Every state board is the authority to secure this form of NOC Pollution Control Board. A manufacturer would require getting the Consent to Operate (CTO) and Consent to Establish (CTE).
Once the consent period expires, it is essential to renew the Consent to Operate from the Pollution Control Board.
Such consent is required in order to ensure that the institution or the industry is operating properly. Such consent would also ensure that the pollutants are not emitted as per the required amounts.
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CTO (Consent to Operate) is required for running an industry dealing with pollutants and hazardous wastes. Therefore it is crucial to renew the licence for consent to operate from NOC Pollution Control Board. There is a separate CTO for different forms of industries. Such industries would include the water and the air industry. Usually the requisite consent to operate from the NOC pollution control board is obtained under the Water Act, 1974 and Air Act, 1981. Apart from this the industry must comply with the rules related to authorisation under the Hazardous & Other Waste (Management & Transboundary Movement) Rules, 2016.
The manufacturer has to go to the requisite NOC pollution control board in order to secure this form of consent to operate. However, any form of manufacturing industry or any other commercial establishment would also require securing this consent to operate before starting operations.
If the above consent expires after a particular period of time, then the entrepreneur has to mandatorily file the renewal of the NOC pollution control board. Under different forms of environmental laws, Consent to Operate (CTO) is required for production and manufacturing activities. To secure consent to operate licence, the proprietor of the industry must submit the required permits with the fees and the CTO FORM.
There are two forms of clearance as required by the requisite pollution control board:
The main functions of the Central Pollution Control Board:
The Central Environmental Protection Board and pollution control authorities have categorised different industries based on the amount of pollution. This categorisation would be under the applicable Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
The following category of industries would be classified:
If an industry is coming under the Red, Orange or Green Category then the requirement for Consent to Establish and Consent to Operate must be secured from the pollution control authorities under the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
If an industry or manufacturer falls under the White Category then the requirement for securing the consent to operate and the consent to establish is not required. Hence manufacturers in these categories do not need to secure the CTO and the CTE under the respective environment pollution control acts.
An industry under the white category would have to just intimate the State Pollution Control Authorities. This would be the NOC from the state pollution control board.
The following is the eligibility criterion which has to be sufficed by the applicant for securing the NOC from the Pollution Control Board:
Hence the applicant has to satisfy the above requirements and eligibility criteria in order to be compliant with the requirements of NOC pollution control board.
Industry/ Project Category | Validity Period |
Red Category | Five years |
Orange Category | Ten years |
Under the Hazardous Waste Management Rules, the grant will be for five years.
Sl No | Category/Industry | Time Period | Time Schedule |
1 | Red | 05 years | For the First 03 years, at the time of filing of application and for the remaining 02 years before ending the 3rd year. |
2 | Orange | Ten years | For the First 04 years, at the time of filing of application, for the next 03 years before ending the 4th year and for the remaining 03 years before ending the 7th year. |
Consent to Operate for State Pollution Boards is different based on the requirement of the state board.
Sl No | No of days | Penalty Payment |
1 | 60 days before the expiry of consent to operate | 50% of Consent Fee originally applicable |
2 | 30 days before the expiry of the consent to operate | 100% of Consent Fee originally applicable |
3 | 0 days before the expiry of the consent to operate | 200% of the Consent Fee originally applicable |
4 | After expiry | 300% of the Consent Fee originally applicable |
The following documents are required for the NOC Pollution Control Board:
The above documents would be applicable to all industries operating in the respective sector: air, water and other categories.
The following industries require CTO/CTE under the NOC Pollution Control Board:
The following period of validity would be applicable to the concerned category of the industries. The validity for the particular category of industry would only be applicable to the Consent to Operate (CTO). This would be applicable under the respective Water Act, 1974 and Air Act, 1981:
Sl No | Category of Industry | Validity Period for Consent to Operate |
1. | Red Category | 5 Year |
2. | Orange Category | 10 Years |
3. | Green Category | Usually this period would be about 7 to 15 years. This would depend on the state authority. |
Month Validity for CTO
Red- End of September
Orange- End of March
Green- End of December
NOC is an abbreviation for no objection certificate. This form of certificate is required from the requisite government authorities before carrying out any operations.
Consent to operate is the basic requirement for any form of manufacturing body. Such consent would be required in order to carrying out any operations related to manufacturing activities and production.
After consent to operate, consent to establish is another compliance requirement for all industries. Usually the consent to establish is a requirement for securing the NOC.
NOC would be usually issued by the concerned government authorities such certificate is issued to ensure environmental compliance is maintained. This is usually provided by the Ministry of Environment and Forests and requisite government authorities.
Industries are classified based on the way they carry out operations. For example a large industry would be categorised under the red category. An industry small but considered as a medium sized industry would be under the orange category. An industry would be classified as green category if the amounts of emissions are comparatively less.
Industries under the White Category do not require CTO or CTE.
For renewal usually a particular time period must be followed. It is important that the renewal procedure is carried out by the applicant as soon as possible.
There are specific standards which are brought out by the pollution control board. The emissions provided by industries can be absorbed by plants. If the industry is going above these prescribed standards then the certificate for grant of license would be revoked.
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