Pollution NOC from State Pollution Control Board

State Pollution Control Board Consulting

All industries are classified into four categories: red, orange, green, and white. Industries that pollute the air, water, or generate hazardous waste are covered under the consent management system. Under this system, industries must obtain a prior no objection certificate (NOC) from the state pollution control board (SPCB) before setting up plant and machinery and operating equipment that could pollute the environment.
Pollution NOC refers to the pollution control certificates that are required for the establishment and operation of an industrial unit. These certificates are generally called CTE (Consent to Establish) and CTO (Consent to Operate). In some states, such as Uttarakhand, it is called CCA NOC because the permission to operate, hazardous waste authorisation and E-waste authorisation is granted together.
Pollution control certificates are generally covered by the provisions of the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986.
No industrial unit or establishment can be constructed or operated without obtaining a pollution control certificate from the State Pollution Control Board. Factories or Industries that operate without a pollution license from the Pollution Control Board are considered illegal. The Pollution Control Board is authorized to cut off the water and electricity supply of any defaulting unit under the provisions of the Air Act, 1981, and the Water Act, 1974.

Consent to Establish - CTE - NOC from Pollution Control Board

CTE NOC, also known as Pollution NOC, is a permission granted by the pollution control board (PCB) to start construction at the project site. It is a pre-establishment certificate allows industrial and non-industrial projects to set up their plant and machinery and any other pollution control devices or equipment to control water pollution and air pollution, such as sewage treatment plants (STPs), effluent treatment plants (ETPs), and chimney and stack scrubbers.
The SPCB (State Pollution Control Board) grants the pollution control certificate in accordance with Section 25, Section 26, and Section 27 of the Water (Prevention and Control of Pollution) Act, 1974, Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, and other pollution control laws.

Process flow Diagram for obtaining Pollution NOC

Checklist and documents required for CTE from SPCB

Change of land use permission, license, Authority approval letter, and Allotment letter from the Town & Country Planning Department.
Rent Agreement and Lease deed, Collaboration deed, Khasra Khatauni, Sijra Map and Registry.
C.A. Certificate regarding capital investment cost ( land, building, plant & machinery of the proposed project.)
The manufacturing process and process Flow Chart.
Design Scheme of Effluent Treatment Plant and Sewage Treatment Plant, Air Pollution Control Devices, and Hazardous Waste Management.
Forest NOC from District Forest Officer and Deputy Commissioner for areas covered under Aravali Notification.
Wildlife NOC if falling under the protected area of National Park or Sanctuary.
Environmental Clearance letter in case of the projects covered under EIA NOC Notification dated 14th Sep 2006.
Layout plan.
Board of Resolution, Power of Attorney, authorisation letter to signing the application and other correspondences.
NOC CTE fee and performance security/Bank Guarantee which depends upon the project investment/cost ( Land, Building, and Plant Machinery cost)
Undertaking and affidavits.
Groundwater NOC, CGWA permission, and CGWA NOC from the CGWA and State Government
If the unit is engaging in the transportation of hazardous chemicals, details of chemicals transported, method, and its safety measures.
Detailed Proposal for installation of Continuous Online monitoring system as per the norms for wastewater and for Emissions as the case may be.
Forest NOC and Wildlife NOC and any other NOC if the project falls in Eco-sensitive zones, protected forest Areas, wildlife protected areas, sanctuary, TTZ area (Taj Trapezium Zone).

Validity of CTE and Pollution NOC

The validity of the consent to establish (CTE) NOC depends on the category of the industry in which the project unit falls.
For red category projects, the validity is from 1 to 3 years. For orange category projects, the validity is from 1 to 5 years. For green category projects, the validity is from 1 to 10 years.
The CTE NOC can be renewed for a maximum of 5 years from the date of expiry of the first CTE granted, subject to the validity of the environmental clearance (EC), if applicable.

CTO (Consent to Operate) from SPCB

The consent to operate (CTO) NOC is a permission granted by the state pollution control board (SPCB) to residential, commercial, industrial, and non-industrial entities before the operation of the plant and machinery and other devices installed to control water pollution and air pollution.
This includes effluent treatment plants (ETPs) to treat wastewater generated from the factory production process, and bag filters, cyclone separators, electrostatic precipitators, and water scrubbers to prevent solid and gaseous pollutants from entering the air environment.
The CTO pollution NOC is awarded in accordance with the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986.

Process flow Diagram For Obtaining CTO

Checklist and documents required for CTO from Pollution Control Board

Land document, Lease deed, and Allotment letter from Development Authority.
Auditors balance sheet for the capital investment.
Manufacturing process flow chart.
Design Scheme of Effluent Treatment Plant and Sewage Treatment Plant.
Design Scheme of Air Pollution Control Devices and Hazardous Waste Management.
Forest NOC and Aravali NOC from District Forest Officer and Deputy Commissioner, if applicable.
Wildlife NOC if falling under the protected area of National Park or Sanctuary.
EIA NOC letter if the projects are covered under EIA Notification dated 14.09.2006.
Site plan or Layout plan.
Green area plan.
Authorisation letter.
Pollution NOC fee.
Wastewater and effluent testing fee prescribed by the SPCB.
Borewell CGWA NOC from the CGWA.
Proposal for online monitoring system for the effluent and Emissions as applicable.
OC (Occupational certificate) issued by Development Authority and DTCP and municipal corporation.
Water NOC and Sewer NOC.

Validity of the CTO/ NOC from Pollution Control Board

The validity of the CTO NOC depends on the industry type. Red category industries have 1-3 years, orange category industries have 1-5 years, and green category industries have 1-10 years. The CTO pollution NOC can be renewed or extended for a maximum of 10 years.

CCA (Consolidated Consent to Operate and Authorisation)

CCA NOC is the combined Pollution NOC that is granted under the provisions of the Water Act 1974, Air Act 1981, and EP Act 1986 for the Polluting and Non-Polluting Industries. It is a one-time permission under the Pollution control laws that make the Industrial units eligible to have consent to operate and hazardous waste authorisation in one shot.
Some Pollution Control Board like UEPPCB (Uttarakhand Environment Protection & Pollution Control Board) Uttarakhand etc. has the practice to award the CCA NOC after complying with the statutory requirement of the UEPPCB.
Before applying CCA NOC, It is mandatory for any project or unit to obtain the CTE – Pollution NOC under the provisions of the Water Act, Air Act, and EPA 1986.
CCA NOC is awarded for five years for the orange category industries and for 1 year for the red category units.