UNDERSTANDING WATER ACT, 1974

By
Dr. D.D. Basu
Former Additional Director, CPCB
Advisor, CSE
 The Water (Prevention & Control of
Pollution) Act, 1974

‘An Act to provide for the prevention and

control of water pollution and the maintaining
or restoring of wholesomeness of water’
 WHOLESOMENESS OF WATER

By wholesomeness of water means an aquatic ecosystem act as a

dynamic biological machine that sustains a physicochemical
characteristics that harbors diverse aquatic flora & fauna & various
uses for human being

This biological machine also assimilates pollutants to a great extent

Assimilative capacity = Re-aeration constant

De-oxygenation rate
Aquatic ecosystem
• "pollution" means such contamination of water or such
alteration of the physical, chemical or biological properties of
water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety,
or to domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or plants or of
aquatic organisms
• "stream" includes –
(i) river; (ii) water course (whether flowing or for the time being
dry); (iii) inland water (whether natural or artificial); (iv) sub-
terranean waters; (v) sea or tidal waters to such extent or, as the
case may be, to such point as the State Government may, by
notification in the Official Gazette, specify in this behalf
 STAKE HOLDER

• REGULATOR

• POLLUTER

• RECEPTOR
 REGULATOR

• CENTRAL GOVERNMENT

• STATE GOVERNMENT

• CENTRAL POLLUTION CONTROL BOARD

• STATE POLLUTION CONTROL BOARD

CREATION OF POLLUTION CONTROL
BOARD
 CONSTITUTION OF CENTRAL BOARD
(UNDER SECTION 3)

Central Board

Chairman
Government
Of India
Representative Agriculture, Nominee
Fisheries/ Trade Representative
of SPCB

PSU
Member Secretary
Central Board is a body corporate
CONSTITUTION OF STATE BOARD (UNDER
SECTION 4)

State Board

Chairman
State
Government
Of India
Representative Agriculture, Nominee
Representative
Fisheries/ Trade of Local Authorities

PSU
Member Secretary
State Board is a body corporate
 FUNCTION OF THE POLLUTION CONTROL
BOARD UNDER SECTION 16/17 OF WATER ACT,
1974

 Advisory

 Regulatory

 Data management, Information, dissemination &

Capacity building of stakeholder

 Research and Development

 ADVISORY FUNCTIONS OF POLLUTION
CONTROL BOARD

Section 16(2) (Central Pollution Control Board)

a. Advice the Central Government on any matter

concerning the prevention, control or abatement of
water pollution
b. Co-ordination of the activities of state pollution
control boards and resolve disputes among them
c. Plan & cause to be executed a nation wide
programme for prevention, control or abatement of
water pollution
 Contd…

• Advisory
Section 17(1) (State Pollution Control Board)

a. To plan a comprehensive programme for the

prevention, control or abatement of pollution of
streams and wells in the state and to secure the
execution there of
b. To advise the State Government on any matter
concerning the prevention, control or abatement of
water pollution
c. To advise the State government with respect to
location of any industry the carrying on of which is
likely to pollute stream or well
 REGULATORY FUNCTION OF POLLUTION
CONTROL BOARD UNDER WATER ACT, 1974
Section Provision
To lay down, modify or annal effluent standards for the
knowledge and trade effluent and for the quality of receiving
171 (g) water (Not being water in the interstate stream) resulting
from the discharge of effluent and to clarify water of the
state.
To inspect sewage or trade effluent, worth’s or plants for the
171 (f) treatment of sewage and trade effluent.

Granting consent to establish or operate any industry,

duration or process or any treatment and disposal system
25/26
which is likely by discharge sewage or trade effluent into a
stream or well or sewer or on land.
Subject to the provisions of this act, the main function of the
16/1 control Board shall be to promote cleanliness of streams and
wells in different areas of the states.

Laying down, modify or annal in consultation with the state

16/g
government concerned, the standards for a stream/well.
 DATA MANAGEMENT, INFORMATION
DISSEMINATION AND CAPACITY BUILDING OF
STAKEHOLDERS
Section Provision

16(f) Data generation and management and dissemination

information
17(c)

16(e)
Mass awareness programme
17(e)

16(d)
Capacity building of stakeholders
17(e)

16(c) Carry out and sponsor research related to problem of

water pollution and prevention, control or abatement of
17(d)
water pollution
POWERS OF POLLUTION CONTROL BOARD
S. NO. POWERS WATER ACT

1 To obtain information Section 20

2 To take sample Section 21
3 To entry & inspection Section 23
4 To grant consent / authorization Section 25/26
5 To withdrawal consent / authorization Section 27
6 Powers to carryout some work Section 30
7 Emergency (remedial action) Section 32
8 Powers to restrict through courts Section 33
9 Power to give directions Section 33 A
10 Power to declare pollution control area Section 19
11 Power to ensure standard from automobiles --
 POLLUTER

• INDUSTRY

• MUNICIPALITY

• RUN OFF FROM AGRICULTURAL

DUTIES OF POLLUTER UNDER WATER ACT

• Obtain Consent under section 25/26

• Compliance consent condition
• Prohibition on use of stream or stream well of
polluting matter, etc.
• Compliance direction given by board
• Development self monitoring protocol
• Provision for facilities for inspection
Consent is a permit to discharge /emit
pollutants within the limit stipulated by the
regulatory authorities
LEGISLATIVE PROVISION UNDER WATER
ACT

Under Section 25 of said Act, it is stated that

“(1) Subject to the provisions of this section, no person shall,
without the previous consent of the State Board,--
(a) establish or take any steps to establish any industry,
operation or process, or any treatment and disposal system
or an extension or addition thereto, which is likely to
discharge sewage or trade effluent into a stream or well or
sewer or on land (such discharge being hereafter in this
section referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge
of sewage; or
(c) begin to make any new discharge of sewage; ”
• “Trade effluent" includes any liquid, gaseous or solid
substance which is discharged from any premises
used for carrying on any 6["Industry, operation or
process, or treatment and disposal system" other
than domestic sewage

• “Sewage effluent" means effluent from any

sewerage system or sewage disposal works and
includes sullage from open drains.
 TYPE OF CONSENT
There are two types of consent. One is consent to establish and
the other one is consent to operate.
• Consent to establish (CTE) – This is for the proposed new
establishment or expansion of existing industries or changing of
product mix or addition and changing outlet. This shall take into
account the impact on the receiving water bodies or land due to
discharge of waste water. This shall also consider the
withdrawal of water. In addition to above, it also evaluates the
proposal to water use and waste water collection, treatment
and disposal mechanism. The proposal shall also include
renovation, reuse and recycling of waste water.
• Consent to operate (CTO) – Consent to operate basically on the
basis of performance of waste water management during
operation. Renewal of consent is provided to continue with
existing situation.
WHO NEEDS CONSENT UNDER WATER ACT,
1974

Yes
Yes
No
Yes

No

No

Yes

Yes
CONSENT CONDITION UNDER WATER ACT
Sr. No. Consent Condition Provision Under
Water Act
1 Validity of Consent 25 (4) (iii)
2 Site Selection 17(n)
3 Layout Plan and House keeping 25 (4) (iii)
4 Source of Water 17(n)
5 Quantity of Water Consumption and Waste Water 25 (4) (ii)
Discharge
6 Quality of Waste Water 25 (4) (ii)
7 Outlet 25 (8) (a) (b), 25 (4) (ii)
8 Collection of Waste Water 25 (8) (a) (b)
9 Collection of Storm Water and Disposal 25 (8) (a) (b
10 Product and Product Mix 25 (4) (i) (ii)
11 Quantity of Raw Material Consumption 25 (4) (i) (iii)
12 Waste Water Treatment 25 (4) (i) (ii)
13 Self Regulation 20 (2) (3) 25 (3) 31 (1) (2)
PROHIBITION ON USE OF STREAM OR WELL
FOR DISPOSAL OF POLLUTING MATTER

24 1 (a)
 No discharge of poisonous, noxious or polluting mater
to stream well or sewer
 No person shall impede flow of water

24 1 (b)
 Restrict to apply under 24 1 (b)
 Construction on bank, bridge, Weir, dam, sluice, dock,
pier, drain
SELF MONITORING PROTOCOL AND
REPORTS TO PCB

 Organizational and policy

 Pollution assessment – monitoring data and

management

 Waste minimization

 Transparency and report writing

 FACILITIES FOR INSPECTION

• Proper instructions at the gate

• Organizations of information, relevant papers, results of
the self regulation and make them available at the time
of inspections
• Action taken reports with respect to instruction given
by the authority on compliance
• Organizing meeting with all stakeholders of the
company (departmental heads) along with the
inspectors
• Updated drawings, layout plan etc.
• Supports reconnaissance survey, sampling programme
POWER OF STATE GOVERNMENT UNDER
WATER ACT

 Under [Section 62] - Power to supersede State Board

 Under [Section 64] - Power to make rules

 POWER TO GIVE DIRECTIONS UNDER
SECTION 18 OF WATER ACT

18 1 (a) Central Government CPCB

18 1 (b) CPCB SPCB

State Govt.
If disputes Referred to Central Govt.
 RECEPTOR

• USER

• AQUATIC FLORA & FAUNA

 WATER QUALITY
-Objective, Criteria & Standard-

Scheme for zoning & classification of Indian rivers

 DESIGNATED BEST USE CONCEPT
Water quality objective: aimed at restoring &/or maintaining natural water
bodies at various reaches to such qualities as are needed for their best use

Water use map: Any stretch of river or lake or estuary or coastal water may
be subjected to more than one organized used. The use list contains
irrigation, drinking, industry, power generation, fisheries and wildlife
propagation, navigation, recreation and aesthetics and even receptacle for
treated wastes. In any stretch there would be one use which would be
demanding the highest quality of water & the stretch is designated by that
use & THAT USE IS TERMED AS THE DESIGNATED BEST USE. The designated
best use of each stretch of river is marked on a map which is henceforth
referred as the ‘WATER USE MAP’

A minimal water quality monitoring programme for those water quality

stations using significant and essential water quality parameters is required.
This would help to prepare ‘Water Quality Map’ on ‘Water Use Map’
stretches of natural water bodies warranting water pollution control are
identifies for immediate, interim, and long-term follow up action
SCHEMATION ZONING CLASSIFICATION (fresh
water)
Criteria A B C D E
Dissolved Oxygen (DO), 6 5 4 4 -
mg/l, Min
Biochemical Oxygen 2 3 3 - -
Demand (BOD), mg/l Max
Total coliform oganisms, 50 500 5000 - -
MPN/100 ml, Max.
pH value 6.5 – 8.5 6.5 – 8.5 6-9 6.5 – 6 – 8.5
8.5
Free ammonia (as N), - - - 1.2 -
mg/l Max
Electrical conductivity, - - - - 2250
micromhos/cm, Max
Sodium adsorption - - - - 26
ration, Max.
Boron, mg/l Max - - - - 2

A – Drinking water source without Conventional treatment but after disinfection

B – Outdoor bathing (organized)
C – Drinking water source with conventional treatment followed by disinfection
D – Propogation of wildlife, fisherish
E – Irrigation, industrial cooling, controlled waste disposal
 SEQUENTIAL PROCEDURE

The zoning of water bodies consist of the following steps:

Step 1: prepare an inventory of water bodies or portions

thereof

Step 2: identify the various uses of each of the water body

or portions thereof

Step 3: identify the designated best use of each of the water

body or portions thereof

Step 4: assign the class nomenclature based on the

designated best use from the scheme of classification to each
of the water body or portions thereof
APPEALS AND APPELLATE UNDER SECTION 28
OF WATER ACT
 PENAL PROVISION

Section Subject Penalty

43 Contravention of Section One or six month
24 imprisonment with time
extend to 6 years
41 Failure to comply direction Imprisonment - 3 months +
under section 32 and 32 (a) fine Rs 10,000
44 Contravention of section Imprisonment – One year
25/26 six month with fine
45 Enhanced penalty after Imprisonment – 2 years +
previous conviction fine
48 Offence by Govt Head Of Department as
Department per above
 COGNIZANCE

[(1) No court shall take cognizance of any offence under

this Act except on a complaint made by--
(a) a Board or any officer authorized in this behalf by it;
or
(b) any person who has given notice of not less than
sixty days, in the manner prescribed, of the alleged
offence and of his intention to make a complaint, to
the Board or officer authorized as aforesaid, and no
court inferior to that of a Metropolitan Magistrate or
a Judicial Magistrate of the first class shall try any
offence punishable under this Act]