The industries are required to obtain consent to operate (CTO) for NOC from the State Pollution Control Board to operate an outlet under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and to operate an industrial plant under section 21 of the Air (Prevention & Control of Pollution) Act, 1981. Consent to Operate is important, before carrying out any action at the industrial plant or activity. For all categories of Industries and Projects, a composite Performa has been prescribed by the State Pollution Control Board for obtaining consent to operate or NOC from Pollution Control Board.
Process for Obtaining NOC
- Under the existing pollution Control Laws, all types of industrial units, before establishing, are required to obtain consent to establish (No Objection Certificate) from the environmental pollution angle. For this purpose, the Board has prescribed an application format.
- Industries are required to submit an application and necessary enclosures pertaining to information like site details, proposed pollution control plans, registration certificates from the Industry Department, etc.
- The complete application will be submitted to the General Manager, District Industrial Centre (GM, DIC) or Member Secretary, Pollution Control Board, or Regional Officers of Pollution Control Board.
- To simplify the process of Obtaining Consent for (NOC), the Board has decentralized the power of issuance of this certificate. It has delegated to GM, DIC, and Regional officers.
- The application must be disposed of within four months from the date of receipt of the application to the Board. It is examined while disposing of the application that there is an industry arrangement for, necessary purification and the flow treatment is being disposed of according to the standards laid down by the Board.
- The appeal can be made against any order passed by the Board can be made within thirty days before the Appellate Authority.
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A chart describing the Validity of NOC and Time duration for obtaining NOC
NOC from State Pollution Control Board for new Industries
For setting up new industries or to change in a production process or modernization or capacity enhancement, the provision has been made that the entrepreneur must have to obtain No Objection Certificate from the Board for Air Pollution and Water Pollution.
The motive behind issuing NOC is that where the industry is proposed to be implemented, that there will not be any future aggravation in environmental pollution due to the industry’s establishment. The application for a highly polluting industry is disposed-off within four months from the date of receipt of an application to the Board and for remaining within one month.
Exemption from obtaining No Objection Certificate
The exemption from obtaining the consent of the Board under the provisions of the Water (Prevention & Control of Pollution) Act, and Air (Prevention & Control of Pollution) Act, and Hazardous Waste[1] (Management & Handling & Transboundary Movement) Rules, 2008, if the unit satisfies the following conditions:
- That the industry is established or being established in the demarcated Industrial Estates or Zones classified by the State Authorities viz PSIEC, Department of Industries, PUDA, CTP under a draft master plan or in mixed category area of predominantly industrial areas within Municipal limit of a city after classification of the area by CTP/STP/DTP.
- That the investment of the industry is not more than Rs. 1 Crore on plant and machinery
- That the investment of the industry is not more than Rs. 2 Crore on plant and machinery for hosiery units
- That there will not be any discharge of trade effluent from the industry into stream or well or sewer or onto land and that industry will not discharge any air pollution, including noise into the atmosphere.
- That is, the industry will not discharge any toxic or hazardous wastes and will not handle any toxic or hazardous chemicals.
Conclusion
As per the provisions of Water (Prevention & Control of Pollution), Act 1974 and (Prevention & Control of Pollution) Act 1981 and also revised provisions of both the Acts, Industries and local bodies that are discharging their effluent to river/ground/sever, or effluent to the air by using any newly redesigned chimney or for continuing disposal of effluents to the air has to obtain consent (NOC) from the Board after furnishing application on a prescribed form and prescribed fee. CorpBiz shall be happy to serve you if you need any assistance for NOC from any State Pollution Control Board.
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