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Soumya Bajpai
| Updated: 27 Aug, 2020 | Category: Pollution Control Board

Renew Pollution Control Board Certificate: How to obtain Consent to operate?

Renew Pollution Control Board Certificate

Renewal of consent to operate by the State Pollution Control board is required where any new project and any existing industry wants to expand its industrial activities or makes any technological changes in the manufacturing process. To modernize its industrial plant, it would result in an increase in the air and water pollution, which is punishable under the provisions of the Water Pollution Act, 1974 and Air Pollution Act, 1981. The entrepreneur or businessman is mandatorily required to file an application for renewal of ‘consent to operate’ after the expiry of the same.

Guidelines for industries to obtain consent to operate from the State Pollution Control Board

  • State Pollution Control Board shall continue to grant its consent to operate (CTO) to all the existing industries not having any hazardous process. It also grants to existing and operating in non-designated industrial areas prior to the date of the notification of Master Plan provided the industry complies with the prescribed norms for the discharge of effluent and emissions.
  • The project applicants and industries must be required to submit a building plan prepared and duly authenticated by the Director of Factories/ Chartered Engineer/ Chartered Architect/ as may be authorized to do so under provisions of section 3-A of the State Factory Rules, 1952. A list of the Chartered Architects notified by the Department of Factories is available on the Department of Factories website.
  • The State Pollution Control Board has implemented an e-governance system for its authorization and consent management. All requisite details will require to be submitted by the applicant online. They would be able to download the certificate of consent/ authorization of the State Pollution Control Board soon after the approval from a competent authority.
  • For the facilitation of industries, the State Pollution Control Board must accept NABL accredited private laboratories’ analysis results to grant consent and authorization.

Read our article:Concept of Hazard Analysis & Critical Control Point: HACCP Certification

How to Renew consent to operate?

Renew consent to operate

Fee structure

Fee for the NOC as prescribed by the NOC Pollution Control Board can be varied from project to project depending on a formula- Fixed Cost + Current Cost – Current Liabilities. This fee depends upon the category of the business applying for the renewal of consent.

Documents Required for Renewal

Documents required for renewal and extension of Consent to Operate (CTO) given by the State Pollution Control Board for Application for renewal and extension of consent to operate under Water Act, 1974 Air Act, 1981 for a red or orange category. The information will be submitted along with the consent application form for speedy processing are as follows:

For consent to establish

  • Site plan or index
  • A Topographical Map
  • Detailed layout plant of the different processes and point sources of effluent discharge or emissions and position of the stack
  • Documents including D.G. set capacity in KVA.
  • Process flow sheet
  • Details of the Water Pollution Control and Air Pollution Control devices are proposed to be provided.
  • Ambient Air Quality Report
  • SSI Certificate and NOC from Directorate of Industries Government of Maharashtra
  • D.G.T.D. Registration
  • Details of chemical reactions with the mass balance
  • Consent fees in the form of D.D. drawn in favor of MPCB.
  • Local body NOC
  • Undertaking on the Rs. 20 stamp paper or Chartered Accountant certificate about the proposed Capital Investment (Land, building, and machinery.

For the Consent to Operate and Renewal

  • Detailed layout plant of the different processes and point sources of effluent discharge and emissions and position of the stack
  • Documents including the D.G. set capacity in KVA.
  • Process flow sheet
  • The latest analysis report of effluent, fuel gases, solid waste & hazardous wastes
  • Details of  the Water Pollution Control and the Air Pollution Control devices provided
  • Ambient Air Quality Report
  • SSI Certificate/NOC from Directorate of Industries
  • D.G.T.D. Registration
  • Details of chemical reactions with the mass balance
  • Consent fees in the form of D.D. drawn in favor of MPCB.
  • Xerox copy of the previous consent (for renewal purposes)
  • Xerox copy of the Environmental Clearance of Government of India in case of 1st consent to operate in case of industries and processes requiring environmental clearance.

Application for Renewal and Extension of Consent to operate under Water Act, 1974/ Air Act, 1981 for Red/Orange Category

  • Compliance report of previous consent conditions in annotated form.
  • Analysis Report of effluent and emission form Board’s/Approved Lab.
  • C.A.’s certificate regarding the un-depreciated value of the industries fixed assets at the end of the last financial year.

Application for Renewal/ Extension of Consent to operate under Water Act, 1974/ Air Act, 1981 for Green Category

  • Compliance report of previous consent conditions in annotated form.
  • C.A.’s certificate regarding the un-depreciated value of the industry’s fixed assets at the end of the last financial year.

List of the documents attached along with the CTE, CTO and Authorization applications

  • Industry Inspection Report
  • Procedure for Carrying Out Inspection
  • Application Process flowchart of Board
  • Flowchart of MSW & Biomedical Waste
  • Application for authorisation / Renewal for collection /Reception/ Treatment/ Transport/ Storage/ Disposal of Hazardous Wastes –
  • Hazardous wastes- Form 1                   
  • Reprocessing/Recycling- Form-5
  • Application for authorisation/ Renewal for generation/ Collection/ Reception/ storage/transport/treatment and disposal of bio-medical wastes
  • NOC Form 3
  • Water cess Form 4
  • Consent application form for water
  • Consent fees revision Water Act
  • Consent application form for air
  • Consent fees revision Air Act

Conclusion

The Ministry of Environment & Forest[1], Government of India, has identified the industries that are required to submit an environmental impact assessment report. Before an issuance of consent to establish for these types of industries, the State Board must conduct the environmental public Hearing. Relying on the public hearing report, state board issues NOC for site clearance, then Ministry of Environment & Forest, Government of India issues final environmental clearance.

Read our article:Consent for NOC from State Pollution Control Board

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Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

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