SPCB NOC:- Overview

CTO (Consent to Operate) is necessary to operate a polluting or hazardous waste-producing business. As a result, it is critical to renew the NOC Pollution Control Board's permission to function. For different types of industries, there is a separate CTO. The water and air industries are examples of such enterprises. The Water Act of 1974 and the Air Act of 1981 are usually used to get the necessary permission to operate from the NOC pollution control board. Aside from that, the industry must follow the Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016, which govern permission.

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To obtain this type of permission to operate, the manufacturer must go to the required NOC pollution control board. Any type of manufacturing industry or another commercial establishment, on the other hand, would need to obtain this permission to operate before beginning operations.

If the aforesaid consent expires after a certain amount of time, the entrepreneur must file a mandatory NOC pollution control board renewal. Consent to Operate (CTO) is necessary for production and manufacturing activities under several environmental legislation. The proprietor of the industry must submit the relevant permits, fees, and the CTO FORM to obtain consent to operate the licence.

Types of NOC issued by the State Pollution Control Board

The required pollution control board requires one of two types of clearance:

Consent to Establish

The CTE stands for Consent to Establish. This type of permission is required from the authorities in order to start or run a manufacturing business. This has to do with obtaining initial licence from the appropriate government to operate any type of air, water, or noise pollution business.

Consent to Operate

The consent to operate is the second type of consent (CTO). This permission would be required in order to verify that the industry adheres to operating requirements. This type of permission is required in every industry.

The Central Pollution Control Board's main Responsibilities are as Follows: (NOC Pollution Control Board)

The Central Pollution Control Board's key responsibilities include:

• Assisting and advising the government on issues of air pollution, water pollution, and noise pollution.
• Keeping in touch with the state's pollution control agency to verify compliance.
• Different types of pollution control initiatives are provided and organized.
• Conducting research and development activities.
• Technical and Statistical Data Publication
• Putting Schemes in Place at a National Level

Industries regulated by the NOC Pollution Control Board

Different businesses have been classified by the Central Environmental Protection Board and pollution control authorities based on the quantity of pollution they produce. This classification would fall under the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, respectively.

If an industry falls into the Red, Orange, or Green category, the pollution control authorities must get Consent to Establish and Consent to Operate under the Water (Prevention & Control of Pollution) Act, 1974, and the Air (Prevention & Control of Pollution) Act, 1981.

If an industry or manufacturing falls within the White Category, it is not necessary to obtain permission to operate and permission to establish. As a result, manufacturers in these categories are exempt from the requirement to secure the CTO and CTE under the relevant environmental pollution control statutes.

Read Our Blog: Procedure for State Pollution Control Board Consent/NOC

A white-category industry would just need to notify the State Pollution Control Authorities. This is the state pollution control board's no-objection certificate.

Procedure to get NOC from Pollution Control Board

• Using an Online Consent Management and Monitoring System, the procedure of securing the NOC Pollution Control Board can be completed (OCMMS). The website's link is provided below. http://ocmms.nic.in/OCMMS NEW/index.jsp.
• Consent to Operate (CTO) is required for manufacturing under environmental laws. The proprietor of the industry must submit the relevant permits, fees, and the CTO FORM to obtain a consent to operate licence. Before beginning operations, any applicant would need to get a NOC from the Pollution Control Board. Consent to Operate is essential even for trail production.
• Before awarding the 1st, an officer will inspect the industrial unit.
• Before deciding cases of the first CTO under the Water Act, 1974 / Air Act, 1981 and also authorization under Hazardous Waste Management Rules, 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.
• After delivering the initial CTO, the sample will be inspected again in three months to see if the industry is in compliance with the Air and Water Pollution rules.
• The license will not be cancelled if the industry is compliant following the sample test.
• If the industry does not comply, the license will be revoked and cancelled.
• The following is the validity period for a Consent to Operate (CTO) under the Water Act of 1974 and the Air Act of 1981:

The funding will be for five years under the Hazardous Waste Management Rules.

• Red Category - 5 years
• Orange Category - 10 years 

Fee Payment Period

Red Category - 5 years - For the first three years, in the beginning when the application is filed, and for the remaining two years before the third year ends.

Orange Category - 10 years - For the first four years, in the beginning at the time of application, for the following three years before the fourth year ends, and for the final three years before the seventh year ends.

NOC Pollution Control Board Documents Required

The NOC Pollution Control Board requires the following documents:

• Along with the layout plan, the industry or manufacturer's layout plan must include the sources of effluent sewage treatment and emissions.
• It is also necessary to provide information on the DG set, including the capacity.
• Information about the process flow is displayed on a sheet.
• Solid waste, effluent, hazardous wastes, and fuel gases analysis report
• Information on the instruments used by the water pollution control board and the air pollution control board.
• Report on the Air Effluents' Quality
• No Objection Certificate (NOC)
• Chemical Reactions-Related Information
• There is a fee associated with consent. A demand draft must be made out to the appropriate pollution control agency.
• A copy of the Government of India's Environmental Clearance Certificate. Only if the manufacturer gives the initial permission to operate would this be required.
• Water Budget Calculations
• The Monitoring Facility is depicted in diagrammatic form.
• Reports on Emission Analysis
• If relevant, a cess for the water industry.

All industries functioning in the particular sector, including air, water, and other categories, would be covered by the aforesaid documents.