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NOC from Maharashtra State Pollution Control Board

Any business entity or an individual engaged in any commercial activity in Maharashtra is required to obtain prior permission from the Maharashtra Pollution Control Board to ensure that it complies with the rules and regulations set by the Maharashtra Pollution Control Board.

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Overview of Maharashtra Pollution Control Board

Maharashtra Pollution Control Board (MPCB) is an authority that is implementing different environmental legislation in Maharashtra. The environmental legislation includes the Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act,1981; Water (Cess) Act, 1977; Environment (Protection) Act,1986; and the rules made thereunder like Biomedical Waste (M&H) Rules, 1988; Hazardous Waste (M&H) Rules, 2000; Municipal Solid Waste Rules, 2000, etc. 

The MPCB was established on the 7th of September, 1970, to function under the administrative control of the Environment Department of the Maharashtra Government. It is an organization that is responsible for the control of pollution in the state of Maharashtra. It implements taxes and fines to control the various types of pollution. 

The industry, operation or process or an extension and medical institutions that discharges, store, handle and transport wastes which pollute the environment have to obtain approval from the Maharashtra Pollution Control Board.  

Maharashtra State Pollution Control Board Consent and Categories

The individual or business entity is required to obtain prior consent from the Maharashtra Pollution Control Board under the Water and Air Act, mainly to set up a business or factory without the intention to cause harm to the human health or the environment. 

There are two types of consent required by them:

  1. Consent to establish 

The consent for establishment is the first and primary level of consent required by the industry, operation or process from the Maharashtra Pollution Control Board, ensuring that the pollution aspects are followed under the Pollution Act.

  1. Consent to Operate

The consent for operation is a secondary level of consent required by the industry or business to obtain from the Maharashtra Pollution Control Board before the commission of industry and for the continuation of discharge of effluents and emissions, ensuring that the pollution aspects are followed under the Pollution Act.

Certain industries are exempted from obtaining these consents. These industries satisfy some of the following important conditions:

  • The industries are established in the "Demarcated Industries Estates".
  • The industries do not have more than Rs. 1 crore on plant and machinery.
  • The industries do not have more than Rs. 2 crores on machinery for hosiery items.
  • The industries do not discharge any air and noise pollution into the atmosphere.
  • The industries do not discharge any hazardous or toxic waste into the water stream and cause water pollution. 

The MPCB has primarily four categories of its consent: Red, Orange, Green and White; on the basis of the pollution index score as follows:

  • Red: industries having a pollution index score of 60 and above
  • Orange: industries having pollution index scores of 41 to 59
  • Green: industries having pollution index scores of 21 to 40
  • White: industries having pollution index score of up to 20

Functions of the Maharashtra Pollution Control Board

The following are the main functions of the Maharashtra Pollution Control Board:

  • To plan the comprehensive program for abatement, prevention, or control of pollution and secure the executions.
  • To collect and disseminate the information related to the pollution and abatement, prevention or control thereof.
  • To inspect the sewage or trade effluent treatment and disposal facility and air pollution control system and to review plans, specifications or any other data related to the treatment plants, disposal systems and air pollution control systems relating to the consent granted.
  • To support and encourage developments in the field of pollution control, eco-friendly practices, waste recycle reuse, etc.
  • To educate and guide the businesses in improving the environment by suggesting the appropriate technologies and techniques of pollution control. 
  • To create public awareness of a clean and healthy environment. 

To attend to the public complaints regarding pollution.

Documents for Maharashtra Pollution Control Board consent

The documents required for filing an application to Maharashtra Pollution Control Board are the following:

  • CA Certificate or Balance Sheet: Capital Investment
  • Flow Diagram: Manufacturing Process (Production details)
  • Industry Registration
  • Land ownership certificate 
  • Detailed Proposal of the pollution control system
  • Udyog Aadhar
  • Aadhar Card and Pan Card of Proprietor, Partner, Director or any key person
  • Partnership Deed or the MOA
  • Flow Chart of Manufacturing Process 
  • Land Papers
  • GST Certificate
  • The Product name and installed capacity 
  • NOC from the Local Authority
  • Other required documents

Procedure for Maharashtra Pollution Control Board Consent

The consent by Maharashtra Pollution Control Board under the Water and Air Act is obtained by fulfilling the following steps:

  • Registration

The industry or business has to register with MPCB before applying for consent. Registration is done after filing all relevant details. 

  • Common Application Form

The industry or business has to fill Common Application Form (CAF). Here the applicant has to provide all the required information. The information may contain his details, including name, contact and address, location details, head office details, industry details, nature of the project, expected total cost, proposed means of financing, details of production, etc. 

  • Documents 

The applicant submits all the relevant documents, including the applicant's identification details (ID), TIN Certificate, and Udyog Aadhar. After submission of all the documents, the applicant has to pay a nominal fee of Rs. 20. 

  • Application for consent

Now the applicant has to apply for the consent of MPCB. The applicant provides details for the consent he wishes to obtain only. Here the applicant mainly has to provide details of himself and the industry. The applicant also has to submit the requisite documents as asked by the MPCB for this purpose. After submission of the documents, the fee is also paid by the applicant. 

  • Grant of Consent

The consent is issued to the applicant by the MPCB once he has followed all the above-mentioned steps correctly.   

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Frequently Asked Questions

The MPCB, under the provisions of the Water Act and Air Act, issues consent to any industry, operation or process or an extension and medical institution that discharges, store, handle and transport substances like wastewater, poisonous gas, noise or any other waste which harms or pollute the environment.

The types of services granted by the MPCB:

  • Consent to Establish 
  • Consent to Operate
  • Renewal of Consent 

The Maharashtra Pollution Control Board is an organization for the control of pollution in the State of Maharashtra.

The main legislatures which are enforced for the grant of consent by the Maharashtra Pollution Control Board (MPCB) are:

  • The Water (Prevention & Control of Pollution) Act, 1974
  • The Air (Prevention & Control of Pollution) Act, 1981

The industries are divided by the MPCB under the red, orange, green and white categories.

The pre-requisite for filing an application for MPCB consent is registration and filing of the Common Application Form (CAF).

The MPCB consent is applied in online mode.

The MPCB has delegated its power to the following authority:

  • Sub-Regional Officer
  • Regional Officer
  • Head of Departments
  • Consent Committee
  • Consent Appraisal Committee

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Satgur Verma

From Lucknow Recently Purchased @GST Registration- Individual/Proprietor