Central pollution control board/Pollution NOC certificate

In this series of our articles on trade license. We are going to discuss in detail about pollution NOC certificate required by various industries in India. Pollution NOC certificate is issued by central pollution control board. Pollution NOC certificate is a consent provided by various government under Water (Pollution & Control of Pollution) Act, 1974 and Air (Pollution & Control of Pollution) Act, 1981.

Central pollution control board

The Central pollution control board or CBCB is an statutory organization that comes under Ministry of environment, forest and climate change. It was established in 1974 to oversee and maintain standards for air pollution and water pollution. Over years, scope of Central pollution control board has increased to many other verticals. It acts as an central coordinating authority for various state pollution control board and issues various directives and policies from time to time regarding pollution and its management. CPCB is head quartered in Delhi and acts as an apex body for pollution control in India. CPCB has 7 zonal offices and 5 laboratories.

Various functions of central pollution control board includes –

Air quality control
Water quality and pollution
Urban programs
Municipal solid waste rules
Noise pollution rules
Environmental data statistics

Main thrust area f Central pollution control board currently includes –

National air quality index
Rejuvenation of Ganga
AQI bulletin

Types of NOC required

There are two types of NOCs required from pollution control board to operate a industry in India. NOC stands for No objection certificate. These are consents provided by State pollution control board to a industry. These consents are provided keeping in line wit various rules and regulations under various environmental acts. These NOC are mandatory to be obtained before starting a industry. Various types of NOCs required are –

Consent to establish(CTE) – It is a initial permission required from state pollution control board for starting a business. Consent to establish is provided keeping in mind various aspects related to pollution control enlisted in law. To obtain a consent to establish , business need to meet all mandatory standers as well documentation required under law.
Consent to operate (CTO) – It is the second level of consent required by a business operating India. This consent is require to be obtained any level of pollution spread by the business.

Categorization of Industries

The Central pollution control board (CPCB) has categorized industries into Red, Orange, Green and White categories. These categories are developed as per standards laid down under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
Industries categorized under Red, Orange and Green category are covered under consent management for obtaining Consent to Establish (CTE) and Consent to Operate (CTO) under Water Act, 1974 and Air Act, 1981.
Industries which fall under white category are exempted from obtaining consent under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981. Industries and business under white category need to self govern themselves and need to intimate various state pollution control board (SPCB) within 30 days of commencement of their business. Industries under white category are punishable under same laws if found to polluting environment.

Registration procedure for obtaining NOC from pollution control board

To obtain a NOC and consent form, applicant need to fill an appliation form along with complete documents. Every state board like tamilnadu pollution control board, maharashtra pollution control board, delhi pollution control committee etc have their own application forms . Applicant need to fill specific state pollution control board application forms on their respective website. Important state pollution control board are mentioned below for ease of application-

Tamilnadu pollution control board – https://tnpcb.gov.in/

kspcb (Karnataka state pollution control board) login – https://kspcb.gov.in/XGNE.html

hpspcb (Himachal Pradesh tate pollution control board) – https://hppcb.nic.in/

Maharashtra pollution control board login – https://www.mpcb.gov.in/node

Delhi pollution control committee – https://www.dpcc.delhigovt.nic.in/

2. Application for NOC from state pollution control board must contain information such as proposed pollution control plans, site details, and other registration certificates from the Industry Department, etc.

3. Application along with necessary documents need to be submitted to concerned authority such as General Manager, District Industrial Centre or Member Secretary, Pollution Control Board, or Regional Officers of every State Pollution Control Board.

4. State pollution control board need to reply within 4 months. Due diligence is carried out by pollution authority of the business premises and pollution NOC application is either accepted or rejected. If application is accepted for NOC, then a certificate is issued to business. However, if application is rejected by pollution control board, then applicant need to be intimate with reason for the same.

Documents required to obtain a pollution NOC certificate from pollution control board

Location plan or site plan of the factory or industrial premise.
Documents certifying legal existence of the firm. These documents are Udyog aadhar or MSE certificate for proprietorship concern, partnership deed for a partnership firm and article of association (AOA) along with Memorandum of association (MOA) for private limited company. These documents should be self attested by a proprietor, partner or Managing partner as the case maybe.
Documents related to ownership of land such as Sale deed, General power of attorney or GPA, Lease deed or rent agreement.
Detailed project report for the project indicating flow of manufacturing process.
Compliance report of any previous Consent to Operate granted to the entity.
Undertaking that the proposed site is located in the designated Industrial area as notified and the plan of the establishment is permissible. It should also indicate the detailed revenue entries.
Any other document as mandate by local municipal or state authorities.
Industry specific documents and related certificates

Documents required for water consent from state pollution control board

Along with above mentioned documents, some additional documents need to be submitted for a water consent from a state pollution control board. These documents are-

Technical report on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP)
Drawing on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP)
Waste water analysis report
Compliance of water consent conditions
Water cess returns

Documents required for air consent from state pollution control board

Along with above mentioned documents, some additional documents need to be submitted for a air consent from a state pollution control board. These documents are-