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CAQM Crackdown: When Can They Shut Down Polluters?

Pollution Control Board NOC

CAQM ruling on industrial air pollution violations

The Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act was passed by the Parliament in 2021 to improve coordination, conduct research, and identify and resolve issues related to the air quality index. The act also deals with any matters connected to the objectives of CAQM (Commission for Air Quality Management) and any matters incidental to it.

Which entities and projects are under the jurisdiction of the Commission for Air Quality Management (CAQM)?

Construction & demolition activities, industrial processes, operations, and manufacturing units located in the states of Haryana, Punjab, Rajasthan, and Uttar Pradesh may have significant implications on the air quality of the National Capital Territory of Delhi and the National Capital Region. These units could also harm air quality in the aforementioned states.

In what instances does the CAQM have the authority to impose closure orders on polluting entities?

  1. Cases where Units were found operating in gross violation of the Commission’s directions.
  2. Units were found operating without valid CTE (Consent to Establish) or CTO (Consent to Operate).
  3. Units were found operating DG sets when their use was prohibited, or not maintaining proper records, including logbook.
  4. Units with heavy visible emissions (source/fugitive) were found violating consent conditions and not operating Air Pollution Control Devices.
  5. Violation of the Commission’s directions and relevant rules and regulations were found at the site where C&D-related activities were taking place.
  6. Units were found violating the Commission’s directions and relevant rules and regulations. C&D-related activities were going on at the site, and the unit was also found operating DG sets in violation of CAQM directions.
  7. DG sets were found to be used in commercial units in violation of CAQM directions (other than industry and C&D projects).

What remedial measures can default industries take to resume their operations?

Entities with closure orders from CAQM need specific actions. These units need to do the following compliance: 

  1. Submit an Undertaking in the form of an Affidavit 
    • This undertaking must state that the entity has complied with the closure directions and has taken corrective measures.
    • The undertaking must also state that the entity has deposited the environmental compensation (EC) and will comply with all applicable laws and directions in the future.
  2. Submit supporting documents confirming that the violations have been resolved/ rectified, wherever required.
    • The entity must provide supporting documentation that shows that the violations have been resolved or rectified.
    • The specific documentation required will vary depending on the nature of the violation.
  3. Submit documentary proof of imposition and deposition of environmental compensation in the State Pollution Control Board account by the entity.
    • The entity must provide documentary proof that the EC has been imposed and deposited in the State Pollution Control Board account.
    • This documentation may include a copy of the EC order and a copy of the bank deposit receipt.
  4. Communication of Realization of Environmental Compensation (EC) charges from the headquarters of SPCB.
    • The entity must provide a copy of the communication from the headquarters of SPCB confirming that the EC charges have been realized.

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