Enviornment Law

(1)

Acid rain

Acid rain is rainfall that has been acidified.

Rain is acidified by oxides of sulfur and nitrogen. Acid

rain usually has a pH of less than 5.6. Acid

rain usually has a pH of less than 5.6. Acid rain is

rain is

formed when pollutants called oxides of sulfur and

nitrogen, contained in power plant smoke, factory

smoke, and car exhaust, react

smoke, and car exhaust, react with the moisture in

with the moisture in

the atmosphere. Dry deposition, such as soot and

ash, sleet, hail, snow, smog and low level ozone are

forms that acid rain can

forms that acid rain can take, despite its name

take, despite its name

.. Causes

Causes

Acid rain can be caused by many things.

Industrial emissions from factories and power plants

that burn fuels such as natural gas,

that burn fuels such as natural gas, coal or oil, emit

coal or oil, emit

smoke that gives off oxides of sulfur and nitrogen is

one cause. Another cause is vehicles (e.g. cars, buses)

that burn gasoline and diesel. The exhaust emitted by

burning these fuels contains sulfur dioxide,

burning these fuels contains sulfur dioxide, an oxide

an oxide

of sulfur. Also, vehicles that have gas engines will

produce oxides of nitrogen, another cause of acid

rain. One other cause is home fires giving off smoke

that contains sulfur dioxide. Some fairly minor causes

are natural causes which are volcanoes, swamps and

rotting plants giving off sulfur dioxide. Natural causes

only account for 10% of

only account for 10% of the pollution causing acid

the pollution causing acid

rain.

Effects and ProblemsEffects and Problems

There are many problems

and effects caused by acid rain. Acid rain can

and effects caused by acid rain. Acid rain can cause

cause

buildings, statues and bridges to

buildings, statues and bridges to deteriorate faster

deteriorate faster

than usual. Another problem is it harms thousands of

lakes, rivers, and streams worldwide. It disrupts lake

ecosystems and kill wildlife in affected lakes,

ecosystems and kill wildlife in affected lakes, rivers

rivers

and streams. Acid rain also damages soil and the tree

roots in it. When soil is acidified, tree roots are

damaged, leaving them not able to draw in enough

nutrients to support the tree. When acid rain falls on

trees, it makes their leaves turn brownish-yellow and

the tree can no longer carry

the tree can no longer carry out photosynthesis

out photosynthesis

properly. Another problem is it will harm people

when they breathe in smog, acid rain in one of i

when they breathe in smog, acid rain in one of i ts

ts

many forms. Acid rain can also harm

many forms. Acid rain can also harm people

people

indirectly. This happens when people eat fish c

indirectly. This happens when people eat fish c aught

aught

in affected lakes or rivers. Also, if the water source is

acidic enough, it will react with copper

acidic enough, it will react with copper or lead pipes

or lead pipes

to harm humans. It also washes aluminum into the

water supply. Birds can be harmed if they live in

affected waters or feed on fish living in affected

waters.

Possible Solutions

Possible Solutions There are many possible solutions to the acid rain problem.There are many possible solutions to the acid rain problem. One is to use fuels that burn more cleanly. Another solution is to burn coal more One is to use fuels that burn more cleanly. Another solution is to burn coal more efficiently. Power plant and factory chimneys can be fitted with scrubbers that efficiently. Power plant and factory chimneys can be fitted with scrubbers that release 90-95% sulfur free smoke and also produces sludge from which gypsum, release 90-95% sulfur free smoke and also produces sludge from which gypsum, a building material, can be produced. This problem can also be solved by a building material, can be produced. This problem can also be solved by enforcing tight emission standards on vehicles that burn gas and diesel. One enforcing tight emission standards on vehicles that burn gas and diesel. One other solution is fitting devices such as a catalytic converter into car exhaust other solution is fitting devices such as a catalytic converter into car exhaust pipes to minimize the amount of sulfur dioxide in car exhaust.

pipes to minimize the amount of sulfur dioxide in car exhaust.

EPA-1986

Need for Environmental Protection Law

Need for Environmental Protection Law Although there were the existing lawsAlthough there were the existing laws dealing directly with several environmental matters, which were focus on specific dealing directly with several environmental matters, which were focus on specific types of pollutions or on specific categories. There were also existed uncovered types of pollutions or on specific categories. There were also existed uncovered gaps in areas of major environmental hazards. There are inadequate linkages in gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new guard against slow, insidious build up of hazardous substances, especially new chemicals in the environment are weak. It was necessary to have the general chemicals in the environment are weak. It was necessary to have the general legislation for environmental protection.

legislation for environmental protection. Emergence of

ACT-Emergence of ACT- A-Growing risks of environmental accidents and threat to lifeA-Growing risks of environmental accidents and threat to life support system. Environmental risks took place in

support system. Environmental risks took place in at the UN conference at at the UN conference at Stockholm in June 1972.

Stockholm in June 1972. The Government of India participated in the conferenceThe Government of India participated in the conference and strongly voiced the environmental concerns. It was further considered and strongly voiced the environmental concerns. It was further considered necessary to implement the decisions af

necessary to implement the decisions af oresaid and –The Environment (Protection)oresaid and –The Environment (Protection) Act 1986 came into existence.

Act 1986 came into existence. Preamble-Preamble- Its preamble makes it clear that the EPAIts preamble makes it clear that the EPA 1986 has the following

objective-1986 has the following objective- Protection of Environment.Improvement of Protection of Environment.Improvement of Environment.

Environment.Prevention of Prevention of hazards-hazards-to human beings and other living creaturesto human beings and other living creatures including plant and property.

including plant and property. InIn ND Jayal v/s UOI-ND Jayal v/s UOI- court held that court held that to ensureto ensure sustainable development is one of the goals of EPA 1986 and it is quite sustainable development is one of the goals of EPA 1986 and it is quite necessary to guarantee right to life under Art 21. If the act is not armed with necessary to guarantee right to life under Art 21. If the act is not armed with the powers to ensure sustainable development, it will become the barren the powers to ensure sustainable development, it will become the barren shall.

shall.

Define Offences of Companies under EPA1986.(2007)S(10). Company Define Offences of Companies under EPA1986.(2007)S(10). Company- a/c to- a/c to section 16- company means anybody corporate, and includes a firm or other section 16- company means anybody corporate, and includes a firm or other association of individuals and director in relation to a firm, and partner in a association of individuals and director in relation to a firm, and partner in a firm.

firm. Where any offence under this act has been committed by a company, everyWhere any offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilt of the offence and shall be liable to well as the company, shall be deemed to be guilt of the offence and shall be liable to be proceeded against and punished accordingly.

be proceeded against and punished accordingly. The any such person liable to anyThe any such person liable to any punishment provided in this Act , if he proves that the offence was committed punishment provided in this Act , if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

commission of such offence. Were an offence under this Act has been committed byWere an offence under this Act has been committed by a company and it is proved that the offence has been committed by a company and a company and it is proved that the offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manger, secretary or is attributable to any neglect on the part of, any director, manger, secretary oror other office of the company such director, manager, secretary or other office shall other office of the company such director, manager, secretary or other office shall also be deemed to be guilty of that offence and shall be liable to be proceeded also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

against and punished accordingly. Vicarious Vicarious criminal criminal liability liability MunicipalMunicipal corporation of India v/s Dev

corporation of India v/s Dev Raj-Raj- court held that court held that it is well settled prit is well settled principle of lawinciple of law that vicarious criminal liability cannot be attached unless all the conditions for that vicarious criminal liability cannot be attached unless all the conditions for binding such liability are proved.

(2)

What We Can Do We can do things to help solve the acid rain problem. We can What We Can Do We can do things to help solve the acid rain problem. We can cut back on car use by walking, cycling, using public transit or carpooling. We cut back on car use by walking, cycling, using public transit or carpooling. We can also help by turning off electrical devices not in use such as lights and can also help by turning off electrical devices not in use such as lights and computers.

(3)

EPA-1986- Features

Need for Environmental Protection Law

Need for Environmental Protection Law Although there were the existingAlthough there were the existing laws dealing directly with several environmental

laws dealing directly with several environmental matters, which were focusmatters, which were focus on specific types of pollutions or on specific categories. There were also on specific types of pollutions or on specific categories. There were also existed uncovered gaps in areas of major environmental hazards. There are existed uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of safety. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals in the environment are hazardous substances, especially new chemicals in the environment are weak. It was necessary to have the general legislation for environmental weak. It was necessary to have the general legislation for environmental protection.

protection.

Emergence of

ACT-Emergence of ACT- A-Growing risks of environmental accidents and threat A-Growing risks of environmental accidents and threat to life support system. Environmental risks took place in

to life support system. Environmental risks took place in at the UN at the UN conference at Stockholm in June 1972.

conference at Stockholm in June 1972. The Government of IndiaThe Government of India participated in the conference and strongly voiced the environmental participated in the conference and strongly voiced the environmental concerns. It was further considered necessary to implement the decisions concerns. It was further considered necessary to implement the decisions aforesaid and –The Environment (Protection) Act 1986 came into existence. aforesaid and –The Environment (Protection) Act 1986 came into existence.

Preamble-Preamble- Its preamble makes it clear that the EPA 1986 has the followingIts preamble makes it clear that the EPA 1986 has the following

objective-objective- Protection Protection of of Environment.Improvement Environment.Improvement of of Environment.Prevention of

hazards-Environment.Prevention of hazards-to human beings and other livingto human beings and other living creatures including plant and property.

creatures including plant and property. InIn ND Jayal v/s UOI-ND Jayal v/s UOI- court heldcourt held that

that to ensure sustainable developmento ensure sustainable development is one of the t is one of the goals of EPA 1986goals of EPA 1986 and it is quite necessary to guarantee right to life under Art 21. If the and it is quite necessary to guarantee right to life under Art 21. If the act is not armed with the powers to ensure sustainable development, act is not armed with the powers to ensure sustainable development, it will become the barren shall.

it will become the barren shall.

Section-2(a)-Section-2(a)- definesdefines environment environment – environment includes water, air and– environment includes water, air and land the interrelationship which exists among and between water, air and land the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants micro-organism and land, and human beings, other living creatures, plants micro-organism and property.

property. Section 2(b)-Section 2(b)-defines environmentaldefines environmental pollutant-pollutant- environmentalenvironmental pollutant means any solid, liquid or gaseous substance present in such pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

concentration as may be, or tend to be, injurious to environment. SectionSection

2(e)-2(e)-definesdefines hazardous substancehazardous substance-hazardous substance means any-hazardous substance means any substance or preparation which, by reason of its chemical or substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants micro-organism, property or the environment. other living creatures, plants micro-organism, property or the environment. General Powers of the Central Government. Section 3 under Chapter II General Powers of the Central Government. Section 3 under Chapter II of this Act

of this Act describe what shall be the power of Central Government for thedescribe what shall be the power of Central Government for the purpose of protecting and improving the quality of the Environment and purpose of protecting and improving the quality of the Environment and preventing, controlling and abating environmental pollutions. In

preventing, controlling and abating environmental pollutions. In MC MehtaMC Mehta v/s

UOI-v/s UOI- court held that the CG is empowered to take all such measures ascourt held that the CG is empowered to take all such measures as it deems necessary or expedient for the purpose of protecting and it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and improving the quality of the environment and preventing, controlling and abating environment pollution.

abating environment pollution.

Planning and execution of

Programme-Planning and execution of Programme- The CG will plan and execute the national wideThe CG will plan and execute the national wide programme for the prevention, control and abetment of environment pollution.

programme for the prevention, control and abetment of environment pollution. LayingLaying down stander

-down stander - the CG laying -down the standers for the followings- 1. Quality of the CG laying down the standers for the followings- 1. Quality of Environment and its various aspects.2.

Environment and its various aspects.2. Emission or discharge of environmental pollutant Emission or discharge of environmental pollutant form various source.

form various source. Demarcation of Area- restrictions of areasDemarcation of Area- restrictions of areas in which anyin which any industries, operations or process or class of

industries, operations or process or class of industries, operationsindustries, operations or processor process shall not shall not be carried

be carried out or carried out subject to certain safeguard.out or carried out subject to certain safeguard. Procedures laying down-Procedures laying down- CGCG will laying down the procedure

will laying down the procedure for preventing the accidents which may caused thefor preventing the accidents which may caused the environmental

environmental pollution and remedial measure for such accident pollution and remedial measure for such accident Procedures forProcedures for hazardous

substance-hazardous substance- CG will lay down the procedure for handing the substance-hazardousCG will lay down the procedure for handing the hazardous substance.

substance.Examination-Examination- CG will examine such manufacturing process, materials andCG will examine such manufacturing process, materials and substance which are likely to cause the environment.

substance which are likely to cause the environment. Research-Research- carrying out andcarrying out and sponsoring investigations and research relating to problem of environmental pollutions. sponsoring investigations and research relating to problem of environmental pollutions.

Inspections-Inspections- inspections of any premises, plant, equipment, machinery, manufacturinginspections of any premises, plant, equipment, machinery, manufacturing or other process to take steps for prevention, control, and abetment of environmental or other process to take steps for prevention, control, and abetment of environmental pollutions.

pollutions. Establishment of Establishment of environmenenvironmental labtal lab orites.-orites.- the government will establish,the government will establish, recognized, for preventing the environmental pollution.

recognized, for preventing the environmental pollution.Data CollectionData Collection- the government - the government will collect the environmental pollution related data, and publish the same.

will collect the environmental pollution related data, and publish the same. PreparationsPreparations of rules

of rules. The government will prepare the manuals, codes or guidelines relating to the. The government will prepare the manuals, codes or guidelines relating to the preventions, control, and abetment of environmental pollutions

preventions, control, and abetment of environmental pollutions Section 3(3) -Section 3(3) -constitute an authority or authorities

constitute an authority or authorities -the CG may-the CG may constitute an authority orconstitute an authority or authorities

authorities under this Act for the purpose of exercising and performing such of theunder this Act for the purpose of exercising and performing such of the powers and functions.

powers and functions.Section 4Section 4.. Appointment of officers and their powers and Appointment of officers and their powers and

functions-functions- the CG may appoint officers with such designations as it think fit for thethe CG may appoint officers with such designations as it think fit for the purpose of this ACT, and may entrust them

purpose of this ACT, and may entrust them such of the powers such of the powers and functions under thisand functions under this as which deems necessary.

as which deems necessary. Section 5 Powers to give directions.Section 5 Powers to give directions. The CG under this ACTThe CG under this ACT issue direction in writing to any person, officer or any authority and such person, officer issue direction in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

or authority shall be bound to comply with such directions. Approach of Court- CNG Approach of Court- CNG Buss

Buss- - InIn MC Mehta V/s Union of IndiaMC Mehta V/s Union of India- court held that to protect the health of thecourt held that to protect the health of the present and future generation and to protect and improve the environment, the non CNG present and future generation and to protect and improve the environment, the non CNG buses

buses were phased were phased out and out and ordered for ordered for the use the use of CNG buses.of CNG buses. EnvironmentalEnvironmental awareness-

awareness- (MC Mehta v/s (MC Mehta v/s UOI)UOI) A public interest petition were filed seeking directionA public interest petition were filed seeking direction from the apex court to

from the apex court to create the public awareness towards the ecreate the public awareness towards the e nvironmental protectionnvironmental protection and improvement. And

and improvement. And the court the court held that citizens informheld that citizens informed is an obligation of ed is an obligation of thethe government.

government. Prohibition to establish industries-Prohibition to establish industries- inin AP Pollution Control v/s MV AP Pollution Control v/s MV

Nayadu-Nayadu- court held that court held that State Government can not grant exemption to a specificState Government can not grant exemption to a specific industry locate or attempt to locate itself in a area which is prohibited under this industry locate or attempt to locate itself in a area which is prohibited under this act.

(4)

Explain the duties and liabilities of the

Explain the duties and liabilities of the person carrying on industry,person carrying on industry, operation or handling hazardous substance under EPA1986

operation or handling hazardous substance under EPA1986

Section 7- No person carrying on any industry, operation or process Section 7- No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standard as may be environmental pollutant in excess of such standard as may be prescribed.

prescribed. InIn MC Mehta v/s UOI-MC Mehta v/s UOI- on Pollution of Ganga on Pollution of Ganga Water case SWater case SCC held that- discharge or emittance or permission to discharge or emit of held that- discharge or emittance or permission to discharge or emit of any environmental pollutant in excess of standards is strictly prohibited. any environmental pollutant in excess of standards is strictly prohibited. The SC has issued the directions to the concerned authorities to control The SC has issued the directions to the concerned authorities to control and prevent the pollutant of Ganga Water at Kanpur. Inter alia, and prevent the pollutant of Ganga Water at Kanpur. Inter alia, being-Prevent

Prevention form ion form the waste gathered at the waste gathered at the dairies.the dairies. Enlargement of

Enlargement of sewers and construction of sewers were absent;sewers and construction of sewers were absent; Provision for public latrines to avoid use of

Provision for public latrines to avoid use of open land.open land.

High court not ordinarily staying criminal proceedings in such High court not ordinarily staying criminal proceedings in such matters.

matters.

Ensuring that corpses or half cremated bodies are not

Ensuring that corpses or half cremated bodies are not thrown in thethrown in the river.

river.

Allowing that new industries get licenses only after making Allowing that new industries get licenses only after making provision for treatment of effluents and immediate action against provision for treatment of effluents and immediate action against existing polluting industries.

existing polluting industries.

Central government to include environment as a subject in Central government to include environment as a subject in educational institutions.

educational institutions.

Section8- persons handling hazardous substance to comply with Section8- persons handling hazardous substance to comply with procedur

procedural al safeguards-

safeguards-The position under section 8 is a mandatory requirement as the word The position under section 8 is a mandatory requirement as the word ““shall” connotes. Every person who handles or causes to be handlesshall” connotes. Every person who handles or causes to be handles any hazardous substance defined under section 2(e) of this Act shall any hazardous substance defined under section 2(e) of this Act shall be bound to follow the procedure and observe the safeguard. Ajay be bound to follow the procedure and observe the safeguard. Ajay construction

constructions v/s s v/s Kakateeya Nagar Corporative housing society ltd-Kakateeya Nagar Corporative housing society ltd-It has been held by the court that there is an

It has been held by the court that there is an absolute liability on theabsolute liability on the part of those who are engaged in construction work

part of those who are engaged in construction work , particularly of , particularly of multi storeyed structures,

multi storeyed structures, not to commit nuisance by letting out not to commit nuisance by letting out effluent from their drainage system

effluent from their drainage system.. MC Mehta v/s Union of Indi-MC Mehta v/s Union of Indi-Oleum gas leakage

Oleum gas leakage SC held that u/Art 32 of constitution the court isSC held that u/Art 32 of constitution the court is empowered to award compensation to the environment victim. empowered to award compensation to the environment victim. MCMC Mehta v/s UOI- Primary treatment Plant SC held

Mehta v/s UOI- Primary treatment Plant SC held that that a tannery whicha tannery which cannot set up a primary treatment plant cannot be permitted to continue cannot set up a primary treatment plant cannot be permitted to continue to be in existence for the adverse effect on the public life at large. to be in existence for the adverse effect on the public life at large. KinkriKinkri Devi v/s State of Himachal Pradesh

Devi v/s State of Himachal Pradesh-- Court held that – to ensure theCourt held that – to ensure the attainment of the constitutional goal of the protection and improvement attainment of the constitutional goal of the protection and improvement of the natural

of the natural wealth and environment and wealth and environment and of the of the safeguarding of t safeguarding of t hehe forest, lakes, rivers and wildlife and to protect the people inhabiting the forest, lakes, rivers and wildlife and to protect the people inhabiting the vulnerable areas form the hazardous consequences of the arbitrary vulnerable areas form the hazardous consequences of the arbitrary exercise of granting mining lease and of indiscriminate operation of the exercise of granting mining lease and of indiscriminate operation of the mines on the strength of such leases without property, the court will be mines on the strength of such leases without property, the court will be left with effectively by issuing appropriate writs, orders and directions left with effectively by issuing appropriate writs, orders and directions including the direction as to closure of the mines the operation whereof including the direction as to closure of the mines the operation whereof is proving to be hazardous and the total prohibitions of the grant or is proving to be hazardous and the total prohibitions of the grant or renewal of mining lease till the government evolves a long term plan renewal of mining lease till the government evolves a long term plan based on a scientific study with a view to regulating the exploitation may based on a scientific study with a view to regulating the exploitation may not

not arise even in those cases where the courarise even in those cases where the court’s jurisdiction is invoked if t’s jurisdiction is invoked if the administration takes preventive remedial and curative measures the administration takes preventive remedial and curative measures meanwhile.

meanwhile. - Direction for insurance of workman MK Sarma v/s BEL- Direction for insurance of workman MK Sarma v/s BEL SC held that

SC held that every workman and officer working in sensitive areas of theevery workman and officer working in sensitive areas of the factory must be insured for Rs 1 lakh and Rs 2 lakh respectively apart factory must be insured for Rs 1 lakh and Rs 2 lakh respectively apart from the general insurance policies.

from the general insurance policies. Section

10(2)-Section 10(2)- every person carrying on any industry, operation orevery person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render process or handling any hazardous substance shall be bound to render all assistance to the person empowered by central government under all assistance to the person empowered by central government under sub section (1) of section 10 for carrying out the functions under that sub sub section (1) of section 10 for carrying out the functions under that sub section and if he fails t

section and if he fails t o do so without any reasonable cause or excuse, heo do so without any reasonable cause or excuse, he shall be guilty of an offence under this act.

shall be guilty of an offence under this act.

Water prevention and Control Act 1974

Object –

Object – the object of this Act is to PREVENTION, CONTROL OF WATER POLLUTION ANDthe object of this Act is to PREVENTION, CONTROL OF WATER POLLUTION AND CONSTITUTE THE CENTER AND STATE BOARD-Pollution

CONSTITUTE THE CENTER AND STATE BOARD-Pollution – Section 2(e)- means such– Section 2(e)- means such contamination of water or such alteration of the physical, chemical or biological 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 properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into wat

liquid, gaseous or solid substance into wat er(whether directly or indirectly) as may, or iser(whether directly or indirectly) as may, or is likely to create a nuisance or render such water harmful or injurious to public health or likely to create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plant or of aquatic organisms.

the life and health of animals or plant or of aquatic organisms. Outlet

Outlet Section 2(dd)- includes any conduit pipe or channel , open or closed, carryingSection 2(dd)- includes any conduit pipe or channel , open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution. CENTRAL AND STATE BOARD FOR PREVENTION AND CONTROL OF cause, pollution. CENTRAL AND STATE BOARD FOR PREVENTION AND CONTROL OF WATER POLLUTION

WATER POLLUTIONConstitution of CB-Constitution of CB- SectionSection3- Central government constitute a3- Central government constitute a central board to be called the Central Pollution Board to exercise the powers conferred central board to be called the Central Pollution Board to exercise the powers conferred on and perform the functions assigned to that board under this act. Section 3(2). The on and perform the functions assigned to that board under this act. Section 3(2). The central board consist the following

members-central board consist the following members- ChairmanChairman- - A full time chairman, A full time chairman, a persona person having special knowledge or practical experience in environmental matters like having special knowledge or practical experience in environmental matters like protection of environment, having knowledge and experience in administrating protection of environment, having knowledge and experience in administrating institutions dealing

institutions dealing. (1). (1) MembersMembers- - a maximum of a maximum of five officials who five officials who are nominated byare nominated by the

the central government central government to present central government.(to present central government.(max 5).max 5). MembersMembers – – aa maximum of five members who are nominated by the central government among the maximum of five members who are nominated by the central government among the State Board

State Board not exceeding two shall be form those referred in clause (c) of sub clause 2not exceeding two shall be form those referred in clause (c) of sub clause 2 of clause 4.. (

of clause 4.. (max 5).Members-max 5).Members- a maximum of 3 members nominated by centrala maximum of 3 members nominated by central government to represent the interest

government to represent the interest of agriculture fishery or industry or tradeof agriculture fishery or industry or trade .(.(maxmax

3)Members-3)Members- two members to represent two members to represent companies/corcompanies/corporations owned porations owned controlledcontrolled // managed by the central government.

managed by the central government. (2)(2) SecretarySecretary- a full time member secretary,- a full time member secretary, possessing qualification knowledge and experience of scientific engineering or possessing qualification knowledge and experience of scientific engineering or management aspect of pollution control

management aspect of pollution control.(1).(1)

Section 4 –Constitution of State board Chairman

Section 4 –Constitution of State board Chairman - - A full A full time chairman, time chairman, a persona person having special knowledge or practical experience in environmental matters like having special knowledge or practical experience in environmental matters like protection of environment, having knowledge and experience in administrating protection of environment, having knowledge and experience in administrating institutions dealing

institutions dealing. (1)Members. (1)Members- - a maximum of five officials who are nominated by tha maximum of five officials who are nominated by thee State government

State government to present central government.(to present central government.(max 5).Membersmax 5).Members – a maximum of – a maximum of five members who are

five members who are nominated by the State government nominated by the State government not exceeding two snot exceeding two shall behall be among

among the members the members of the of the local authlocal authorities functions orities functions within the within the sate. (sate. (maxmax

5).Members-5).Members- a maximum of 3 members nominated by central government to represent a maximum of 3 members nominated by central government to represent the interest

the interest of agriculture fishery or industry or tradeof agriculture fishery or industry or trade .(.(max 3)Members-max 3)Members- twotwo members to represent

members to represent companies/corpocompanies/corporations owned rations owned controlledcontrolled / managed by the/ managed by the central government.

central government. (2)Secretary(2)Secretary- a full time member secretary, possessing- a full time member secretary, possessing qualification knowledge and experience of scientific engineering or management aspect qualification knowledge and experience of scientific engineering or management aspect of pollution control

of pollution control.(1)Terms of office-.(1)Terms of office-A member of a board other then a memberA member of a board other then a member secretary, shall hold office for a term of 3 years from the date of his nominations.All secretary, shall hold office for a term of 3 years from the date of his nominations.All member other then the member secretary can resign form their office.Chairman to member other then the member secretary can resign form their office.Chairman to Center or State government and members to the Chairman shall submit their Center or State government and members to the Chairman shall submit their resignation.

resignation.If any member of a board other then the member secretary vacated hisIf any member of a board other then the member secretary vacated his seat if he absent without reason, from 3 consecutive meeting of the board. seat if he absent without reason, from 3 consecutive meeting of the board. Disqualifications

Disqualifications Become insolvent or has suspended payment of his debts or hasBecome insolvent or has suspended payment of his debts or has compounded with his creditors.

compounded with his creditors. Unsound mind, declared by the competent Unsound mind, declared by the competent court.Convicted of an offence.

court.Convicted of an offence. Has directly or indirectly by himself or by any partner, anyHas directly or indirectly by himself or by any partner, any share or interest in any firm or company c

share or interest in any firm or company c arrying on the business of manufacture, sale orarrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus etc. for the treatment of a sewage or hire of machinery, plant, equipment, apparatus etc. for the treatment of a sewage or trade effluents.So abused the post in the interest of general public interest.

trade effluents.So abused the post in the interest of general public interest. Meeting of Meeting of Board

Board One in every 3 months.One in every 3 months. Associate member with the board shall have right toAssociate member with the board shall have right to part in the discussion but not right

part in the discussion but not right to cast his to cast his vote. Section 16 Functions of Centralvote. Section 16 Functions of Central Board

Board

Object- Main function of the central board shall be to promote cleanliness of Object- Main function of the central board shall be to promote cleanliness of streams and wells in different area of the state. And establish and recognized the streams and wells in different area of the state. And establish and recognized the laboritries.

Advice-laboritries. Advice- to advice the central government on any matter concerning theto advice the central government on any matter concerning the prevention and control of water pollution.

prevention and control of water pollution. CoordinationCoordination- coordination the activities of - coordination the activities of the sate board and resolve the disputes.

the sate board and resolve the disputes. Assistance- Assistance- to provide technical assistance andto provide technical assistance and guidance to the state

guidance to the state board, carry out and sponsor investigations and research relating toboard, carry out and sponsor investigations and research relating to problems of water pollution, and preventions, control or abatement or water pollutions. problems of water pollution, and preventions, control or abatement or water pollutions.

Training-Training- organizes training of persons engaged or to borganizes training of persons engaged or to b e engaged in programmed for e engaged in programmed for thethe preventions and control or abatement of water pollution.

preventions and control or abatement of water pollution. Awareness programme-Awareness programme-organize comprehensive programme regarding the prevention and control of water organize comprehensive programme regarding the prevention and control of water pollution through mass media. Also perform the national wide program.

pollution through mass media. Also perform the national wide program. Discharge theDischarge the

functions-functions- perform such of the functions of any State Board as may be specified inperform such of the functions of any State Board as may be specified in subsection 2 of section 18.

subsection 2 of section 18. Data collection-Data collection- collect, compile, and publish technical andcollect, compile, and publish technical and statistical data relating to water pollution and measures devised for its effective statistical data relating to water pollution and measures devised for its effective preventions. Prepare manuals, codes or guides relating to treatment and disposal of preventions. Prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information concerned herewith.

(5)

the standers

the standerslay down the stander in consultation with the state government - lay down the stander in consultation with the state government concerned, the slandered for a stream or well, having regard to the quality of water, flow concerned, the slandered for a stream or well, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream characteristics of the stream or well and the nature of the use of the water in such stream or well

or well Perform such functions as may be specified. Establish and recognized thePerform such functions as may be specified. Establish and recognized the

laboratories-laboratories- establish or recognized a laboratory or laboratories to enable establish or recognized a laboratory or laboratories to enable the board tothe board to perform its functions

perform its functions under this section founder this section for r analysis of samples analysis of samples of water from of water from anyany stream or well or any sewage

stream or well or any sewage or trade effluents.or trade effluents.

Constitution

Constitution of Statof State Board e Board 1974 1974 Section 17Section 17- - A State A State board sheboard shell bell be constituted.

Planning-constituted. Planning- to plan a comprehensive program for the prevention,to plan a comprehensive program for the prevention, control or abatement of pollution of streams and wells in the state.

control or abatement of pollution of streams and wells in the state. Advice-Advice- toto advice the state government on any matter concerning the prevention control advice the state government on any matter concerning the prevention control or abatement of water pollutions.

or abatement of water pollutions. Research-Research- to increase conduct andto increase conduct and participate investigations and research relating to problems of water pollution participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution.

and prevention, control or abatement of water pollution. Training-Training- inin collaboration with the central board organizing the training of persons collaboration with the central board organizing the training of persons engaged or to be engaged in programs relating to prevention, control or engaged or to be engaged in programs relating to prevention, control or abatement of water pollutions, and organize mass education programme. abatement of water pollutions, and organize mass education programme.

Inspections-Inspections- to inspect sewage or trade effluents, works and plants for theto inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the other data relating to plants set up for the treatment of water, works for the purification thereof and system for disposal of sewage or trade effluents. purification thereof and system for disposal of sewage or trade effluents. LayLay down

standard-down standard- to lay standard-down to lay down annul effluents standards annul effluents standards for the sewage andfor the sewage and trade effluents and for the quality of receiving water. Specially taking into trade effluents and for the quality of receiving water. Specially taking into account the minimum fair weather dilution available in that stream and the account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream after tolerance limits of pollution permissible in the water of the stream after discharges of effluents.

discharges of effluents. Evolve reliable method of treatment Evolve reliable method of treatment - to evolve- to evolve economical and reliable methods of treatment of sewage and trade effluents economical and reliable methods of treatment of sewage and trade effluents having regard to the peculiar conditions of soils, climate and water resources having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of of different regions and more especially the prevailing flow characteristics of water in streams and wells.

water in streams and wells. Method of utilizationMethod of utilization- to evolve methods of - to evolve methods of utilization of sewage and suitable trade effluents in agriculture.

utilization of sewage and suitable trade effluents in agriculture. Advice theAdvice the

government-government- to advice the state government with respect to the location of to advice the state government with respect to the location of any industry the carrying on which is likely to pollute a stream or well. any industry the carrying on which is likely to pollute a stream or well. Establishment of laborites

Establishment of laborites.- the board may establish the .- the board may establish the laboratories.laboratories.

Preventions and Control of Water pollutions Preventions and Control of Water pollutions Stream well

Stream well-- Power to surveyPower to survey - the state board or any - the state board or any officer on its behalf , mayofficer on its behalf , may make a survey of any area and gauge and keep records of the flow or volume and make a survey of any area and gauge and keep records of the flow or volume and other characteristics of any stream or well in such area, and may take steps for other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such areas or any part thereof the measurement and recording of the rainfall in such areas or any part thereof and for the installation and maintenance for those purposes of gauges or other and for the installation and maintenance for those purposes of gauges or other apparatus and works connected he

apparatus and works connected herewith rewith and carry out stream surveys and mayand carry out stream surveys and may takes such other steps as may be necessary in order to obtain any information takes such other steps as may be necessary in order to obtain any information required for the

required for the purposes aforesaid.purposes aforesaid. Power to directionsPower to directions A state board may giveA state board may give direction requiring any person who in its opinion is abstracting water from any direction requiring any person who in its opinion is abstracting water from any such stream or well in the area in quantities which are substantial in relation to such stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream or well or is discharging sewage or trade the flow or volume of that stream or well or is discharging sewage or trade effluent into any such stream or well

effluent into any such stream or well Power to entry or inspection-Power to entry or inspection- thethe purpose of examine any plant , record, documents etc. the board has power to purpose of examine any plant , record, documents etc. the board has power to seizing any such plant, record, documents etc

seizing any such plant, record, documents etc if he has reason to believe that it if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act. may furnish evidence of the commission of an offence punishable under this act. Prohibition on use of stream or well for disposal of polluting Prohibition on use of stream or well for disposal of polluting matter-Section

24-Section 24- a person shall be guild of a offence if he do the following activities.a person shall be guild of a offence if he do the following activities. No person shall knowingly cause or permit any poisonous, noxious or polluting No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by matter determined in accordance with such standards as may be laid down by the state board to enter. Into any stream or well or sewer or land. No person the state board to enter. Into any stream or well or sewer or land. No person shall knowingly cause or permit to enter into any stream any other matter which shall knowingly cause or permit to enter into any stream any other matter which may tend either directly or in combination with similar matters, to impede the may tend either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to proper flow of the water of the stream in a manner leading or likely to lead to substantial aggravation of pollution.

substantial aggravation of pollution. ExceptionsExceptions – no person shall be guilty of – no person shall be guilty of offence under section 24 if he- Constructing improving or maintaining in or offence under section 24 if he- Constructing improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock pier, drain or swear or other permanent works which he has to right to dock pier, drain or swear or other permanent works which he has to right to construct, improve or maintain. Depositing any materials on the ban k or in the construct, improve or maintain. Depositing any materials on the ban k or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream. Putting into any stream any sand or gravel or capable of polluting such stream. Putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposit by the current such other natural deposit which has flowed from or been deposit by the current such stream. With the consent of state board.

stream. With the consent of state board. Restrictions on new outlets and newRestrictions on new outlets and new discharges

discharges Section 25-Section 25- prohibited any new establishment, any industry,prohibited any new establishment, any industry, operation or process or any system which is likely to discharge sewage or trade operation or process or any system which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land, without the consent of the effluent into a stream or well or sewer or on land, without the consent of the state board.

state board. Emergency powers- stream wellEmergency powers- stream well Section 32 defines theSection 32 defines the emergency measures in case of pollution of

emergency measures in case of pollution of streams well-streams well-Where it appears to the board that

Where it appears to the board that any poisonous, noxious or polluting matter isany poisonous, noxious or polluting matter is presented in any stream or well or has entered into that stream or well due to presented in any stream or well or has entered into that stream or well due to any accident or other unforeseen act or event and board considered that it is any accident or other unforeseen act or event and board considered that it is necessary to expedient to take immediate action, it may or reasons to be necessary to expedient to take immediate action, it may or reasons to be recorded in writing carry out such operations as it may consider necessary for all recorded in writing carry out such operations as it may consider necessary for all or any of the following purposes: Removing that matter for such stream or well. or any of the following purposes: Removing that matter for such stream or well. Remedying or mitigating any pollution caused to such stream or well. Issuing Remedying or mitigating any pollution caused to such stream or well. Issuing orders immediately restraining or prohibiting the person concern form such orders immediately restraining or prohibiting the person concern form such discharge.

discharge. PenaltiesPenalties Who every fail to comply the direction given underWho every fail to comply the direction given under subsection 2 or sub section 3 of section 20 (power to obtain information).On subsection 2 or sub section 3 of section 20 (power to obtain information).On conviction be punishable with imprisonment for a term which may extend to conviction be punishable with imprisonment for a term which may extend to 3months or fine of 10,000 or both and additional fine of 5,000/ per day or both. 3months or fine of 10,000 or both and additional fine of 5,000/ per day or both. Who ever fail to comply the direction given under section 32 ( emergency Who ever fail to comply the direction given under section 32 ( emergency

(6)

measure incase of pollution). Punishable with imprisonment for term which shall measure incase of pollution). Punishable with imprisonment for term which shall not be less than one year and six month but which may extend to 6 years and not be less than one year and six month but which may extend to 6 years and with fine or both and additional fine of 5,000 per day.

with fine or both and additional fine of 5,000 per day.

AIR PREVENTION & CONTROAL OF POLLUTION ACT 1981 Statement AIR PREVENTION & CONTROAL OF POLLUTION ACT 1981 Statement

object and reasons

object and reasons with the increasing industrialization and tendency of with the increasing industrialization and tendency of majority of industries, which make the acute problem when industrialization majority of industries, which make the acute problem when industrialization are happen on more densely populated area.The presence in air, beyond the are happen on more densely populated area.The presence in air, beyond the certain limits of various pollutants discharged through industrial emissions certain limits of various pollutants discharged through industrial emissions and from certain human activities.

and from certain human activities. In the UN conference on the HumanIn the UN conference on the Human Environment held in Stockholm in June 1972, in which Indian participated Environment held in Stockholm in June 1972, in which Indian participated decisions were taken to take appropriate stapes for the preservation of the decisions were taken to take appropriate stapes for the preservation of the natural resources of the earth which, among other things, include the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution. The government preservation of the quality of air and control of air pollution. The government has decided to implement these decisions of the said conference in so far as the has decided to implement these decisions of the said conference in so far as the preservation of the quality of air and

preservation of the quality of air and control of air pollutionscontrol of air pollutions The Act covers theThe Act covers the two aspect of Air pollution:

two aspect of Air pollution: PreventionPrevention: The establishments which came into: The establishments which came into force after 1981, which cause the pollution need to

force after 1981, which cause the pollution need to be prevented.be prevented. Remedy:Remedy: thethe establishment which establish before the commencement of this act establishment which establish before the commencement of this act (before1981), they will also service but they have to use/set the stander which (before1981), they will also service but they have to use/set the stander which controlled the Air Pollution under Air prevention and control of pollution Act controlled the Air Pollution under Air prevention and control of pollution Act 1981, this is the remedial action.

1981, this is the remedial action. Terminology -Air Pollutant (AirTerminology -Air Pollutant (Air Pollutant):

Pollutant): Means any solid, liquid or gaseous substance, including noiseMeans any solid, liquid or gaseous substance, including noise present in the atmosphere in such concentration as may be or tend to be present in the atmosphere in such concentration as may be or tend to be injurious to human begins or other living creatures or plant or property, or injurious to human begins or other living creatures or plant or property, or environment.

environment. Note:Note: The work The work NOISENOISE included in this act through Amendment included in this act through Amendment Act 1987.

Act 1987. Air Pollution:Air Pollution: Means the presence in the atmosphere of any AirMeans the presence in the atmosphere of any Air pollutant.

pollutant. Central Board:Central Board: The central pollution control board, under Section 3The central pollution control board, under Section 3 of water (Prevention and control of Act 1947).

of water (Prevention and control of Act 1947). State Board:State Board: In relation toIn relation to state in which the (water Prevention and control of pollution Act 1974) is state in which the (water Prevention and control of pollution Act 1974) is infrared, and the state government is constituted for that state, a state infrared, and the state government is constituted for that state, a state pollution controlled board under section .4 of that act, the said

pollution controlled board under section .4 of that act, the said State board andState board and second in relation to any other state the state board for the prevention and second in relation to any other state the state board for the prevention and control of Air pollution constitute by the state government under section 5 of control of Air pollution constitute by the state government under section 5 of this Act.

this Act. Control equipments:Control equipments: Any apparatus, devise, equipment or system toAny apparatus, devise, equipment or system to control the quality and manner of emission of any pollution includes any control the quality and manner of emission of any pollution includes any devise use for securing the efficient operation of any industrial plan. devise use for securing the efficient operation of any industrial plan. Emission:

Emission: Any solid or liquid or gaseous substance coming out of anyAny solid or liquid or gaseous substance coming out of any chimney, duct or any other outfit.

chimney, duct or any other outfit.Occupier:Occupier: In relation to any factory orIn relation to any factory or premises means the person who has control over the

premises means the person who has control over the affair of the factory of affair of the factory of thethe premises and includes in relation to any substance the person in possession of premises and includes in relation to any substance the person in possession of the factory.

the factory.

Air Pollution

Air Pollution Constitution of board-Chairman:Constitution of board-Chairman: There would be oneThere would be one(1)(1) chairman for the board, who has the special knowledge of environment along chairman for the board, who has the special knowledge of environment along with practical knowledge. He will be nominated by the State Govt, for full time with practical knowledge. He will be nominated by the State Govt, for full time or part time.

or part time. Members of Board:Members of Board: Not exceed more thanNot exceed more than 55, and nominated by, and nominated by state government and representative of state government.

state government and representative of state government.Local AuthoritiesLocal Authorities Representatives:

Representatives: Not exceed more thanNot exceed more than 5,5, and nominated by state government and nominated by state government and representative of local authorities.

and representative of local authorities. Industry Industry RepresentatRepresentatives:ives: Not exceedNot exceed more than

more than 3,3, and nominated by state government and representative of anyand nominated by state government and representative of any industry, trade, agriculture.

industry, trade, agriculture. Company Company RepresentatiRepresentatives:ves: Not exceed more thanNot exceed more than 3,

3, and nominated by state government and representative of any company orand nominated by state government and representative of any company or the corporations owned or controlled or managed by the state.

the corporations owned or controlled or managed by the state. Sectary:Sectary: he ishe is the full time member.

the full time member. Total number of Board according to Total number of Board according to above mentionedabove mentioned max limit is 17.

max limit is 17. But the maximum number of tBut the maximum number of t otal number of board shouldotal number of board should not be exceeding to 15.The State board is a legal person:

not be exceeding to 15.The State board is a legal person: Disqualifications- Section 8

Disqualifications- Section 8 a)

a) Become insolvent or has suspended payment of his debts or hasBecome insolvent or has suspended payment of his debts or has compounded with his creditors.

compounded with his creditors. b)

b) Unsound mind, declared by the competent court.Unsound mind, declared by the competent court. c)

c) Convicted of an offence.Convicted of an offence. d)

d) Has directly or indirectly by himself or by any partner, any share orHas directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus manufacture, sale or hire of machinery, plant, equipment, apparatus etc. for the treatment of

etc. for the treatment of a sewage or trade effluents.a sewage or trade effluents. e)

e) So abused the post in the interest of general public interest.So abused the post in the interest of general public interest. Meeting of board- once in a every 3 months

Meeting of board- once in a every 3 months a)

a) Advice- Advice- to advice the central government on any matter concerningto advice the central government on any matter concerning the prevention and control of water pollution.

the prevention and control of water pollution. b)

b) CoordinationCoordination- coordination the activities of the sate board and- coordination the activities of the sate board and resolve the disputes.

resolve the disputes. c)

c) Assistance- Assistance- to provide technical assistance and guidance to the stateto provide technical assistance and guidance to the state board, carry out and sponsor investigations and research relating to board, carry out and sponsor investigations and research relating to problems of water pollution, and preventions, control or abatement problems of water pollution, and preventions, control or abatement or water pollutions.

or water pollutions. d)

d) Training-Training- organizes training of persons engaged or to be engaged inorganizes training of persons engaged or to be engaged in programmed for the preventions and control or abatement of water programmed for the preventions and control or abatement of water pollution.

pollution. e)

e) Awareness programme- Awareness programmeorganize comprehensive programmeorganize comprehensive programme regarding the prevention and control of

regarding the prevention and control of water pollution through masswater pollution through mass media. Also perform the national wide

media. Also perform the national wide program.program. f)

f) Discharge the functions-Discharge the functions- perform such of the functions of any Stateperform such of the functions of any State Board as may be specified in subsection 2 of section 18.

Board as may be specified in subsection 2 of section 18. g)

g) Data collection-Data collection- collect, compile, and publish technical and statisticalcollect, compile, and publish technical and statistical data relating to water pollution and measures devised for its effective data relating to water pollution and measures devised for its effective preventions. Prepare manuals, codes or guides relating to treatment preventions. Prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate and disposal of sewage and trade effluents and disseminate information concerned herewith.

information concerned herewith. h)

h) Lay down the standersLay down the standerslay down the stander in consultation with- lay down the stander in consultation with the state government concerned, the slandered for a stream or well, the state government concerned, the slandered for a stream or well, having regard to the quality of water, flow characteristics of the having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream stream or well and the nature of the use of the water in such stream