The National Green Tribunal (NGT) has issued directives to the Haryana State Pollution Control Board (HSPCB) and the Central Pollution Control Board (CPCB), as highlighted in recent news. The decision strives to bolster the board’s capabilities, as well as establish uniform recruitment criteria, to enhance adherence to environmental regulations. This development followed the Supreme Court’s attention in January 2021 on untreated sewage pollution in Haryana’s water bodies.
The Background and the Plea
A case was lodged with the NGT’s principal branch in 2018, calling for the revision of the existing monitoring mechanisms by the State Pollution Control Boards (SPCBs). This plea incorporated mandatory inspections at regular intervals of highly polluting industries and an auto-renewal policy for Consent to Operate (CTO) certificates under the Water Act (1974) and the Air Act (1981).
The plea also alluded to prior reports from the Central Ground Water Board (CGWB). These reports revealed the declining quality of groundwater in Haryana. India’s Comptroller and Auditor General (CAG) documented several projects operating without valid consent or CTO certificates in its 2016 report, indicating the inefficiency of the monitoring mechanisms.
Actions by the NGT and Haryana’s Proposal
Following the plea, the NGT instructed the Haryana government to reevaluate its inspection policies to enhance law enforcement. Subsequently, the Haryana government proposed a revised policy. The new strategy recommended more frequent inspections, the installation of online monitoring devices for real-time data, and document pre-verification before issuance of renewals.
Subsequent Directives
The NGT ordered frequent inspections, SPCBs/Pollution Control Committees (PCCs) capacity enhancement with consent funds, and CPCB capacity amplification utilizing environment compensation funds. They also requested annual performance audits of state PCBs/PCCs and standard recruitment rule formations by the CPCB.
Significance of the Judgement
SPCB’s powers have been compromised due to the pursuit of ‘ease of doing business.’ However, the latest NGT ruling provides a fresh impetus towards empowering CPCB/SPCBs/PCCs. This judgment is pivotal as it removes hurdles that hinder environmental regulation enforcement.
The critical aspect of this decision involves the standardization of recruitment rules applicable across all states, as proposed by the CPCB. Existing SPCBs recruitment regulations have remained unchanged for several decades.
About CPCB and SPCB
The CPCB, established in September 1974 under the Water Act, also holds responsibilities under the Air Act of 1981. The organization offers technical services to the Ministry of Environment and Forests and Climate Change as per the Environment (Protection) Act, 1986’s provisions. On the other hand, SPCB’s assist the CPCB in implementing Environmental Laws and regulations within a state’s jurisdiction.
Concept of Environment Compensation
Environment compensation refers to a policy mechanism designed to protect the environment, operating on the ‘Polluter Pays Principle.’ The Environment Compensation Fund is a specialized fund collected by imposing charges on environmental violations such as illegal discharges into water bodies.
Last Modified: February 11, 2024