PREVENTION AND CONTROL OF WATER POLLUTIONCentral

Section 27 of The Water (Prevention and Control of Pollution) Act, 1974

1 [(1) A State Board shall not grant its consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] 2 [(2) A State Board may from time to time review-- 3 [(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition;]

(b)the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.]

(3)Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section.

Summary

The State Board must not give permission for a new industry or outlet unless it is built to allow for easy sample taking.
This sample taking requirement ensures the Board can check the quality of the waste being discharged.
The Board has the power to look at any permission it previously gave and change the rules attached to it.
If the Board changes or cancels a rule, it must serve a notice to the person who holds the permission.
The Board can also reconsider a previous decision where it refused permission or gave it with no rules.
Any rules set for a factory continue to apply until the Board officially revokes them.

Practical examples

1An industrialist, Mr. Khan, builds a new pipe to dump waste from his factory into a river. The State Board checks the pipe and sees there is no way to collect a water sample. Under Section 27, they refuse to give him the consent he needs to start operating.

2Five years ago, the Board gave a paper mill permission to discharge waste with a certain chemical level. Today, the Board realizes the river is getting worse. Using Section 27, they send a notice to the mill changing the rule to require much cleaner waste.

3A factory was once refused permission because it was too close to a school. The factory moved its outlet further away. Under Section 27, the Board reviews the old refusal and decides to grant permission now that the situation has changed.

FAQ

1. Can the Board change the rules of my permit after I start working under Section 27 of The Water Act?

Yes, Section 27 of The Water Act allows the Board to review and vary or revoke any conditions it imposed earlier by sending you a notice.

2. Why would the Board refuse my permission under Section 27 of the Water (Prevention and Control of Pollution) Act, 1974?

Under Section 27 of the Water (Prevention and Control of Pollution) Act, 1974, the Board must refuse permission if your industry is not set up to let them take samples of your waste.

3. How do I know if the Board has changed my permit conditions under Section 27?

Section 27 of the Water (Prevention and Control of Pollution) Act, 1974 requires the Board to serve a notice on the person to whom the permission was granted if they change the rules.

4. Does a permit rule ever expire under Section 27 of the Water Act of 1974?

No, Section 27 of the Water Act of 1974 states that any condition imposed continues in force until it is officially revoked by the Board.

Test yourself

Q1.Under Section 27 of the Water (Prevention and Control of Pollution) Act, 1974, what is a mandatory requirement for granting consent under Section 25?

Q2.According to Section 27 of the Water Act, what can the State Board do to a condition it previously imposed on a factory?

Q3.Under Section 27 of the 1974 Water Act, how long does a condition imposed under Section 26 remain in force?

Q4.If the Board gave consent without any conditions last year, can they add conditions this year under Section 27 of The Water Act?

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