2017 (2) TMI 1476 - SC - Indian Laws

Seeking direction to the respondents to ensure, that no industry which requires consent to operate from the concerned Pollution Control Board, is permitted to function, unless it has a functional effluent treatment plant, which is capable to meet the prescribed norms for removing the pollutants from the effluent, before it is discharged - HELD THAT - The financial contribution of the Central Government is to the extent of 50 per cent, that of the concerned State Government (including the concerned Union Territory) is 25 per cent. The balance 25 per cent, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed, that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up common effluent treatment plants , according to learned counsel, is not only financial, but also, the requirement of land acquisition, for the same. Given the responsibility vested in Municipalities under Article 243W of the Constitution, as also, in item 6 of the 12th Schedule, wherein the aforesaid obligation, pointedly extends to public health, sanitation conservancy and solid waste management , we are of the view, that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the concerned municipalities (and/or local bodies), cannot be permitted to shy away, from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243X and 243Y of the Constitution. It will be open to the concerned municipalities(and/or local bodies), to evolve norms to recover funds, for the purpose of generating finances to install and run, all the common effluent treatment plants , within the purview of the provisions referred. The process of evolving the above norms, shall be supervised by the concerned State Government (Union Territory), through the Secretaries, Urban Development and Local Bodies respectively, (depending on the location of the respective common effluent treatment plant). The norms for generating funds, for setting up and/or operating the 'common effluent treatment plant' shall be finalized, on or before 31.03.2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the concerned State Governments (or the Union Territories), shall cater to the financial requirements, of running the common effluent treatment plants , which are presently dis-functional, from their own financial resources. The malady of sewer treatment, should also be dealt with simultaneously. We therefore hereby direct, that 'sewage treatment plants' shall also be set up and made functional, within the time lines and the format - mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We therefore hereby provide, that the directions pertaining to continuation of industrial activity only when there is in place a functional primary effluent treatment plants , and the setting up of functional common effluent treatment plants within the time lines, expressed above, shall be of the Member Secretaries of the concerned Pollution Control Boards. The Secretary of the Department of Environment, of the concerned State Government (and the concerned Union Territory), shall be answerable in case of default. The concerned Secretaries to the Government shall be responsible of monitoring the progress, and issuing necessary directions to the concerned Pollution Control Board, as may be required, for the implementation of the above directions. They shall be also responsible for collecting and maintaining records of data, in respect of the directions contained in this order. The said data shall be furnished to the Central Ground Water Authority, which shall evaluate the data, and shall furnish the same to the Bench of the jurisdictional National Green Tribunal. It would be in the interest of implementation of the objective sought to be achieved, to also require each concerned State(and each, concerned Union Territory) to make provision for online, real time, continuous monitoring system to display emission levels, in the public domain, on the portal of the concerned State Pollution Control Board. We are informed, that at least three State Governments have already adopted the aforesaid measures. Such measures shall be put in place by all the concerned State Governments( including, the concerned Union Territories), within six months from today - Petition disposed off.

Summary

Issues Involved:

1. Requirement of functional effluent treatment plants for industries.
2. Maintenance and inspection of effluent treatment plants.
3. Setting up and operation of common effluent treatment plants.
4. Financial and operational responsibility of municipalities for common effluent treatment plants.
5. Prioritization of cities, towns, and villages for effluent treatment.
6. Setting up and operation of sewage treatment plants.
7. Implementation and monitoring mechanisms.
8. Provision for online, real-time monitoring systems.

Issue-wise Detailed Analysis:

1. Requirement of Functional Effluent Treatment Plants for Industries:
The petitioners sought a mandamus directing respondents to ensure that no industry requiring "consent to operate" from Pollution Control Boards operates without a functional effluent treatment plant capable of meeting prescribed norms. The court emphasized that industries must have such plants before being granted "consent to operate."

2. Maintenance and Inspection of Effluent Treatment Plants:
The court directed State Pollution Control Boards to issue notices to industries to make their effluent treatment plants operational within three months. Post the notice period, inspections would verify compliance, and non-compliant units would face electricity disconnection until compliance is achieved.

3. Setting Up and Operation of Common Effluent Treatment Plants:
The court noted the financial structure for setting up common effluent treatment plants, with contributions from the Central Government (50%), State Governments (25%), and loans (25%). The court directed urgent implementation, expecting completion within three years, and emphasized acquiring additional land for potential future "zero liquid discharge plants."

4. Financial and Operational Responsibility of Municipalities:
Given the constitutional responsibilities under Article 243W and the 12th Schedule, the court placed the onus on municipalities to operate existing common effluent treatment plants. Municipalities were directed to generate funds through norms supervised by State Government Secretaries, with a deadline for finalizing these norms by 31.03.2017. If norms were not in place, State Governments were to fund operations.

5. Prioritization of Cities, Towns, and Villages for Effluent Treatment:
The court directed prioritization of areas discharging industrial pollutants and sewer directly into water bodies for setting up common effluent treatment plants.

6. Setting Up and Operation of Sewage Treatment Plants:
The court mandated that sewage treatment plants be set up and made functional within the same timelines and format as common effluent treatment plants.

7. Implementation and Monitoring Mechanisms:
The court assigned responsibility for implementation to Member Secretaries of Pollution Control Boards and Secretaries of Environment Departments. They were tasked with monitoring progress, issuing necessary directions, and maintaining data for evaluation by the Central Ground Water Authority and the National Green Tribunal.

8. Provision for Online, Real-time Monitoring Systems:
The court required States and Union Territories to implement online, real-time continuous monitoring systems to display emission levels publicly on Pollution Control Board portals within six months, noting that some States had already adopted such measures.

Conclusion:
The writ petition was disposed of with comprehensive directions to ensure industries operate with functional effluent treatment plants, prioritize and implement common and sewage treatment plants, and establish robust monitoring and financial mechanisms, thereby addressing pollution control systematically.