Introduction: Pollution Certification for Your Project
The State Pollution Control Board is the authorized body to grant permission and licenses for the establishment and operation of any Project or Business which generates pollution of different categories (Air, Water, Noise, etc). There are two steps involved in the Licensing process that is Consent to Establish and Consent to Operate; the first one is issued for the construction of the Project and the second one is Consent to operate is issued when the Project is ready to start (after the establishment of the project).
Table of Contents
- Introduction: Pollution Certification for Your Project
- Required Certificates for the Air, Water and Noise Pollution
- Categories of the Project
- Procedure for Licensing of Establishing Projects
- Procedure for Licensing of Operation of the Projects
- What are the Penalties if the Project is being operated without the Consent from the Board
--------------Blog Contact Form-------------
The Water (Prevention & Control of Pollution), 1974 deals with the control of water pollution through the regulation of the quality and quantity of the effluent, the location and amount of discharge of the effluent, the regular monitoring, and quality check conducted by the authorized body of the for the water Control from pollutants emitting industries, projects businesses.
This is the act that deals with the air pollutants causing air pollution, additional through an amendment made in the Air (Amendment) Act, 1987 that deals with Noise pollution which is covered under Section 16(2)(6) of the Act, to combat and control the air pollution. Through this act, the State government has the power to formulate the rules for the control of Air Pollution.
Noise Pollution (Regulation and Control) rules 2000
Noise pollution creates one of the adverse effect on the environment, the noise emitted by industries, Loudspeakers, Construction activities, traffic, and other equipment have an adverse effect on the growth of human beings, it is formulated with the aim to control the excessive noise pollution and ensure an atmosphere for healthy living conditions.
Required Certificates for the Air, Water and Noise Pollution
The Projects/industries that are going to be established must obtain the required certifications for the establishment and running of the Project, these are:
Consent to Establish
The Consent to Establish is required when the Project proponent is going to establish the Project, the Industry or Project must obtain the certification before the establishment of the project to avoid a fine being imposed for establishing the project without obtaining the certifications from the authorities. The State Pollution Control Board of the Concerned location of the project has the authority to grant certification.
Consent to Operate
The Project/Industry which is established under the CTE Certification has to obtain the Consent to Operate certification before the running of the project to avoid penalties being imposed for the illegal operation of the Project. The State Pollution Control Board has the authority and power to run the project. The authorization remains valid for a period of five years after that renewal is required.
Categories of the Project
The Project/Business/Industries are divided into 4 categories as per their pollution level that are Red, Orange, Green, and White
The Hospitals comes under the Red or Orange Categories of business, however, the division is based on the number of bed that is in the Hospital such as hospitals with less than 50 beds will come under Orange Category, and Hospitals with over 100 beds comes under Red category, and Projects or Industries which is having pollution index over 60 categorized under Red Category This is measured according to the quantity of emissions, waste generated and no. of consumer resources, and effluents. However, Hospitals also need to grant permission along with Air, Water, and Noise Pollution Certificate, the certificate for Management of Bio-medical waste generated through the Hospitals, you can get the mechanism at our website.
Procedure for Licensing of Establishing Projects
- The applicant has to open the online portal of the concerned State Pollution Control Board.
- Register yourself through the personal details at the online portal.
- A password is generated through the confirmation of OTP. The Email Id and Password are saved at the portal.
- Go to the home page of the portal and log in through your generated Id and Password.
- Fill out the application form and prescribe the unit of the Project under which it comes.
- Confirm the Certificate which you are applying for and confirm the unit of the project, and government department to whom the application is submitted (state pollution control board), and the Service which you are willing to obtain such as a “Consent to Establish certificate” subsequently submit the application form.
- The payment page will open, pay the required fees, and;
- The application will go to the concerned officials of the business, who will conduct the inspection, and raise the objection to the Project Proponent.
- The approval or rejection of the application is made through the regional office.
- The project Proponent can download the application through the portal of the concerned Department.
- The application might take four months for approval or rejection and Certificate generation.
- A cover requisition letter stating the status of the Industry and activities clearly.
- Copy of the Sale deed/Lease Deed or (Ownership details of the applicant)
- Copy of Memorandum of understanding (MoA) for Public or Article of Association (AoA) of private sector Company or Partnership
- Structural layout plan of the proposed Project and the additional equipment being used, like the location of boiler, generator, outlet location, waste storage (Hazardous & Non-hazardous),
- Schematic diagram showing the water bodies' location, roads around the location, a residential area around the location, monuments, religious location, agricultural lands, etc. which are located around two kilometers from the proposed site of the project.
- A flow chart of the proposed plan of action and procedure for the submission of the manufacturing of the product.
- The means and procedure for waste disposal and management and water management,
- The detailed material balance for the process and project.
- Use of land classification certificate, a certificate granted from the authorized body of the Government.
- The Auditors certificate along with the details for the gross fixed assets of the project being certified by the Chartered accountant, and mentioning the financial provisions for the Pollution Control measures being taken,
- Details of the consent fee to be paid to the Board as per the Air and Water Act;
- Water Clearance certificate obtained from the competent authority;
- The details of the Sewage treatment plant (STP) must contain details of the sewage and methodology being used for the same, details of the layout design mentioning the mode of the disposal of Treated sewage and its adequacy.
Additionally for the Air/Noise Consent
- Comply with the rules and regulations mentioned in the Air Act.
- Regular reporting and monitoring of emissions.
- Comply with the clauses relating to the Air act.
And for the Water consent
- Comply with the laws relating to the water act.
- Reports, analysis, and auditing of the wastewater, and effluents.
- Reports and checks of treatment (water) plants.
The application fee shall be accompanied with the prescribed fee which shall be renewed after one year from the date of issue on a mandatory basis except in cases where the companies are new. The Consent fee shall be varied as per the investment of the Company in its business, which may range from one thousand to 5 lakh rupees.
Procedure for Licensing of Operation of the Projects
- The applicant shall open the State governed State pollution control Board portal.
- Register yourself on the website, using your personal information.
- Get confirmation through the OTP wherein a password is generated.
- Visit the home page of the portal, and put in the login credentials.
- Fill out the application form using your personal information and confirm your unit.
- Select the option to apply for the NOC/Certificate, select the unit (Category of the Project) and the department to which you are applying, then click on proceed, and submit the application form.
- Pay the application fee at the portal through the opening of “Pay your Consolidation Fee”
- After successful completion, the application will go to the Regional office of the Concerned State.
- The RO shall raise questions if there will be any within 7 days and forward the application as per the acceptance or rejection of the application to the State Department.
- The demand letter shall be submitted to the portal including the status of the Project/Industry and the activities undertaken by the industry.
- The details of the capacity of the project and the measured production capacity along with the unit under which it comes.
- Details of the changes being made in the production, waste management, and disposal facilities that differ from the original consent order provided by the authority.
- Details of the changes made in the Projects name, management Board of Directors of the Company.
- Report analysis of the sewage or trade effluent;
- Report analysis of the Noise level, Stack monitoring, and AAQ of the project.
- Hazardous waste compliance conditions.
- A biomedical waste authorization was issued against the unit.
- The updated audit sheet/Balance sheet showing the assessment of the asset and liabilities of the project;
- Detailed status of the mode of payment of the Consent fee as per the Air and Water act.
- Details of the payment of the Water cess billing.
- Details of the system installed monitoring system of the emissions and effluent being generated from the project.
- Details of the zero liquid discharge through the project complying with the Water act.
A similar certificate is required for the renewal of the Consent to Operate License as is required during the first consent to operate licensing. For more detailed inquiries visit our page for Procedure for Consent to operate. Or reach out to us, we offer Services for Environmental Certifications.
Consent to Operate Renewal Procedure
The applicant has to go through a similar process and the applicant needs to be submitted 2 to 4 months before the termination of the operation permission. If the delay occurs and the applicant submits the file after the expiry of the term, the application shall be treated as per Section 25/26 of the Water Act & Section 21 of the Air Act,
The fee varies from project to project according to the valuation of the project that has been established, it entirely depends on the category of project you are applying for. For more information reach out to us.
What are the Penalties if the Project is being operated without the Consent from the Board
The applicant needs to submit the application form before the establishment of the project for the consent to establish the project and a separate form for consent to operate at the time the Project gets ready for production. In case the project is being operated without Consent from the authorities, the Violator shall be penalized with the cost of 10 times more of the application authorization fee.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
BOOK A FREE CONSULTATION
Get help from an experienced legal adviser. Schedule your consultation at a time that works for you and it's absolutely FREE.