STP And CETP Directions: Supreme Court 2017 in Paryavaran Suraksha Samiti vs
UOI Mandates Functional ETPs And Timelines. The Supreme Court in Paryavaran
Suraksha Samiti vs Union Of India dealt with discharge of untreated effluent and
sewage into rivers and water bodies. The Court on 22.02.2017 issued wide-ranging
directions to Union, States, and Pollution Control Boards. The Court mandated
functional Primary Effluent Treatment Plants for all industries, setting up Common
Effluent Treatment Plants and Sewage Treatment Plants within timelines. The Court
also created an implementation and monitoring mechanism. This blog explains
Paryavaran Suraksha Samiti vs UOI on water pollution control.
Facts: Discharge Of Untreated Effluent Into Water Bodies. The Supreme Court in
Paryavaran Suraksha Samiti vs UOI para 1: Petitioners sought mandamus to direct
Union, States, UTs to ensure no industry requiring "consent to operate" from PCB
functions without functional ETP meeting prescribed norms.The Supreme Court in
Paryavaran Suraksha Samiti vs UOI: Not disputed that process starts at industry level.
For "consent to operate", industry must have functional primary ETP. The Supreme Court
in Paryavaran Suraksha Samiti vs UOI: Real issue is whether ETPs are "maintained in
good order" after industry becomes functional.The Supreme Court in Paryavaran
Suraksha Samiti vs UOI: Also concerned about CETPs and STPs. Many CETPs dis-
functional due to lack of finances or repairs. Sewage directly discharged into rivers.In
our experience, most water pollution cases arise from this gap - ETP/CETP/STP exist
on paper but not functional.
Directions On Industrial ETPs: Electricity Disconnection For Defaulters. The Supreme
Court in Paryavaran Suraksha Samiti vs UOI para 4: SPCBs to issue common
advertisement. All industries requiring "consent to operate" must make primary ETP
fully operational within 3 months.The Supreme Court in Paryavaran Suraksha Samiti vs
UOI: After 3 months, SPCBs to inspect. Industries without functional ETP "shall be
restrained from further industrial activity".The Supreme Court in Paryavaran Suraksha
Samiti vs UOI: Implementation: Electricity supply agency to disconnect electricity on
recommendation of SPCB. "Shall honour such recommendation...forthwith".The
Supreme Court in Paryavaran Suraksha Samiti vs UOI para 5: Defaulting industry can
resume only after making ETP functional and obtaining fresh "consent to operate".The
Supreme Court in Paryavaran Suraksha Samiti vs UOI para 6: Liberty to public to
complain to PCB. PCB must verify and take action.Lesson: This is the strictest
enforcement mechanism till date.
No ETP = No electricity.CETPs And STPs: 3 Year Timeline + Financial Responsibility.
The Supreme Court in Paryavaran Suraksha Samiti vs UOI para 7-8: CETPs take ∼2
years to set up. Funding: Centre 50%, State 25%, 25% bank loan to be repaid by industrial
clusters.The Supreme Court in Paryavaran Suraksha Samiti vs UOI: Directs States/UTs
to complete CETPs within 3 years. While acquiring land, also acquire for future "zero
liquid discharge plants".The Supreme Court in Paryavaran Suraksha Samiti vs UOI para
10: Responsibility to operate existing CETPs rests on Municipalities/Local Bodies under
Article 243W and 12th Schedule. The Supreme Court in Paryavaran Suraksha Samiti vs
UOI: If financial constraints, municipalities to evolve norms to recover funds from
commercial, industrial, domestic beneficiaries. Norms to be finalized by 31.03.2017. If
not, State Govt to fund from own resources.The Supreme Court in Paryavaran Suraksha
Samiti vs UOI para 12: Sewage Treatment Plants also to be set up and made functional
within same timelines.The Supreme Court in Paryavaran Suraksha Samiti vs UOI para
11: Prioritize cities/towns/villages discharging directly into rivers.
Implementation And Monitoring Mechanism. The Supreme Court in Paryavaran
Suraksha Samiti vs UOI para 13: Responsibility on Member Secretary of SPCB for
ETP/CETP directions. Secretary, Department of Environment of State answerable for
default. Data to be sent to CGWA and then to NGT.The Supreme Court in Paryavaran
Suraksha Samiti vs UOI para 14: NGT Benches to maintain running case files, divide
area into units, list periodically. SPCB to initiate civil/criminal action against
defaulters.The Supreme Court in Paryavaran Suraksha Samiti vs UOI para 15: Liberty to
public to approach NGT for deficiencies.The Supreme Court in Paryavaran Suraksha
Samiti vs UOI para 17: All States to put online real-time continuous monitoring system
on SPCB portal within 6 months.
Conclusion
Paryavaran Suraksha Samiti vs Union Of India is landmark on paryavaran suraksha
samiti vs union of india stp cetp supreme court 2017. Supreme Court 22.02.2017 gave
hard deadlines: 3 months for ETPs, 3 years for CETPs/STPs, 6 months for online
monitoring. Court linked electricity to ETP compliance and made municipalities
responsible for CETPs. Court created NGT monitoring mechanism. As the law stands,
right to clean water under Article 21 requires functional treatment infrastructure. The
Supreme Court’s ruling in Paryavaran Suraksha Samiti vs UOI is blueprint for river
cleaning in India.
