Helena Joyce
The Pollution Control Board is a regulatory authority that implements various pollution control laws. The Board's consent is required for the discharge of effluents or emissions that can pollute water bodies or the atmosphere. In Maharashtra, the entire state has been declared an Air Pollution Control Area since 1996. The Board also functions under the Environment Protection Act of 1986, with directions to not grant or renew CTOs without the necessary environmental clearances. Assam's Pollution Control Board requires industries to obtain consent before releasing emissions, with conditions regulating the quality and quantity of emissions. The application process for consent includes a fee and the submission of relevant documents, such as land documents and project reports.
| Characteristics | Values |
|---|---|
| Location | Maharashtra |
| Important Environmental Laws in the Country | The Water (Prevention and Control of Pollution) Act, 1974 |
| The Air (Prevention and Control of Pollution) Act, 1981 | |
| The Water (Prevention and Control of Pollution) Cess Act, 1977 | |
| The Environment (Protection) Act, 1986 and Rules thereunder | |
| The Public Liability Insurance Act, 1981 | |
| Consent Fee | Yes |
| Who are required to obtain consent from the Board? | Consent means the sanction of the authority of the Board for the discharge of the effluent (sewage or trade effluent into a stream or well or sewer or on land) or emission of air pollutant into the atmosphere |
| Consent to Establish should be renewed if the unit is not commissioned within a year | |
| If renewal is not sought within the validity period, a fresh application has to be made to the Board |
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What You'll Learn
Understanding the relevant environmental laws
The Environment Protection Act (EPA), 1986
The Environment Protection Act, passed in 1986, plays a significant role in filling the gaps in the Water and Air Act. The EPA achieves this by expanding the responsibilities of the Central Pollution Control Board (CPCB). The CPCB, under the EPA, is responsible for generating relevant data, providing scientific information, offering technical inputs for national policy formulation, conducting training and development, and organising awareness-promoting activities for government and public stakeholders. The EPA establishes the CPCB as a key technical authority in pollution control, working closely with the Ministry of Environment and Forests.
The Water (Prevention and Control of Pollution) Act, 1974
This Act focuses on preventing and controlling water pollution, particularly in streams and wells. It requires consent from the State Board for any activities that may result in the discharge of sewage or trade effluent into water bodies or on land. The CPCB plays a crucial role in implementing and enforcing this Act, ensuring the cleanliness of water sources.
The Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act aims to address air pollution by regulating the emission of air pollutants into the atmosphere. Similar to the Water Act, this legislation also requires consent from the Board for any activities that may result in air pollution. The CPCB is responsible for monitoring and enforcing air quality standards, working closely with regional directorates to ensure compliance.
Municipal Solid Wastes (Management & Handling) Rules, 2000
These rules outline the responsibilities of municipal authorities in managing solid waste. This includes the collection, segregation, storage, transportation, processing, and disposal of municipal solid waste. The CPCB provides technical assistance and support to municipal authorities in implementing these rules effectively.
Pollution Prevention Act, 1990 (US context)
In the United States, the Pollution Prevention Act of 1990 established a national policy for pollution prevention and reduction. It directed the Environmental Protection Agency (EPA) to establish a source reduction program, emphasising the importance of reducing pollution at its source rather than solely relying on waste management and pollution control measures. The Act also highlighted the significant opportunities for industries to reduce pollution through cost-effective changes in production and raw material usage.
Understanding and complying with these environmental laws are essential when engaging with pollution control boards. These laws provide the regulatory framework for pollution control measures, ensuring the protection of the environment and public health.
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Knowing the consent requirements
Understanding Consent
Consent, in this context, refers to the official sanction or authorisation from the Pollution Control Board for the discharge of effluents or emissions. Effluents refer to sewage or trade effluents, while emissions refer to air pollutants released into the atmosphere. The Board grants consent under specific sections of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
Who Needs to Obtain Consent?
Any individual or entity planning to establish an industry, operation, or process that is likely to discharge effluents or emit air pollutants must obtain prior consent from the State Board. This includes bringing any new or altered outlets for sewage discharge or making changes to the treatment and disposal system. Consent is also required for establishing or operating any industrial plant in an air pollution control area.
Consent for Establishment (CFE) or Consent to Establish (CTE)
The Consent for Establishment (CFE) or Consent to Establish (CTE) is a mandatory requirement for businesses, projects, and facilities that have the potential to cause environmental pollution. It is a No Objection Certificate (NOC) issued by the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC). The SPCB/PCC categorises NOCs into three types: red, orange, and green. Entrepreneurs must submit the CFE application along with all relevant documents and the required fee to the regional office or the Board's OCMMS portal.
Consent to Operate (CTO)
Once the construction and setup of a unit are completed, a final Consent to Operate (CTO) is required to begin operations. This consent is obtained after registering new industrial units and projects falling under the Red and Orange categories on the OCMMS portal. It is important to note that obtaining a CFE or renewing it does not exempt units from complying with the provisions of the relevant Acts, and the Board can take necessary actions, including revoking the issued certificate.
Consent Fee
There is a fee required for obtaining consent, known as the consent fee. This fee is charged by the Board for granting consent and must be submitted along with the application form. The amount varies and is to be paid as a Demand Draft in favour of the Member Secretary of the respective Pollution Control Board.
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Applying for consent to establish
To apply for consent to establish a new industry in India, entrepreneurs must comply with the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
The Water Act states that no person shall establish or take any steps to establish any industry, operation, or process without the previous consent of the State Board. This is known as 'water consent'. Similarly, the Air Act states that no person shall establish or operate any industrial plant in an air pollution control area without the previous consent of the State Board, known as 'air consent'.
To obtain consent to establish an industry with potential for water pollution or air pollution, prior consent under the Water Act and/or Air Act must be obtained in two phases. Firstly, before establishing or constructing a plant, the proposed industry should obtain a No Objection Certificate (NOC) under the Water Act and/or the Air Act. The application form for NOC (Consent to Establish) can be obtained from any of the Board's offices or downloaded from the website, and it must be submitted in duplicate through the Regional offices of the Board. The application form fee is Rs. 100.
Along with the application form, the following documents must be submitted for processing:
- Land documents/lease agreements
- Project report with total investment
- Non-agricultural Land Certificate from SDC/Circle Officer (for Brick and Stone Crusher industries)
- A site plan map showing the location of the proposed site and surrounding area in detail
- Details of the layout plan indicating different processes and point sources of effluent discharge/air emission/solid waste/hazardous waste and the position of the stack/effluent treatment plant, including DG set capacity in KVA
- Manufacturing process of each product with a flow diagram, chemical reactions, and material balance with a water budget
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Submitting the correct documentation
To apply for the correct permissions from the Pollution Control Board, you must submit the correct documentation. The Pollution Control Committee is a regulatory authority that implements various pollution control laws. The Board issues consent for industries that will emit pollutants into the atmosphere or discharge effluent into water sources.
Consent is granted under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. The former was adopted in Maharashtra in 1983, and the entire state has been a declared Air Pollution Control Area since 1996. The application form for consent must be submitted in duplicate or triplicate, depending on the region, and is available at all the offices of the Board or can be downloaded from the website. A fee of Rs. 100/- must be submitted with the application, in the form of a Demand Draft drawn in favour of the Member Secretary of the relevant Pollution Control Board.
The documents that must be submitted alongside the application form include:
- Land documents/lease agreements
- Project report with total investment
- Previous consent copy (for renewals)
- Details of pollution control devices and solid/hazardous waste management facilities provided
- Copy of latest cess return/payment statement
- Copy of environmental clearance or any other permission from the relevant government body
It is important to note that the consent issued by the Board is subject to conditions that regulate the quality and quantity of emissions and stipulate the frequency of emissions monitoring.
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Paying the required fees
Consent Fees
The Pollution Control Board charges consent fees for granting permission to discharge effluents or emit air pollutants. These fees are mandatory and must be paid to obtain consent. The amount of the consent fee may differ based on the Board's regulations and the nature of the industry or operation.
Application Fees
When applying for consent, there is typically an application fee that needs to be paid. For instance, the application form fee for Consent to Establish or Consent to Operate under the Water Act and Air Act is often mentioned as Rs. 100/-. This fee allows you to submit your application for consideration by the Board.
Payment Methods
The Pollution Control Board usually accepts fee payments in the form of Demand Draft (DD). The DD should be made payable to the Member Secretary of the respective Pollution Control Board, such as the Member Secretary, Pollution Control Board, Assam, in the city where the Board is located (e.g., Guwahati). This information is typically provided on the Board's website or can be obtained by contacting the regional offices of the Board.
Required Documents
Along with the fee payment, you will need to submit various documents as part of your consent application. These documents may include land documents, lease agreements, project reports, details of pollution control measures, previous consent copies (if applicable), and environmental clearances or permissions. It is important to carefully review the list of required documents specified by the Pollution Control Board to ensure your application is complete.
Renewal Fees
In some cases, if you have already obtained consent and need to renew it, there may be a renewal fee. The renewal fee structure and payment process are typically similar to the initial application process. However, it is important to note that the validity of Consent to Establish or NOC is usually one year, and if renewal is not sought within the validity period, a fresh application with the corresponding fees must be submitted.
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Frequently asked questions
The consent fee is the fee charged by the Board for granting consent. The fee is Rs. 100/- and can be paid at any of the Board's offices or downloaded from the website.
The validity of Consent to Establish is one year. If the unit is not commissioned within this time, it should be renewed. If renewal is not sought within the validity period, a fresh application must be made.
The application form for Consent to Operate under the Water Act and Air Act is Schedule-I and should be submitted in triplicate with a fee of Rs. 100/-. The amount should be submitted as a Demand Draft in favour of the Member Secretary, Pollution Control Board, payable at the respective state office (Assam: Guwahati, Maharashtra: N/A).
The documents required for the Consent to Operate application are: previous consent copy, details of pollution control devices and waste management facilities provided, copy of the latest cess return/payment statement, consent fees, copy of environmental clearance, and any other relevant permissions.
