⁠WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT BILL, 2024

With an objective to ensure development and environmental protection proceed hand in hand, Parliament on 9th February, 2024, approved the Water (Prevention and Control of Pollution) Amendment Bill, 2024.

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

1. Context of Amendments:

   1. The 1974 Act has been pivotal for water resource management in India.
   2. Amendments aim to modernize the framework to meet current challenges and align with similar provisions in the Air Act.

2. Key Amended Provisions:

   1. Decriminalizing Minor Offenses

      1. Shifts from penalizing minor water pollution offenses to imposing penalties based on offense severity.
         1. The Bill suggests that obsolete regulations contribute to a lack of trust.
         2. For Example:
            1. Under the Water (Prevention and Control of Pollution) Act, 1974, failing to notify the State Board about water extraction from a stream or well could lead to a three-month jail term.
            2. The amendment proposed in the Bill replaces this with a penalty ranging from Rs10,000 to Rs 15 lakh.
      2. Encourages compliance while reducing the burden on stakeholders.

   2. Exemptions for Industrial Plants:

      1. Allows the central government to exempt specific industrial categories from certain requirements, notably in Section 25.
      2. Aims to simplify regulations and enhance regulatory efficiency.

   3. Enhanced Oversight: Measures to reinforce regulatory oversight and ensures uniform standards across states.

      1. Centralizes guidelines for State Pollution Control Boards chairperson appointments and consent issuance for industries.
      2. Establishes specific requirements for qualifications, experience, and processes to guarantee equitable selection of chairpersons.

   4. Adjudication Process

      1. Officer Appointments:
         1. The central government is authorized to appoint adjudication officers. Appeals against their rulings can be made to the National Green Tribunal.
      2. Allocation of Penalties:
         1. Penalties imposed are allocated to the Environment Protection Fund, created under the Environment (Protection) Act, 1986.

Concerns with the Bill

1. Reduced Regulatory Vigilance:

   1. Exemptions for specific industrial sectors from obtaining mandatory consent could escalate pollution if oversight is inadequate.

2. Pollution Control Concerns:

   1. The potential for unmonitored pollutant discharge into water resources, endangering both water quality and public health.

3. Centralization of Appointments:

   1. Procedures mandated by the central government for selecting State Pollution Control Board (SPCB) chairpersons could diminish state autonomy.

4. Weakened Preventive Measures:

   1. Substituting jail terms with financial penalties for violations may lessen the preventive impact on pollution.

5. Impartiality of Adjudication:

   1. Central government's role in appointing adjudication officers might compromise the fairness and independence of the adjudication process.

6. Administrative Challenges:

   1. Broadening the scope for complaint filings could result in jurisdictional overlaps and administrative inefficiencies, causing procedural delays and obstacles.

Salient Features of the Original Water Act, 1974:

1. Established to prevent water pollution and preserve water quality.

2. Created the Central Pollution Control Board (CPCB) and State Pollution Control Boards for regulatory oversight.
   1. Establishment of CPCB: The Central Pollution Control Board (CPCB), created as a statutory body in September 1974, operates under the Water (Prevention and Control of Pollution) Act, 1974.
   2. Expansion of Powers: In 1981, CPCB's responsibilities were extended to include duties outlined in the Air (Prevention and Control of Pollution) Act.
   3. Administrative Framework: CPCB functions within the Ministry of Environment, Forest and Climate Change (MoEFCC), collaborating with State Pollution Control Boards and various agencies.
3. Previous amendments in 1978 and 1988 clarified ambiguities and expanded the Board's authority.
   1. Consent Requirement: State Pollution Control Boards mandate prior approval for the establishment of industries or local bodies planning to discharge domestic sewage or industrial effluent into water bodies or land.
   2. Consent Process: Upon submitting an application, the State Board has the authority to either approve it with defined terms and duration or deny it, outlining the rationale in a written format.
   3. Applicability to Pre-existing Industries: The same requirements are imposed on industries that were discharging waste prior to the enactment of the Act.

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