Judicial Directions for Industrial Pollution Control: Compliance, Treatment Plants, Monitoring

The court issued comprehensive directions in a writ petition regarding the operation of industries with functional effluent treatment plants, prioritization and implementation of common and sewage treatment plants, and establishment of monitoring and financial mechanisms to address pollution control systematically. The court emphasized the importance of compliance with prescribed norms, timely setup of treatment plants, and online real-time monitoring systems to ensure environmental protection.

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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.

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