The Ministry of Environment, Forest and Climate Change on July 19th,2024 notified the Draft Water (Prevention and Control of Pollution) (Amendment)Rules 2024 to amend the Water (Prevention and Control of Pollution Rules 1975) and is open for public comments for 60 days from the date of publication in the Gazette of India.
Key Changes Proposed:
- New Definitions: Adjudicating Officer: An officer appointed to oversee compliance with the water pollution laws. Presenting Officer: Officers authorized to take action against non-compliance and present cases to the Adjudicating Officer.
- Adjudicating Officers: State Environment Secretaries or other nominated senior officers will serve as Adjudicating Officers. The Central Government can also appoint Adjudicating Officers at the central and state levels.
- Role of Presenting Officers: Presenting Officers will gather evidence of non-compliance and present these cases to the Adjudicating Officer for action.
- Inquiry Process: The Adjudicating Officer must issue a notice to the accused within 30 days of receiving a case. The accused can respond or present their defense, and the Adjudicating Officer will conduct an inquiry. Orders must be given within three months, extendable by another three months if necessary.
- Transfer of Cases: If a case is filed with the wrong Presenting Officer, it will be transferred to the correct one within 15 days. Adjudicating Officers can transfer cases to other officers if needed.
- Notices: Notices to the accused can be sent by registered post, email, or affixed to the premises if other methods fail.
- Penalties and Appeals: The Adjudicating Officer will consider various factors when determining penalties. Appeals against the orders can be made to the National Green Tribunal. Penalties will be credited to the Environment Protection Fund.
- Penalties for Non-Payment: Failure to pay penalties can result in imprisonment or additional fines. The concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) will initiate legal action if penalties are not paid
- New Forms: Introduction of new forms for lodging non-compliance, issuing notices, making orders, and transferring non-compliance cases.
Public Consultation:
Objection or suggestion on the proposals contained in the draft notification can be done through:
Post: To the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, JorBagh Road, Aliganj, New Delhi-110003
Email address: mishra.vp@gov.in
diriapolicy-moefcc@nic.in
Deadline: September 17th 2024.
