The Water (Prevention and Control of Pollution) Act, 1974

What the Act governs

The Water (Prevention and Control of Pollution) Act, 1974 regulates pollution affecting streams, wells and other waters. It establishes the Central Pollution Control Board and State Pollution Control Boards, gives them regulatory and enforcement functions, and provides penalties and appeal procedures.

The Act initially applied to the listed States and Union territories. It also applies to another State when that State adopts it by a resolution under the Constitution. The supplied text does not state when Tamil Nadu adopted the Act.

Who may be affected

The Water (Prevention and Control of Pollution) Act, 1974 can affect an occupier of a factory or other premises, meaning the person controlling its affairs. It can also affect a person possessing a substance and premises used for an industry, operation, process, or treatment and disposal system.

Property buyers, owners and professionals should pay particular attention where premises have an outlet, sewer, sewage disposal arrangement, industrial activity, or an existing or proposed discharge. An outlet includes an open or closed pipe, channel, or holding arrangement that causes or is likely to cause pollution.

Key provisions

• Pollution includes contamination or changes to the physical, chemical or biological properties of water that may create a nuisance or harm public health, legitimate water uses, animals, plants or aquatic organisms.
• A stream includes rivers, flowing or dry watercourses, natural or artificial inland waters, subterranean waters, and specified sea or tidal waters.
• The Act prohibits using a stream or well to dispose of polluting matter.
• It restricts new outlets and new discharges and separately addresses existing sewage or trade effluent discharges.
• State Pollution Control Boards may obtain information, take effluent samples, enter and inspect premises, refuse or withdraw consent, carry out certain works, and take emergency measures.
• Boards may issue directions and may apply to courts to restrain expected pollution of streams or wells.
• Appeals and revision are available in matters covered by the Act, including an appeal to the National Green Tribunal in the stated category.
• The Act provides penalties, adjudication, publication of offenders' names, and consequences for failure to comply with discharge requirements or pay a penalty.
• Local authorities must assist, and land may be compulsorily acquired for a State Pollution Control Board.