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NOC Pollution Control Board

As per existing Pollution Control Laws, all industries or factories before establishing are required to seek Consent to establish (No Objection Certificate) from the State Pollution Control Board. In India Central Pollution Control Board (CPCB).

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Overview – NOC Pollution Control Board

As per existing Pollution Control Laws, all industries or factories before establishing are required to seek Consent to establish (No Objection Certificate) from the State Pollution Control Board. In India Central Pollution Control Board (CPCB) that operates under the Ministry of Environment, Forest and Climate keep a check on air, water and noise pollution. Additionally, every state in India has its own Pollution Control Board.

CPCB is the apex organization in the country in the field of pollution control. The organization provides assistance to State Pollution Control Boards (SPCBs) by offering them technical assistance and guidance and by resolving disputes among them. CPCB was established in 1974 under the Water (Prevention and Control of Pollution) Act, 1974. The CPCB is also entrusted with the powers and functions under the Air (Prevention and Control of Pollution) Act, 1981.

According to the provisions of Water (Prevention & Control of Pollution) Act, 1981 every industry that is discharging the waste to river/ ground/ sever has to necessarily obtain Consent from State Pollution consent Board. Industries before beginning their operations also have to seek Consent from State pollution Consent Board under Air (Pollution & Control of Pollution) Act, 1981. Similarly as per Hazardous Waste (Handling and Management) Rules, industries or processes which generates any hazardous waste must obtain authorization from State Pollution Control Board.

Types of NOC or Consents

Generally, Industries have to apply for three types of consents, namely:

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

Categorization of Industries

  • The Central Pollution Control Board (CPCB) has categorized industrial sectors/ projects under Red, Orange, Green and White categories based upon their pollution potential and range of pollution index for the purpose of consent management under Water (Prevention & Control of Pollution) Act, 1974, Air ( Prevention & Control of Pollution) Act, 1981.
  • Industries categorized under Red, Orange and Green category are covered under consent management for obtaining Consent to Establish (CTE) and Consent to Operate (CTO) under Water Act, 1974 and Air Act, 1981.
  • Industries which fall under the White category are exempted from Consent Management for obtaining Consent to Establish (CTE) and Consent to Operate (CTO) under Water Act, 1974 and Air Act, 1981. Industries which fall under White category simply have to intimate the State Pollution Control Board within 30 days from the establishment of the business. However, the white category industries will have to provide pollution control devices where ever required, depending upon their process and activities and these industrial units/projects shall be governed by self-regulatory regime and are not permitted to pollute the environment.

NOC Pollution Control Board

Documents Required for CTO/CTE from State Pollution Board

Following is the list of general documents required for obtaining the consent/authorization of State Pollution Control Board:

  • Compliance report of NOC/ Consent Conditions in annotated form.
  • Completion Certificate of Effluent Treatment Plant or Add-on Pollution Control.
  • Satellite imagery of the project/industry site.
  • Layout plan of the project/industry.
  • Project report including complete details of manufacturing process/raw materials.
  • Investment proof CA/CS certificate/annual report/ Self Certificate.
  • Environmental statement (in case of renewal/expansion).
  • Compliance of Environment clearance conditions (if applicable).

Documents Needed for Water Consent/NOC

  • For Effluent/Sewage Treatment Plant you will have to submit:

    a. Technical report on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP).

    b. Drawing of ETP/STP

  • Treated wastewater analysis reports (in case of renewal/expansion)
  • Point wise compliance of water consent conditions.
  • Water Cess returns (if applicable).

Documents Needed for Air Consent/NOC

  • Technical specifications of Air Pollution Control Arrangements
  • Schematic Diagram of Monitoring Facility (Pot Hole & Plate form with Spiral ladder)
  • Emission analysis reports (in case of renewal/expansion)
  • Point wise compliance of air consent conditions (in case of Renewal/Expansion)

Documents Needed for Authorization of Hazardous Waste

  • Details of SLF/incinerator (if applicable)
  • List of hazardous waste generated
  • Point wise compliance of authorizations conditions (in case of renewal/expansion)

Procedure to Obtain Consent to Establish and Consent to Operate - NOC from Pollution Control Board

The new industrial units/products after installation of their project are required to obtain Consent to operate under Water Act, 1974 and Air Act, 1981 before starting even trail production. Following process needs to be followed to obtain Consent to operate and Consent to Establish:

  • You will have to submit an application through an online portal of your State Pollution Control Board along with requisite fees as prescribed by the Board. Payment can be made through online gateways.
  • Required Documents as per the checklist, compliance of conditions of CTE and Environmental Clearance (If applicable) should be submitted online as well.
  • Next, an inspection of the industry will be carried out by the authorized officer to check the status of installation of pollution control measures before commissioning of the production in the unit and before giving 1st CTO.
  • The authorized officer will conduct an inspection of the unit within three months of the grant of 1st CTO to collect samples of effluent/air emissions/noise in case sampling is required.
  • If the analysis report of samples of effluent/air/noise collected from the unit is found in compliance with the standards prescribed under EP Rules, 1986, the 1st CTO granted will remain valid for the period consent has been granted.

Category of Industry Identified as Requiring Consent to Establish (CTE)

Following is the list of entities which have to apply for CTE/CTO before commencing the industrial operations:

  • Manufacturing Entities
  • Health Care Institutions
  • E-waste management entities
  • Solid waste management entities
  • Hazardous waste management entities
  • Battery waste management entities
  • Plastic waste management entities
  • Bio-Medical waste management entities

Projects Requiring Environmental Clearance from Central Government

The Ministry of Environment & Forest has identified 29 types of industries which are required to submit an environmental impact assessment report. Following is the list of projects requiring Consent from the Ministry of Environment and Forest:

  • Nuclear Power projects and processing of nuclear fuel.
  • River valley projects including hydro power etc.
  • Ports, Harbors, Airports (except minor ports and harbors).
  • Petroleum Refineries including crude and product pipelines.
  • Chemical fertilizers
  • Pesticides
  • Petrochemical complexes
  • Bulk drugs and Pharmaceuticals
  • Offshore and Onshore oil and gas exploration, development and production.
  • Synthetic Rubber
  • Asbestos milling and Asbestos based products
  • Hydrocyanic acid and its derivatives
  • Primary metallurgical industries
  • Chlor-alkali industry
  • Integrated paint industry
  • Viscose staple fiber and filament yarn
  • Mining of minerals
  • Storage Batteries integrated with the manufacture of oxides of lead.
  • All tourism projects between 200m-500m of high line or at locations with and elevation of more than 1000 meters with investment of more than Rs 5 crores.
  • Thermal Power plants
  • Highway projects
  • Tarred Roads in Himalayas and/or Forest areas
  • Distilleries
  • Raw skins and hides
  • Pulp, paper and newsprint
  • Dyes
  • Cement
  • Foundries (individual)
  • Electroplating

Validity Period of Consent to Operate Granted by State Pollution Control Board

Validity period of Consent to Operate for different category of industrial sectors/projects under Water Act, 1974 and Air Act, 1981, will be as under:-

SR.NO.

Category of Industries

Validity of Consent to Operate Period

1

Red (Large and medium and small industries)

5 years

2

Orange (Large and medium and small industries)

10 years

3

Green

Varies from state to state (between 7-15 years)

Applicants shall apply for consent with full fees for the entire duration of Consent to Operate. Further, the applicant shall renew Consent/Authorization for the Unit at least one month before the expiry of the validity period.

The consent to operate granted shall have the validity ending as indicated in the table below:

SR. NO.

Category of Industries

Validity month (up to)

1

Red

End of March

2

Orange

End of September

3

Green

End of December

After obtaining the consent o State Pollution Control Board, the authorized officer will conduct an inspection of the Unit within three months of the grant of 1st CTO to collect samples of effluent/air emissions/noise in case sampling is required. If, the industry is found in violation of the conditions of the consent granted, the industry would be liable for action under the provisions of the environmental laws, including revocation/ cancellation of consent granted to it.

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