Pollution Control Boards

Why in news:

Supreme Court gave Pollution Control Boards more teeth by declaring their power to impose and collect restitutionary damages to completely restore polluted air and waterbodies back to their original, pristine selves in an ecosystem. 

UPSC CSE UPSC CSE Relevance:

UPSC CSE in prelims examination has focused on different boards, bodies and authorities related to environment(NGT, CPCB, NTCA etc.). A case in point is a following PYQ.

UPSC Prelims PYQ 2018:

Q: 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?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Supreme Court’s Recent Ruling:

• Pollution Control Boards can impose and collect as restitutionary and compensatory damages fixed sums of monies or require furnishing bank guarantees as an ex-ante measure towards potential environmental damage in exercise of powers under Sections 33A and 31A of the Water and Air Acts.
• The provisions under these statutes bestowed the Boards with the power to direct closure, prohibition or regulation of any industry, operation or process. Further, this power extended to directing the stoppage or regulation of supply of electricity, water or any other service. 
• The court also ruled that this power should be enforced only after issuing the necessary subordinate legislation in the form of rules and regulations under both statutes. The rules must incorporate the basic principles of natural justice.
• The court quoted the ‘polluter pays’ principle.
• The judgment came on an appeal filed by the Delhi Pollution Control Committee against a Delhi High Court decision that it was not empowered to levy compensatory damages in exercise of powers under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981.

Pollution Control Boards:

The Central Pollution Control Board (CPCB) is a statutory organization in India responsible for preventing, controlling, and abating environmental pollution.

Establishment and Legal Framework:

• Established: The CPCB was constituted in September 1974.
• Governing Acts: It was initially established under the Water (Prevention and Control of Pollution) Act, 1974. Hence, a statutory body.
• Additional Responsibilities: The CPCB was later entrusted with powers and functions under the Air (Prevention and Control of Pollution) Act, 1981. It also provides technical services to the Ministry of Environment, Forest and Climate Change (MoEF&CC) for implementing the provisions of the Environment (Protection) Act, 1986.

Key Functions and Responsibilities:

• National-level Role: The CPCB advises the Central Government on matters related to water and air pollution and works to improve air quality.
• Inter-agency Coordination: It coordinates the activities of State Pollution Control Boards (SPCBs) and resolves disputes among them.
• Technical Guidance: It provides technical assistance and guidance to SPCBs, sponsors research, and plans nationwide programs for pollution prevention and control.
• Data and Standards: The CPCB collects, compiles, and publishes technical data on pollution. It also lays down standards for water quality and air quality in consultation with state governments.
• Public Awareness: It organizes mass media campaigns to raise public awareness about pollution control.
• Monitoring: The CPCB is responsible for monitoring air and water quality across the country through various programs like the National Air Quality Monitoring Programme (NAMP) and the National Water Quality Monitoring Programme (NWMP).
• Waste Management: It plays a significant role in managing various types of waste, including municipal solid waste, biomedical waste, and e-waste.

Organizational Structure:

• Headquarters: The head office of the CPCB is located in New Delhi.
• Leadership: It is headed by a Chairman and supported by a Member Secretary and other members.
• Regional Offices: The CPCB operates through several regional directorates located in different parts of the country.

At State level there are State Pollution Control Boards that follow the directives of both CPCB and State Govt.