MoEF Streamlines the Process for Water Pollution Violations

Water Pollution Rules 2024 and MoEF Compliance

On 11^th November 2024, the Ministry of Environment, Forest and Climate Change (“MoEF”) notified the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 (“Rules”) under the ambit of Water (Prevention and Control of Pollution) Act, 1974 (“Act”), to establish a systematic approach for conducting inquiries into water pollution violations w.e.f. 11^th November 2024.

Key Highlights of Water Pollution Rules 2024

Authority to File Complaints on Water Pollution Violations

Central Pollution Control Board (CPCB), State Pollution Control Boards (“SPCB”), Pollution Control Committees and Integrated Regional Offices of MoEF in their respective jurisdictions, through their authorized Officers may file a complaint in Form-I through electronic means or speed post or by hand regarding any contravention committed under sections 41, 41A, 42, 43, 44, 45A and 48 of the Act.

Filing Form-I for Reporting Water Pollution Contraventions

The complaint in Form- I can be in respect of the following:

• In the event that any individual abstracts water from a stream or well in quantities that are significant relative to the stream or well flow or volume, or discharges sewage or trade effluent into such stream or well, and fails to provide such information when requested by the SPCB;
• Where the SPCB reasonably believes that a stream or well is contaminated with poisonous, noxious, or polluting substances, or has been affected by an accident or other unforeseen event resulting in pollution, the SPCB is empowered to take immediate remedial actions. Additionally, the SPCB may seek judicial intervention through applications to the competent courts to restrain or prevent the anticipated pollution of water resources in the affected stream or well;
• CPCB may issue directions to any person, officer, or authority to ensure compliance with regulatory mandates, including but not limited to the closure, prohibition, or regulation of any industrial activity, process, or operation. This may extend to the regulation or cessation of the supply of electricity or water to such activities;
• Any individual who discharges polluting substances into a stream or well without authorization or in violation of environmental standards is subject to penalties;
• In cases where there is non-compliance with the environmental provisions by any department or agency of the Central or State Government, such contravention shall also be subject to the applicable regulatory measures.

Inquiry Procedure for Water Pollution Violations

• The adjudicating officer will issue a notice in Form-II within 30 (thirty) days from the date of receipt of the complaint.
• Every notice needs to indicate the nature of contravention that has been alleged to have been committed.
• After considering the show cause notice, if the adjudicating officer is of the opinion that the inquiry should be held, then the notice of appearance will be issued.
• The proceedings should be completed within 6 (six) months from the issuance of notice to the opposite party.

Penalties and Environment Protection Fund for Violations

All sums realized by way of penalties under these rules shall be credited to the Environment Protection Fund established under section 16 of the Act.

Source and Official Notification

Ministry of Environment, Forest and Climate Change, notification dated 11^th November 2024. The official notification can be accessed at below link:

Official MoEF Notification on Water Pollution Rules 2024