Overview of NOC Pollution Control Board
Consent to Operate is necessary before carrying out any action at the industrial plant or activity. For all categories of Industries and Projects, every State Pollution Control Board has prescribed a Performa for obtaining consent to operate. The industries required to obtain consent to operate for NOC from the Pollution Control Board to operate an outlet under the Water (Prevention and Control of Pollution) Act, 1974 and to operate an industrial plant under the Air (Prevention & Control of Pollution) Act, 1981.
It is also equally important to renew the consent to operate by the Pollution Control board is required where any new project promoter and existing industry expand its industrial activities or makes any technological changes in the manufacturing process. The NOC is essential in order to modernize its industrial plant, resulting into increase in the air and water pollution load, under the provisions of the Water Pollution Act, 1974 and Air Pollution Act, 1981. The entrepreneur is mandatorily required to file an application for renewal of 'consent to operate' after the expiry of the same.
Some of the industries which are being established or established have been exempted for the list for obtaining the Consent or NOC for the Pollution Control Board. The exemption from obtaining NOC is provided on some specific criteria and according to the industry's steps to control the hazardous activities.
What are the types of NOC required?
Mainly two types of consent are required by business owners:
- Consent to Establish (CTE):
It is the primary level of permission required from the Pollution department in order to establish any business unit with keeping in mind all level of Pollution aspects (Water/AIR/Noise) as per the Pollution Act.
- Consent to Operate (CTO):
It is the second level of permission required from the pollution department in order to make sure the business unit avoids any level of pollution (Water/Air/Noise) while running the operation.
Functions of the Central Pollution Control Board
- Advise Central Government on matters regarding prevention and control of pollution.
- Co-ordination with the State Pollution Control Board
- Guidance and Technical Assistance to State Boards
- Organizing various Training Programs
- Conducting a Comprehensive Programme
- Monitoring functions of the State Pollution Control Board
- Publication of Statistical and Technical Data
- Laying down the Standard for wells and streams in the villages
- Implementation of several schemes and programs at National Level
Functions of the State Pollution Control Board
- Scheduling Comprehensive Programs
- Advisory Functions for prevention and maintaining environment
- Dissemination of Information related to pollution and its prevention
- Investigation and research the areas to encourage pollution control
- Arranging Training Programs
- Inspection of sewage and trade effluents plants
- Standards for causing a discharge of water
- Economic methods of treatment of sewage
- Methods Regarding Utilization of sewage
- Methods for disposal of sewage
- Standards for treatment of sewage
Conditions for exemption from obtaining NOC from Pollution Control Board
The exemption is granted from obtaining the Consent of the Pollution Control Board under provisions of the Water (Prevention & Control of Pollution) Act, and Air (Prevention & Control of Pollution) Act, and Hazardous Waste (Management & Handling & Transboundary Movement) Rules, 2008, if the unit satisfies the following conditions:
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:
1. Technical report on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP).
2. 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)
What is the Registration Procedure to obtain NOC from Pollution Control Board?
- Under the pollution Control Laws, all types of industrial units, required to obtain consent to establish (No Objection Certificate) before establishing. For this purpose, every State Board has prescribed an application format.
- Industries have to first to submit an application and attach necessary documents pertaining to information such as proposed pollution control plans, site details, and other registration certificates from the Industry Department, etc.
- The final application shall be submitted to the General Manager, District Industrial Centre or Member Secretary, Pollution Control Board, or Regional Officers of every State Pollution Control Board.
- For simplifying the process of Obtaining Consent or (NOC), the Board has decentralized the power of issuance of this certificate. It has delegated to the State GM, DIC, and Regional officers.
- The application has to be disposed of within 4 months from the date of receiving of the application to the Pollution Control Board. It is further examined while disposing of the application that if there is an industry arrangement for purification and the flow treatment is being disposed of according to standards lay down by the Pollution Control Board.
- The registration certificate is then granted to industry to carry out the business, and they required renewing the certificate before its expiration to avoid the penalties.
Renewal of Consent to Operate
State Pollution Control Board Shall Renew Of Grant Consent To Operate To All The Existing Industries NOT Having Any Hazardous Process
- Project Applicants And Industries Must Be Required To Submit A Building Plan Prepared
- Examine The Certificate Of Consent/ Authorization Of The State Pollution Control Board
- Grant Consent And Authorization
What are the Penalties Associated?
Rule 25(2) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 states that an occupier and the operator must be liable to pay financial penalties as levied in case of any violation of any provisions under the rules laid by the State Pollution Control Board with prior approval of the Central Pollution Control Board.
According to Section 15 of the Environment (Protection) Act, 1986, lays down provision for penalty for contravention of any provisions of the Act and the Rules, orders and directions issued thereunder. The same is reproduced below:
- Whosoever fails to comply with or contravenes with any provisions of this Act, or the rules made or orders or directions issued thereunder, will be liable for the imprisonment for the term of six months which further may extend to five years or with fine which may extend to one lakh rupees, or with both. In case the failure or if the contravention continues, then an additional fine will be levied which may be extended to Rs, 5,000 for every day during such failure or contravention continues after failure or contravention of first conviction.
- Suppose the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction. In that case, the offender shall be punishable with imprisonment for a term which may extend to seven years.
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What are the Categorizations of Industries?
- The Central Pollution Control Board (CPCB) has categorized industrial sectors/ projects under Red, Orange, Green and White categories. Those are 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.
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
- 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
- Raw skins and hides
- Pulp, paper and newsprint
- Foundries (individual)
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:-
Category of Industries
Validity of Consent to Operate Period
Red (Large and medium and small industries)
Orange (Large and medium and small industries)
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:
Category of Industries
Validity month (up to)
End of March
End of September
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.
Frequently Asked Questions
Select "industrial login" enter a user id and password with captcha code and click login. Then it will ask for change password. Create a new password and save the password. Now, Select the industrial login to enter the User Id and password. Here user can apply the consent application by clicking on "apply for a consent".
If user wants to save this application in his account for making some changes in application, user needs to save this application by selecting "In progress". But if user thinks the application is complete, then user can select button "completed" and followed by "save". Then application will be submitted to the board with respective Regional Officer.
Consent for Establishment under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 is required for setting up of an industrial unit and Consent for Operation (CFO) for starting operations.
The state board issues NOC for site clearance, then Ministry of Environment & Forest, Government of India issues final environmental clearance.
The renewal of consent to operate by the State Pollution Control board is required when any new project and any existing industry wants to expand its industrial activities or makes any technological changes in the manufacturing process.
If the industry will not discharge any toxic or hazardous wastes and will not handle any toxic or hazardous chemicals, and then the exemption is granted.
For Non-Polluting Industries, NOC is obtained for a lifetime, and it is granted immediately. For Polluting industries other than Highly Polluted Industries, NOC is obtained for 5 years, and it is granted within 1 month. For Highly Polluting Industries, NOC is obtained for 1 year, and it is granted within 4 months.
The mandatory function of the Central Pollution Control Board is to set environmental standards in India, lay down ambient standards, and co-ordinate with activities of State Pollution Control Boards.
YES, for setting up new industries or to change in a production process or any type of modernization or capacity enhancement, the provision has been made that the industry must have to obtain No Objection Certificate NOC from Pollution Control Board.
The environment has a certain capacity to absorb pollutants without adverse impact. The environment is affected by the level of pollution that exceed this capacity. The standards are fixed at the threshold, where the pollutants released by the industries do not lead to such a situation. Hence, these standards are stipulated to regulate release of pollutants into the environment so as to protect the overall quality of environment.
Yes, It depends on choosing right process technology. With on-going research and development of new process technologies and raw materials, there is scope for waste reduction/prevention.
Local Bodies are also responsible for treatment and safe disposal of Municipal Solid Waste and sewerage as per the provisions of law and the stipulated standards. Sewage Treatment Plants and Solid Waste Disposal Facilities have to obtain the Consent/Authorization from SPCB to operate as per the conditions stipulated in Consent/Authorization.