As per the  Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, a person establishing any industry or process that discharges effluent or emits pollutants into the environment (land, water or air) is required to obtain consent to operate(CTO). The West Bengal Pollution Control Board requires all units starting operations in West Bengal to obtain a NOC called the Consent to Operate (CTO) after getting the consent to establish. Based on the pollution and hazard potential of the industry, the West Bengal pollution control board consent to operate is granted into Red, Orange and Green categories. Once the industry is established along with the required pollution control systems, the entrepreneur must obtain consent to operate the unit. This consent is given for a particular period, which must be renewed periodically. West Bengal pollution control board consent to operate is awarded for 7 years for Green Category and 5 years for Orange and Red category industries. The industry needs to renew the West Bengal pollution control board consent to operate before the expiry of the NOC.
The NOC issuing Authority for the West Bengal pollution control board consent to operate
The consent issuing authority of the West Bengal pollution control board consent to operate depends on the category in which the NOC is to be issued. The NOC issuing Authority for the West Bengal pollution control board consent to operate is as follows.
- For Small Scale Green Category industry, the GM, DIC, Sub- DIC or the officer in charge is the consent issuing authority.
- For Small and Medium Scale Orange and Red category industry (other than EC attraction unit) and for Medium scale Green Category Industry the Regional Office (RO) of WBPCB will be the consent Issuing authority for both new applications and renewals.
- For EC attracting units, the O&E cell of the WBPBC will be the consent issuing authority
- For Brickfield units, the DL and LRO will be the consent issuing authority, while for the Stone crushing industry, the BDO and SDO will be the consent issuing authority.
Location Policy applicable under the West Bengal pollution control board consent to operate
Apart from the type of industries categorised by the CPCB, there are some location policies and site restrictions for Red, Orange and Green category industries in the state. For issuing the West Bengal pollution control board consent to operate, the WBPCB will inspect the site and oversee its compliance with environmental laws.
Location Policy for Red Category Industries
No red category industry is permitted within the municipal areas of Kolkata Metropolitan Area[1] (KMA) and within municipal areas of the Burdwan district (except Jamuria Industrial Estate). However, a red category industry can be set up beyond the municipal areas of KMA and Burdwan district with an adequate pollution abatement system subject to site clearance by the local authority. However, few of the notified industries under the red category may be considered within KMC and Burdwan but will be location-specific.
Location Policy for Orange Category Industry
Orange category industry is not permitted within Kolkata Municipal Corporation (KMC) and Howrah Municipal Corporation (HMC) areas (except industrial estates in KMC and HMC area) as per the guidelines issued by the WBPCB. However, such an industry can be set up beyond the KMC and HMC areas and industrial estates in KMC and HMC areas with adequate pollution control measures subject to site clearance by the local authority. However, a few of the notified industries in the orange category can be considered within KMC and HMC but will be location-specific.
Location Policy for Green Category Industry
Setting up a Green category industry is permitted in any area of West Bengal as per the guidelines issued by WBPCB, provided that it has adequate pollution control measures and is subjected to site clearance by the local authority. However, for a few of the notified the Green category industry, the consideration for siting will be location-specific and decided by the Board.
Location Policy for White Category Industry
There is no necessity to obtain West Bengal pollution control board consent to operate
for the White Category of industries. A simple intimation to WBPCB is sufficient. However, it may be noted that some specific white category industries are not permitted in municipal areas and congested areas of West Bengal.
Process for West Bengal pollution control board consent to operate
For applying for West Bengal pollution control board consent to operate, the following procedure needs to be followed
Submitting the Application
WBPCB has streamlined the application process for different categories of industries. The applicant needs to identify their category and fill the respective application form with all relevant information and documents.
Fee for West Bengal pollution control board consent to operate
Application Fee for the West Bengal pollution control board consent to operate can be submitted in offline or online mode and is decided by the WBPCB as per the category in which the particular industry falls.
Documents needed for obtaining West Bengal pollution control board consent to operate
The following documents are needed by the West Bengal pollution control board consent to operate.
- Any land related document (rent agreement, porcha, lease document, rent receipt, land deed as applicable)
- Gross Capital Investment Certificate (Self-certified undertaking)
- Self-certified site plan/layout along with road map/route map
- A detailed report of the project along with details of emission, effluent, solid waste management plan, raw materials, finished products, and manufacturing process, including a list of machines.
- Copy of Consent to Establish (NOC) Certificate
- Test Reports for emission/effluent (done within the last year)
Inspection of the unit for West Bengal pollution control board consent to operate
- Before granting the consent to Operate certificate and renewal, the WBPCB inspects the site and verifies the information declared in the application form. The inspection is carried out by the inspecting officer in the presence of the owner or their representative.
- The inspecting officer will collect all the required information in the prescribed inspection report. During Inspection, the inspecting officer can also collect wastewater samples, hazardous waste and ground/ surface water, depending upon the requirement. In the case of a legal sample, the procedure given in the Water (P&CP) Act is followed.
- The inspecting officer shall inform about any non-compliance orally and record it in the inspection report.
- Based on the Inspection Report, the West Bengal pollution control board consent to operate will be issued.
Testing
A few certified laboratories have also been notified for testing the samples for the West Bengal pollution control board consent to operate. The Central Laboratory at Kolkata and five Regional Laboratories at Barackpore, Hooghly, Haldia, Durgapur and Siliguri are authorised to perform quality and standardisation tests needed for the West Bengal pollution control board consent to operate. These labs are also tasked with assessing water quality and conducting various R&D projects in specific areas of interest. WBPCB has also prescribed standard Sampling and Analysis charges which may be needed for the West Bengal pollution control board consent to operate certificates for both fresh and renewal applications.
Renewal for West Bengal pollution control board consent to operate
Renewal application to be submitted 120 days before the expiry of the previous certificate.
Conclusion
Consent to Operate is an important NOC issued by an SPCB/PCC that will ensure the smooth running of the business. New application for Consent to Operate usually requires a comprehensive analysis of the applicable laws and environmental regulations beforehand so that there are no objections raised in the subsequent stages. CTO for fresh and renewal will only be granted after a thorough inspection and testing of the installed machinery, pollution control devices and discharges/ effluents. Therefore knowledge of the applicable procedures and environmental regulations is essential for obtaining a West Bengal pollution control board consent to operate NOC.
