pollution (water and air)

Environmental Pollution (Water)

Environmental Pollution (Water & Air)

Module - IVTypes, causes and effectTYPESAir pollution Water pollution Land pollution Noise pollution Radioactive pollutionThermal pollutionLight pollution

Causes Natural causes (storms, volcanic eruptions) Man-made causesPopulation growth Poverty Urbanization Industrialization

Water Pollution Causes Industrial effluents, Domestic sewage, Pesticides & FertilizersEffects on human health and aquatic flora and faunaLegislation The Water (Prevention and Control of Pollution) Act, 1974

Judicial decisions e.g. - Ganga Pollution cases, Vellore Citizen Welfare Forum case

Air pollution Causes burning fuels, industries (mining etc.), electro-magnetic radiations, radioactive waste, natural disasters (volcanic eruptions)Effects visible as acid rain, ozone layer depletion, green house effect, smog and leads to health ailments like cancer, respiratory illnesses etc.; behavioral changes in animals Legislation The Air (Prevention and Control of Pollution) Act, 1981Judicial decisions Taj Trapezium case, Oleum Gas Leakage case, Bhopal Gas Leakage case etc.

Land pollutionCauses Industrial discharges, Pesticides & Fertilizers, Plastics Effects on human beings, animals, plants

Legislation The Environment (Protection) Act, 1986 & various Rules

Judicial decisions Bicchary Village Case, Ratlam Municipality Case etc.

Noise pollution

Cause Noise Effects on human health, propertyLegislation The Air (Prevention and Control of Pollution) Act, 1981 The Noise Pollution (Regulation and Control) Rules, 2000

Judicial decisions Bijayananda Patra Case

Radioactive Pollution

Cause: radioactive substances and wastes, nuclear accidents

Effect: on human beings, plants and animals

Legislation: The Atomic Energy Act, 1962

WaterPublic Trust Doctrine: govt. a trustee for the protection and preservation of natural resources Resolution 64/292 adopted by the General Assembly on The human right to water and sanitation [28 July, 2010] acknowledges that clean drinking water is essential for realisation of all human rights.

UN Committee on Economic Social and Cultural Rights adopted General Comment 15 (November 2002) provided for right to water.

International Decade for Action Water for Life 2005 2015 The Water (Prevention and Control of Pollution) Act, 1974 Background for the passage of Water Act, 1974

Passed under Article 252 of Constitution of India

Purpose of the Act (a) prevention and control of Water Pollution (b) providing for administrative machineries for prevention and control of Water Pollution, i.e.- CPCB and SPCBs (c) maintaining and restoring the wholesomeness of water (d) penalties for the contravention of provisions of the Act (e) establishment of Centre and State Water Testing Laboratories

The Water (Prevention and Control of Pollution) Act, 1974 Central Pollution Control Board (Composition, Functions & Powers)Composition

1 member full time chairman, qualifications 5 members nominees of Central Government 5 members from SPCBs 3 members representatives of Agriculture, fishery, trade2 members representatives of companies 1 member full time member secretary with qualification

The Water (Prevention and Control of Pollution) Act, 1974 Central Pollution Control Board (Composition, Functions & Powers)

CPCB as a body corporate

Members and Officers of Board to be public servant - Section 50 of the Water Act - Section 21 of Indian Penal Code

Disqualifications (a) Insolvency (b) Unsoundness of mind declared by court of competent jurisdiction (c) Conviction for an offence involving moral turpitude


Disqualifications (d) Conviction for any offence under the Act (e) Involvement in the business of sewage treatment machineries - Tenure of membership (Section 5) 3 years


Functions (Section 16)

Main function cleanliness of streams and wells streams Section 2 (j) Other functions - to advise the Central Government - to coordinate the activities of SPCBs and resolve disputes among them- to organize the training programme - comprehensive programme through mass media - preparation of technical and statistical data - standard of discharge of effluents and sewage in streams - to plan and execute nationwide programme for prevention, control and abatement of water pollution- to establish or recognize water testing laboratories


Powers of CPCB -(a) Power to give directions Section 18

(b) Restraints orders Section 33A

The Water (Prevention and Control of Pollution) Act, 1974 State Pollution Control Board (Composition, Functions & Powers)

Composition (Section 4)

1 member full time or part time chairman, qualifications 5 members nominees of State Government 5 members from local authorities 3 members representatives of Agriculture, fishery, trade2 members representatives of companies owned or managed by State government 1 member full time member secretary qualifications -


Functions (Section 17)To plan a comprehensive programme for prevention, control and abatement of pollution of streams and wells in stateTo advise the State government on matters relating to prevention, control and abatement of water pollutionTo collect and disseminate the information relating to prevention, control and abatement of water pollutionTo collaborate with CPCB in training of personsInspection of ETP, sewage, effluents for granting the consentTo lay down standard for effluent / sewage dischargesTo evolve economical and reliable methods for treatment of sewage / effluents.


Functions (h) To evolve the methods for utilization of sewage in agriculture(i) To evolve efficient methods of disposal of sewage and trade effluents on land(j) To establish or recognize the water laboratories (k) To advise the State government as to location of any industry


Powers

Power to obtain information (Section 20) Power to take sample of effluents for analysis (Section 21) Power of entry and inspections (Section 23) Power to grant consent / to refuse or withdraw the consent Section 25, 26, 27 & 28(e) Power to carry out certain works (Section 30) (f) Power to make application to the court for restraining apprehended water pollution (Section 33) (g) Power to order closure etc. (Section 33A)

The Water (Prevention and Control of Pollution) Act, 1974 Offences by Companies (Section 47)

Offences by Government Department (Section 48)

Cognizance of Offences (Section 49)

The Water (Prevention and Control of Pollution) Act, 1974 Penalties under the Water Act (Section 41 to 45 A and Section 46)

Failure to comply with directions given under Section 20 upto 3 months or with fine upto Rs. 10000/- or with bothRs. 5000/- for each day delayFailure to comply with directions of court under Section 33 as aboveFailure to comply with direction issued by Board as under Section 33A as aboveContravening the consent order or conditions 1.5 years to 6 years with fine

The Water (Prevention and Control of Pollution) Act, 1974 Penalties under the Water Act (Section 41 to 45 A and Section 46)

(e) Enhanced penalty in cases of subsequent conviction - 2 years to 7 years with fine- publication of name of offender, offence committed & penalty imposed at the cost of offender

The Water (Prevention and Control of Pollution) Act, 1974 Mrs. Sushetha vs. State of Tamilnadu(2006) 6 SCC 543

Facts of the case widening of the highway connecting Chennai with Mahabalipuram rehabilitation of displaced person by construction of a commercial complex over disused water tank land

Observations of the Court Right to get drinking water is the part of right to quality life

The Water (Prevention and Control of Pollution) Act, 1974 Narula Dyeing & Printing Works vs. Union of India AIR 1995 Guj 185

Discharge of industrial effluents in Khalicut canal pollution of fertile land

Consent order if conditions are not complied with, the consent lapses

Section 5 of Environment Protection Act, 1986 power of central government to order closure etc.

Contention of petitioner the principle of Natural Justice is not followed in ordering the closure

Petition dismissed

The Water (Prevention and Control of Pollution) Act, 1974 Mahabir Soap and Gudakhu Factory vs. UOI and others AIR 1995 Orissa 218Mahabir Gudakhu factory operating since 1957 in thickly populated area polluting the water reservoir meant for drinking purposes

No Consent Order obtained under Water Act

Section 5 of the Environment Protection Act, 1986 show cause notice to factory reply by Managing partner order of closure

Thereafter application for Consent Order denied basis : location in thickly populated area

Contention direction to be quashed as principle of natural justice is not followed petition dismissed finally

The Water (Prevention and Control of Pollution) Act, 1974 Vijayanagar Educational Trust vs. Karnataka State Pollution Control BoardAIR 2002 Kant 123Construction of Medical College and Hospital consent application made SPCB sat over the application Deemed Consent construction started a news item appeared in Indian Express as to likelihood of water pollution by construction activities writ petition filed further construction stopped refusal of consent by SPCB refusal of consent by SPCB upheld by State Appellate Authority

Writ petition for quashing the order ground principle of natural justice not followed

Petition allowed and orders quashed with certain directions to SPCB

The Water (Prevention and Control of Pollution) Act, 1974 Delhi Bottling Co. Pvt. Ltd. Vs. Central Board AIR 1986 Del 152

Delhi Bottling Co. soft drink business

Section 33 on the basis of analysis report

Section 21 sampling procedure was not properly followed

Order of Metropolitan Magistrate quashed

The Water (Prevention and Control of Pollution) Act, 1974 Ambuga Petrochemicals Ltd. vs. AP Pollution Control BoardAIR 1997 AP 41

Facts of the case in house treatment facility & ETP situated outside for complete treatment declared as sick industry production diminished started working only in house treatment plant

Section 33A closure order was passed petitioner contended it as excessive and disproportionate (see grounds of contention)

Held action taken by Board is not excessive and disproportionate

The Water (Prevention and Control of Pollution) Act, 1974 Stella Silks vs. State of Karnataka AIR 2001 Kant 219

Silk manufacturing and export unit dyeing activities led to pollution of water bodies

Under Section 33A order was passed contention of petitioner - principle of natural justice was not followed time was not given to rectify the pollution problem

- Held petitioner violated terms and conditions of license; petition not maintainable

The Air (Prevention and Control of Pollution) Act, 1981 Objects of the passage of act (a) control of air pollution (b) establishing the Boards (c) empowering the Boards (d) other incidental matters relating to maintaining the standard of quality of air

Backgrounds of the passage of act

Study conducted by NEERI, Nagpur Detrimental effects of air pollutants UN Conference on Human Environment held at Stockholm, 1972 Need of integrated approach

The Air (Prevention and Control of Pollution) Act, 1981 Amendment Act of 1987

Why amendment was made

Changes made by the amendment (a)Central Board can perform the functions of State Board

(b) Compulsion to obtain the consent in all cases - Schedule in the Act of 1981, now omitted

(c) Power of State Board to obtain the information even in case of unit located outside Air Pollution Control Area - Air Pollution Control Area Section 19 of the Act

The Air (Prevention and Control of Pollution) Act, 1981 Amendment Act of 1987

(d) Punishment made stricter

(e) Any person can complain before the court in case of violation of provisions of Air Act

Omission of Schedule from the Act

Provision as to direction of Closure etc.

Board can make application to court for taking some action

The Air (Prevention and Control of Pollution) Act, 1981 - Section 2 (a) air pollutant

- Section 2 (b) - air pollution

The Air (Prevention and Control of Pollution) Act, 1981K. Muniswami Gowda and another vs. State of Karnataka and others 1998 (3) Kar LJ 594 Facts of the case Rice mills causing air pollution residential houses effected appropriate direction was sought for shutting down of Rice millsRelevant provisions Section 17 functions of State Board Section 18 power to give directions Section 19 Air Pollution Control Area Section 21 requirement of consent from board Notification of state board exempting the Rice mills from the purview of Air Act was challenged Notification declared ultra vires & petitioner awarded exemplary damages

The Air (Prevention and Control of Pollution) Act, 1981Jadav Soap Works vs. Union of India and Others AIR 2000 Gau 47Small scale soap industry since 1948 operating without obtaining the consent

Section 31 A Closure order passed writ application to quash the impugned order

Relevant provisions Section 31 A - subject to the other provisions of the Act Section 22 - emission of air pollutant as per standard laid down by the BoardContention of petitioner (a) no opportunity was given to obtain the consent (b) no finding regarding pollution- Closure order quashed direction given to obtain the consent

The Air (Prevention and Control of Pollution) Act, 1981Mahabir Coke Industry vs. Pollution Control BoardAIR 1998 Gau 10

Coke industry consent under Water Act in 1993 declaration of air pollution control area - show cause notice to petitioner to obtain consent as under 1987 amendment act application processed in 1995 consent order refused and closure order passed reason black smoke emission since last two years

Writ petition for quashing the closure order High Court ordered to restart the industry

Basis of decision nature and standard of emission of air pollutants in black smoke was not laid down

Flaws in the decision in reference to Schedule of Environment Protection Rules

The Air (Prevention and Control of Pollution) Act, 1981 Animal Feeds Diaries & Chemicals Ltd. vs. Orissa State Board AIR 1995 Orissa 84Facts of the case in 1975 factory set up for manufacture of cattle and poultry feeds in 1986 declaration of air pollution control area factory came in this area notification did not cover the cattle feed industry amendment of 1987 than consent granted for a time period subject to condition subsequent later on the application of renewal of consent was processed in the mean time closure order passed basis was the bad odour coming out of the factory

Question before the court (contention of petitioner) -Whether Member Secretary of Board is empowered to pass the closure order Whether Board requires the direction of Central Govt. in passing the closure order - construction of Section 31AMerely coming out of bad odour can it become a ground for passing closure order and if no finding is available

- Held closure order quashed with a direction to move for renewal of consent

pollution (water and air)

Documents

control of pollution

control of water pollution

water prevention

passage of water act

noise pollution regulation

action water

ganga pollution cases

control rules