NOC Pollution Control Board Application Process
CTO (Consent to Operate) is required for running an industry dealing with pollutants and hazardous wastes. Therefore it is crucial to renew the license for consent to operate from NOC Pollution Control Board. There is a separate CTO for different forms of industries. Such industries would include the water and the air industry. Usually the requisite consent to operate from the NOC pollution control board is obtained under the Water Act, 1974 and Air Act, 1981. Apart from this the industry must comply with the rules related to authorization under the Hazardous & Other Waste (Management & Transboundary Movement) Rules, 2016.
The manufacturer has to go to the requisite NOC pollution control board in order to secure this form of consent to operate. However, any form of manufacturing industry or any other commercial establishment would also require securing this consent to operate before starting operations.
If the above consent expires after a particular period of time, then the entrepreneur has to mandatorily file the renewal of the NOC pollution control board. Under different forms of environmental laws, Consent to Operate (CTO) is required for production and manufacturing activities. To secure consent to operate license, the proprietor of the industry must submit the required permits with the fees and the CTO FORM.
Types of NOC Pollution Control Board
- Consent to Establish
Consent to Establish is known as the CTE. This form of consent is required from the authority in order to establish or carry out any manufacturing industries. This is something related to the primary permission from the requisite authority to operate any form of air/water or noise pollution industry.
- Consent to Operate
The second form of consent is known as the consent to operate (CTO). This consent would be required in order to ensure that the industry is maintaining standards related to operation. All industries require this form of consent to operate.
Functions of the Central Pollution Control Board
- Ensuring and advising the government on matters related to air pollution, water pollution and sound pollution.
- Co-ordinating with the state pollution control body to ensure compliance is maintained.
- Providing and organizing different forms of pollution control programs.
- Carrying out Research and Development Activities.
- Publication of Technical and Statistical Data.
- Implementing Schemes at a National Level.
Category of Industries under NOC Pollution Control Board
The Central Environmental Protection Board and pollution control authorities have categorized different industries based on the amount of pollution. This categorization would be under the applicable Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
The following category of industries would be classified:
If an industry is coming under the Red, Orange or Green Category then the requirement for Consent to Establish and Consent to Operate must be secured from the pollution control authorities under the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
If an industry or manufacturer falls under the White Category then the requirement for securing the consent to operate and the consent to establish is not required. Hence manufacturers in these categories do not need to secure the CTO and the CTE under the respective environment pollution control acts.
An industry under the white category would have to just intimate the State Pollution Control Authorities. This would be the NOC from the state pollution control board.
Eligibility Criteria for Securing NOC Pollution Control Board
How to get NOC from Pollution Control Board
- The process for securing NOC Pollution Control Board can be carried out through an Online Consent Management and Monitoring System (OCMMS).
- Under Environmental Laws, Consent to Operate (CTO) is required for production. To secure consent to operate license, the proprietor of the industry must submit the required permits with the fees and the CTO FORM.
Any applicant would have to secure NOC Pollution Control Board before staring operations. Even for the trail production, Consent to Operate is required. - An officer will inspect the industrial unit before giving the 1st
- After approval from the Competent Authority will check the status of pollution control measures/ devices undertaken at the time of obtaining the CTE as well as their structural adequacy before deciding the cases of first CTO under Water Act, 1974 / Air Act, 1981 and also authorization under Hazardous Waste Management Rules
- After providing the first CTO, then within three months, another inspection of the sample will be carried out whether the industry is compliant with the Air and Water Pollution laws.
- If the industry is compliant after the sample test, then the licence will not be revoked.
- If the industry is not compliant, then the licence will be cancelled and revoked.
- Validity Period for Consent to Operation (CTO) under the Water Act 1974 and Air Act, 1981 will be as follows:
Industry/ Project Category | Validity Period |
Red Category | Five years |
Orange Category | Ten years |
Under the Hazardous Waste Management Rules, the grant will be for five years.
Sl No | Category/Industry | Time Period | Time Schedule |
1 | Red | 05 years | For the First 03 years, at the time of filing of application and for the remaining 02 years before ending the 3rd year. |
2 | Orange | Ten years | For the First 04 years, at the time of filing of application, for the next 03 years before ending the 4th year and for the remaining 03 years before ending the 7th year. |
Consent to Operate for State Pollution Boards is different based on the requirement of the state board.
Sl No | No of days | Penalty Payment |
1 | 60 days before the expiry of consent to operate | 50% of Consent Fee originally applicable |
2 | 30 days before the expiry of the consent to operate | 100% of Consent Fee originally applicable |
3 | 0 days before the expiry of the consent to operate | 200% of the Consent Fee originally applicable |
4 | After expiry | 300% of the Consent Fee originally applicable |
Documents Required for NOC Pollution Control Board
- Layout plan of the industry or the manufacturer and the sources related to effluent sewage treatment and emissions must be mentioned along with the layout plan
- Information on the DG set with the amount of capacity must also be mentioned
- Sheet Showing Information related to process flow
- Analysis report relating to solid waste, effluent, hazardous wastes and fuel gases
- Information on the instruments related to the concerned water control pollution board and the air control pollution board
- Quality Report of the Air Effluents
- No Objection Certificate
- Information related to Chemical Reactions
- Fee Related to Consent. A demand draft must be drawn in favour of the respective pollution control body
- Copy of the Environmental Clearance Certificate from the Government of India. This would only be required if the manufacturer is making the first consent to operate
- Calculations related to Water Budget
- Diagrammatic Representation of the Monitoring Facility
- Emission Analysis Reports
- Cess Applicable to the Water Industry if applicable.
Validity for NOC Pollution Control Board
The following period of validity would be applicable to the concerned category of the industries. The validity for the particular category of industry would only be applicable to the Consent to Operate (CTO). This would be applicable under the respective Water Act, 1974 and Air Act, 1981:
Sl No | Category of Industry | Validity Period for Consent to Operate |
1. | Red Category | 5 Year |
2. | Orange Category | 10 Years |
3. | Green Category | Usually this period would be about 7 to 15 years. This would depend on the state authority. |
Month Validity for CTO
Red- End of September
Orange- End of March
Green- End of December
For more information on this visit TAXAJ
Posted by Aashima
Team TaxaJ
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