Water Cess

8/10/2019 Water Cess

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WATER [PREVENTION & CONTROL OFPOLLUTION] ACT,1974 & RULES,1975. &

CESS ACT, 1977 & RULES, 1978.

S.S.MANKAR

SAFETY CONSULTANTEX.SAFETY MANAGER [HOC LTD.]


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ENVIRONMENTAL POLLUTION

POLLUTION MAY BE DEFINED AS AN UNDESIRABLE CHANGE IN THE PHYSICAL, CHEMICAL OR BIOLOGICALCHARACTERISTICSOF AIR, LAND & WATER CAUSING HARMFUL EFFECTS ON HUMAN LIFE OR OTHER DESIRABLE SPECIES &CULTURAL ASSETS .


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ENVIRONMENTAL POLLUTION

Pollution of Environmentis,

one of the mostdetrimental ecologicalcrises,that we are subjectedtoday.


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Water (Prevention & Control of Pollution) Act,1974.

An Act to provide for the prevention & control ofwater pollution &maintaining or restoring of wholesomeness of water,for the establishment,with a view to carrying out of the purposesaforesaid, of Boards - for the prevention & control of water pollution,- for conferring on & assigning to such Boards

powers & functions relating thereto & formatters connected therewith.


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DEFINITIONS

Outlet includesany conduit pipe or channel (open or closed)carrying sewage or trade effluent orany other holding arrangement

which causes or is likely to cause, pollution.Trade effluent includesany liquid, gaseous or solid substancewhich is discharged from any premises used forcarrying on any industry operation or process ortreatment & disposal system,other than domestic sewage.


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DEFINITIONS

Pollution means- such contamination of water or- such alteration of the physical, chemical or

biological properties of water or- such discharge of any sewage or trade effluent or

of any other liquid, gaseous or solid substance into water (whether directly or indirectly)

as may or is likely,- to create nuisance or render such water harmful or

injurious to public health or safety, or- to domestic, commercial, industrial, agricultural orother legitimate uses, or

- to the life & health of animals or plants or of aquaticorganisms.


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Sec.3 &4 : Constitution of CPCB & SPCB.

Sec.3 : Central Government shall constitute aCentral Board, for the prevention & control of waterpollution to exercise the power conferred on & toperform the functions assigned under this Act.

Sec.4 : The State Government shall constitute aState Board, to exercise the power conferred on & toperform the functions assigned under this Act.


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Sec. 16 : Functions of CPCB.

Advise Central Govt. on any matter concerning,- the improvement of the quality of water & the prevention,

control & abatement of water pollution plan &- execute a nation-wide programme for the prevention,

control & abatement of water pollution plan &

- provide technical assistance & guidance to SPCB. Plan & organize training of persons engaged in programme for

prevention, control & abatement of water pollution.

Lay down, modify in consultation with SPCB the Standards forthe quality of water, stream or well.

Collect, compile & publish technical & statistical data relatingto water pollution & the measures devised for its effectiveprevention, control & abatement .


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Sec. 17 : Functions of SPCB.

Advise State Govt. on any matter concerning the prevention,control & abatement of water pollution.

Inspect any control equipment, industrial plant ormanufacturing process & to take necessary steps forprevention, control & abatement of water pollution.

Inspect sewage or trade effluent, works & plants for thetreatment of sewage or trade effluent & review plans,specifications or other data.

Lay down, modify standards for sewage or trade effluent inconsultation with CPCB.

Evolve economical & reliable methods of treatment , utilizationin agriculture & disposal for sewage or trade effluent. Perform other functions entrusted by CPCB & State Govt.


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Sec. 18 & 19

Sec.18 : Power to give directions.- CPCB shall be bound by such

directions in writing as the Central Govt. may give.

- SPCB shall be bound by such directions in writing asthe CPCB & State Govt. may give.

Sec.19 : Power of State Govt. to restrict the Application of theAct.

- State Govt. may restrict the application of this Act tosuch areas as may be declared as water pollutionprevention & control areas [WPCA].


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Sec.20.

Sec. 20 : Power to obtain information.for the purpose of enabling a SPCB to perform the functionsconferred on it by or under this Act,

the SPCB or any officer empowered by it in that behalf,

- may make surveys of any area & gauge &keep records of the flow or volume & other characteristicsof any stream or well in such area, &

- may take steps for the measurement & recording of therain fall in such area &for the installation & maintenance for those purposes ofgauges or other apparatus &works connected therewith & carry out stream surveys.


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Sec. 21, 22 & 23.

Sec.21 : Power to take samples of effluent.

Sec.22 : Power of entry & inspection.

Sec.23 : Prohibition on use of stream or well fordisposal of polluting matters etc..No person shall knowingly cause or permit any

poisonous, noxious or polluting matter determinedin accordance with such standards as may be laiddown by the SPCB to enter into any stream or well orsewer or land.


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Water (Prevention & Control of Pollution)Act, 1974.

Sec.25 & 26 :Consent to use& discharge ofwater.(valid up toexpiry)

Application At thetime of obtainingConsent to establish,to operate anindustry, operations& processes & for

renewal

ToSPCB


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CONDITIONS FOR WATER CONSENTUNDER WATER ACT .

1. The daily quantity of trade effluent from the factoryshall not exceed, the specified in consent.

2. The daily quantity of sewage effluent from thefactory shall not exceed, the specified in consent.

3. Trade Effluent: Treatment The applicant shall provide

comprehensive treatment system consisting ofprimary/ secondary & or tertiary treatment as iswarranted with reference to influent quality &operate & maintain the same continuously so as toachieve the quality of the treated effluent to thespecified standards.


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The standards pertaining to following,1. pH

2. Suspended Solids3. BOD 3 days 27 0C4. COD

5. Oil & Grease


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Disposal- The treated trade effluent shall bereused for gardening/ irrigation in theplant premises.

4.Sewage effluent :treatment - The applicant shall providecomprehensive treatment system consistingof primary/ secondary & or tertiary treatmentas is warranted with reference to influent

quality & operate & maintain the samecontinuously so as to achieve the quality ofthe treated effluent to the specifiedstandards.


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Disposal- The treated sewage effluentshall be used on land for gardening /irrigation.

5. The industry should monitor effluentquality regularly.

6. The applicant shall comply with theprovisions of the Water CESSAct,1977 & Rules thereunder.


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WATER (P&C OF POLLUTION) CESS ACT, 1977

An Ac t to p rov ide fo r the l evy & co l lec t ion o fCESS on w ater con sum ed b y pe rson scar ry ing on ce r tain indu s t r i es & by loca l

au tho r i t ies to con t ro l o f w ater po l lu t ionco ns t i tu ted un der the Water (prevent ion &co nt ro l o f po l lu t ion) Ac t .Local Authority means a municipal corporation or a

municipal council.Industry includes any operation or process, ortreatment and disposal system, effluent or tradeeffluent, but does not include any hydal power unit.


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WATER (P&C OF POLLUTION) CESS ACT, 1977Sec. 4 Affixing of meters.

1. For the purpose of measuring &recording the quantity of waterconsumed, every person carrying on

any industry &every local authorityshall affix meters of such standards &at such places as may be prescribed &it shall be presumed that the quantityindicated by the meter has beenconsumed, as the case may be, untilthe contrary is proved. process


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WATER (P&C OF POLLUTION) CESS ACT, 1977Sec.5 Furnishing of returns.

1. Every person carrying on any industry &every local authority,liable to pay the CESS under section 3,

shall furnish such returns,in such form,at such intervals &containing such particulars,to such officer or authority,as may be prescribed.


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WATER (P&C OF POLLUTION) CESS ACT, 1977Sec.5 Rebate.

Where any person or local authority, liable to payCESS under this Act, installs any plant for thetreatment of sewage or trade effluent, such personlocal authority shall from such date as may beprescribed, be entitled to rebate of 25% of the

CESS payable him,Provided that the person or local authority shall not beentitled to a rebate if he or it-

a) Consumes water in excess of the maximum quantityas may be prescribed or

b) Fails to comply with any of the provisions of section25 of Water( P & C of P) Act,1974 or any of thestandard laid down by Central Govt. underEnvironment (Protection) Act, 1986.


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WATER (P&C OF POLLUTION) CESS ACT, 1977(Section 3) - SCHEDULE II

Purpose for which water is consumed Max. rateunder sub-section (2).(paise / KL)

Max. rateunder sub-section (2.A).(paise / KL)

1.Industrial cooling, spraying in mine pits or boiler feeds, 5 10

2.Domestic Purpose, 2 3

3.Processing whereby water gets polluted & the pollutants area) Easily biodegradable ,b) Non-toxicc) Both non-toxic & not easily biodegradable

10 20

4.Processing whereby water gets polluted & the pollutants area) not easily biodegradableb) Toxic orc) Both toxic & not easily biodegradable

15 30


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WATER (P&C OF POLLUTION) CESSACT, 1977

Sec.3 :Levy &collectionof CESS

The CESS shallbe payable byevery personcarrying on anIndustry & byevery local

authority.(valid up toexpiry)

To SPCB.( * Thepurpose ofwaterconsumption& the rate ofCESS referSch.2 )


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WATER (P&C OF POLLUTION) CESS RULES,1978.

4. Furnishing of returns.1) Every consumer shall furnish on or before

the 5 th of every calendar month, to

assessing authority, a return in FORM Ishowing the quantity of water consumed inthe previous month.

2) If the consumer fails to submit the return,

the assessing authority or the officerauthorized in this regard shall issue anotice in FORM I-A.


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WATER (P&C OF POLLUTION) CESSRULES, 1978.

6. Rebate.Where a consumer installs any plant for the treatment of sewage

or trade effluent, such consumer shall be entitled to the rebateunder section 7A from the expiry of 15 days from the date onwhich such plant is successfully commissioned & so long as itfunctions.

Provided that the consumer shall not be entitled to the rebate ifhe;

a) Consumes water excess of the max. quantity specified incolumn (3) of the First schedule for the category of industriesin the corresponding entry in column (2) relating to theindustry given in column (1) thereto or

b) Fails to comply with any of the provisions of section 25 ofWater( P & P of C) Act,1974 or any of the standards laid downby Central Govt.


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WATER (P&C OF POLLUTION) CESS RULES, 1978.FIRST SCHEDULE

Name of the Industry Category Maximum quantity ofwater

Chemical a. Caustic sodai) Mercury cell

process

i) Membraneprocess

i) 5 cubic meters pertonne of caustic sodaproduced (excludingcooling water)ii) 5 cubic meters pertonne of caustic sodaproduced (includingcooling water)

Textile a. Man made fiberi) Nylon & polyester

170 cubic meters pertonne of fiberproduced


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COMPLIANCE OF RULE 4.

Furnishing returns inFORM 1 to assessingauthority, showingthe quantity of waterconsumed in theprevious month.

Onor

before5th ofeverycalendarmonth.

T0SPCB.


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BABJI CHOUDHARY

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Water Cess