Water act

1. Environment
According to Section 2(a) of the Environmental
Protection Act, 1986, ‘Environment’ includes
a) Water, air and land
b) The inter-relationship which exists among and
between,
i) water, air, land, and
ii) human beings, other living creatures, plants,
microorganisms and property

2. Key policies relating to the environment
in India
• The National Forest Policy, 1988
• Policy statement for Abatement of Pollution,
1992
• National Conservation Strategy and Policy
Statement on Environment and Development,
1992

3. Different statutes / legislations enacted in India
for environmental protection
• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Rules, 1975
• The Water (Prevention and Control of Pollution) Cess Act, 1977
• The Water (Prevention and Control of Pollution)
Cess Rules, 1978
• The Air (Prevention and Control of Pollution) Act, 1981
• The Air (Prevention and Control of Pollution) Rules, 1982
• The Environment (Protection) Act, 1986
• The Environment (Protection) Rules, 1986
• Hazardous Wastes (Management and Handling) Rules, 1989
• Manufacture, Storage and Import of Hazardous Chemical
Rules, 1989
• The Forest (Conservation) Act, 1980
• The Forest (Conservation) Rules, 1981
• The Wildlife Protection Act, 1972
• The Wildlife (Transactions and Taxidermy) Rules, 1973
• The Wildlife (Stock Declaration) Central Rules, 1973
• The Wildlife (Protection) Licensing (Additional Matters
for Consideration) Rules, 1983
• The Wildlife (Protection) Rules, 1995
• The Wildlife (Specified Plants - Conditions for
Possession by Licensee) Rules, 1995
• The Public Liability Insurance Act, 1991
• The Public Liability Insurance Rules, 1991
• The National Environment Tribunal Act, 1995
• The National Environment Appellate Authority Act,1997

4. WATER ACT

5. • The Water (Prevention and Control of Pollution) Act was enacted
in 1974 to provide for the prevention and control of water
pollution, and for the maintaining or restoring of wholesomeness
of water in the country.
• The Act was amended in 1988.
• The Water (Prevention and Control of Pollution) Cess Act was
enacted in 1977, to provide for the levy and collection of a cess on
water consumed by persons operating and carrying on certain
types of industrial activities.
• This cess is collected with a view to augment the resources of the
Central Board and the State Boards for the prevention and control
of water pollution constituted under the Water (Prevention and
Control of Pollution) Act, 1974.
• The Act was last amended in 2003.

6. It defines pollution as
• Contamination of water
• Alteration of the physical, chemical or biological properties of
water
• Discharge of any sewage or trade effluent or any other liquid,
gaseous or solid substance into water (whether directly or
indirectly)
• or it is likely to create a nuisance or rend such water harmful or
injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses
• or harmful or injurious to the life and health of animals or of
aquatic organisms.

7. • This Act paved the way for the creation of Central Pollution
Control Board (CPCB) and State Pollution Control Boards
(SPCBs).
• The main function of the CPCB ‘shall be to promote
cleanliness of streams and wells in different areas of the
States’.
• The term stream includes river, watercourse, inland water,
subterranean waters, and sea or tidal waters to such extent
or such point a State Government may specify in this behalf.

8. The Board may perform functions such as
1. lay down, modify or annul in consultation with the State
Government concerned, the standards for a stream or well;
2. plan and cause to the executed a nationwide programme for the
prevention, control and abatement of water pollution;
3. collect, compile and publish technical and statistical data relating
to water pollution and the measures devised for its effective
prevention and control and prepare manuals, codes or guides
relating to treatment and disposal of sewage and trade effluents
and disseminate information connected therewith;
4. advise the Central Government on any matter concerning the
prevention and control of water pollution;
5. coordinate the Activities of the SPCBs and provide technical
assistance and guidance to the SPCBs; and
6. carry out and sponsor investigation and research relating to
problems of water pollution and prevention, control or abatement
of water pollution. The SPCBs have similar functions within their
areas.

9. • The penalties for non-compliance are imprisonment from 18
months to 6 years with a fine for the first contravention and
additional fine upto Rs.5000 per day till the failure continues.
• This Act does not cover groundwater contamination.
Municipalities which are primarily responsible for treating
residential wastes remain free from direct liability.
• It allows the Government agencies too much flexibility. For
example the Act States that the head of a polluting unit would
not be punished ‘if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to
prevent it’.
• This Act does not give the victims the right to go to the courts
to punish the erring units; charges can be brought to courts
only by the Boards.

10. 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.
Case Study - Sterlite copper plant in Thoothukudi

11. 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
authorisation.
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
authroisation 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.

12. AIR ACT

13. • The Air (Prevention and Control of Pollution) Act, 1981
was enacted in 1981 to provide for the prevention and
control of air pollution.
• This Act defines air pollutant as ‘any solid, liquid or
gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to
be injurious to human beings or other living creatures or
plants or property or environment’
• The CPCB and the SPCBs created under the Water Act
1974 are entrusted with the implementation of the
provisions of the Act.

14. Functions of CPCB
(a) advise the Central Government on any matter concerning the
improvement of the quality of air and prevention, control or abatement of
air pollution;
(b) plan and cause to be executed a nation wide programme for the
prevention, control or abatement of air pollution;
(c) coordinate the Activities of the SPCBs;
(d) provide technical assistance and guidance to the SPCBs;
(e) collect, compile and publish technical and statistical data relating to air
pollution and the measures devised for its effective prevention, control or
abatement and prepare manuals, codes or guides relating to prevention,
control or abatement of air pollution; and
(f) lay down standards for the quality of air.

15. • For failures to comply with the restriction on use of
certain industrial plants, discharging emission of air
pollutants in excess of the standards laid down by the
SPCBs,
• and non-compliance with directions relating to closure,
prohibition or regulation of any industry, operation or
process or the stoppage of utility services,
• the penalties are imprisonment for a term between 18
months and 6 years and with fine; and in case the failure
continues, with and additional fine which may extend to
Rs.5000 for every day during which such failure continues
after conviction for the first such failure.
• If the failure continues beyond one year after the date of
conviction, the offender shall be punishable with
imprisonment for a term between 2 years and 7 years and
with fine.

16. Positi
on
Country City/Town Year PM2.5
Temporal
coverage
PM10
Temporal
coverage
Database
version
(year)
1 India Kanpur 2016 173 >75% 319 NA 2018
2 India Faridabad 2016 172 >75% 316 NA 2018
3 India Gaya 2016 149 50% -< 75% 275 NA 2018
4 India Varanasi 2016 146 >75% 260 NA 2018
5 India Patna 2016 144 >75% 266 NA 2018
6 India Delhi 2016 143 >75% 292 NA 2018
7 India Lucknow 2016 138 >75% 255 NA 2018
8 Cameroon Bamenda 2012 132 NA 141 NA 2016
9 India Agra 2016 131 >75% 194 NA 2018
10 India Gurgaon 2016 120 50% -< 75% 124 NA 2018
11 India Muzaffarpur 2016 120 >75% 221 NA 2018
12 India Srinagar 2016 113 NA 169 NA 2018
13 Pakistan Peshawar 2010 111 NA 540 NA 2016
14 Pakistan Rawalpindi 2010 107 NA 448 NA 2016
15 India Jaipur 2016 105 50% -< 75% 193 NA 2018
16 Uganda Kampala 2013 104 NA 170 NA 2016
17 India Patiala 2016 101 NA 184 NA 2018
18 India Jodhpur 2016 98 >75% 180 NA 2018
19 Bangladesh Narayangonj 2015 94 >75% 205 >75% 2018
20 China Baoding 2016 93 NA 147 NA 2018