{"id":44712,"date":"2022-06-23T15:22:01","date_gmt":"2022-06-23T09:52:01","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=44712"},"modified":"2024-05-24T14:35:21","modified_gmt":"2024-05-24T09:05:21","slug":"air-and-water-consent-under-air-and-water-act","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/air-and-water-consent-under-air-and-water-act\/","title":{"rendered":"Air and water Consent under Air and Water Act"},"content":{"rendered":"\n

Setting up an industry in India, although simple, is still considered a lengthy process where acquiring many approvals from state authorities proves to be a confusing and tiresome task. One of such approval that almost all industries require is Air and Water consent from the State Pollution Control Board<\/strong><\/a>, which Air and Water Act mandate. These legislations make it compulsory for Industries to acquire Air and water consent from authorised departments even though the units are covered under Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, E-Waste (Management) Rules, 2016, Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016.<\/p>\n\n\n\n

Air and Water (Prevention and Control of Pollution) Act,\n1981<\/h2>\n\n\n\n

In order to\nprevent and control ever-increasing water and Air pollution, the Water Act,\n1974 and The Air Act, 1981 were enacted under which state pollution control\nboards were constituted as per Section 3 and 4. These Acts provide for the not\nonly establishment of the boards but also provide functions per which these\nboards operate.<\/p>\n\n\n\n

The Water Act,\n1974, under Section 25, provides a grant of consent form from State pollution\nControl Boards which is mandatory for every industry and unit to obtain before\nit is established. This is also stipulated under Section 21 of The Air\n(Prevention and Control of Pollution) Act, 1981. These Air and Water Consent\nforms are given to industries as per their categories and pollution index.<\/p>\n\n\n\n

The MoEFCC has\ncategorised the industries according to the Pollution Index, which is a unit\ndenoting the amount of emission, effluents, and hazardous waste are generated\nin the Industries.    <\/p>\n\n\n\n

The Different\ntypes of categories of industries specified by Pollution Control Boards are:-<\/p>\n\n\n\n

White Category-<\/strong> Industries having the least amount of\npollutants released is up to 20. The industries that are under white categories\nare not required to obtain Consent to operate. They just require the simple\ninformation to be sent to SPCB\/PCC.<\/p>\n\n\n\n

Green Category-<\/strong> Industries having a pollution index of 21 to 40\ncome under the green category.<\/p>\n\n\n\n

Orange Category-<\/strong> Industries that have a higher pollution index\nof between 41 to 59 are categorised in Orange Category. Orange category include\nLime manufacturing units, glass-making industries, Pharmaceutical formulation\netc.<\/p>\n\n\n\n

Red Category-<\/strong> Industries coming under the Red category are\ncategorised as producing maximum amount pollution with the highest pollution\nIndex score of 60 or above. They are industries are banned from any ecologically\nfragile area\/protected area.  <\/p>\n\n\n\n

Types of Air and Water Consent Provided<\/h2>\n\n\n\n

As per the provisions under the Water and Air Act, “<\/em>any industry, operation or process or an extension and addition thereto, which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air pollution into the atmosphere will have to obtain the Consent.”<\/p>\n\n\n\n

Therefore to start\nany industry, the manufacturer has to mandatorily acquire two types of Consent\none is Consent to Establish and the other is Content to Operate.<\/p>\n\n\n\n

Air and water Consent to establish<\/h3>\n\n\n\n

The manufacturers,\nas per guidelines, should obtain the required Air and water Consent to\nestablish as the primary step into establishing the industry or operating\nunits.<\/p>\n\n\n\n

Applying for\nConsent to establish the manufacturer is required to register through the\nonline consent management and monitoring system (OCMMS) of the concerned. <\/p>\n\n\n\n

 State\nPollution Control Boards. The application submitted should have all the\nrequired information along with the documents mandated to be attached with the\napplication, which is then followed by a mandatory inspection of the unit by\nthe officer of the Pollution Control Committee.<\/p>\n\n\n\n

The inspection of\nthe units is accompanied by the review by the respective committee, after which\nthe committee takes the decision.<\/p>\n\n\n\n

But in case the\nowner of the industry is unable to establish the industry within the requisite\ntime, then the manufacturer is required to apply for the extension of the\ncertificate one month after the expiration of the certificate. Which will be\nissued after the concerned officer has completed his inspection.<\/p>\n\n\n\n

Documents required for Consent to Establish   <\/h3>\n\n\n\n
    \n
  1. Site plans\n with images depicting the distance between the proposed site and the\n nearest residential area and water body <\/li>\n<\/ol>\n\n\n\n
      \n
    1. The SSI\n Certificate of Partners<\/li>\n\n\n\n
    2. The layout\n design shows the drainage\/pipeline and final disposal point for waste\n water.<\/li>\n\n\n\n
    3. The\n Collection, disposal, and storage of the solid waste<\/li>\n\n\n\n
    4. Total\n available land in industrial complex for Green Belt Development,\n landscaping, and other purposes.<\/li>\n\n\n\n
    5. A\n qualified professional make building blueprints with machinery details.<\/li>\n\n\n\n
    6. Total area\n constructed <\/li>\n\n\n\n
    7. The\n project report have production process information, process flow diagram,\n chemical formulas, effluent, emission, and hazards\/solid waste source.<\/li>\n\n\n\n
    8. water\n balance and Water usage breakdown <\/li>\n<\/ol>\n\n\n\n
        \n
      1.  Flow Diagram and Effluent \/ Sewage\n Treatment Plant Specifications <\/li>\n\n\n\n
      2. Boiler\n type, fuel used, and quantity<\/li>\n\n\n\n
      3. Air\n pollution controls Specifications <\/li>\n\n\n\n
      4. DG\n Specifications<\/li>\n\n\n\n
      5. Raw\n material list with daily and monthly quantity<\/li>\n\n\n\n
      6. Product\/by-product\n list with daily and monthly quantity<\/li>\n\n\n\n
      7. a Material\n Safety Data Sheet is required in the case of chemical industries, <\/li>\n\n\n\n
      8. Permission\n from the state’s groundwater authority.<\/li>\n\n\n\n
      9. for\n healthcare facilities, Pharmaceutical units Common Biomedical\n WasteTreatment Facility Membership Letter is required .<\/li>\n<\/ol>\n\n\n\n

        Air and water Consent to operate<\/h3>\n\n\n\n

        Air and water\nConsent to operate is required by the owners when the industry is established\nas per the stipulated norms under the Water\n(Prevention & Control of Pollution) Act, 1974<\/strong>[1]<\/strong><\/a><\/sup> and the Air Act, 1981<\/strong>[1]<\/strong><\/a><\/sup>, along with this have received Consent to establish, and the\nunit is ready to operate.<\/p>\n\n\n\n

        The process to\nfile for Air and water Consent to operate involves filling out the mandated\napplication form available online at the site of concerned state pollution\nauthorities is to be filled and uploaded within mandated guidelines. After\nthis  the documents mandated, along with\nthe fees, are to be submitted on the website.<\/p>\n\n\n\n

        Once the document\nand fees are uploaded, the submitted application is sent to authorised\npersonnel for review which is then followed by site inspection and\ndocumentation of a detailed analysis report which is submitted to the\nsub-regional officer. At last, the application is either approved or rejected.<\/p>\n\n\n\n

        Once the Air and\nWater consent to operate is granted, the certificate remains in operation for a\nperiod of 5 years for the red category, ten years for the orange category and\n15 years for the green category. For Consent to operate, renewal is to apply\nthrough Online Consent Management & Monitoring System before the expiration\nof previous Consent to operate.<\/p>\n\n\n\n

        The Air and Water\nAct also states the penalty in case any industry falling into green\/orange or\nred is operating without obtaining Consent. The penalty includes imprisonment\nfor a term which may extend to 3 months or a fine which may extend to ten\nthousand rupees or with both. The manufacturer or the industry owner is held\nliable for the punishment.<\/p>\n\n\n\n

        Documents required to obtain DPCC Consent to operate<\/h3>\n\n\n\n
          \n
        1. Authorisation\n Letter<\/li>\n\n\n\n
        2. Pan Card\n and the Aadhar Card<\/li>\n\n\n\n
        3. Municipality\n or Industry license<\/li>\n\n\n\n
        4. Health\n Trade License<\/li>\n\n\n\n
        5. Factory\/Trade\n License<\/li>\n\n\n\n
        6. Proof of\n Registration of unit<\/li>\n\n\n\n
        7. CA Letter\n on the total cost of the project<\/li>\n\n\n\n
        8. Site Plan<\/li>\n\n\n\n
        9. FSSAI\n Certificate (for food-related business)<\/li>\n\n\n\n
        10. Electricity\n Bill<\/li>\n\n\n\n
        11. Proof of\n ownership<\/li>\n\n\n\n
        12. Water Bill<\/li>\n\n\n\n
        13. GST\n certificate<\/li>\n\n\n\n
        14. Environmental\n statement (form-V)<\/li>\n<\/ol>\n\n\n\n

          Along with this\nManufacturer, for Consent to operate, also have to show a Copy of the last\nConsent (Consent to establish), the Layout plan for the manufacturing process\nand the latest analysis report of solid waste effluent, hazardous waste and\nfuel gases.<\/p>\n\n\n\n

          Conclusion<\/h2>\n\n\n\n

          With the constant increase in the pollution caused by industries, it is very important to put the onus of responsibility on the manufacturers to keep the effluents and emissions in check, which makes the Air and Water Consent Certificate make aware the producers of their responsibilities as well as their responsibilities towards the environment.<\/p>\n\n\n\n

          Read Our Article<\/b>:Consent to Establish and Consent to Operate from SPCB<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"

          Setting up an industry in India, although simple, is still considered a lengthy process where acquiring many approvals from state authorities proves to be a confusing and tiresome task. One of such approval that almost all industries require is Air and Water consent from the State Pollution Control Board, which Air and Water Act mandate. […]<\/p>\n","protected":false},"author":39,"featured_media":44715,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[901],"tags":[2447],"acf":{"service_id":"489"},"authorName":"Muskaan Verma","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2022\/05\/MicrosoftTeams-image-14.jpg","authorDescription":"Muskaan has completed her BA.LLB and LLM, gaining vast legal knowledge and expertise. She has keen interest in legal research and content writing, having prior experience of publishing numerous research papers in international journals on Environmental Laws and Corporate Laws.","postViews":14805,"readingTime":5,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/44712"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/39"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=44712"}],"version-history":[{"count":4,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/44712\/revisions"}],"predecessor-version":[{"id":64405,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/44712\/revisions\/64405"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/44715"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=44712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=44712"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=44712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}