Overview of Pollution Control Board NOC
Sustainable development has been a rising concern for governments throughout the world. Due to environmental exploitation, pollution of water bodies, and bad AQI. The Indian government mandates NOCs to make sure that industries don’t pollute their surroundings. Through statute, the government has made various state and central boards, as administrative and compliance bodies. These bodies make sure industries have adequate environmental safety standards in place and are compliant with relevant laws.
Functions of the Pollution Control Board
The main functions of the Pollution Control Board, as spelled out in the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, are as follows:
- The Pollution Control Board committee aids the Central Government in matters relating to Air pollution, Water Pollution, Land Pollution.
- Advising different state pollution control boards enabling them to ensure the regulations and compliances.
- Organizing different programs to control the pollution in the area.
- The board also carries out different research into the field and prepares development programs and activities to comply with the same.
- The Board implements various schemes at the National and State levels.
Central Pollution Control Board advises the central government on matters concerning pollution and data analysis. State Pollution Control Boards and Pollution Control Committees are required to handle state-level registration of industries and make sure that environmental compliances are not being ignored.
As registration and compliance are done through state bodies laws regarding the same can vary from state to state. Fees for compliance and filing requirements can be specific to the environmental needs of the state. Standards are set by CPCB for both water and air.
Industries that require pollution NOCs
Not all forms of industries require NOC there is a certain category of industries that will be mentioned below called white industries which do not require NOCs. Categorization and rules for industries also change from state to state and NOCs mainly depend on their specific state laws. The following types of industries generally require NOCs:
- Manufacturing industries(Micro, Small, Medium, or Large
- Health Care Institutions and Hospitals generate Biomedical waste.
- Bio-medical waste management industries
- E-waste management industries, Including Battery waste management industries
- Plastic waste management industries
- Solid waste Management industries
- Hazardous waste management industries
Categorization of Industry by Pollution Control Board
Industries have been categorized based on their pollution capacity and hazard in Indian states. Water (Prevention & Control of Pollution) Act, 1974, and Air (Prevention & Control of Pollution) Act, 1981 are the laws/statutes in which we find these categories. The purpose of such categorization is to protect ecologically sensitive areas or areas of specific importance. This has for the first time brought the concept of categorization of industries to” Red”, “Orange “and “Green” and restrict their operation in certain areas of importance. Therefore, it is interpreted that Red, Orange, and Green categorization is linked with location-specific needs. These categories are important as the time limit of NOC and fees which has to be paid at the time of registration vary based on the categorization. Categories would also dictate what kind of information news to be filed while filing for CTE or CTO form of NOC. Types of industries categorized are as follows:
- Red Category
- Orange Category
- Green Category
- White Category
When an industry is categorized as a White category, it does not have to apply for a CTE or CTO. These industries are considered to not be polluting and just a simple intimation from the business to State Pollution Board would amount to their NOC.
Types of No Objection Certificates
There are two types of No Objection Certificates which state the pollution control board’s issue. These pollution control authorities require industries to provide data on their premises. The nature of their industry dictates what details the entity needs to showcase to the Pollution Control Board for obtaining the NOC.
Following are the different types of NOCs:
- Consent to Establish: - Consent to Establish (CTE) needs to be obtained by a plant or manufacturing concern before establishing the business. This permit allows the businesses to start construction of a manufacturing plant and get permission to establish it in a certain place. Adequate information regarding scale and type of production needs to be filed and consent for the same needs to be taken from the state government. This also helps the government to keep a record of all the industrial pollution in the country
- Consent to operate: - Consent to Operate is given by the government and is necessary as a separate NOC. It ensures the industry is in compliance with pollution norms and needs to be renewed after a certain period of one year.
Renewal of Consent to Operate: This type of consent is availed by industries that already have consent to operate and need to renew their NOC. Renewal is based on the categorization of Red, Orange, and Green Industries. While CTE can be said to be a single-time construction permit that is not required for an already established business. CTO is supposed to be maintained and renewed as it is not perpetual.
Concerned Officer for NOCs
The concerned officer can be either from a state pollution control board or from a Pollution Control Committee. The hierarchy of authorization depends on the pollution scale of the industry and the category in which the industry lies. Apart from the pollution generation scale of the industry, the size of the industry is also necessary while considering which officer will authorize the NOC.
- RED category (Micro, Small, medium, and Large) NOC - Approval through the Chairman of the Board or PCC for CTE and CTO
- Orange category(Micro and Small) - Approval throughMember Secretary for CTE and CTO
- Orange category(Medium and Large) - Approval for CTE by Chairman and Approval for CTO by Member Secretary
- Green category (Micro, Small, Medium and Large) - Approval for CTO and CTE by Member Secretary
Validity of Pollution Control Board NOC
CTE is only a one time NOC for the construction of the plant and is not required after construction. That does not mean that the industry can take as long as it wants with the CTE and finish construction whenever they want. Application for CTE
- For Micro and Small scale Green category projects Combined CTE & CTO issued for a period of 15 years after collecting 5 years of fees.
- For all other projects CTE is issued for 5 Years
CTO certificate’s duration and fees depend upon the categorization of the industries. As CTO has to be renewed industries must keep in mind the time limit of expiry of their registrations and apply for renewal at the appropriate time. Depending upon the state, early payment or late payment of fees can result in either a discount or an increase in fee payments.
- Red Category (Large, Medium, Small & Micro scale) - 5 years
- Orange Category (Large, Medium, & Small scale) 10 years
- Orange Category (Micro scale) 10 years
- Green Category (Large scale) 15 years
- Green Category (Medium scale) 15 Years
- Green Category (Micro & Small scale) Combined CTE & CTO issued for a period of15 years
Fee payment can vary from state to state. Some states can ask for payment of the entire fee at once and others can also give an option of payment with certain time intervals.
There are also industries known as Highly Polluting Industries classified by state governments and their NOSs only have a time limit of one year.
Details for obtaining Pollution Control Board NOC
Following are the required information to be submitted by an entity to establish Pollution Control Board NOC:
Consent to Establish NOC
Documents for filing of CTE need a full plan of the industry. The location of the industry and the processes of manufacturing are very important. The output and input of material need to be showcased as the details in the documentation. The plan of the manufacturing concern will only be passed by the pollution board if it is in compliance with safety standards and is prudent. The following is the list of details essential for CTE application:
- Site plan along with photographs of the place of construction of the plant.
- In the case of Orange and Red category Industries.The nearest residential area from the factory and water body from the proposed site.
- List of Partners or Directors of the company. Their names along with residential addresses, ID proofs, and telephone details.
- Certificate of SSI, Industry department certificate.
- Lay Out plan-Pointing out the location of Vents/ Stacks/chimneys and emission points. Drainage and pipeline with final disposal point for liquid effluent. And finally, solid waste collection, storage, and disposal facility.
- Total garden or green landin the industrial premises for Green Belt Development.
- Building plans with machinery details drawn by a competent person.
- Project which includes details of the manufacturing process, all chemical reactions, and physical plow of pollutants. Sources of emission, effluent, and hazards or solid waste need to be mentioned.
- Break-up of water uses and water balance (process consumption, domestic usage, canteen usage, gardening usage, Boiler usage, other uses as applicable).
- Details of Sewage Treatment Plant along with flow diagram as required.
- Details of air pollution control measures such as Stack or chimney Type of Boiler, Fuel used with Quantity.
- List of raw materials and product/by-product with the quantity per day
- Material Safety Data Sheet in the case of chemical industries.
- Letter of membership of common Biomedical waste treatment facility (CBMWTF) (for Health care facilities, Pharmaceutical units).
Consent to Operate NOC:
Foe Consent to Operate NOC, the following details are required to be furnished by an entity to the Pollution Control Board:
- Break-up of water uses and water balance. For purposes such as product usage, domestic usage, canteen usage, gardening usage, Boiler usage, and other uses.
- Details of the manufacturing process, with process flow diagram and all chemical equations.
- Details of air pollution control measures: stack/chimney wise for flue gas and process emission.
- Boiler, Steam generating certificate indicating steam generation and consumption of coal tons per day duly certified by the office of boiler inspector.
- List of raw materials and product/by-product with the quantity per month
- Material Safety Data Sheet in case of chemical industries
- Report of sustainability measures by the applicant for reduction and prevention of the waste generated or for recycling or reuse.
- Third-party analysis report of waste water analysis, source sampling, and ambient air quality analysis.
- Food and Drugs endorsement copy (in the case of the Pharmaceutical industry).
- Environmental Clearance from MoEF or SEIAA (for projects requiring Environmental Clearance).
Documents required to obtain Pollution Control Board NOC
To obtain the NOC following documents are required to be furnished by the entity:
- ID Proof of the concerned authorized individual of the entity
- Address Proof,
- PAN Card for partnership or company Factory License obtained by the establishment
- Trade License in the name of the entity
- Registration Proof of the entity
- CA Letter describing the total project cost and other related to it
- If the entity is operating a food business, its FSSAI Certificate
- Electricity bill and other utility bill supporting the entity existence
- NOC Compliance Report
- Related Reports for Water NOC
- Related Reports for Air NOC
- Hazardous waste management details.
Procedure to obtain Pollution Control Board NOC
To obtain Pollution Control Board NOC, the following procedure is required to be followed by the entity:
Consent to Establish Filing Procedure
The application for Consent to Establish can only be obtained through Online Consent Management and Monitoring System (OCMMS). Applications cannot be sent through offline forms. For obtaining Consent to Establish NOC, the establishment is required to follow the following steps:
- The online portal for filing of COE is http://ponocmms.nic.in/. This online portal handles applications for CTE, CTO, and Renewal of CTO. The applicant needs to fill out the required details in the application form.
- Concerned Senior Officer scrutinizes the application as well as the construction site. The senior officer also visits the site and makes recommendations to the board.
- After Senior Officer,Supervising Officer scrutinizes and makes recommendations on the project. Such officers are scientific officers or environmental engineers.
- Based on the recommendations of the Senior and Supervisory Officer CTE is granted or rejected by the board or committee.
- CTE is not perpetual and must state the duration of the project of construction. If construction is not completed within the stipulated time, then an extension has to be filed.
- CTE extension is only given after field inspection through the appropriate government officers.
- For Micro and Small Green category Projects CTE and CTO are issued for a period of 15 years.
Consent to Operate Filing Procedure
- Consent to operate has to be filed 30 days prior to starting operations
- Application has to be filed through the online portal of OCMMS at http://ponocmms.nic.in/.
- The premises will be checked for compliance by the Section officer. The Section Officer will scrutinize the established business unit and make recommendations to the concerned officer.
- The premises will also be inspected by the Supervising Officer and he will scrutinize and make recommendations to the concerned officer. The supervising officer is either a scientific officer or an environmental engineer.
- On receiving the application and recommendations of the concerned officer the application will either be accepted or rejected by the Chairman or the Member Secretary.
The penalty imposed by Pollution Control Board NOC
Pollution Control Board has its own set of rules and procedures which an entity is required to follow. The one who doesn’t comply with the same shall adhere to the Penalties. Following are some penalties imposed upon the entity with non-compliance:
- As per sessions 38(f) of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 section 42(f). Lying to any officer of a pollution board about the industry concerned. Will lead to imprisonment of the entrepreneur, for a term which may extend to three months, or with a fine which may extend to ten thousand rupees or with both.
- Apart from misleading whoever pollutes the environment in contravention of the above-stated acts will also be punished. As per section 37 of the Air Pollution Act and section 41 of the Water Pollution Act the director can be imprisoned for a term that shall not be less than one year and six months. This may extend to six years and with a fine.
- In case the failure continues, an additional fine this may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
- If the pollution continues for more than a year the imprisonment has to be a minimum of 2 years and can extend to 7 years.
How can Bizadvisors help for obtaining Pollution Control Board NOC?
Bizadvisors is one of the leading cloud-based technology companies which provide legal services and many more services. We provide Pollution Control Board NOC and its consent to operate and consent to establish with the minimum time period and cost. The services we provide for Pollution Control Board NOC are as follows:
- Bizadvisors can help prepare our clients for preparing their industrial establishment plans as per government compliance regulations and make sure that our client’s CTE applications are not rejected.
- Our company can also guide and update our clients on emerging compliances that they might need to follow to make sure their CTO applications are never rejected.
- We advise and intimate our clients regarding payment of CTO fees. When and how much, they might need to pay to make sure they don’t incur any legal liability.
- We advise our clients on different provisions of state laws. From fee amount, to which board or committee will provide NOCs.
The following are the reasons why one should choose Bizadvisors—
- We minimize legal requirements.
- Our clients can also keep track of the progress on our platform at any moment.
- Our knowledgeable professionals are here to answer any queries you have.
- We will make sure that your interactions with professionals are pleasant and smooth.
- We always try our best to make our clients happy with the legal services we provide.
- We provide free legal advice.
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- We deliver your work on time.
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- We give money back guarantees as well.
- 200+ CA and CS assisted us in our work.
- We give an option of easy and convenient EMIs.
As corporate social responsibility is of growing importance for a company these days. Having a NOC and compliance with anti-pollution laws is essential for the goodwill of a company. To avoid any hiccups in operations and foreclosure of operations it is essential to prefile CTO renewal and make appropriate design choices while making the factory that it is not polluting the environment. These days’ environment-friendly companies with zero carbon emissions are also favored more by customers. Compliance with pollution norms can also mean an increase in sales and customers. Such businesses can also gain favor with the government can avoid NGT lawsuits which can tarnish the company's image and could cause huge financial losses as well as litigation fees. Bizadvisors is here to advise our clients through central and state rules, regulations, and compliances. Our firm will make sure your factory plans are always approved and that your operations are below the pollution threshold. With Bizadvisors consider you CTO perpetual!
Frequently Asked Questions
No, only industries that are categorized as Red, Orange, or Green need to get a CTE or CTO form of NOC. Industries categorized as white industries don’t need a NOC certificate for their operations. Only mere intimation to the state pollution board is enough
The process for applying for this NOC is online http://ponocmms.nic.in/. All document fees are paid here. The CTE or CTO certificate is issued by either a State Board Commission or a Pollution Control Committee..