Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974 is a key environmental legislation in India aimed at preventing and controlling water pollution while maintaining or restoring the wholesomeness of water resources.

1. Introduction

• The Water (Prevention and Control of Pollution) Act, 1974 was enacted by the Parliament of India to address the increasing water pollution caused by industries, agriculture, and domestic sources.
• The Act came into force on March 23, 1974 and was amended in 1988 to strengthen its provisions.
• The Act also led to the establishment of the Central and State Pollution Control Boards (CPCB & SPCBs) to enforce pollution control measures.
• It aims to regulate and monitor the discharge of pollutants into water bodies, ensuring clean and safe water for public use.

2. Objectives of the Act

The primary objectives of the Act include:

1. Prevention and control of water pollution in rivers, lakes, and other water bodies.
2. Regulation of industries and municipalities that discharge pollutants into water sources.
3. Establishment of Pollution Control Boards at the central and state levels to enforce pollution control measures.
4. Promotion of sustainable water management practices to protect public health and aquatic ecosystems.
5. Empowering the government to set water quality standards and take necessary actions to maintain water purity.

3. Key Provisions of the Act

i) Establishment of Pollution Control Boards (Section 3-5)

• Central Pollution Control Board (CPCB): Responsible for setting water quality standards and coordinating with state pollution boards.
• State Pollution Control Boards (SPCBs): Implement pollution control measures, grant permits, and monitor industrial discharges at the state level.

ii) Powers and Functions of Pollution Control Boards (Section 16-17)

• CPCB and SPCBs are responsible for:
  • Setting effluent discharge standards for industries.
  • Conducting water quality monitoring programs.
  • Issuing consent (permits) for industries before setting up operations near water bodies.
  • Taking action against violators, including imposing fines and penalties.

iii) Prohibition of Water Pollution (Section 24-25)

• No person or industry is allowed to discharge sewage or industrial effluents into water bodies without prior approval from the SPCB.
• Industries must obtain a ‘Consent to Establish’ (CTE) and ‘Consent to Operate’ (CTO) from the SPCB before commencing operations.

iv) Power to Inspect and Collect Samples (Section 21-22)

• SPCBs have the authority to:
  • Inspect industries for compliance with water pollution standards.
  • Collect water samples for analysis and determine pollution levels.

v) Penalties for Violations (Section 41-45)

• Any person or industry found violating the Act is liable for:
  • Imprisonment of up to 6 years and/or fines for causing water pollution.
  • Continued violation results in additional fines per day until compliance is achieved.

4. Amendments and Strengthening of the Act

• The 1988 Amendment made penalties more stringent and empowered SPCBs to take direct action against polluting industries.
• The Act was later supplemented by the Environment Protection Act, 1986, which provided a more comprehensive framework for environmental conservation.

5. Impact of the Act

• Monitoring of water quality in major rivers like Ganga, Yamuna, and Godavari.
• Industries are now required to install Effluent Treatment Plants (ETPs) to treat wastewater before discharge.
• Implementation of river cleaning programs like the Namami Gange Programme for the Ganges River.
• Regulation of municipal sewage treatment to prevent contamination of drinking water sources.

6. Challenges in Implementation

Despite its significance, the Act faces several challenges:

1. Lack of strict enforcement due to corruption and administrative inefficiencies.
2. Rapid industrialization and urbanization leading to excessive wastewater discharge.
3. Limited infrastructure for sewage treatment in rural and urban areas.
4. Lack of public awareness about pollution control measures