Overview

Consent is required to operate before taking any action in an industrial plant or activity. For all categories of industries and projects, each state pollution control board has set a demonstration to obtain consent to work. The industries required to obtain consent to operate for NOC from the Pollution Control Board to operate an outlet under the Water (Prevention and Control of Pollution) Act, 1974 and to operate an industrial plant under the Air (Prevention & Control of Pollution) Act, 1981.

It is equally important to renew consent to operate by the Pollution Control Board where any new project promoter and existing industry has expanded its industrial activities or made any technical changes in the manufacturing process. As a result of the increase in air and water pollution load under the provisions of Water Pollution Act, 1974 and Air Pollution Act, 1981, NOC is required to modernize its industrial plant. Renewal of 'consent to operate' after expiry of the same.

Some industries which are included in or set up in the list are exempted for obtaining a consent or no objection certificate for the Pollution Control Board. Exemption from obtaining NOC is provided on certain specific criteria and in accordance with the steps of the industry to control hazardous activities.

Types of NOC

Mainly two types of consent are required by business owners:

• Consent to Establish (CTE):

  is the primary level of permission required from the pollution department to set up any business unit as per the Pollution Act keeping in mind all levels of water (air / air / noise).

• Consent to operate (CTO):

  This is the second level of permission required from the pollution department to ensure that the pollution unit avoids any level of pollution (water / air / noise) while running the operation.

Functions of Central Pollution Control Board

• To advise the Central Government on matters of pollution prevention and control.
• Coordination with State Pollution Control Board
• Guidance and technical assistance to state boards
• Conducting various training programs
• Conducting a comprehensive program
• Monitoring work of State Pollution Control Board
• Publication of statistical and technical data
• Laying of standards for wells and drains in villages
• Implementation of many schemes and programs at the national level

Functions of State Pollution Control Board

• Scheduling Comprehensive Program
• Advisory work to prevent and maintain the environment
• Dissemination of information related to pollution and its prevention
• Investigation and research of areas to encourage pollution control
• To arrange training programs
• Inspection of sewage and trade waste plants
• Standards due to discharge of water
• Economic methods of treatment of sewage
• Methods regarding the use of sewage
• Methods for disposal of sewage
• Standards for treatment of sewage

Conditions for exemption

The exemption is granted from obtaining the Consent of the Pollution Control Board under provisions of the Water (Prevention & Control of Pollution) Act, and Air (Prevention & Control of Pollution) Act, and Hazardous Waste (Management & Handling & Transboundary Movement) Rules, 2008, if the unit satisfies the following conditions:

Required Documents for CTO / CTE from State Pollution Board

Following is the list of common documents required for obtaining the consent / authorization of the State Pollution Control Board:

• Compliance report of NOC / consent terms in annotated form.
• Completion certificate of effective treatment plant or add-on pollution control.
• Satellite imagery of the project / industry site.
• Layout plan of the project / industry.
• Project report containing complete details of manufacturing process / raw material.
• Investment proof CA / CS certificate / Annual report / Self certificate.
• Environmental statement (in case of renewal / expansion).
• Compliance with environmental clearance conditions (if applicable).

Required Documents for water consent / NOC

• For an Effluent / Sewage Treatment Plant, you need to submit:

  1. Technical Report on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP).

  2. ETP / STP's drawing

• Wastewater analysis report (in case of renewal / expansion)treated
• Point-wise compliance with water consent terms.
• Water cess return (if applicable).

Required Documents for Air Consent / NOC

• Technical specifications of Air Pollution Control Arrangements
• Schematic Diagram of Monitoring Facility (Pot Hole & Plate form with Spiral ladder)
• Emission analysis reports (in case of renewal/expansion)
• Point-wise compliance of air consent terms (in case of renewal / extension)

Required Documents for authorization of hazardous waste

• Description of SLF / incinerator (if applicable)
• List of hazardous waste generated
• Intelligent compliance of authorization conditions (point-wise renewal / extension case)

Registration process

• Under the Pollution Control Act, it is necessary to obtain consent to establish (no objection certificate) before installing all types of industrial units. For this purpose, each state board has prescribed an application format.
• Industries have to first submit the application and attach necessary documents related to information like proposed pollution control schemes, site details and other registration certificates from the Department of Industries.
• The final application will be submitted to the General Manager, District Industrial Center or Member Secretary, Pollution Control Board, or regional officials of each state pollution control board.
• To simplify the process of obtaining consent or NOC, the Board has decentralized the power to issue this certificate. It has handed over the state GM, DIC and regional authorities.
• The Pollution Control Board has to dispose of the application within 4 months from the date of receiving the application. While disposing of the application, it is further investigated whether there is an industry system for purification and disposal of effluent treatment as per the standards set by the Pollution Control Board.
• The registration certificate is then given to the industry to do business, and they need to renew the certificate before its expiry to avoid penalties.

• Project applicants and industries must be required to prepare a building plan
• Check the Certificate of Consent / Authorization of the State Pollution Control Board
• Grant Consent and Authorization

Penalties

• Rule 25 (2) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 states that a businessman and operator should be liable to pay financial penalty in case of violation of any provision under the rules . Maintained by the State Pollution Control Board with the prior approval of the Central Pollution Control Board.

   

• As per section 15 of the Environment (Protection) Act, 1986, the provision of penalties and rules, orders and directions for violation of any provision of the Act and Rules has been issued. The same is reproduced below:

   

  • Whoever fails to follow or violate any of the provisions of this Act, or the order or orders or instructions made by it, shall be liable to imprisonment for a term of six months, which shall not exceed five years. Up to or may be fined. Which can be up to one lakh rupees or both. If the failure continues or if the violation continues, an additional penalty will be imposed which is Rs. Can be increased to 5,000, violation continues after failure or violation of the first sentence.
  • Suppose that the failure or violation mentioned in sub-section (1) continues for one year after the date of conviction. In that case, the offender will be sentenced to such imprisonment, which may extend to seven years.

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  Classifications of industries

  • The Central Pollution Control Board (CPCB) has categorized industrial sectors/ projects under Red, Orange, Green and White categories. Those are based upon their pollution potential and range of pollution index for the purpose of consent management under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
  • Industry covered under the Water Act, 1974 and the Air Act, 1981 under Consent Management to obtain Consent Establishment (CTE) and Consent to Operate (CTO) under the Red, Orange and Green category. has been done.
  • Those industries which fall under the White category are exempted from consent management for obtaining Establishment (CTE) and Consent to Operate (CTO) under Water Management Act, 1974 and Air Act, 1981. Industries that fall under the white category should be reported to the State Pollution Control Board within 30 days of establishment of the business. However, white category industries will have to provide pollution control equipment, wherever ever required, based on their process and activities and these industrial units / projects will be controlled by self-regulatory regime and not allowed to pollute the environment. is.

  Industry category identified as required consent to be established (CTE)

  Following is the list of entities applying for CTE / CTO before starting industrial operations:

  • Manufacturing Institutions
  • Health Care Institute
  • E-waste management units
  • Solid Waste Management Institutes
  • Hazardous Waste Management Institutes
  • Battery Waste Management Institutes
  • Plastic Waste Management Institutes
  • Bio-medical waste management institutions

  Projects requiring environmental clearance from the central government

  The Ministry of Environment & Forest has identified 29 types of industries which are required to submit an environmental impact assessment report. Following is the list of projects requiring Consent from the Ministry of Environment and Forest:

  • Nuclear power projects and processing of nuclear fuel.
  • Projects including hydropower etc. in river basins.
  • Ports, harbors, airports (except minor ports and ports).
  • Petroleum refineries including crude and product pipelines.
  • Chemical Fertilizer
  • Pesticides
  • Petrochemical Complexes
  • Bulk Drugs and Pharmaceuticals
  • Exploration, development and production of offshore and onshore oil and gas.
  • Synthetic Rubber
  • Asbestos milling and asbestos based products
  • Hydrocyanic acid and its derivatives
  • Primary Metallurgical Industry
  • Chlor-Alkali Industry
  • Integrated Paint Industry
  • Viscose Staple Fiber and Filament Yarn
  • Mineral Mining
  • Integrated with the manufacture of lead oxide in storage batteries.
  • All tourism projects in places of more than 1000 m height or 200 m to 500 m height with an investment of more than Rs 5 crore.
  • Thermal Power Plants
  • Highway Projects
  • Starred roads in the Himalayas and / or forest areas
  • Distilleries
  • Raw Hides and Hides
  • Pulp, paper and newsprint
  • colors
  • Cement
  • Casting (Personal)
  • Electricity

  Validity period

  Under the Water Act, 1974 and the Air Act, 1981, the validity period of consent for various industrial sectors / projects category would be as follows: -

  Applicants for consent will apply for consent with full fees. Further, the applicant shall renew the consent / authorization for the unit at least one month before the expiry of the validity period.

   

  Consent to the given operation will end the validity stated in the table below:

  SR.NO.	Category of Industries	Validity of consent to operate period
  1	red (large and medium and small scale industries)	5 years
  2	Orange (large and medium and small scale industries)	10 years
  3	Green	Varies from state to state (between 7-15 years)

  SR. NO.	Category of Industries	Validity month (up to)
  1	Red	End of March
  2	Orange	End of September
  3	Green	End of December

  After obtaining consent o the State Pollution Control Board, the authorized officer shall conduct an inspection of the unit within three months of the grant of 1 CTO, which is required to collect the sample / air emission / noise samples. If the industry is found to be in violation of the terms of consent given, the industry will be liable for action under the provisions of environmental laws, including revocation / cancellation of the consent given to it.