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Context:

The Union Environment Ministry has issued new rules for conducting investigations and imposing penalties for violations of the Water (Prevention and Control of Pollution) Act.

About Water Rules 2024

The main objective of the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules 2024 is to streamline the process of investigating and imposing penalties for water pollution violations under the Water (Prevention and Control of Pollution) Act, 1974.

The Act specifies monetary penalties for general offenses and tampering with monitoring devices, and it provides a process for resolving these violations.

Water (Prevention and Control of Pollution) Act 1974 It defines Pollution as the contamination or alteration of water's physical, chemical, or biological properties, as well as the discharge of harmful waste, which renders water hazardous to human health or aquatic life. It establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor and regulate water pollution. The Chairman of the State Pollution Control Board is nominated by the State Government. The Chairperson of the Central Pollution Control Board (CPCB) is appointed by the Appointments Committee of the Cabinet chaired by the Prime Minister. It empowered the government to "exempt certain categories of industrial plants" from discharge restrictions. It prescribes punishment of up to six years in prison for polluting matter discharge.

What changes were made to the Water (Prevention and Control of Pollution) Act, 1974, under the amendments in 2024?

The recent amendments to the Water (Prevention and Control of Pollution) Act 1974 decriminalized several types of violations, replacing imprisonment with monetary penalties ranging from Rs 10,000 to Rs 15 lakh. Failure to pay penalties may result in imprisonment for up to three years or fines of up to twice the amount.

It empowered the central government to exempt certain industries from obtaining prior approval from the State Pollution Control Board (SPCB).  

Significance of the new rules The new rules align with the principles of Ease of Doing Business and Ease of Living by decriminalizing minor violations, such as non-reporting of water abstraction, which were previously punishable by imprisonment. The focus is on monetary penalties, which reduces unnecessary harassment to businesses and citizens while simplifying the adjudication process.

Appointment of SPCB chairpersons under the new rule

The Water Act 2024 requires the central government to prescribe the process for nominating and appointing State Pollution Control Board (SPCB) chairpersons, providing central control over appointments previously made by state governments.

Role of an adjudicating officer under the new rules

Complaints about violations of the Water Act 2024 may be filed by authorized officers from the Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCB), Pollution Control Committees, and Integrated Regional Offices of the Ministry of Environment, Forest, and Climate Change. 

The Union government to appoint officers to adjudicate offenses, violations and determine penalties. 

An adjudicating officer (must be at least a Joint Secretary rank) will be in charge of supervising the inquiry process, issuing notices to alleged violators, and conducting inquiries, which must be completed within six months of the notice.

Violation of the Water Act 2024

If a government department is found to have violated the Water Act 2024, the head of the department will be fined with one month's basic salary, unless they prove that due diligence was used to prevent the violation.

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Source: 

Indian Express

PRACTICE QUESTION Q.Consider the following statements in the context of the Central Pollution Control Board (CPCB): 1. It is a statutory organization under the Ministry of Earth Sciences. 2. It was established under the Air (Prevention and Control of Pollution) Act 1981. Which of the above statements is/are correct? A) 1 only B) 2 only C) Both 1 and 2 D) Neither 1 nor 2 Answer: D Explanation: Statement 1 is incorrect: The Central Pollution Control Board (CPCB) is a statutory organization under the Ministry of Environment, Forest, and Climate Change (MoEFCC). Statement 2 is incorrect: The Central Pollution Control Board (CPCB) was established under the Water (Prevention and Control of Pollution) Act 1974. It is also granted powers and functions under the Air (Prevention and Control of Pollution) Act 1981.