Consents of Pollution control
Under the provisions of these Acts, an entrepreneur running or establishing any industry or process, and discharging effluent/emitting pollutants into any water resources or on land/air and polluting thereby the environmental water/air is required to obtain consent, which needs to obtained in two phases
TYPES OF CONSENT
Under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, “any industry, operation or process or an extension and addition thereto, which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air pollution into the atmosphere will have to obtain the Consent”
There are two types of the Consent i.e. Consent to Establish (CTE), and Consent to Operate (CTO).
- Consent to Establish: This consent is required to be obtained before establishing any Industry, Plant, or Process. The Consent to Establish is the primary clearance.
- Consent to Operate: Once the Industry, Plant, or Process being established according to mandatory pollution control systems, the units are required to obtain consent to operate.
PROCEDURE TO OBTAIN CONSENT
All the industrial sectors/projects have been categorized under Red, Orange, Green and White categories based upon their pollution potential and range of pollution index for the purpose of consent management under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.
The process for obtaining consent to establish and to operate involves making an application to the respective State Pollution Control Board along with required documents and scrutiny fees using the online portal of the State pollution control Board (Online consent management).
It’s followed by physical scrutiny of the location and assessment of the environmental management system planned to meet with the mandatory requirement prescribed by the State Pollution Control Board.
While every state has its specific requirement, the following set of documents are usually required across every state for seeking consent under Water Act, 1974 and Air Act, 1981
Consent to Establish
Site Plan/Location Plan of the industry
Detailed Project Report which includes the details of raw material, product to be manufactured, the capital cost of the unit (land, building, and plant machinery), water-balance, source of water, and its required quantity
Land documents such as Registration deed/ Rent deed/Lease deed
Details of Water Pollution Control/Air Pollution Control instruments
MOA /partnership Deed
Consent to Operate
Copy of last consent issued
Layout plan showing the details of all manufacturing processes
Latest analysis report of solid waste, effluent, hazardous wastes, and fuel gases
Copy of balance sheet duly attested by CA or CA certificate
Detail of land in case the effluent is discharged on land for percolation
Occupation certificate issued by Town & Country Planning Department, in case of Building & construction projects/area development projects.
MOA /partnership Deed