The Central Board, State Boards, and Functions of the PCB are all covered by the Water (Prevention & Control of Pollution) Act, 1974. The Central Board, also known as the Central Pollution Control Board, was established by the Central Government by Section 3 of the Water (Prevention & Control of Pollution) Act.
The Central Board must be seen as a perpetual succession body corporate with the authority to acquire, retain, and dispose of it. A contract may be made with the person or party under Section 3(3) of the Water (Prevention & Control of Pollution) Act, 1974. In the name of the Central Board, they may file or receive a lawsuit.
The State Boards must be established per Section 4 of the State Government, also known as the State PCB. Each State Board must be viewed as a perpetual succession corporation with the authority to possess, acquire, and dispose of property. It may also sign a contract with any other parties or individuals. They are capable of suing or being sued on behalf of State Boards.
Functions Of Central Pollution Control Board
The Central Board has been charged with carrying out its responsibilities following section 16 of the Water (Prevention & Control Pollution) Act, listed below:– Offer Central Government advice.
- The Central Government must seek advice from the Central Pollution Control Board on preventing and reducing water pollution.
- Active-Board operations are coordinated with The State Board Central PCB to settle disagreements between them.
- State Boards must get technical help and direction from the Central Pollution Regulation Board to conduct investigations and studies into the issue of water pollution and to prevent, regulate, or reduce it.
- The Central Pollution Regulation Board is responsible for organising and planning training courses for those working to avoid, regulate, or reduce water pollution.
- The Central PCB will carry out a thorough media campaign to reduce and avoid water pollution.
Functions As State Board
The Water (Prevention & Control of Pollution) Act’s section 18(2) grants the Central Board the “power to give directions” to carry out any State Board’s duties. These instructions will bind every State Board in writing to the extent that the Central Government or State Government can do so.
Publication Of Statistical And Technical Data
Technical and statistical data about water pollution must be gathered, compiled, and published by the Central PCB. There is a connection between the actions taken for its efficient prevention and management and the creation of manuals, guidelines, or guides related to treating and disposing of sewage and trade effluents and disseminating information.
Setting Stream and Well Standards
The Central PCB must establish, alter, or repeal standards for the stream after consulting with a State Government concerned about them.
Program Execution at the National Level
A national program for preventing, controlling, or reducing water pollution must be planned and brought about by the Central Pollution Control Board.
Functions Of The State Pollution Control Board
The State Board must carry out the following duties in accordance with section 17 of the Water (Prevention & Control of Pollution) Act of 1974:
Organising Training Program
The State Pollution Regulate Board must work with the Central Board to train those involved in programs to prevent, restrain, or lessen water pollution and to plan mass education campaigns connected to that..
Inspection Of Sewage And Trade Effluents Plants
The State Pollution Control Board must inspect sewage treatment facilities and trade effluent works. Additionally, they must examine any plans, specifications, or other information about facilities put up for water purification, treatment, and sewage or trade effluent disposal systems associated with granting any consent.
Standards For Causing Discharge Of Water
The NOC Pollution Control Board is required to review and alter the standards for sewage and commercial effluents. They must classify state water and assess the receiving water’s quality once effluents are discharged.
Economic Methods Of Treatment Of Sewage
Regarding the unique climatic, soil, and water resource characteristics in various regions, the State PCB must develop cost-effective and dependable ways for treating sewage and trade effluents.
Methods For Disposal Of Sewage
Due to the prevailing conditions of sparse stream flows that do not provide for the minimal degree of dilution for a considerable portion of the year, the State Pollution Control Board must develop effective ways of sewage and trade effluent disposal on land.
Standards For Treatment Of Sewage
The requirements for sewage treatment and the trade effluents that may be released into any stream must be established by the State Pollution Control Board. The minimal fairness, the availability of dilution in that stream, and the permissibility of pollution tolerance levels in the water of the creeks following the discharge of suit effluents are all taken into account.
Advisory Functions
In addition to performing the aforementioned statutory duties, the State PCB must inform the state government of the location of any industry that may pollute a stream or well. Additionally, the State Board occasionally completes activities that are mandated for it or that the Central Pollution Control Board or the State Government may delegate to it.
Powers Of Central Pollution Control Board
The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981 both established the Central PCB, a statutory body. Promoting and putting into practice environmental laws and regulations is the main goal of CPCB in order to stop and manage pollution in the nation. Its capabilities and duties consist of:
- Section 18 of the Water (Prevention & Control of Pollution) Act gives the Central Pollution Control Board the authority to direct the State PCB.
- If one of its directives is not followed, the Central PCB has the authority to carry out any of the duties of a State PCB
- Section 33A of the Water (Prevention & Control of Pollution) Act gives the Central Pollution Control Board the authority to make directives that prohibit, close, or regulate any activity, industry, process, or restriction of energy, water, or any other service supply.
Powers Of State Pollution Control Board
The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981 created the State PCBs, statutory organisations in India. These boards are responsible for preventing, controlling, and reducing pollution in their respective states. State PCBs have the following authority and responsibilities:
- Regulation and Control: SPCBs have the power to manage and regulate the release of pollutants into the atmosphere and into aquatic bodies. For businesses, factories, and other sources of pollution they can set emission and effluent limits.
- Granting and Renewal of Permits: SPCBs grant permission for establishment and agreement to operate with polluting companies and other entities. Periodically, they also renew these licences.
- Monitoring and Inspection: SPCBs conduct routine inspections and sampling to monitor the pollution levels in different sectors of the economy and places. To ensure that pollution control standards are being followed, they have the authority to check buildings, documents, and machinery.
- Enforcement: SPCBs may take action against businesses and other non-compliant organisations, such as by levying fines, suspending licences, or bringing legal action.
- Setting Standards: By federal regulations and the unique ecological circumstances of respective states, SPCBs are empowered to establish environmental standards for air and water quality, emissions, and effluents.
- SPCBs serve as advisors to the state government on issues about sustainability, pollution prevention, and environmental preservation.
- SPCBs may conduct or support research and development projects to find fresh pollution control strategies and technology.
- Public Awareness: SPCBs can plan and support initiatives to increase public knowledge of environmental concerns and pollution prevention techniques.
- Environmental Impact Assessment: By assessing the potential environmental effects of new projects and making suggestions to the government, they play a critical role in the environmental impact assessment (EIA) procedure.
- Coordination: To guarantee effective pollution control measures, SPCBs work with central pollution control boards, other state PCBs, and pertinent government ministries.
- SPCBs can take legal action against pollutants by bringing legal claims to uphold pollution control legislation.
- Data Gathering and Analysis: To evaluate the state of the environment in each of their various states, they gather information on pollution levels, carry out environmental research, and analyse data.
- SPCBs are in charge of responding to environmental catastrophes like chemical spills and taking action to lessen their effects.
- Building Capacity: To help industries, government representatives, and other stakeholders better understand pollution control methods, they may offer training and capacity-building programs.
List of Important Cases Along With Its Interpretation
There have been cases where PCB-related environmental issues have been brought before courts. Here are a few examples and explanations of their significance about PCBs.
- In M.C. Mehta v. Union of India, the Supreme Court ruled that the financial capability of the ternaries is not a relevant factor, obliging them to put up the basic treatment plants. The State Pollution Control Board will not allow an industry to continue operating if it cannot build a primary treatment plant.
- The consent order issued by the State PCB according to section 25 (2) of the Water (Prevention & Control of Pollution Act) does not grant the industrial unit permission to discharge trade effluents into a stream, according to the decision in Narula Dying and Printing Works v. Union of India. A group must adhere to the terms outlined in a consent order and establish wastewater treatment plants within the timeframe specified in the consent order.
- Based on a public complaint, the State PCB declined to approve the continuation of the factory in the populated region in Mahavir Soap and Godakhu Factory v. Union of India. It was decided that the denial of permission had a valid justification. The Court’s judgement did not replace the State PCB ruling for any reason.
- According to a ruling in the case of T.N. Godaverman Tirumalpad v. Union of India, a State PCB gradually regulates numerous pollution sources. The Court has no authority to tell the government which course of action needed to be taken first.
- In Andhra Pradesh Pollution Control Board v. M.V. Nayudu, the Supreme Court ruled that section 25 of the Water (Prevention & Control of Pollution) Act forbids even freshly established companies from causing pollution while they are still being set up. Therefore, clearance from a State PCB must be requested before starting an enterprise.
- The State PCB declined to approve the continuation of industry in Mahabir Soap and Godakhu Factory v. Union of India on the grounds that the factory is situated in a populated area and that there has been a public complaint. It was decided that the State PCB’s justifications were consistent with the goal of the Water (Prevention & Control of Pollution) Act. According to the Court’s further ruling, the State PCB can refuse.
Conclusion
The Central Pollution Control Board and the State PCB’s now have some essential powers and duties under the Water (Prevention & Control of Pollution) Act. These in turn, give the Boards the ability to carry out their responsibilities for environmental regulation.
The pollution control boards act as the stewards of our environment, diligently preventing pollution’s harmful impacts on the ecosystem and human health. The delicate balance between economic growth and environmental preservation depends on their abilities and duties. These regulatory organisations will become more and more critical as we continue to tackle ecological difficulties in a world that is constantly changing to protect the future of our planet.
