Waste Management – SWM Rules, EWM Rules, etc

Pollution Control can levy Environmental Damages: SC

Why in the News?

In a landmark ruling, the Supreme Court has empowered Pollution Control Boards (PCBs) across India with the authority to impose and collect restitutionary and compensatory damages under the Water and Air Acts.

Key Highlights of Supreme Court Ruling:

  • Key Powers Granted:
    • Impose and collect restitutionary and compensatory damages.
    • Demand bank guarantees in anticipation of environmental harm.
  • Legal Basis:
    • Section 33A, Water Act, 1974: Power to issue directions for closure/regulation of industries and stoppage of utilities to enforce water pollution norms.
    • Section 31A, Air Act, 1981: Similar binding powers to control air pollution; non-compliance is a legal violation.

About Central Pollution Control Board (CPCB):

  • Established: September 1974 under the Water (Prevention and Control of Pollution) Act, 1974; Also empowered under Air (Prevention and Control of Pollution) Act, 1981.
  • Role: Statutory technical body to promote clean air and water; provides services under the Environment (Protection) Act, 1986.
  • Key Functions:
    • Control and abate water and air pollution; promote stream and well cleanliness.
    • Advise the Central Government on pollution-related issues.
    • Coordinate with and assist State Pollution Control Boards (SPCBs); resolve disputes.
    • Monitor pollution in Union Territories via delegated powers under Water, Air, and Water Cess Acts.
  • Develops and revises:
    • National Ambient Air Quality Standards.
    • Water Quality Criteria from various sources.
    • Emission/Discharge Standards under Environment Protection Rules, 1986.
    • Bio-Medical Waste Incineration Norms.
    • Noise/Emission Limits for diesel, LPG, and CNG generators.
  • Minimal National Standards (MINAS) Issuance:
    • Covers effluent, emission, noise, and solid waste across industries.
    • Mandatory for State adoption as baseline standards.
    • Publishes COINDS (Comprehensive Industry Documents), manuals, and codes for pollution treatment and control systems.

About State Pollution Control Boards (SPCBs):

  • Constitution: Formed by State Governments under the Water and Air Acts.
  • Functions:
    • Monitor and control local pollution.
    • Inspect industries and enforce compliance.
    • Advise state governments.
    • Conduct awareness campaigns.
    • Implement control programmes and collaborate with CPCB and local bodies.
[UPSC 2018] How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)?

1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government.

2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells and aims to improve the quality of air in the country.

Which of the statements given above is/are correct?

Options: (a) 1 only (b) 2 only * (c) Both 1 and 2 (d) Neither 1 nor 2

 

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