On 11-11-2024, the Ministry of Environment, Forest and Climate Change notified the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 to establish a systematic approach for conducting inquiries into water pollution violations. The provisions came into force 11-11-2024. The rules comes under the ambit of Water (Prevention and Control of Pollution) Act, 1974.
Key Points:
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The Central Pollution Control Board (‘CPCB’), State Pollution Control Boards (‘SPCB’), Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change (‘MoEF’) can file a complaint in Form- I electronically/ through speed post/ by hand.
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The complaint in Form- I can be in respect of the following:
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In case, any person who is abstracting water from stream/ well in quantities which are substantial in relation to the flow or volume of the stream/ well or is discharging sewage/ trade effluent into that stream/ well and the SPCB asks to disclose such information and the person fails to.
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In case, the SPCB thinks that there is any poisonous/ noxious or polluting matter in the stream/ well or has entered the stream/ well due any accident or any other unforeseen act, SPCB can take emergency measures and make application to courts for restraining apprehended pollution of water in streams/ wells.
The CPCB can direct any person/ officer or authority who needs to comply with the directions which includes closure/ prohibition/ or regulation of any industry/ process/ operation and stoppage or regulation of supply of electricity/ water.
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In case, any person disposes polluting matter in stream/ well.
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In case, any person, without prior consent of the SPCB, establishes a new outlet for discharge or begins to make new discharge.
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In case there is a contravention of any provision by the Department of the Central/ State Government.
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Inquiry:
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The adjudicating officer will issue a notice in Form-II within 30 days from the date of receipt of the complaint;
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Every notice needs to indicate the nature of contravention that has been alleged to have been committed;
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After considering the show cause notice, if the adjudicating officer is of the opinion that the inquiry should be held, then the notice of appearance will be issued.
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The proceedings should be completed within 6 months from the issuance of notice to the opposite party.
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Any penalties/ sums received will be credited to the Environment Protection Fund.
