Water (PCP) (Manner of Holding Inquiry & Imposition of Penalty) Rules, 2024 notified

Notification No.:  G.S.R. 696(E)
 
Notification date: 11th November, 2024
 
Relevant Act/Rule: Water (Prevention and Control of Pollution) Act, 1974, Environment Protection Act,1986
 
The Central Government has notified the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 on 11th November, 2024, the key takeaways of which are as follows:
a) The Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions, through their authorized Officers, or any other persons, may file a complaint in Form-I through electronic means or speed post or by hand to the adjudicating officer regarding any contravention committed under sections 41, 41A, 42, 43, 44, 45A and 48 of the Act.
b) The complaint in Form-I may pertain to the following situations:
 
  1. When any person extracts water from a stream or well in quantities that are significant relative to the flow or volume of the water source, or discharges sewage or trade effluent into that stream or well, and the State Pollution Control Board (SPCB) requests disclosure of such information, but the person fails to comply.

  2. If the SPCB believes that a stream or well contains poisonous, noxious, or polluting substances, or that such substances have entered the water due to an accident or unforeseen event, the SPCB may take emergency actions and seek a court order to prevent further pollution of the water.

  3. The Central Pollution Control Board (CPCB) may direct any individual, officer, or authority to comply with certain measures, which could include the closure, prohibition, or regulation of any industry, process, or operation, as well as the stoppage or regulation of electricity or water supply.

  4. If a person disposes of pollutants into a stream or well.

  5. If a person establishes a new outlet for discharge or begins discharging waste into a stream or well without prior consent from the SPCB.

  6. If there is a violation of any provision by the Central or State Government departments.

c) On receipt of the compliant, the adjudicating officer shall within thirty days, issue a notice in Form-II to such person requiring him to show cause within such period as may be specified in the notice (being not less than fifteen days from the date of service thereof) why an inquiry should not be held against him.
 
d)  Every notice issued shall indicate the nature of contravention alleged to have been committed.
e) After issuing show cause notice, if the adjudicating officer is of the view that an inquiry should be held, then the notice of appearance will be issued
 
f) The proceedings are required to be completed as provided in these rules within 6 months from the issuance of notice to the opposite party
g) Transfer of complaint – If the adjudicating officer is of the view or it is made to appear that he does not have jurisdiction to entertain any complaint under these rules, he shall transfer the matter to the adjudicating officer concerned within fifteen days of the receipt of such complaint or information made to him after reasons to be recorded in writing.

h)  Extension of time.– The adjudicating officer may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such period as he considers reasonable.

i)  Every order under these rules, shall be dated, signed and communicated to all the parties.  All sums realised by way of penalties under these rules shall be credited to the Environment Protection Fund established under section 16 of the Act.

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