WATER ACT

 WATER ACT:

• The Federal Water Pollution Control Act of 1948

was the first major U.S. law to address water
pollution. Growing public awareness and concern
for controlling water pollution led to sweeping
amendments in 1972. As amended in 1972, the law
became commonly known as the Clean Water Act
(CWA).
• The need for legislating the act was felt in the year
1962, it was the same year when independent India
fought its first war with china. A committee was set
up in 1962 to draw a draft enactment for the
prevention of water pollution.
The Water Act was enacted by Parliament Act, 1974 purpose to provide for the
prevention of control of water pollution and the maintaining or restoring of
wholesomeness of water. As on day, it is applicable in all the states of India.

Features Of Act 
• It provides for maintenance and restoration of quality of all types of surface and
ground water.
• It provides for the establishment of central and state boards of pollution control.
• It confers them with powers and functions to control pollution.
• It has provision for funds, budgets, accounts and audit of the central and state
pollution control boards.
• It also makes provision for various penalties for the defaulters and procedure for the
same
Application and Commencement:
It applies in the first instance to the whole of the States of Assam, Gujarat, Haryana, Himachal Pradesh,
Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan and West Bengal and the Union
Territories.
Central Pollution Control Board
• It is the main governmental organization at central level for prevention and control of water pollution.
CPCB’S OBJECTIVES
• It Advises the central government in matters related to prevention and control of water pollution.
• All the state pollution control boards (SPCBs) are guided and technically assisted by CPCB.
• It organizes training programs for prevention and control of pollution at various places (seminars).
• It also organizes comprehensive programs on pollution related issues through mass media.
• It collects, compiles and publishes technical and statistical data related to pollution.
• It prepares manuals for treatment and disposal of sewage and trade effluents.
• Lays down standards for water quality parameters.
• It plans nation-wide programs for prevention, control of pollution.
• It establishes and recognizes laboratories for analysis of water, sewage or trade effluent samples.
POLLUTION means such as,
• Contamination of water or
• Alternation of physical, chemical Or biological properties of water or
• Discharge of any Sewerage effluent Or trade Effluent Of or any other liquid or solid substance into water
As may render such water harmful
• To public health
• To domestic , commercial , industrial, agriculture Or other legimatic users
• To life of animal And plant or aquatic Organisms.

Sewage effluent:
Sewage effluent means effluent from
• Any sewerage system or Disposal works and
• Includes sullage from open drains.
Trade effluent:
Trade effluent includes
• Any liquid ,solid or gaseous Substance
• Which discharge from any Premises Used for Carrying on
• Any industries operation or processes, or treatment And disposal system
• Other then domestic sewage.
OCCUPIER:
• In relation to any factory or premises
• The person who has control there over affairs to the factory or premises And includes In relation to
any substance
• The person is possession for the substance

OUTLET: It includes
• Any conduit pipe or channel , open or closed
• Carrying sewerage or trade effluent of any other holding arrangement
• Which causes or is likely to cause, pollution .

Stream:
It includes,
• River
• Watercourses
• Inland water
• Sea or tidal water such extent or, as the case may be , to such point may as the state government may,
by notification in the critical gazeeth , specify
POWERS AND FUNCTIONS OF BOARDS:

Functions & Power of Central Board

• The main function of the Central Board shall be to promote cleanliness of streams and wells in different
areas of the States.
• Advice the Central Government on any matter concerning the prevention and control of water pollution.
• lay down standards for Stream & well.

Functions & Power of State Board

• Every State Board shall be bound by such directions in writing as the Central Board or the State Govt. may
give to it.
• Where the Central Government is of the opinion that any State Board has defaulted in complying with any
directions given by the Central Board under sub-section.
• Control the pollution is state
Penalties for violation of the provisions of the act

• In case of failure to give information by person discharging influence into stream or well, the penalty is
imprisonment up to 3 months or fine up to 10,000 or both.

• In case of permitting polluting material into stream or well or on land the penalty is imprisonment for
1.5 to 6 years or fine or both.

Cpcb Spcb
EXAMPLE GANGA ACTION PLAN:
• To oversee the implementation of the GAP and to lay down policies and programes, Government of India
constituted the CGA (Central Ganga Authority)in February 1985, renamed as the NRCA (National River
Conservation Authority)in September 1995, under the chairmanship of the Prime Minister.

• The Government also established the GPD (Ganga Project Directorate)in June 1985 as a wing of
Department of Environment, to execute the projects under the guidance and supervision of the CGA.

• The Government renamed the GPD as the NRCD (National River Conservation Directorate)in June 1994.

GAP I:
• The GAP-I envisaged to intercept, divert and treat 882 mld (million litres per day) out of 1340 mld of
wastewater, generated in 25 class-i towns in 3 states of uttar pradesh, bihar and west bengal.

• The NRCD had scheduled the GAP-I for completion by march 1990, but extended it progressively up to
march 2000. While the GAP-I was still in progress, the CGA decided in february 1991 to take up the GAP-
II, covering the following pollution abatement works.
 GAP II:
• The CCEA (Cabinet Committee on Economic Affairs) approved the GAP-II in various stages during
April 1993 to October 1996 .
• The States of Uttar Pradesh, Bihar, West Bengal, Delhi and Haryana were to implement the GAP-II
by treating 1912 mld of sewage. GAP-II is scheduled for completion by December 2001.

FINANCIAL PROFILE:
• Approved outlays for the GAP-I and the GAP-II were rs 462.04 crore and rs 1276.25 crore respectively. The
central government was to bear the entire expenditure on schemes under the GAP-I, and to share it equally with
the states in the GAP-II.
• The government of India decided in November 1998 to bear the entire expenditure on schemes from April
1997, as the states found it difficult to provide their matching share.
Case study STERLITE COPPER PLANT IN THOOTHUKUDI:

• The Tamil Nadu Pollution Control Board refused to

renew its application to extend the Consent to Operate
(CTO) the plant. The four primary reasons include
• 1. Dumping of Copper slag
• The board has accused Sterlite of dumping copper slag
(it is a by-product of copper extraction by smelting)
along the Uppar river and obstructing the flow of the
river.
• This has allegedly caused flooding in residential areas
nearby.
• Reports suggest that the firm didn't construct a physical
barrier between the Uppar and a landfill and this has
allowed slag to reach the river.
• Hundreds of families in the region were affected due to flooding in the Uppar stream in 2015.
• According to a show cause notice given by TNPCB to Sterlite, 3.52 lakh tons of copper slag was found dumped
on the site of the water body during inspection.

2. Ground water analysis

• The pollution caused by the smelter to the groundwater in the vicinity is not recorded. Sterlite, according to
the board, has not furnished reports of groundwater analysis of borewells near the site.

3. Waste disposal

• Sterlite allegedly generates and disposes hazardous wastes without valid authorization.

4. Arsenic content

• In addition to failing to provide data on ground water, the copper smelter has also not conducted studies to
understand the arsenic content it may be generating. There is no analysis of arsenic content in the ambient air
nor is there a gypsum pond constructed.
• Sterlite’s counsel, according to reports, has orally stated that some of the grounds have been complied with
for the CTO. It has further claimed that authorization for hazardous waste disposal in pending with the
TNPCB. The TNPCB appellate authority has fixed the next hearing in the matter of the CTO for May 17.
PREVENTION AND CONTROL OF WATER POLLUTION:

• Power State Government to restrict the application of the Act to certain areas (section 19)

• Power to obtain information (section 20)

• Power to take samples of effluents and procedures to be followed in connection there with (section 21)

• Reports of the results of analysis on samples taken under section 21 (section 22)

• Power of entry and inspection (section 23)

• Prohibition on use of stream or well for disposal of polluting matter (section 24)

• Restrictions on new outlets and new discharges (section 25)

THANK YOU
-ARABI SATYA M.V.
-ATCHAYA.S