The State Pollution Control Board (SPCB) is a statutory body established under the Water (Prevention and Control of Pollution) Act, 1974. It serves as the primary regulatory authority at the state level to ensure the cleanliness of streams and wells.
1. Constitution of the State Board (Section 4)
The State Government constitutes the Board, which typically consists of the following members (not exceeding 17 in total):
Chairman: A person having special knowledge or practical experience in environmental protection, appointed by the State Government.
Official Members (Up to 5): Nominated by the State Government to represent the government.
Local Authority Members (Up to 5): Nominated from members of local authorities (like Municipalities or Panchayats).
Non-Official Members (Up to 3): Representing interests of agriculture, fishery, industry, or trade.
State Corporation Members (Up to 2): From companies or corporations owned/managed by the State Government.
Member-Secretary: A full-time qualified person in scientific, engineering, or management aspects of pollution control.
2. Functions of the State Board (Section 17)
The Board performs a dual role of planning and enforcement:
Planning: To plan a comprehensive program for the prevention, control, or abatement of pollution of streams and wells in the State.
Advisory: To advise the State Government on any matter concerning the prevention and control of water pollution.
Information Dissemination: To collect and disseminate information relating to water pollution and its prevention.
Research and Training: To conduct or participate in investigations and research relating to water pollution problems.
Setting Standards: To lay down, modify, or annul effluent standards for the sewage and trade effluents.
Inspections: To inspect sewage or trade effluents, works, and plants for the treatment of sewage and trade effluents.
3. Powers of the State Board
To perform its functions effectively, the Act grants the Board significant legal powers:
Power to obtain Information (Section 20): The Board can survey any area and keep records of the flow or volume and other characteristics of any stream or well.
Power of Entry and Inspection (Section 23): Any person empowered by the Board has the right to enter any place for the purpose of performing any of the functions of the Board or to examine any plant, record, or document.
Power to Grant Consent (Section 25): 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.
Power to Issue Directions (Section 33A): The Board can issue directions in writing to any person, officer, or authority, including orders to close, prohibit, or regulate any industry or to stop the supply of electricity or water.
4. Collection of Samples (Section 21)
The Act provides a specific legal procedure for collecting samples to ensure they can be used as valid evidence in a court of law.
The Procedure:
Notice of Intent: The person taking the sample must serve a notice of his intention to have the sample analyzed to the occupier or his agent.
Sampling: The sample is taken in the presence of the occupier or his agent.
Dividing the Sample: The sample is divided into two parts. Each part is placed in a container, which is then sealed and signed by both the officer and the occupier.
Distribution:
One container is sent to the State Water Laboratory.
The second container is kept for the Central Water Laboratory if the occupier requests a second analysis to challenge the first.
Lack of Cooperation: If the occupier willfully absents himself or refuses to sign, the officer can seal the samples and have them signed by witnesses.
5. Analysis and Evidence
Under Section 22, the Government Analyst analyzes the sample and submits a report. This report is considered admissible evidence in any proceeding under the Act. If the two samples (State vs. Central lab) show different results, the report of the Central Water Laboratory prevails.
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