Rules under new Water Act notified

Context : 

The Central Government has introduced new rules to streamline inquiry and penalty procedures for water pollution offenses under the Water (Prevention and Control of Pollution) Act, 1974. These rules, known as the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, are intended to improve regulatory oversight and simplify the adjudication process for violations.

Water Act 1974 and the Need for Amendment

Background:

• The Water Act, 1974 was established to prevent and control water pollution.
• It initially included penal provisions, including imprisonment, for non-compliance.

Why Amendment Was Needed:

• The amendment was made to support the idea that governance should trust citizens and institutions.
• The original act included imprisonment for minor offenses, like not informing the State Board about water abstraction, which often led to harassment of businesses and citizens.
• The strict penal approach was inconsistent with the Ease of Living and Ease of Doing Business goals.
• Water (Prevention and Control of Pollution) Amendment Bill, 2024 was introduced to reduce criminal penalties for minor infractions.

Key Highlights of the Water Act 2024

1. Introduction and Applicability:

   • Applies to Himachal Pradesh, Rajasthan, and Union Territories initially, with options for other states to adopt it.

2. Decriminalization and New Penalties:

   • Decriminalizes minor violations, replacing imprisonment with monetary fines (from Rs 10,000 to Rs 15 lakh).
   • If penalties aren’t paid, imprisonment of up to three years or a fine up to twice the original amount may still apply.

3. Consent Exemptions for Industry Establishment:

   • The 2024 Act allows the central government, in consultation with the Central Pollution Control Board (CPCB), to exempt certain industries from needing State Pollution Control Board (SPCB) consent.
   • Introduces guidelines for SPCB consent processes for specific industries.

4. SPCB Chairman Appointments:

   • Central government now oversees the appointment of SPCB chairmen, previously managed by states.

5. Regulations on Polluting Matter Discharge:

   • SPCBs can issue directives to immediately stop polluting activities.
   • Violations result in fines, not imprisonment, between Rs 10,000 and Rs 15 lakh.

6. Penalty for General Offenses:

   • General offenses that previously led to imprisonment now carry fines from Rs 10,000 to Rs 15 lakh.

7. Appointment of Adjudicating Officers:

   • Adjudicating officers, with ranks at least Joint Secretary, will assess penalties.
   • Appeals can be made to the National Green Tribunal after depositing 10% of the penalty.

8. Expanded Cognizance of Offenses:

   • Courts can now take action on complaints filed by adjudicating officers in addition to CPCB, SPCB, or notified officials.

9. Accountability for Government Departments:

   • Government department heads are liable for violations, facing penalties equal to one month’s basic salary unless due diligence was demonstrated.

Key Highlights of New Rules under the Water Act 2024

1. Introduction of New Penalty Rules:

   • The Union Environment Ministry has introduced the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, outlining inquiry and penalty procedures.

2. Shift from Criminal to Civil Penalties:

   • Following amendments, penalties now replace criminal charges.
   • White category (non-polluting) industries are exempted from needing prior permissions to operate under the Act.

3. Empowerment of Pollution Control Authorities:

   • CPCB, SPCB, Pollution Control Committees, and Integrated Regional Offices can file complaints to adjudicating officers for violations, mainly concerning industrial effluent and pollutant discharge.

4. Role and Responsibilities of the Adjudicating Officer:

   • An adjudicating officer (minimum rank: joint secretary) oversees complaints, issues notices, and conducts inquiries.
   • Alleged violators can respond via legal representatives.
   • Inquiries must be completed within six months of notice issuance.