Pollution is one of the major problems for any state or country in the world. There are many causes responsible for different types of Pollution and amongst them some Business works, Project and Factories are responsible for causing Pollution in huge amount in the form of hazardous waste such as chemical waste, medical waste, smoke emissions etc. To control the Pollution in state or country Government formed an Authorized Body Named The STATE POLLUTION CONTROL BOARD to grant permission and Licenses for the establishment and operation of any Businesses or Projects which generates the different kind of Pollution Like Air Pollution, Water Pollution, Noise Pollution etc. If anyone planning to start a business, factory or project that may generate pollution, then he or she must need to obtain a pollution certificate from SPCB (State Pollution Control Board).

 

HOW TO GET AIR, WATER AND NOISE POLLUTION CERTIFICATE/LICENSE FOR YOUR PROJECT:

To obtain the certificate or License to start a project or business there are two important steps involved in this process that is Consent to Establish and Consent to Operate. First for the construction of the project and second to operate when the project is ready to start after establishment of the Project.

Steps to get the Pollution Licence for your Project:

  1. CTE (Consent to Establish):

At First Consent Certificate known as CTE (Consent to Establish) is required before the establishment of the project. It is obtained from the SPCB of the concerned location of the project. SPCB (State Pollution Control Board) has the authority to grant Certification.

  1. CTO (Consent of Operation):

After CTE the project under CTE certification has to Obtain the Consent of Operation (CTO) Certification Before the Running of the Project. SPCB has the authority and power to allow or permit to run the project.

  1. CATEGORIES OF THE LICENSE:

There are different types of Project, Industries and Business which are divided into 4 different categories according to the pollution level.

  1. Red Category: Industries with Pollution index 60 or above fall into Red Category. Large manufacturing Business, Multi-Speciality Hospitals, and other factories that release hazardous chemicals, emissions and others pollutants comes under Red Category.
  2. Orange Category: Those Industries or Projects which release lesser Pollutants and has pollution index between 41 to 59 falls into the orange category. Medical Supplies Companies, Automobile Service Companies or Food Processing plants belongs to this category.
  3. Green Category: Industries with lower pollution index from 21 to 40 comes under Green Category. Leather Footwear factories, Flour Mills, Small bakeries belong to Green Category.
  4. White Category: Industries which release negligible or no pollution comes under White category, this kind of industries does not have to obtain the pollution license/CTO/CTE. CFL Bulbs, cotton, woollen, electric lamp manufacturing companies belongs to this category.

The industries belonging to the red category cannot operate in forest-protected and ecologically sensitive areas. Industries that belong to the green and orange categories can apply for the CTO or pollution certificate.

Procedure to get Certificate/License for Establishing Projects:

  1. Open the online portal of the concerned State Pollution Control Board.
  2. Enter the personal details in the online portal and get registered.
  3. Generate and Confirm password through OTP confirmation.
  4. Go to Home Page of the Portal and Login with your ID Password Generated.
  5. Fill the Application and Prescribe the Project under which it comes.
  6. Confirm certificate applying for and confirm the unit of the project and government department (SPCB) and also confirm the service ‘CTE” and submit the form.
  7. After this payment page will open and pay the required fees.
  8. After this Application will go to the concerned officials and Inspection will conducted objection raised to the project proponent and approval or rejection of application is made.
  9. Time Period of 4 months may be taken for approval or rejection of Application and certificate generation.

DOCUMENTS REQUIRED:

  • Copy of Sale Deed/lease Deed or ownership details
  • Copy of MOA and AOA
  • A cover requisition letter stating the status of the project and activities clearly.
  • Project Structural Layout and the additional equipment being used, outlet location, location of boiler, generator, waste storage etc.
  • Schematic Diagram Showing Location of roads around, water bodies, residential area, monuments and religious location, agricultural land located around 2km from the site of the project.
  • Flow chart for Submission of manufacturing of the products.
  • Means and Procedure for the disposal of waste and management of water and other important managements.
  • A certificate granted by authorized body of government for Use of Land Classification.
  • Auditors Certificate along with details and mentioning the financial provisions for Pollution control measures.
  • Details of the Consent Fee paid to Board as per the AIR and WATER Act 
  • Water Clearance Certificate.
  • SPG (Sewage Treatment Plant) Details.

Additional Procedure for the Air, Noise and Water Consent:

Comply with the rules and regulation mentioned in the Air Act and laws relating to water Act.

Comply with the clause relating to Air Act.

Regular reporting and monitoring of emissions.

Reports, analysis and auditing of waste water and effluents.

Reports and Checking of water treatment plants.

Procedure to get Certificate/License for Operation of the Projects:

  1. Open the State Governed SPCB Portal.
  2. Enter your personal information and get registered.
  3. Password generation and OTP Confirmation.
  4. Open Home page and put in the login credentials in the portal.
  5. Fill your personal information required in the application and confirm your unit.
  6. Select the option and apply for the NOC/certificate, select Project category and department and then click on proceed and submit the application.
  7. Open “Pay Your Consolidation Fee’” and pay the application fee.
  8. After the successful submission the application will go to Regional office of the state and any question will be raised within 7 Days and application is forwarded as per the acceptance or rejection of the state department.

DOCUMENTS REQUIRED:

  • Status and activities of the project with the demand letter shall be submitted.
  • Details of the capacity and measured production capacity of the project along with the unit under which it comes.
  • Details of changes made in the Project Name, Management Boards of directors of company, Changes made in Production, waste management and disposal facilities.
  • Report Analysis of the sewage, noise level, Stack Monitoring, trade effluent and AAQ of the project.
  • Hazardous waste Compliance Conditions
  • A Biomedical waste authorization was issued against the unit.
  • Updated audit and balance sheet of the project.
  • Water Cess bill Payment details.
  • Details of zero liquid discharge through the project Complying with the water act.
  • Details of the system installed monitoring system of emission and effluent being generated from the project

DPCC Consent - Read More

UPPCB Consent - Read More


 

Researched done by

Manjeet Goswami a legal Intern at Corpzo