Question
What is the primary purpose of sending samples collected
under Section 21 of Water Pollution Act to a laboratory?Solution
Section 21 β Power to take samples of effluents and procedure to be followed in connection therewith Authority to Take Samples β’ The State Pollution Control Board (SPCB) or any authorized officer has the power to collect samples of: o Water from any stream or well. o Sewage or trade effluents discharged from any plant, vessel, or establishment into a stream or well. Admissibility in Legal Proceedings β’ The analysis results of the samples cannot be used as legal evidence unless the procedure outlined in sub-sections (3), (4), and (5) is strictly followed. Step-by-Step Procedure for Sampling 1. Issuing a Notice o Before taking the sample, the officer must serve a notice (in a prescribed format) to the occupier (person in charge of the facility) or their agent. 2. Dividing the Sample o The collected sample must be divided into two parts in the presence of the occupier or agent. 3. Sealing and Signing the Sample o Each part of the sample must be placed in a container, which is then sealed and signed by both: ο§ The officer collecting the sample. ο§ The occupier or their agent. 4. Sending the Sample for Analysis o One part of the sample is sent immediately to a recognized laboratory for testing: ο§ For Union Territories: The sample goes to a Central Board-recognized laboratory (Section 16). ο§ For States: The sample is sent to a State Board-recognized laboratory (Section 17). o The second part is sent to a separate laboratory upon the occupierβs request: ο§ For Union Territories: Laboratory specified under Section 51(1). ο§ For States: Laboratory specified under Section 52(1). Provision for Absence of the Occupier or Agent β’ If the occupier or agent is absent despite being served a notice: o The officer collects, seals, and signs the sample alone. o The sample is sent to the designated laboratory for analysis.
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