Purpose of the Act

The Water (Prevention and Control of Pollution) Act, 1974, is a cornerstone environmental legislation in India, enacted to address the growing problem of water pollution caused by rapid industrialisation and urbanisation. Before this Act, there was no single comprehensive law at the national level to deal with water pollution. The Act provides a unified legal framework for the management of water quality and the control of polluting activities.

The Parliament enacted this Act under Article 252 of the Constitution, which allows Parliament to legislate on matters in the State List if two or more State Legislatures pass resolutions requesting such legislation. Several states passed such resolutions, enabling Parliament to enact the Water Act, 1974, which could then be adopted by other states.

Prevention and control of water pollution

One of the primary purposes of the Water Act, 1974, is the prevention and control of water pollution. This objective is achieved through several mechanisms:

• Regulation of Discharges: The Act prohibits the discharge of 'poisonous, noxious or polluting matter' into streams, wells, sewers, or onto land without obtaining prior consent from the State Pollution Control Board (SPCB). This is the core regulatory approach to prevent pollution at the source.
• Establishment of Standards: Although specific effluent standards are largely notified under the Environment (Protection) Act, 1986, the Water Act provides the framework for setting standards and ensuring compliance. SPCBs are empowered to lay down effluent standards for individual industries or categories of industries while granting consent.
• Consent Mechanism: The mandatory requirement of obtaining 'Consent to Establish' and 'Consent to Operate' from the SPCB before setting up or operating any facility that discharges wastewater is a key preventive measure. This allows the regulatory authority to review pollution control measures and impose conditions upfront.
• Monitoring and Inspection: The Act empowers SPCBs to inspect premises, take samples of trade effluents and sewage, and analyse them to check for compliance with standards and consent conditions.

The emphasis is on proactive measures (prevention) and regulating ongoing activities (control) to limit the introduction of pollutants into water bodies and other receiving environments.

Restoration of wholesomeness of water

Beyond prevention and control, the Water Act also aims at the restoration of wholesomeness of water. 'Wholesomeness' implies that the water is fit for its intended beneficial uses. This objective highlights the need to not only stop further degradation but also to improve the quality of water bodies that are already polluted.

This is achieved through:

• Setting Water Quality Standards: The Central Pollution Control Board (CPCB), in coordination with SPCBs, is mandated to set standards for water quality for streams and wells (ambient water quality standards). While the CPCB uses the "Designated Best Use" classification with corresponding water quality criteria to guide this, the underlying principle is to maintain or restore water quality to a level suitable for various uses (drinking, bathing, supporting aquatic life, irrigation, etc.).
• Planning and Execution of Programs: The Boards are tasked with planning comprehensive programs for the prevention, control, and abatement of water pollution and ensuring their execution. This includes identifying polluted water bodies and developing action plans for their cleanup and restoration.
• Research and Information Dissemination: The Boards are required to collect and disseminate technical and statistical data relating to water pollution and the measures devised for its effective prevention or control. This knowledge base supports restoration efforts.
• Advising Governments: The Act requires the Boards to advise the Central and State Governments on any matter concerning the prevention and control of water pollution. This allows the Boards to recommend policies and measures needed for restoration activities, such as funding for sewage treatment infrastructure.

Thus, the Act is not merely punitive or regulatory; it also provides a mandate for active efforts to improve the health of India's water resources.

Extent of Applicability

The Water (Prevention and Control of Pollution) Act, 1974, has a wide scope in terms of its geographical coverage and the types of water bodies and discharges it regulates.

The Act applies to the whole of India. As mentioned earlier, it was enacted by Parliament based on Article 252 of the Constitution, which enables it to apply to states that adopted it. Over time, all states have adopted the Act, making it applicable nationwide.

The Act governs the prevention and control of pollution of various types of water bodies and receiving environments:

• Streams: As defined in Section 2(j), this includes rivers, water courses, inland waters, subterranean waters, and specified sea or tidal waters. This comprehensive definition covers virtually all natural and artificial surface water bodies, groundwater, and coastal waters.
• Wells: Defined in Section 2(w) to include various types of wells, ensuring protection of groundwater resources from pollution.
• Sewers: Public or private sewers used for carrying sewage or trade effluent are also covered, regulating discharges into sewage networks.
• Land: Discharging sewage or trade effluent onto land is also regulated, recognising that improper land disposal can lead to groundwater and soil contamination.

The Act applies to the discharge of "poisonous, noxious or polluting matter". "Polluting matter" (Section 2(e)) is defined broadly as any substance, whether solid, liquid, or gaseous, that may directly or indirectly cause pollution by rendering water injurious to public health, causing harm to flora and fauna, or damaging property.

In essence, the Act covers any entity, whether industrial, municipal, or otherwise, that discharges or is likely to discharge any type of wastewater (sewage or trade effluent) into any water body or onto land, anywhere in India.

It provides the legal basis for the regulatory activities of the CPCB and SPCBs concerning water quality monitoring, setting standards, issuing consents, inspecting facilities, and taking legal action against polluters.

Standards for water quality

Effective control of water pollution necessitates defining acceptable limits for pollutants in both the receiving water bodies and the wastewater being discharged. The Indian regulatory framework under the Water Act, 1974, and Environment (Protection) Act, 1986, establishes different types of standards to achieve this.

Classified into different categories (A to E) based on use

To manage the quality of natural water bodies (like rivers, lakes, and groundwater), the Central Pollution Control Board (CPCB), under its mandate from the Water Act, 1974, has developed a system of classifying water bodies based on their Designated Best Use (DBU). This classification assigns a specific use to different stretches of water bodies, and for each use, a set of water quality criteria is defined. The objective is to maintain or restore the water quality to a level that is suitable for its designated best use.

The CPCB has identified five classes of inland surface waters and their corresponding Designated Best Uses. These classes are associated with specific water quality criteria that define the maximum permissible levels of certain parameters to support that use:

These criteria are monitored by the State Pollution Control Boards (SPCBs) through surveillance networks. While the DBU classification and criteria apply to the ambient water body itself (receiving water), they indirectly influence the effluent standards that are set for point sources discharging into these water bodies. For example, if a river stretch is classified as Class A, stricter effluent standards might be necessary for industries discharging upstream to ensure the water quality meets the Class A criteria.

It's important to note that the DBU classification helps in prioritising polluted stretches and developing targeted action plans for restoration and improvement of water quality.

Prevention and Control of Water Pollution

The Water Act, 1974, employs a combination of prohibitions and regulatory mechanisms to prevent and control water pollution from various sources. The core strategy involves regulating what can be discharged into water bodies or onto land and under what conditions.

Prohibition of discharge of sewage or poisonous, noxious or polluting matter into water bodies

A fundamental principle enshrined in the Water Act, 1974, is the outright prohibition of unauthorised discharges of polluting substances. Section 24(1) of the Act clearly states:

"Subject to the provisions of this section, no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or on land;"

This provision forms the legal basis for controlling pollution from point sources. It places a general ban on discharging harmful substances into any stream, well, sewer, or onto land without adhering to the standards set by the SPCB and, by implication, without obtaining the necessary consent from the Board. The definition of "poisonous, noxious or polluting matter" (Section 2(e)) is comprehensive, covering any substance likely to render the water harmful to public health, aquatic life, or property.

The word "knowingly" in the section implies that the act of causing or permitting the discharge must be done with awareness. However, in practice, demonstrating compliance with consent conditions and effluent standards is the primary means of avoiding contravention of this prohibition. Any discharge that violates the standards or is made without proper consent falls foul of this section, leading to penalties under Section 43 of the Act, which includes imprisonment and fines.

This prohibition acts as a legal deterrent and underscores the importance of treating wastewater to the required standards before discharge and obtaining statutory permission.

Consent to Establish and Consent to Operate

To give effect to the prohibition on unauthorised discharges and to ensure that wastewater is treated to meet prescribed standards, the Water Act, 1974, mandates a consent mechanism. This system requires potential polluters to obtain formal permission from the State Pollution Control Board (SPCB) at two critical stages of a project.

Requirement for industries

While the consent mechanism applies to any entity discharging sewage or trade effluent (including municipalities operating sewage systems), it is particularly crucial for industries, which are major sources of varied and often hazardous trade effluents. The requirement for industries (and others) to obtain consent is laid out in:

• Section 25: Deals with restrictions on new outlets and new discharges. It requires obtaining prior Consent to Establish (CTE) from the SPCB before establishing or taking steps to establish any industry, operation, process, or any treatment and disposal system that is likely to discharge sewage or trade effluent into a stream, well, sewer, or onto land.
• Section 26: Deals with existing discharges. It requires obtaining Consent to Operate (CTO) from the SPCB for continuing to discharge sewage or trade effluent from an existing outlet into a stream, well, sewer, or onto land after the commencement of the Act.

The process for obtaining consent involves the industry submitting an application to the SPCB with details about the plant, manufacturing process, water consumption, wastewater generation (quantity and characteristics), type of treatment proposed (ETP/STP), mode of disposal, and relevant drawings and reports. The SPCB reviews the application, may conduct site visits, and assesses whether the proposed or existing arrangements are adequate to prevent and control pollution and meet the prescribed standards.

When granting either CTE or CTO, the SPCB imposes specific conditions under Section 25(4). These conditions are tailored to the specific industry and include requirements regarding:

• The quality (standards) and quantity of effluent permitted to be discharged.
• The location and design of the treatment and disposal facilities.
• Monitoring requirements (parameters, frequency, location, method).
• Submission of monitoring data and compliance reports.
• Proper operation and maintenance of pollution control equipment.

Consent is granted for a specific period (often 1-5 years, depending on the category of the industry and state policies) and must be renewed periodically. The CTE allows the industry to proceed with construction and installation of machinery and pollution control systems. The CTO is required before commissioning and starting production and discharge. Operating an industry or discharging wastewater without a valid Consent to Operate or failing to comply with the conditions stipulated in the consent order is a punishable offence under Section 43 of the Act, leading to penalties.

The consent mechanism is thus the primary legal tool for SPCBs to regulate industrial wastewater discharges, ensure treatment to prescribed standards, and monitor compliance.

Functions of SPCB and CPCB

The Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs) (or Pollution Control Committees in Union Territories) are the principal regulatory bodies established under the Water (Prevention and Control of Pollution) Act, 1974. Their functions were subsequently extended to cover air pollution under the Air (Prevention and Control of Pollution) Act, 1981. These Boards are responsible for implementing and enforcing the provisions of these key environmental laws in India. They act as advisors to the government, standard-setting bodies, regulators of pollution sources, monitoring agencies, and enforcement authorities.

Advising government

One of the fundamental functions of both the CPCB and SPCBs is to provide technical and expert advice to the respective governments on matters related to environmental protection, focusing on the prevention, control, and abatement of water and air pollution. This advisory role helps the government in formulating policies, enacting rules, and planning environmental programs.

• CPCB (Central Level): Under Section 16(1)(c) of the Water Act, 1974, and Section 16(1)(c) of the Air Act, 1981, the CPCB is mandated to advise the Central Government on any matter concerning the prevention, control or abatement of water and air pollution, respectively. The CPCB provides technical inputs for national policies, guidelines, and legislative amendments related to pollution control.
• SPCBs (State Level): Similarly, Section 17(1)(d) of the Water Act, 1974, and Section 17(1)(d) of the Air Act, 1981, empower SPCBs to advise the State Government on any matter concerning the prevention, control or abatement of water and air pollution within the state. This includes advising on the suitability of location for industries, sitting criteria for polluting activities, and state-specific environmental issues.

This function ensures that environmental considerations are integrated into governmental decision-making processes at both the central and state levels.

Setting standards

Establishing clear standards for pollutants is crucial for defining acceptable environmental quality and permissible emissions/discharges. Both the CPCB and SPCBs are involved in this process.

• CPCB (Central Level): The CPCB plays a primary role in setting national standards. Under Section 16(2)(h) of the Water Act, 1974, the CPCB can lay down standards for the quality of water (Ambient Water Quality Criteria) and, in consultation with State Boards, standards for sewage and trade effluents. Under Section 16(2)(h) of the Air Act, 1981, the CPCB can lay down standards for the quality of air (National Ambient Air Quality Standards - NAAQS). The CPCB also develops and recommends industry-specific emission and effluent standards (MINAS) to the Ministry of Environment, Forest and Climate Change (MoEF&CC) for notification under the Environment (Protection) Act, 1986.
• SPCBs (State Level): While SPCBs primarily enforce the standards set by CPCB or MoEF&CC, they are empowered under Section 17(1)(c) of the Water Act and Section 17(1)(c) of the Air Act to inspect sewage/trade effluent treatment plants and air pollution control systems and to review standards. More importantly, when granting 'Consent to Operate', SPCBs specify the specific effluent and emission limits that individual units must meet, which must comply with or be stricter than the national/state standards applicable.

Setting and enforcing these standards provides the quantitative basis for regulating polluting activities and monitoring environmental performance.

Granting consents

The consent mechanism is a core regulatory function that allows the Boards to permit and control the discharge of wastewater and emissions from industries and other sources. It requires facilities to obtain formal approval before establishing or operating.

• SPCBs (State Level): Under Sections 25 and 26 of the Water Act, 1974, and Section 21 of the Air Act, 1981, SPCBs are the designated authorities to grant or refuse Consent to Establish (CTE) and Consent to Operate (CTO) to industries and other entities discharging sewage or trade effluent, or emitting air pollutants. This consent is mandatory. The SPCBs examine applications, review pollution control measures, and issue consent orders with detailed conditions that the unit must comply with, including effluent and emission standards, monitoring requirements, and operational procedures for pollution control devices.
• CPCB (Central Level): The CPCB's role in consent is primarily advisory and supervisory over SPCBs. However, in some cases, particularly for projects appraised under the EIA Notification involving the Central Government (Category A projects), the CPCB's technical recommendations during the appraisal process influence the conditions imposed in the Environmental Clearance, which are then often replicated or cross-referenced in the Consent to Operate granted by the SPCB.

The consent process is fundamental to the preventive and control strategy, ensuring that pollution control measures are in place and operational before significant discharges/emissions occur.

Monitoring water quality

Monitoring the quality of environmental media is essential for assessing the health of ecosystems, identifying pollution sources, and evaluating the effectiveness of regulatory actions.

• SPCBs (State Level): SPCBs are directly responsible for monitoring the quality of water bodies within their respective states. Section 17(1)(g) of the Water Act, 1974, empowers them to inspect premises, take samples of sewage or trade effluent from sources (treatment plants, streams, wells), and analyse these samples. They operate monitoring networks across rivers, lakes, and groundwater to assess ambient water quality against the prescribed criteria (Designated Best Use classification).
• CPCB (Central Level): The CPCB coordinates and supports state-level monitoring efforts and runs national monitoring programmes. Under Section 16(1)(d) of the Water Act, the CPCB is tasked with coordinating the activities of the State Boards. It implements national programmes like the National Water Quality Monitoring Programme (NWQMP) and the National Air Monitoring Programme (NAMP), which involve data collection through SPCBs, data analysis, and reporting on the status and trends of water and air quality across the country.

Monitoring data provides the evidence base for identifying polluted areas, prioritizing control efforts, and informing policy and enforcement decisions.

Taking legal action against polluters

To ensure compliance and punish violations, the Boards are equipped with legal powers to take coercive action against individuals or entities that contravene the provisions of the Acts or the conditions stipulated in consents or directions.

• CPCB and SPCBs: Both Central and State Boards have the powerful authority to issue directions under Section 33A of the Water Act, 1974, and Section 31A of the Air Act, 1981. These directions can include orders for closure of operations, prohibition of specific activities, or directions to discontinue the supply of essential services (like electricity or water) to non-compliant units. These powers enable the Boards to take swift action in cases of serious pollution or non-compliance.
• CPCB and SPCBs: The Boards can also initiate prosecution in a court of law against individuals or companies found to be violating the provisions of the Acts (e.g., discharging effluent/emissions without consent, violating consent conditions, failing to comply with directions) (Sections 43 to 45A of Water Act; Sections 37 to 39 of Air Act). The Acts prescribe penalties, including imprisonment and fines, for various offences. The Boards investigate violations, gather evidence, and file complaints in the courts designated for environmental cases.

These enforcement powers are critical for ensuring that environmental regulations are not merely on paper but are effectively implemented and that polluters are held accountable.