Uttar Pradesh is one of the most polluting states in the Country, With 4 of the Country’s ten most polluted cities situated here. River Gang, the longest river in the Country, covers the maximum distance in this state only and has the largest catchment. Due to the presence of some big cities along the banks of the river, such as Kanpur, Varanasi, Allahabad, etc., a large amount of industrial effluent is deposited in the river, making its water unfit for use and unsafe for consumption. Owing to such a large issue with environmental degradation and river water pollution, the State Government is required to take stringent measures and impose strict measures on industries and manufacturing units operating in the State. UPPCB keeps a check on Air, Water, and Environment Pollution levels and ensures that they do not cross hazardous levels. It collects, analyses, records and provides data collected from its surveys to the Central Government and CPCB, which helps the statutory authorities frame new rules and regulations and make suggestions to the UPPCB to introduce reforms and changes in its functioning. The UPPCB draws its powers from the following major Environment Prevention Laws and regulations –
- Air (Prevention and Control of Pollution) Act, 1982.
- Water (Prevention and Control of Pollution )Act, 1974
- Environment Protection Act, 1986
- Forest Conservation Act,1980
- Wildlife Protection Act, 1972
Functions of the UPPCB
UPPCB performs other statutory functions with respect to managing Pollution Control Measures in the State, such as –
- Advising the State government on budget allocation, policy-making, and appointment of key environmental protection Officers in the State
- Promoter Consumer awareness among the general public about the hazards of air pollution and encourage environment-friendly practices.
- Collect and compile data on water contamination, air pollution, and soil degradation for further analysis and research on sound environment protection practices.
- Collect soil and water samples for effluents and contaminants mixed by industries and prepare standards for effluent waste disposal by these industries.
- Develop new techniques for sewage treatment and better management of solid water produced by polluting industries.
- Facilitate Environmental Clearances of industries by facilitating and obtaining Online NOC from UPPCB through the Web Portal of the UPPCB website.
Industries that are required to obtain online NOC from UPPCB as Environmental Compliance in UP
If you are an industrial manufacturing unit, factory owner, or sewage and waste water treatment plant, you are required to apply for an online NOC from UPPCB to carry out production and industrial activities. The industries under the purview of UPPCCB are divided into three main categories based on capital investment/size and level of pollution- red, orange, green, and white. Each industry has different licensing and environmental compliance requirements, which have to be complied with accordingly by the occupier/owner of the unit or company. If this environmental compliance in UP is not adhered to, it can result in heavy fines and penalties and even closure of the factory or manufacturing unit by the regulatory authorities.
Categories of Industries under UPCCB Online Registration
Delving further into the process of applying for Online NOC from UPPCB, you’ll need to gather some key documents to complete your online application successfully. The U.P. Pollution Control Board has classified UPPCB NOC eligibility criteria underfourcolour- categories based on the severity of pollution and size – red, orange, green, and white.
- Red Category
Industries that are engaged in severely polluting manufacturing processes or emit large volumes of toxic fumes or harmful effluents, such as mining, Bio-medical waste, automobile and lead acid battery manufacturing, and chemical industries, are put in this category by the MoEFC. It consists of factories and manufacturing units having a pollution index of more than 60. The industries falling under the Red category are not allowed to be established by the UPPCB in or near an environmentally sensitive area of the state.
- Orange Category
These industries are slightly less polluting and environmentally determinantal, having a pollution index of 41 to 59. These industries are required to obtain a valid Consent To Operate from the UPPCB and Consent to Establish (CTE_ certificate from the CPCB before setting up their manufacturing operations or production plant or unit. The manufacturing units under this category include Bakery and confectionery units, rolling stock manufacturing, jute processing, thermometer manufacturing, brickfields, etc. These industries are required to obtain consent from the State Pollution Control Board by applying for an online NOC from the UPPCB and other relevant environmental protection Bodes under the provisions of the Air and Water Act.
- Green Category
Industries with a pollution index of 21 to 40 fall under this category and include industries such as aluminium utensils, ayurvedic manufacturing, candy manufacturing, cement products, etc. These industries also have valid Consent to Operate certificates from the UPPCB and CPCB.
- White Category
This category consists of industries that have a pollution index of up to 20 and are generally practically non-polluting and non-hazardous. This category was introduced to segregate polluting industries from non-polluting industries, hence making the compliance and registration process easier and simpler. This includes industries such as PVC sheets and biscuit trays. Cotton and woolly hosiery, electric lamp assembling, etc.
Industries that require an Online NOC from the UPPCB
Though 221 small-scale industries have been exempted from mandatorily having an online NOC from UPPCB, those industries that engage in large-scale production of products that produce potentially environmental and hazardous effluents, gases, waste materials, or by-products are put within the purview of mandatory UPPCB NOC eligibility criteria. There are a total of 27 such industries that require a NOC in the form of Consent to establish from the UPPCB for establishing and operating their industrial units in the state. These industries are –Â
- Fertilizer (Nitrogen/Phosphate)
- Sugar
- Cement
- Fermentation and distillery
- Aluminium
- Petrochemicals
- Thermal power
- Oil refinery
- Sulphuric acid
- Tanneries
- Copper smelter
- Zinc smelter
- Iron and steel
- Pulp and paper
- Dye and dye intermediates
- Pesticide manufacturing and formulation
- Basic Drugs and Pharmaceuticals
- Textile industries (cotton, woollen, synthetics, including bleaching and dyeing process)
- Manufacture of edible vegetable oil and nonedible oil.
- Manufacture of glass and glass products involving the use of fossil and liquid fuels.
- Foundries
- Electroplating Industries and galvanizing process industries
- Ceramic industry.
- Synthetic rubber
- Chlorinated Hydrocarbon (including paraffin wax)
- Manufacture of acid and alkaline
- Chemical industries (including the manufacture of chlorine, bromine, fluorine, and its compound).
Types of NOCs Issued by the UPPCB
The U.P. Pollution Control Board issues two types of NOCs or authorizations for setting up and commencing business activities that fall under the polluting sector. They are- Consent to Establish (CTE) and Consent to Operate (CTO). CTE, which has to be taken by industry from the State Pollution Control Board, is necessary before setting up industrial plants and factories, while CTO, also obtained from the State Pollution Control Board, is essential for functioning and legally operating the business of the Industry. While CTE is essential for environmental compliance at the time of opening or setting up a business, the CTO ensures that the day-to-day processes and industrial practices are in line with the statutory prescribed Environment Protection Standards. The UPPCB issues both the CTE and CTO for businesses that meet the necessary environmental clearances and compliances.
Process to Apply for Online NOC from UPPCB
The process of applying for an online NOC from UPPCB for your business requires making an application on the Online Consent Management and Monitoring System (OCMMS) on the UPPCB website. If your business falls under the UPPCB NOC eligibility criteria, You are required to register on the Online Portal by submitting the required documents, approvals, consents and details of your business and proceeding with making an application to the MoEFC. The step-by-step process for making an application is mentioned herein below-
Step -1 Identifying the Industry Type on the Online Portal
The first step towards obtaining an online NOC from UPPCB is registering on the OCMMS portal by selecting the type of industry based on colour-coded classification. From Red, Orange, green, and white, you are required to select the category your industry falls in and provide relevant details about the business process, paid-up capital, authorizations from municipal and other statutory authorities, and other details. After submission of all documents and details, the application for an online NOC from UPPCB is complete and received by the UPPCB.
Step-2 Obtaining Consent to Operate and Consent to Establish
The Consent to Operate (CTO) and Consent to Establish (CTE) are the mandatory NOC requirements by the UPPCB for the purpose of obtaining Environmental Clearance. CTO and CTE are issued by the State Pollution Control Board after examining and analyzing the information given by the applier pertaining to the manufacturing unit’s water and air emission levels, hazardous waste generation, the scale of operations of pollution to the environment, and other additional information. Based on the information, the UPPCB officials scrutinized the application and provided a CTO/CTE approval certificate within 25-30 days.
Step-3 Inspection of manufacturing unit and sample testing
After obtaining a CTO/CTE, an official form UPPCB inspects the factory or manufacturing unit physically, scrutinizing the machines and devices, manufacturing processes, raw materials, compounds and chemicals, infrastructure, and soundness of the premises. Based on the inspection, the official shall submit a report to the Board stating whether the unit requires a pollution-controlling device.
Post receipt of the CTO/CTE, a Board Official shall, after a period of three months, conduct testing of samples from the environment surrounding the unit to analyse if the unit is complying with the mandated pollution control measures or not. If the factory or industry is not found to be complying with the measures, the license can be revoked.
Once issued, a CTO/CTE remains valid for a period of 5 years for the red category and ten years for the orange and white category industries.
Documents required for CTO/CTE Approval
For applying for a CTO and CTE certificate with the UPPCB, the applicant is required to submit the following documents, in accordance with the UPPCB NOC eligibility criteria, with the MoEFC on the online portal –
- Authorized Government ID, PAN, Aadhar, etc., of the owner of the factory or manufacturing unit.
- Site Plan, Factory Layout, and details of the factory of the production or manufacturing unit for which the DPCC online registration is being made.
- Ownership proof, such as lease deed, rent agreement, etc., of the Factory Site
- GSTIN Certificate of the business
- Corporate documents of the company – MOA, AOA, Partnership or LLP Deed, Ownership agreement, incorporation certificate, CIN, DIN, etc.
- CA Certificate and environmental auditing report approving the total cost and viability of the project
- Electricity and water bill of the Unit
- Industrial License applicable to the factory or manufacturing unit
- Ambient Air Quality Citification and Noise Report from a certified Laboratory
- Any other documents required for Environmental Clearance in UP from the Municipal Corporation
Benefits of obtaining UPPCB NOC Online NOC from UPPCB
A manufacturing unit or industrial set-up is required to pass several quality checks and comply with numerous Environmental Compliances, industry standards of industrial production, and laws on green and sustainable development. The government has mandated heavy industries to apply for and procure necessary licenses and clearances, signifying g their commitment to environmental protection and sound industrial practices for industries falling within the purview of UPPCB NOC eligibility criteria.. Central and State Pollution Control Board are the regulatory and administrative units of the governments, ensuring that the market players adhere to the Environment Protection Guidelines. But what exactly are the benefits Benefits of obtaining UPPCB NOC for the industries in order to comply with these requirements? Let us see how it matters –
Easy application process
Digitization of the regulatory filing process by the Government of India has greatly facilitated industries and individuals in fulfilling their obligatory duties. The Centralized application portal of the State Pollution Board – Online Consent Management and Monitoring System (OCMMS) makes applications for the purpose of obtaining Online NOC from UPPCB easy, inexpensive, and less complex as compared tothe offline process.
Sustainable development and prevention of natural resources
CTO/CTE and NOC require industrial businesses to operate in an environmentally friendly manner and promote sustainable growth. Pollution assessment and control measures like these help the regulatory authority keep the polluting industries in check and ensure that they observe their liability towards nation-building and environment conservation.
Efficient Waste Management
Compliance with Hazardous Waste Management laws, such as Battery Waste Management Rules and Hazardous Waste( Trans boundary Movement ) Rules, ensure that industries producing toxic and hazardous waste are extra careful and compliant while handling it and ensure that it does not harm or cause damage to any person or environment. Recently, a lot of companies in the hazardous waste recycling industry have started operations and are dealing with vast quantities of industrial refuse daily. For these reasons only, compliance with waste handling and management regulations and guidelines becomes crucial to make sure these materials are properly dumped/disposed of.
Promotes Consumer Awareness
Measures taken by UPPCB promote awareness among consumers by educating them about the importance of waste management, environment protection, use of green fuels, and lowering dependence on fossil fuels. Environment clearances, hence, make it imperative that not only the employees working in the factories or manufacturing units but also their families and society in general imbibe and adopt Environment-friendly practices.
Mandates utilization of Energy-Efficient Devices and Processes
The MoEFC has been laying stress on adopting greener and eco-friendly products and devices, both for domestic and commercial uses. This would not only reduce our dependency on conventional polluting products, such as Appliances made by using Chloro-Fluoro Carbons, fossil fuels, non-biodegradable waste, harmful chemicals and salts, etc. but also assist in our move towards greener fuels, LEDs, bio-degradable waste recycling among others. UPPCB and CPCB are the key functionaries in promoting the government’s vision of achieving net zero carbon emissions and a complete shift from traditional to green biofuels in the coming years.
Conclusion
Obtaining Environmental Compliance is a very necessary obligation on the part of any business owner or manufacturer of consumer/industrial products. Since the government has strengthened environmental protection measures and imposed severe penalties on entities that do not comply, it has become imperative to observe compliance with them. Making an online application for NOC from UPPCB is a lengthy and tedious process that involves steps like applying through the Government Portal, submitting the required documents and consent, providing details about the business and applicants, and paying the required fees for the application. A physical inspection of the factory premises of the manufacturing unit is carried out by the officials of the UPCCB to satisfy the quality, soundness, and pollution-control devices or measures taken by the unit. Post satisfaction of all the parameters, careful scrutiny of document send details, and thorough inspection of the factory, the UPPCB officials send their report to the Board, based on which the Board decides whether to issue a certificate or resend the application for clarifications.
The process of online application for NOC for UPCCB is very rigorous and requires attention to detail in several areas. A small error or omission to make a certain disclosure or a mistake in filing can lead to the entire application being rejected. Hence, it is crucial to engage the right compliance consultancy to assist you and your team in making all the necessary filings and applications. We at Corpbiz are a team of expert professionals equipped with the right experience and tools to help you in your company’s formation and expansion journey. Our cost-effective price quotes and top-quality professional services are there to fulfil the legal and compliance requirements of your venture while you focus on running your business.
Frequently Asked Questions (FAQs)
UP State Pollution Control Board (UPPCB) is the official name of the State Pollution Control Board (SPCB), which is a statutory authority that implements and administers environmental protection measures in the state of Uttar Pradesh. The main functions, duties and objectives of the Board are to implement the regulations and guidelines set out by the Ministry of Forest, Environment and Climate Change, and in consonance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981, Water Act, 1975 and Environment Protection Act, 1986.
The UPPCB will be regulated and supervised by the Ministry of Environment, Forest and Climate Change, Government of India.
Industries that come under the heavy polluting. category, such as fertilizer, sugar, thermal power, oil, natural gas, and metal manufacturing, category fulfill the UPPCB NOC eligibility criteria are required to obtain NOC from the member secretary, UPPCB, Lucknow.
Yes, the UPPCB has exempted 221 industries that fall in the non-polluting industry category.
Consent to establish (CTE) and Consent to Operate (CTO) are to A Consent to Establish CTE is a certificate of establishment given to a company by the U.P. Pollution Control Board, declaring that the entity is observing all possible environmental protection measures as per the Water and Air Acts respectively and the industry is approved for setting – up manufacturing operations. A Consent to Operate (CTO) is a license to carry out the manufacturing and production activities of the business provided by the concerned State Pollution Control Board (SPCB) of the state where the company is situated. The UPPCB and other allied and subsidiary pollution control authorities are responsible for examining, inspecting, granting, and renewing CTO and CTE NOCs in the state of U.P.
Based on the guidelines set out by the MoEFC, the UPPCB has categorized industries into four major categories based on their pollution levels and products being produced: red, orange, green, and white. Red is the most polluting category, and white signifies no pollution.
An online NOC from UPPCB is valid for a period of 5 years in case of red-category and ten years in case of orange/green-category industries, whereas white-category industries are not required to obtain an online NOC from UPPCB. Post-expiry of the NOC, the same has to be renewed by repeating the same online registration process.
The fees applicable for an online application for NOC from UPPCB or obtaining a CTO/CTE depend upon the capital investment (in lakhs) as well as the capital invested in the business. The Consent Fee Calculator available on the OCMMS portal of UPPCB automatically calculates the fees applicable to your application.
The UPPCBB usually updates the status of the CTO/CTE NOC application within 120 days (4 months).
The UPPCBB usually updates the status of the CTO/CTE NOC application within 120 days (4 months).
Are the following documents and details about your business and yourself required for the purpose of making an online application for NOC from UPPCB?
1. Authorized Government ID, PAN, Aadhar, etc., of the owner of the factory, manufacturing unit, or plant.
2. Site Plan and Factory Layout of the production or manufacturing unit for which the DPCC online registration is being made.
3. Ownership proof, such as lease deed, rent agreement, etc., of the Factory Site
4. GSTIN Certificate of the business
5. Corporate documents of the company – MOA, AOA, Partnership or LLP Deed, Ownership agreement, incorporation certificate, CIN, DIN, etc.
6. CA Certificate, approving the total cost and viability of the project
7. Clearance documents from the Municipal Corporation
A total of Entities 34 engaged in industries such as manufacturing, health care, E-waste Management, dairy milk and food and vegetable processing, pulp and paper, aluminium, Solid waste management, Hazardous chemicals, and heavy metals, etc are required to have a valid CTO/CTE registration as per the UPPCB.
No, since UPPCB is a State Pollution Control Authority, it is not authorized to permit certain kinds of industries, such as nuclear power, river-valley projects, large ports, harbours and airports, synthetic rubber, asbestos, bulk drugs and pharmaceuticals. Permission for these industries can be obtained from the Central Government.
The process to make an online application for obtaining an NOC from the UPPCB is defined as follows –
• Make an online application on the OCMMS Portal of UPPCB and register for new users.
• Selecting NOC/License type and specifying category, unit, and industry type, details of the industry and factory unit, and details of the applicant.
• Submit all relevant documents, disclosures, and licenses required for the purpose of making an online application for NOC from UPPCB.
• Payment of request license fees on the online portal.
• Provide clarifications and objections raised by the regional office after the inspection of factory premises or manufacturing units.
• Wait for the examination and process by the Board officials and subsequent approval/ rejection of the application. Once the application is approved, the Certificate cum NOC is issued by the UPPCB.
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