Power and functions of State Pollution Control Board

 Functions of State Board. 

Section 17 lays down that subject to the provisions of this Act, the functions of a State Board shall be-

(1) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof;

(2) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution;

(3) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof;

(4) to encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution;

(5) to collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organize mass education programmes relating thereto;

(6) to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act;

(7) to lay down, modify or annual effluent standards for the sewage and trade effluents and for the quality of receiving waters resulting from the discharge of effluents and to classify waters of the State;

8) to evolve economical and reliable methods of treatment of

sewage and trade effluents, having regard to the peculiar

conditions of soils, climate and water resources of different regions;

(9) to evolve methods of utilization of sewage and suitable trade effluents in agriculture;

(10) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year, the minimum degree of dilution;

(11) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the streams after the discharge of such effluents;

(12) to make, vary or revoke any order:

(a) for the prevention, control or abatement of discharges of waste into streams or wells;

(b) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution;

(13) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annual effluent standards for the sewage and trade effluents;

(14) to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well;

(15) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

Moreover, a State Board may take certain emergency measures if it determines that an accident or other unforeseen event has polluted a stream or well.

-------

Power of Board to take Sample. 

Section 21 provides:

(1) A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well.

(2) The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with.

(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample shall-

(a) serve on the person in charge of, on having control over the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed;

(b) in the presence of the occupier or his agent, divide the sample into two parts;

(c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;

(d) send one container forthwith:

d(i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognized by the Central Board under Section 16; and

d(ii) in any other case, to the laboratory established or recognized by the State Board under Section 17;

(e) on the request of the occupier or his agent, send a second container:

e(i) in a case where such sample is taken from any area situated in Union territory, to the laboratory established or specified under sub-section (1) of Section 51; and

e(ii) in any other case, to the laboratory established or specified under sub section (1) of Section 52