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Procedure for obtaining Consent to Operate under Water Act, 1974 & Air Act, 1981 and Authorization under Hazardous & other waste (M&TM) rules, 2016

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Procedure for grant of consent to operate (CTO) for red and orange category units Under Delhi Pollution Control Committee (DPCC):

Delhi Pollution Control Committee (DPCC) Consent to Operate (CTO)

The new units after putting in their project, are under compulsion to obtain consent to operate under Water Act, 1974 and Air Act, 1981 before starting even subsequent production. No separate trial consent will be granted. First consent to operate will include subsequent consent.Above mentioned industrial units need to apply for consent to operate through Online Consent Management and Monitoring System (OCMMS) under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981 also with documents as per check list, compliance of conditions of Consent to Establish and Environmental Clearance (if applicable) and consent fees applicable In case the unit is covered under Hazardous & Other Waste (Management, Transboundary & Movement) Rules, 2016, it shall simultaneously apply for the same. For hazardous waste application, no fee is required to be deposited.

Examination of the industry is beared out by the authorized officer/ officers of the State Pollution control Board before commissioning of the production in the unit and before giving the acceptance of Consent to operate, after approval from the Competent Authority to check the status regarding installation of pollution control measures/ devices undertaken at the time of obtaining the Consent to establish as well as their structural adequacy before deciding the cases of First Consent to operate under Water Act, 1974 / Air Act, 1981 and also authorization under Hazardous Waste Management Rules (if applicable).

After grant of the First Consent to Operate / authorization, the inspection of the unit will be carried out by the authorized officer within a period of 3 months of grant of first Consent to operate for collection of samples of effluent/ air emissions/ noise in case sampling is required.

In case the analysis report of samples of Air/ effluent/ noise so collected are found complying the standards prescribed under Environmental Pollution Rules, 1986, the first Consent to Operate so granted will remain valid for the period of Consent to operate for which it has been granted based upon the category of the unit or as was demanded by the unit but in case of failure of sample the first Consent to Operate so granted will be revoked/ cancelled after following the due procedure.

Validity of period of consent to operate for categories of Industry/project under Water Act, 1974 and Air Act, 1981, will be as under:-

S.no

Category

Validity (Years)

1.

Green

10

2.

Orange

5

3.

Red

5

The permission under Hazardous Waste Management Rules shall be granted for 5 years as provided in the Rules.

For more information about Delhi, Pollution Control Committee (DPCC) Click Here

For more information about State Pollution Board Click Here   

The industries / projects are at liberty to apply for consent to operate for a lesser period also.

The units are at liberty to submit the full application fee for consent to operate for the whole period prescribed depending upon their category. Though, the fees for consent to operate can be deposited by the industries as per time schedule given below :-

Where the rates of consent fees are altered during the period of consent to operate and the unit has opted to deposit the consent fees in the installments then such units will have to deposit the consent fee at the altered / increased rates for the remaining period from the date of revision of the consent fees. However, the units which have selected to deposit the full consent fees at the time of filing the application for consent to operate will not be liable to pay the altered / increased consent fees in case the consent fee is enhanced during the period of consent to operate.

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

Renewal of Consent to Operate (CTO)

There will be provision of auto renewal of Consent to Operate as per policy of the Haryana state Pollution Control Board framed in this regard, but there will be no requirement of inspection of industries at the time of renewal of Consent to Operate in case the unit submits the analysis reports of effluent, air emissions and noise as applicable, from any of the recognized laboratories showing the compliance of prescribed standards with self certification and undertaking for compliance of the relevant provisions of Acts/Rules as applicable and adherence to the prescribed standards alongwith latest Mandatory Inspection report / analysis reports conducted by the team of officer of the Haryana state Pollution Control Board as per provisions of Inspection policy of the Haryana state Pollution Control Board.

The industrial units / projects which are already in operation shall submit the consent application only through Online Consent Management System (OCMMS) for renewal of consent under Water Act, 1974/ Air Act, 1981 and approval under the Hazardous & Other Waste (Management & Tansboundary Movement) Rules, 2016, for the prescribed period depending upon the category of the units / projects with the documents as per Check List and required consent fees, before 90 days of the expiry of the period of consent/authorization so that the consent/authorization case can be decided before the expiry date of the consent / authorization as per following procedure:-

The industry/project proponent intending for renewal of the Consent to Operate, shall apply through OCMMS 90 days before expiry of the period of previous Consent to Operate permitted by the State Pollution Control Board under Water Act, 1974 and Air Act, 1981 on prescribed Performa , self certification and undertaking on compliance of conditions of previous consent to operate permitted to the unit alongwith the required consent fees and documents as per Check List. In case the unit is covered under Hazardous Waste Management Rules then such unit will also apply for authorization simultaneously under these rules.

This application shall be submitted by the authorized official of the industry/project, duly authorized by the owner/Board of directors / partners of the unit.

The consent to operate will be renewed only in the cases where there isn’t any change in their raw material, process, product, increase in overall capital investment cost on land, building, plant and machinery, their production capacity and also in pollution load of the unit and will remain the same as declared in the original application for obtaining previous Consent to Operate. The authorization under Hazardous Waste Management Rules, will be renewed on submission of the documents as per check list in addition to above declaration by the unit, if required.

No documents will be allowed to be submit manually.

The Consent to Operate will be renewed only for the units those are complying the standards for discharge of pollutants prescribed under Environmental Pollution Rule, 1986.

The validity of renewal of Consent to Operate in case of Red category and for Orange category of units/ projects is mentioned as above except for the units engaged for reprocessing/ recycling/ dismantling Hazardous Waste/ E-Waste/ Plastic Waste and registered with the Haryana state Pollution Control Board under the relevant Rules for their said activity. For such units the validity of Consent to Operate will be valid upto the expiry date of such registration/ authorization or prescribed validity period of renewal of Consent to Operate depending upon category of the unit whichever is earlier. The validity of renewal of authorization under Hazardous Waste Management and Handling Rules will be 5 years.

Renewal of Consent to Operate will not prevent the Haryana state Pollution Control Board from taking appropriate action against the defaulting units including revoking the Consent to Operate, which will fail to comply with any of the conditions of the Consent to Operate or any relevant provisions of the Water Act, 1974 and Air Act, 1981.

However, unit shall not operate without valid consent to operate under Water Act, 1974/ Act, 1981 and authorization under the Hazardous Waste Management Rules from the Haryana state Pollution Control Board.

If the industrial units / projects fails to apply before 90 days of the expiry of previous consent and applies 60 days before the expiry of previous consent, the unit shall have to pay consent fee additional @ 50% of the consent fee notified under the Rules. Subsequently, if the unit fails to apply before 60 days of the expiry of previous consent and applies 30 days before the expiry of previous consent, then the unit will have to pay consent fee additional @ 100% of the consent fee applicable. If the unit fails to apply 30 days before the expiry of the previous consent, the unit will have to pay additional consent fee @ 200% of the consent fee applicable.

Thereafter, the State Pollution Control Board will go for closure action under the provisions of Water Act, 1974/ Air Act, 1981 against such units for not having the valid consent to operate. In, case the unit apply for renewal of Consent to Operate-after the date of expiry of consent period or after taking the penal action as prescribed above then such applications will be entertained only if such units deposit consent fees for the longer period as per the policy of the Haryana state Pollution Control Board depending upon the category of the unit alongwith the additional fees @ 300%, of the consent fees prescribed for one year alongwith normal consent fees for subsequent years.

Analysis Report

In case the unit wants to get their samples of effluent/air emissions/noise, analyzed from Haryana state Pollution Control Board’s laboratories for the purpose of renewal of consent to operate, the examination will be moved out for the purpose of the sampling by the officer of the Pollution Control Board permitted by Competent Authority.

In case the industry is found to create conditions that generate any type of pollution in excess of the standards or if there is any objection/ complaint from the surrounding community & if on verification, it is found that such objection has some substance even after grant of Consent to Establish/Consent to Operate by the Haryana state Pollution Control Board, the Board shall be at liberty to revoke/withdraw the Consent to Establish/Consent to Operate already issued & take legal action under the provisions of the Water (Prevention & Control of Pollution) Act 1974, the Air (Prevention & Control of Pollution) Act 1981 and the Environment (protection) Act, 1986 as considered appropriate.

Companies Falling Under DPCC Green Category

The industrial units / projects coming under Green Category and other units not covered under Red & Orange category of units has been exempted from Consent Management and need not apply for Consent to Operate to the Haryana state Pollution Control Board.

However, these units will have to provide pollution control devices depending upon their process and activities. These industrial units/projects shall be governed by a self-regulatory regime and would not be permitted to pollute the environment.

No need of submitting documents manually by the industries in the Board’s offices for obtaining the Consent to Operate under Water Act, 1974 and Air Act, 1981 and for Authorization under Hazardous Waste Management Rules, and all the documents as required as per checklist will be uploaded only on the OCMMS while submitting applications through online system.

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