of imprisonment for failing to inform the State Board about water abstraction, which can be excessive for minor violations that do not harm humans or the environment.
- Such penal provisions have been criticized for unnecessarily harassing businesses and citizens, contradicting the principles of Ease of Living and Ease of Doing Business.
- The proposed Amendment Bill of 2024 aims to rationalize these criminal provisions, reducing the emphasis on imprisonment.
Key Highlights of the Water (Prevention and Control of Pollution) Amendment Act, 2024
Introduction and Applicability:
- Applies initially to Himachal Pradesh, Rajasthan, and Union Territories, with options for other states to adopt through state resolutions.
Decriminalization and New Penalties:
- Decriminalizes various violations, substituting imprisonment with monetary penalties ranging from Rs 10,000 to Rs 15 lakh.
- Non-payment of penalties could still lead to imprisonment for up to three years or fines up to twice the original penalty amount.
Consent Exemptions for Industry:
- Exempts specific industry categories from requiring State Pollution Control Board (SPCB) consent, traditionally needed for industries likely to discharge sewage.
- Central government, in consultation with the Central Pollution Control Board (CPCB), may issue guidelines for SPCB consent processes.
State Pollution Control Board (SPCB) Chairman Appointments:
- Central government to prescribe the nomination process and terms for SPCB chairmen, increasing central oversight in what were previously state-determined appointments.
Regulations on Polluting Matter Discharge:
- SPCBs empowered to issue directives to halt activities discharging pollutants immediately.
- Imprisonment removed for these violations, replaced by monetary penalties.
Penalty for General Offences:
- General offences previously punishable by imprisonment now attract fines, streamlining penalties across various violations.
Appointment of Adjudicating Officers for Penalty Assessment:
- Adjudicating officers, at least of Joint Secretary rank, to be appointed by the central government to determine penalties.
- Appeals against their decisions can be made to the National Green Tribunal with a prerequisite deposit of 10% of the penalty amount.
Expanded Cognizance of Offences:
- Courts can now take cognizance of offences based on complaints from adjudicating officers, in addition to those from CPCB, SPCB, or notified individuals.
Accountability for Government Departments:
- Heads of government departments face penalties equal to one month’s basic salary for violations, unless they can demonstrate that due diligence was exercised to prevent the offence.
Key Highlights of the New Rules under the Water Act 2024
- The Union Environment Ministry has enacted the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024.
- These rules, which take immediate effect, outline the procedures for conducting inquiries and imposing penalties for violations under the Water Act.
- Recent amendments to the Water Act have shifted the focus from criminal charges to civil penalties for violations.
- This shift aligns with previous decisions to exempt non-polluting ‘white’ category industries from requiring prior permissions to operate under the Water Act.
- Authorized officers from the Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCB), Pollution Control Committees, and Integrated Regional Offices now have the authority to file complaints regarding violations directly to adjudicating officers.
- These complaints can be filed under specific sections of the Act (Sections 41, 41A, 42, 43, 44, 45A, and 48), which primarily deal with industrial effluent and pollutant discharge norms.
- Adjudicating officers, required to be ranked at least as a state government joint secretary, are charged with overseeing the complaint process, issuing notices to alleged violators, and conducting inquiries.
- Alleged violators are permitted to respond through legal representatives, and the adjudication process is mandated to be completed within six months from the issuance of the notice.
