Centre notifies new Water Act rules

• The Union Environment Ministry on Monday notified new rules for holding inquiry and imposing penalties for violations of the Water (Prevention and Control of Pollution) Act.

Highlights:

• The Union Environment Ministry has introduced the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, aimed at streamlining the process for addressing violations of the Water Act. These rules are effective immediately.

Key Features of the New Rules

Background of Amendments:

• Earlier this year, amendments to the Water Act decriminalized offences, replacing imprisonment with monetary penalties.
• The amendments also authorized the Union government to appoint adjudicating officers to assess violations and impose penalties.

Scope of Application:

• Applicable to contraventions under Sections 41, 41A, 42, 43, 44, 45A, and 48 of the Act, which pertain to violations like the discharge of untreated effluents and other pollution norms breaches.

Roles of Authorities:

• Complaints can be lodged by:
  • Central Pollution Control Board (CPCB).
  • State Pollution Control Boards (SPCBs).
  • Pollution Control Committees (PCCs).
  • Integrated Regional Offices (IROs) under the Ministry of Environment, Forest and Climate Change (MoEFCC).
  • Authorized officers or other designated persons.

Adjudication Process:

• Adjudication Officer:
  • Must be of a rank not below Joint Secretary or Secretary to the State Government.
  • Procedure:
  • Upon receiving a complaint, the adjudication officer issues a notice to the alleged violator specifying the alleged contravention.
  • The violator may present a defense in person or via a legal representative.
  • If necessary, the officer conducts a formal inquiry.

Timeline for Resolution:

• The inquiry and penalty process must be completed within six months from the issuance of notice to the alleged violator.

Recent Policy Developments Under the Water Act

• Exemptions for Non-Polluting Industries:
  • In July 2024, white category industries (non-polluting) were exempted from prior permissions to establish and operate under the Water Act.

Significance of the New Rules

• Simplified Enforcement:
  • Shift from criminal proceedings to administrative penalties simplifies enforcement and reduces judicial backlog.
• Enhanced Accountability:
  • Empowers adjudicating officers to ensure faster resolution of complaints.
• Encouraging Compliance:
  • Non-polluting industries receive operational ease, while penalties ensure stricter adherence to pollution norms.

Prelims Takeaways

• Water (Prevention and Control of Pollution) Act
• The Central Pollution Control Board