Pollution Control License

What is Pollution Control License?

The businesses which produce pollutants are required to obtain a pollution control license or certificate from the respective State Pollution Control Board to establish or operate the business. The pollutants generally include chemical waste, smoke emissions, fly ashes, detergent washing, medical wastes, etc. these pollutants are also called as trade effluents. Every State Pollution Control Board has a prescribed format to obtain the consent to operate.

It is necessary for the industries to obtain the NOC from the Pollution Control Board to operate an outlet under the Water (Prevention and Control of Pollution) Act, 1974. NOC is also required to operate an industrial plant under the Air (Prevention and Control of Pollution) Act, 1981. It is also required to renew the license if the industrial activities are expanded or if some technological changes are introduced in the manufacturing process. The same renewal is required when the existing license expires.

The Ministry of Environment, Forest and Climate Change (MoEFCC) has categorized the industrial sectors based on the Pollution Index. The Pollution Index is a function of effluents (water pollutants), emissions (air pollutants), hazardous wastes generated, and consumption of resources.


Types of Licenses required from the Pollution Control Board

  • There are three types of NOC to be obtained from the Pollution Control Board.

    • Consent To Establish (CTE) the enterprise.
    • Consent To Operate (CTO) the enterprise.
    • Renewal of Consent To Operate.

Consent To Establish (CTE) the enterprise

This is the primary permission that is required to obtain from the Pollution Control Board. This is essential to establish any pollutant generating enterprises according to the various pollution acts.

Consent To Operate (CTO) the Enterprise

This is the secondary level of permission that is required to obtain from the Pollution Control Board. This is essential for the operation of enterprises to avoid hazardous pollutions while operating.

Renewal of Consent To Operate (CTO)

It is required to renew the Consent To Operate (CTO) if the industrial activities are expanded or if some technological changes are introduced in the manufacturing process. The same renewal is required when the existing license expires.

Forms required for Pollution Control License Application

The enterprises have to register with the respective State Pollution Control Boards. The forms required for this differ state by state. It is possible to download those forms from the respective websites of the State Pollution Control Boards.

Documents required for Pollution Control License

The documents required for Pollution Control License vary state by state. Given below is the list of general documents required for registration.

Documents required for the Consent To Establish (CTE):

Red category:

  • Application form duly filled in the prescribed format.
  • Adequate fees prescribed for obtaining consent to establish.
  • Land schedule of the site with supportive documents like registration, lease, sale deed, etc.
  • Detailed project report (DPR) indicating the capital investment, capital investment in pollution control measures, land use breakup, detailed manufacturing process, process flow chart, air pollution control equipment, ETP details and solid waste management, detailed water balance incorporating water consumption, wastewater generation from each source, treatment, reuse and quantity to be discharged with discharge point.
  • Vicinity map indicating the from local body boundary or water source monument or forest or educational institution or hospital or human habitation or NH or SH or other road or river or receiving water body etc. with details about present land use and topography. (I km radius for SSI units and 10 km radius for medium and large scale industries)
  • Copies of plant layout map of appropriate scale superimposed with revenue map of the area clearly showing the location of existing plant activities (if any), proposed plant activities, green belt area, stacks (chimney), Raw Water Treatment Plant (RWTP) and water storage facilities, Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP), effluent discharge points, air pollution control devices, solid waste disposal area, hazardous waste treatment and disposal areas and colony for the industrial project having an investment of 50 crores or above.
  • Copy of constitution of the firm, industrial license.
  • EIA or EMP report prepared as per TOR.
  • Copy of approved mining plan from IBM or the Ministry of Coal. (for mining project only)
  • Copy of mining license. (for mining project only)
  • Copy of environmental clearance (if applicable) for only the project located within the critically polluted areas.

Orange category:

  • Application form duly filled in the prescribed format.
  • Adequate fees prescribed for obtaining consent to establish.
  • Land documents like registration or lease or rent deed.
  • No objection certificate from local authorities. However, permission is not required from the local authority is not required for the following cases.
  • Projects which require environmental clearance from the Ministry of Environment and Forest, Government of India, and public hearing.
  • The proposal received from existing units for expansion.
  • The project proposed to be located in an approved industrial estate.
  • Detail project report (DPR) indicating the capital investment, capital investment in pollution control measures, land use breakup, detailed manufacturing process, process flow chart, air pollution control equipment, ETP details and solid waste management, detailed water balance incorporating water consumption, wastewater generation from each source, treatment, reuse and quantity to be discharged with discharge point.
  • Layout map of the factory, building along with a list of pollution control or monitoring equipment, showing the location of stacks (chimney) effluent treatment plant, effluent disposal area, air pollution control devices, hazardous waste treatment, and disposal area.

Green category:

  • Application form duly filled in the prescribed format.
  • Adequate fees prescribed for obtaining consent to establish.
  • Project report.
  • Land document.
  • Permission from the local authority.

Documents required for the Consent To Operate (CTO):

Industrial projects:

  • Consent to operate application in the prescribed format.
  • Adequate fees prescribed for obtaining consent to operate.
  • Compliance with the conditions stipulated in Consent To Establish (CTE) issued by the board for first time consent to operate case.
  • Copy of environmental clearance of Ministry of Environment, Forest and Climate Change (MOEF and CC), or State Environmental Impact Assessment Authority (SEIAA) if applicable.
  • Latest layout map of the factory.
  • Copy of latest environmental statement.
  • Process flow chart and detailed manufacturing process.

Mining projects:

  • Consent to operate application in prescribed format.
  • Adequate fees prescribed for obtaining consent to operate.
  • Copy of environmental clearance of Ministry of Environment, Forest and Climate Change (MOEF and CC), or State Environmental Impact Assessment Authority (SEIAA) if applicable.
  • Copy of consent to establish order.
  • In case of consideration of fresh consent to operate, the compliance status of the conditions stipulated in Consent To Establish (CTE) issued by the board.
  • Copy of lease deed or renewal executed.
  • Copy of latest approved mining plan and mine closure plan.
  • Copy of forest clearance or temporary working permission order.
  • Copy of last IBM return.
  • Copy of last environmental statement.

Documents required for the renewal of Consent To Operate (CTO):

  • Previous consent certificate.
  • Affidavit.
  • Layout plan showing the location of the effluent treatment plant, outlets, and emission sources.
  • Process flow diagram and proposal for effluent treatment plant along with design details.
  • Details of water and air pollution measures.
  • Details of solid waste management.
  • Copy of land tax receipt and or possession certificate.
  • Analysis reports of effluent and emissions and sound level monitoring report.

Procedure for applying for Pollution Control License

  • The application form is to be filled and uploaded on the respective sites of State Pollution Control Boards.
  • Upload the required documents along with the prescribed fee.
  • The authorized officer assigns the application to a field officer. He reviews the application and visits the industry. A visit report is then prepared and submitted to the sub-regional officer.
  • After the verification and further scrutiny of the documents, the application may be approved or rejected.

What if you violate the law?

  • A person fails to comply with or contravenes any provisions of the act will be liable to a punishment of imprisonment for the term of six months which may extend to 5 years or a fine which may extend to rupees 1 lakh.
  • If the contravention continues the person will be charged an additional fine which may be extended to rupees 5000 for every day of the contravention.
  • If the contravention continues beyond a period of 1 year after the date of conviction, the person will be liable to a punishment of imprisonment which may extend to 7 years.

Conclusion

Being the owner of an enterprise that generates trade effluences, one must possess the Pollution Control Certificate from the respective State Pollution Control Board. It is necessary or them to strictly follow the rules and regulations of the act. Failing to comply with these will lead to punishable offenses under the act.

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