Overview of the Water Act, 1974
The Water (Prevention and Control of Pollution) Act, 1974 is one of India's foundational environmental statutes. It was enacted to prevent and control water pollution and to maintain or restore the wholesomeness of water bodies across the country. The Act established State Pollution Control Boards (SPCBs) — including the Maharashtra Pollution Control Board (MPCB) — to enforce its provisions at the state level.
For any industrial unit in Maharashtra that discharges effluents into water bodies or drainage systems, this Act is directly applicable and non-compliance carries significant legal consequences.
Key Provisions of the Act
Section 25 – Consent to Establish
No person shall, without the prior consent of the MPCB, establish or take any steps to establish any industry, operation, or process, or any treatment and disposal system which is likely to discharge sewage or trade effluent into a stream, well, sewer, or on land.
Section 26 – Consent to Operate
Similarly, no new or existing industry may begin or continue operations that discharge trade effluent without obtaining MPCB's Consent to Operate (CTO). This provision applies to both new units and existing industries from the date of the Act's commencement.
Section 27 – Grant of Consent
The Board may grant consent with conditions, grant it unconditionally, or refuse it. Conditions may specify the nature of effluent, treatment standards, monitoring frequency, and reporting obligations.
Section 33 – Emergency Powers
If MPCB believes that any discharge of polluting matter is taking place in violation of the Act, it can issue emergency directions to stop the discharge immediately without prior notice in situations of imminent danger to water bodies or public health.
Sections 41–44 – Penalties
Violations of the Water Act can attract imprisonment for up to 6 years and fines. For continuing violations, additional fines may be levied on a per-day basis after conviction.
What Constitutes "Trade Effluent"?
Under the Act, trade effluent means any liquid, gaseous, or solid substance discharged from any premises used for carrying on any industry, operation, or process — other than domestic sewage. This includes:
- Wastewater from manufacturing processes
- Cooling water with chemical residues
- Wash water from industrial equipment
- Leachate from industrial solid waste storage
MPCB's Role Under the Water Act
MPCB is empowered to:
- Grant, renew, or refuse consent applications for establishment and operation
- Inspect industrial premises and sampling of effluents
- Issue directions for installation of effluent treatment plants (ETPs)
- File complaints in court against defaulting industries
- Close down or seal polluting units
Effluent Discharge Standards in Maharashtra
Effluent standards under the Water Act are set by the CPCB and adopted by MPCB, often with state-specific modifications. Key parameters typically regulated include:
| Parameter | Inland Surface Water Limit | Land Disposal Limit |
|---|---|---|
| pH | 6.5 – 8.5 | 5.5 – 9.0 |
| BOD (5-day, 20°C) | 30 mg/L | 100 mg/L |
| Total Suspended Solids | 100 mg/L | 200 mg/L |
| Oil & Grease | 10 mg/L | 10 mg/L |
Note: Sector-specific standards may be stricter. Always refer to your MPCB consent conditions.
Compliance Checklist for Industries
- Obtain valid CTE and CTO from MPCB before construction and operations
- Install a properly designed Effluent Treatment Plant (ETP)
- Maintain effluent quality logs and sampling records
- Submit the Annual Environmental Statement (Form V) before September 30 each year
- Renew consent before expiry — late renewal attracts penalties
- Never bypass or shut down ETP during production hours
Amendments and Related Legislation
The Water Act has been amended several times. Key related legislation includes the Water (Prevention and Control of Pollution) Cess Act, 1977, which imposes a cess on water consumed by industries, incentivising water conservation and recycling.