Pollution Control License
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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NOC Pollution Control Board- An Overview
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.
Types of NOC Pollution Control Board
There are two forms of clearance as required by the requisite pollution control board:
- Consent to Establish
Consent to Establish is known as the CTE. This form of consent is required from the authority in order to establish or carry out any manufacturing industries. This is something related to the primary permission from the requisite authority to operate any form of air/water or noise pollution industry.
- Consent to Operate
The second form of consent is known as the consent to operate (CTO). This consent would be required in order to ensure that the industry is maintaining standards related to operation. All industries require this form of consent to operate.
Main Functions of the Central Pollution Control Board (NOC Pollution Control Board)
The main functions of the Central Pollution Control Board:
- Ensuring and advising the government on matters related to air pollution, water pollution and sound pollution.
- Co-ordinating with the state pollution control body to ensure compliance is maintained.
- Providing and organising different forms of pollution control programs.
- Carrying out Research and Development Activities.
- Publication of Technical and Statistical Data.
- Implementing Schemes at a National Level.
Category of Industries under NOC 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.
Eligibility Criteria for Securing NOC 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.
How to get NOC from Pollution Control Board?
- The process for securing NOC Pollution Control Board can be carried out through an Online Consent Management and Monitoring System (OCMMS). The link to the website is present below. http://ocmms.nic.in/OCMMS_NEW/index.jsp.
- Under Environmental Laws, Consent to Operate (CTO) is required for production. To secure consent to operate licence, the proprietor of the industry must submit the required permits with the fees and the CTO FORM.
Any applicant would have to secure NOC Pollution Control Board before staring operations. Even for the trail production, Consent to Operate is required.
- An officer will inspect the industrial unit before giving the 1st
- After approval from the Competent Authority will check the status of pollution control measures/ devices undertaken at the time of obtaining the CTE as well as their structural adequacy before deciding the cases of first CTO under Water Act, 1974 / Air Act, 1981 and also authorisation under Hazardous Waste Management Rules
- After providing the first CTO, then within three months, another inspection of the sample will be carried out whether the industry is compliant with the Air and Water Pollution laws.
- If the industry is compliant after the sample test, then the licence will not be revoked.
- If the industry is not compliant, then the licence will be cancelled and revoked.
- Validity Period for Consent to Operation (CTO) under the Water Act 1974 and Air Act, 1981 will be as follows:
Industry/ Project Category
Under the Hazardous Waste Management Rules, the grant will be for five years.
Time Period for Paying Fee
For the First 03 years, at the time of filing of application and for the remaining 02 years before ending the 3rd year.
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.
Penal Provisions related to Renewal of CTO under NOC Pollution Control Board
No of days
60 days before the expiry of consent to operate
50% of Consent Fee originally applicable
30 days before the expiry of the consent to operate
100% of Consent Fee originally applicable
0 days before the expiry of the consent to operate
200% of the Consent Fee originally applicable
300% of the Consent Fee originally applicable
Documents Required for NOC Pollution Control Board
The following documents are required for the NOC Pollution Control Board:
- Layout plan of the industry or the manufacturer and the sources related to effluent sewage treatment and emissions must be mentioned along with the layout plan
- Information on the DG set with the amount of capacity must also be mentioned
- Sheet Showing Information related to process flow
- Analysis report relating to solid waste, effluent, hazardous wastes and fuel gases
- Information on the instruments related to the concerned water control pollution board and the air control pollution board
- Quality Report of the Air Effluents
- No Objection Certificate
- Information related to Chemical Reactions
- Fee Related to Consent. A demand draft must be drawn in favour of the respective pollution control body
- Copy of the Environmental Clearance Certificate from the Government of India. This would only be required if the manufacturer is making the first consent to operate
- Calculations related to Water Budget
- Diagrammatic Representation of the Monitoring Facility
- Emission Analysis Reports
- Cess Applicable to the Water Industry if applicable.
The above documents would be applicable to all industries operating in the respective sector: air, water and other categories.
Which Industries Mandatory Require CTO/CTE under NOC Pollution Control Board?
The following industries require CTO/CTE under the NOC Pollution Control Board:
- Manufacturing Industries
- Health Care Sectors and Institutions under Health Care
- Industries in the Sectors related E-Waste Management
- Solid Waste Management Industries
- Industries in Hazardous Waste Management
- Battery waste management entities
- Plastic waste management entities
- Bio-Medical waste management industries.
Period of Validity for 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:
Category of Industry
Validity Period for Consent to Operate
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
Frequently Asked Questions
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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