Should local bodies obtain consent order from the pollution control board under section 25 of The Water (Prevention and Control of Pollution) Act 1974, to construct / alter and operate a public drainage system ?
Section 25 of The Water (Prevention and Control of Pollution) Act 1974
25. Restrictions on new outlets and new discharges
(1) Subject to the provisions of this Section, no person shall, without the previous consent of the State
Board,--
(a) establish or take any steps to establish any industry, operation or process, or any treatment and
disposal system or an extension or addition thereto, which is likely to discharge sewage or trade
effluent into a stream or well or sewer or on land (such discharge being hereafter in this Section
referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge of sewage; or
(c) begin to make any new discharge of sewage;
Provided that a person in the process of taking any steps to establish any industry, operation or
process immediately before the commencement of the Water (Prevention and Control of Pollution)
Amendment Act, 1988, for which no consent was necessary prior to such commencement or, if he
has made an application for such consent, within the said period of three months, till the disposal of
such application.
(2) An application for consent of the State Board under sub-Section (1) shall be made in such form, contain
such particulars and shall be accompanied by such fees as may be prescribed.
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-Section (1) and in making any such inquiry shall follow such procedure as may be
prescribed.
(4) The State Board may --
(a) grant its consent referred to in sub-Section (1), subject to such conditions as it may impose,
being--
(i) in cases referred to in clauses (a) and (b) of sub-Section (1) of Section 25, conditions as to
the point of discharge of sewage or as to the use of that outlet or any other outlet for
discharge of sewage;
(ii) in the case of a new discharge, conditions as to the nature and composition, temperature,
volume or rate of discharge of the effluent from the land or premises from which the discharge
or new discharge is to be made; and
(iii) that the consent will be valid only for such period as may be specified in the order, and any
such conditions imposed shall be binding on any person establishing or taking any steps to
establish any industry, operation or process, or treatment and disposal system or extension
or addition thereto, or using the new or altered outlet, or discharging the effluent from the
land
or premises aforesaid; or
(b) refuse such consent for reasons to be recorded in writing.
(5) Where, without the consent of the State Board, any industry operation or process, or any treatment and
disposal system or any extension or addition thereto, is established, or any steps for such establishment
have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new
discharge of sewage is made, the State Board may serve on the person who has established or taken
steps to establish any industry, operation or process, or any treatment and disposal system or any
extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice
imposing any such conditions as it might have imposed on an application for its consent in respect of
such establishment, such outlet or discharge.
(6) Every State Board shall maintain a register containing particulars or conditions imposed under this
Section and so much of the register as relates to any outlet, or to any effluent, from any land or premises
shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet,
land or premises, as the case may be, or by any person authorised by him in this behalf and the
conditions so contained in such register shall be conclusive proof that the consent was granted subject
such conditions
(7) The consent referred to in sub-Section (1) shall, unless given or refused earlier, be deemed to have been
given unconditionally on the expiry of a period of four months of the making of an application in this behalf
complete in all respects to the State Board.
(8) For the purposes of this Section and Sections 27 and 30 --
(a) the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or
after the commencement of this Act or which (whether so constructed or not) is substantially
altered after such commencement;
(b) the expression "new discharge" means a discharge which is not, as respects the nature and
composition, temperature, volume, and rate of discharge of the effluent substantially a continuation
of a discharge made within the preceding twelve months (whether by the same or different outlet),
so however that a discharge which is in other respects a continuation of previous discharge made
as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the
temperature or volume or rate of discharge of the effluent as compared with the previous discharge.
