Pollution Control Board Consent is mandatory for industries prior to commencement of their operation. The consent is granted by the State Pollution Control Board under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Hazardous Wastes (Management and Handling) Rules, 1989 and Environment Protection Act, 1986.
The consent order is issued for a period not exceeding five years. However, the consent under Hazardous Waste Rules can be issued for 10 years for new units.
The Central Pollution Control Board has prescribed uniform format for consent orders. Under the Central Government notification dated 4th May 2000 all the state boards have been directed to comply with the same format. The State Boards have also been directed to ensure that all consent applications are processed within 90 days from the date of receipt of complete application.
Air and Water consents are usually issued separately because they are regulated under different Acts and Rules.
There are two types of consent:
- The first one is the Consent To Operate (CTO) which is granted to a new industrial unit for setting up its plant in an area.
- The second one is the Consent To Establish (CTE). This is granted to a unit which wants to relocate from one place to another or if a unit wants to expand its operations. These consents have to be renewed every year and five years, respectively.
Procedure To Obtain Consent
The procedure to obtain consent from the pollution control board is as follows.
- The applicant shall submit an application for consent to the pollution control board specifying the source, works, and quantity of any environment contaminants likely to be emitted by the source or likely to be released into the environment from the works.
- The pollution control board shall:
- Examine the application and give its views to the applicant within a period of 30 days after receipt of the application.
- If it is satisfied that there is no reason why the consent should not be granted, give its consent in writing and also make recommendations as to any conditions which it considers necessary or desirable in relation to such consent;
- If it is not satisfy that there is no reason why consent should not be granted, give its reasons for its opinion and also make recommendations as to any conditions which it considers necessary or desirable in relation to such consent.
- The pollution control board may, after giving its reasons for refusing consent, withdraw its previous opinion on a condition that it will consider any subsequent application for approval on a case by case basis subject to compliance with such conditions as may have been imposed by it in relation thereto;
While each state has its own requirements, the following documents are normally required in order to obtain consent under the Water Act of 1974 and the Air Act of 1981.
Consent to Establish
- The industry’s site plan/location plan
- Detailed Project Report with information on raw materials, the product to be created, the unit’s capital cost (land, building, and plant machinery), water balance, water supply, and needed quantity
- Registration deeds, rent deeds, and lease deeds are examples of land documents.
- Instruments for Water Pollution Control and Air Pollution Control
- a Memorandum of Understanding (MOA) or a Partnership Agreement (Partnership Deed)
Consent to Operate
- Copy of the most recent consent
- All production operations are detail in this layout blueprint.
- Solid waste, effluent, hazardous wastes, and fuel gases are all included in the most recent analytical report.
- Copy of balance sheet duly attested by CA or CA certificate
- Detail of land in case the effluent is discharged on land for percolation
- Occupation certificate issued by Town & Country Planning Department, in case of Building & construction projects/area development projects.
- MOA /partnership Deed