Prohibitions on Polluting Water Bodies under Water Act

The Water (Prevention and Control of Pollution) Act, 1974 was the first major environmental law in India, establishing the framework for the "Consent" regime. The prohibition on using water bodies as dumping grounds is primarily governed by Section 24, supported by the regulatory powers in Section 25.

1. Prohibition: under Section 24

Section 24 acts as a blanket ban on polluting water bodies. It states that no person shall knowingly cause or permit any poisonous, noxious, or polluting matter to enter into any:

• Stream: Includes rivers, watercourses (flowing or dry), inland waters, and even tidal waters.

• Well: Includes any borehole, pipe, or excavation used for the purpose of deriving water.

• Sewer or Land: If the matter is likely to find its way into a stream or well.

Key Features of Section 24:

• Knowledge: The act must be done "knowingly."

• Standards: Pollution is measured against the standards laid down by the State Pollution Control Board (SPCB).

• Scope: It prohibits both direct disposal and indirect seepage that could contaminate water sources.

2. Mandatory Consent: Section 25

While Section 24 prohibits pollution, Section 25 regulates the discharge of sewage or trade effluents.

• No person can establish any industry or process which is likely to discharge sewage or trade effluent into a stream or well without the previous consent of the State Board.

• This applies to any "new" outlet or "new" discharge.

• The Board may grant consent subject to conditions, such as the installation of an Effluent Treatment Plant (ETP) to treat the waste before it enters a water body.

3. Exceptions to Section 24

The Act provides certain practical exceptions where the entry of matter into a stream is not considered an offence:

• Construction: Depositing materials in a stream for the purpose of constructing or maintaining a bridge, dam, or weir.

• Agriculture: Entry of sand, gravel, or other natural deposits resulting from authorized agricultural or irrigation operations.

• Natural Deposits: Entry of any matter which is naturally present in the water body.

4. Enforcement Powers of the State Board

To ensure these prohibitions are followed, the State Board is vested with specific powers:

• Power to Obtain Information (Section 20): The Board can ask any person to provide details regarding their discharge points.

• Power to Take Samples (Section 21): The Board can take samples of any sewage or trade effluent passing from any plant into a stream or well.

• Power of Entry and Inspection (Section 23): Authorized officers can inspect any industrial plant or ETP at reasonable times.

• Emergency Orders (Section 32): In case of an immediate pollution threat to a stream or well, the Board can issue an order to remove the polluting matter or stop the activity immediately.

5. Penalties for Violation (Section 43)

If a person violates the prohibition under Section 24, the punishment is severe:

• Imprisonment: Not less than one year and six months, which may extend to six years.

• Fine: Along with imprisonment, a fine is imposed.

• Continuous Failure: If the failure continues, an additional fine of up to ₹5,000 per day can be levied after the first conviction.