The Ministry of Environment, Forest and Climate Change (“MoEFCC”) has notified the Water Purification System (Regulation of Use) Rules, 2023 (“Rules 2023”) to regulate the use of water purification system by providing directions for proper management, storage and utilization of reject water and discarded elements generated.by water purification systems. The Rules, 2023 will gain effect on 9th November 2024. It casts compliance obligations on the part of manufacturers, importers, assemblers, or users of Domestic Water Purification System (“DWPS”), users of Commercial Water Purification System (“CWPS”) and Water Supply Agencies (which could be public or private sector entities engaged in treatment, distribution or supply of water).
Key compliance obligations:
A. On the part of User of Domestic Water Purification System (“DWPS”):
Every User of DWPS which essentially means “equipment or device, having reverse osmosis-based water treatment system with a capacity of twenty-five litres per hour that reduces total dissolved solids, chemical contamination to safe level and removes physical particles including microbiological impurities in water at point of use”, must ensure:
a) To comply with Central Pollution Control Board (“CPCB”) guidelines for handling, storage, management, and utilisation of reject generated.
b) To manage discarded waste as per Plastic Waste Management Rules, 2016
c) To manage discarded waste as per E-Waste (Management) Rules, 2022
d) To manage discarded waste as per Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016
B. On the part of Commercial Water Purification System (“CWPS”):
Every User of CWPS which “means equipment or device, having reverse osmosis-based water treatment system that reduces total dissolved solids, chemical contamination to safe level and removes physical particles including microbiological impurities in water at point of use”, must ensure:
a) To comply with CPCB guidelines for managing, storing, utilising, and disposing the rejected water and discarded elements
b) To adhere to provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the rules made thereunder
c) To obtain Consent to Operate for existing installations operating to the concerned SPCB/PCC
d) To obtain authorization from the State Pollution Control Board (“SPCB”) / Pollution Control Committee (“PCC”)
C. On the part of Manufacturer of DWPS:
Every Manufacturer of DWPS which “means a person or an entity or a company as defined in the Companies Act, 2013 (18 of 2013) or a factory as defined in the Factories Act, 1948 (63 of 1948) or a Small and Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006)” must ensure the following:
a) To obtain licence for use of Standard Mark from Bureau of Indian Standards (BIS)
b) To manage discarded waste as per Plastic Waste Management Rules, 2016
c) To manage discarded waste as per E-Waste (Management) Rules, 2022
d) To manage discarded waste as per Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016
e) To affix Standard Mark and conformance label fulfilling prescribed requirements on all DWPS
f) To submit Annual Compliance Report
D. On the part of Importer, Producer, Assembler of DWPS:
Every importer, producer, assembler of DWPS must ensure to affix Standard Mark and conformance label fulfilling prescribed requirements on all DWPS.
Background:
The Hon’ble National Green Tribunal in the matter of O.A. No.134/ 2015 in Friends through its General Secretary Vs. Ministry of Water Resources ( Order dated 20th May 2019) directed the Ministry of Environment, Forest and Climate Change (MoEFCC) to come out with Regulation on Appropriate Use of Reverse Osmosis Based Water Purification System. Further, the Supreme Court of India in the matter of Civil Appeal Diary No. 37657 of 2019 in Water Quality India Association Vs. Friends & Others (dated the 22nd of November 2019) directed MoEFCC ‘to consider this material together with all other material, before it arrives at any conclusion, which then ultimately is put in the form of the notification that has been ordered to be issued’. The MoEFCC in compliance to the directions of Hon’ble Supreme Court of India considered the material / justification provided by the Water Quality India Association and in Office Memorandum dated the 18th November, 2019 constituted Technical Committee to review the draft notification on Regulation on Appropriate Use of Reverse Osmosis Based Water Purification System. The draft notification on Regulation on Appropriate Use of Reverse Osmosis Based Water Purification System was prepared in consultation with Technical Committee was uploaded on MoEFCC’s website for wider circulation and invited comments on the draft notification and it was observed that there were variation in water quality with respect to geographical and source availability, consumer quality requirements, limitation on techno-economic feasibility, regulatory compliances and health issues. Pursuant to this, the MoEFCC amended the Environment Protection Rules, by inserting a new entry i.e. Serial Number 115 in Schedule – I (Rules 2021) which regulated the use of Water Purification System (WPS). Recently, in a notification the Rules 2021 have been repealed by the Environment (Protection) Fifth Amendment Rules, 2023. Thereafter, on 10th November 2023, MoEFCC has enacted the Water Purification System (Regulation of Use) Rules, 2023 which brings back the regulations to regulate the use of water purification system by providing direction for proper management, storage and utilization of reject water and discarded elements generated.by water purification systems which is slated to gain effect from November 2024.
Please refer to the attached notification for a detailed read.
Source: Ministry of Environment, Forest and Climate Change
