Bihar State Pollution Control Board NOC

In accordance with the 1974 Water (Prevention and Control of Pollution) Act, the Bihar State Pollution Control Board was established. This Board was established after the aforementioned Act was passed in accordance with Clause I of Article 252 of the Indian Constitution. The Water Act of 1974 was initially made applicable to all 12 States and Union Territories. One of the aforementioned 12 States was the State of Bihar.

The Water (Prevention and Control Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981 have been passed in order to prevent and control water pollution, preserve or restore the wholesomeness of water, and prevent, control, and reduce air pollution. To carry out the objectives outlined in the aforementioned Acts, Central and State Pollution Control Boards were established. A board known as the Bihar State Pollution Control Board was established with the Bihar State Constitution.

Since its inception, the Bihar State Pollution Control Board has carried out the duties listed in Section 17 of the Water (Prevention and Control of Pollution) Act, 1974, together with those of other State Boards. The Board has been keen on following its objectives which are as follows:

• Developing state-wide pollution prevention and control programs
• Periodically providing pollution advice to the state government
• Gathering and disseminating information about pollution prevention
• Doing and taking part in water pollution-related research and development (R & D)
• Collaboration with the central board in the planning of a training and public awareness campaign on consent-granting
• Inspection of the treatment facility and a purposeful review of it
• Establishing sewage and trade effluent standards
• Developing efficient and dependable wastewater treatment techniques
• Advancing techniques for using trade and sewage effluent in agriculture
• Developing techniques for sewage and trade effluent disposal on land
• Establishing guidelines for the treatment of trade and sewage effluent
• Making any appropriate decisions on the prevention and control of wastewater discharges into streams or the construction of systems for their disposal
• Establishing effluent criteria that must be adhered to by anyone releasing sewage or sludge
• Recommending any industry's placement to the state government
• Performing any other duties that may be imposed by the state government's central board
• Creation or re-accreditation of labs for the examination of wastewater discharges

After conferring with the Central Pollution Control Board, the Ministry of Environment, Forest, and Climate Change classed industries into "Red," "Orange," "Green," and "White" categories in accordance with government rules and the aim of encouraging "Ease of Doing Responsible Business."

The Pollution Index, or PI, of any industrial sector is a number between 0 and 100; a rising PI value denotes a higher pollution load from that sector. Following a series of brainstorming sessions involving CPCB, SPCBs, and MoEFCC, the following "Range of Pollution Index" criterion for classifying industrial sectors has been decided upon.

• Red category: Industries with a Pollution Index score of 60 or higher 
• Orange category: Industrial Sectors with Pollution Index scores of 41 to 59.
• Green category: Pollution Index score of 21 to 40
• White category: Industrial Sectors with a Pollution Index score of 20 or lower.

Projects falling under the new category of "white," which are essentially non-polluting, are exempt from the environmental clearance requirement of the Environment (Protection) Act of 1986, as well as the consent requirement of the Air (Prevention and Control of Pollution) Act of 1981 and the Water (Prevention and Control of Pollution) Act of 1974.

• Consent to Establish (CTE)

No person shall establish or operate any industrial plant, operation, process, or treatment or disposal system without the prior approval of the Board, in accordance with Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and amendments thereto, and Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 and amendments thereto. Only one location receives a site-specific CFE order from the BSPCB. As a result, during the inspection, the representative must take the inspector to the actual project site.

• Consent to Operate (CTO)

According to Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act of 1974 and its amendments, as well as Section 21 of the Air (Prevention and Control of Pollution) Act of 1981 and its amendments, industries must obtain Consent for Operation (CFO) from the Bihar Pollution Control Board (BPCB) before operating their units. The BSPCB issues CFOs concurrently with one another. The owner of the business, undertaking, or sector must upload the CFO (new) application along with the necessary records and payment.

What Is The Procedure To Obtain a BSPCB NOC?

The Prevention of Water Pollution Act, 1969, was referenced in the process for getting consent to operate (CTO) and consent to erect (CTE) in the State of Bihar. The Board's rules were also created in compliance with Section 5 of the Air (P &CP) Act of 1981, the Air (Prevention and Control of Pollution) Act of 1981, and the Water (Prevention and Control of Pollution) Act of 1974. Before establishing the Project anyplace in the State of Bihar, the Project Proponent and Start-ups who wish to run their business project must first acquire permission. According to the range that each Project, Industry, and Non-Industries unit falls under in the Pollution Index and Pollution Potential for Consent management, they have all been divided into four categories: Red, Orange, Green, and White. Since the project must get authorization to operate by the specified date, approval to establish the project is not required because the project may already be established and in operation.

Let’s understand the procedure:

• Connect with the Corpseed team.
• Provide necessary documents for the Bihar Pradesh Pollution Control Board (BPCB) Consent/CTE/CTO
• We will assign a dedicated Consultant, an expert in managing the whole process of getting Consent/CTE/CTO from Bihar Pollution Control Board (BPCB).
• Our Pollution Control expert will reach out to you and complete the procedure to obtain a Pollution License for your Business
• Our Expert Consultant will draft & apply with Bihar State Pollution Control Board (BSPCB)
• We will deliver the CTE/CTO to you via email and courier

How to obtain an Environment Clearance under the BSPCB?

Any individual who wishes to establish, grow, modernize, or diversify an industrial unit or project in any area of the State of Bihar must submit an application to the Member-Secretary of the State Pollution Control Board Bihar along with the No Objection Certificate (NOC) fee, which is specified in the Board's notification, and a copy of the Project Report, which includes information on pollution control devices and includes a site plan, location map, and land paper.

• If the project cost exceeds Rs. 1 crore, the companies are required to submit an Environmental Impact Assessment (EIA) and an Environment Management Plan (EMP) with the application;
• Risk Assessment Reports are crucial for industries in the red category.
• The application will be processed, scrutinized, and the proposed site may be inspected whenever it is deemed necessary for a fair decision; (iv)
• A fee for the No Objection Certificate (NOC) will be charged on the project's capital cost, which will include the cost of the project's land, land development, buildings, cost of equipment and machinery, and the cost of pollution control facilities, along with infrastructure.

What are the Documents required for Consent?

For CTE

• PAN Card/Aadhar Card/ Voter ID
• Registered land Documents- Land Possession Certificate (LPC), Lease Deed, Sale Deed, and Land Receipt
• Project Report, which includes the proposed pollution control methods, the overall project cost, project specifics, and the manufacturing process.
• Location Map 
• Plant create a map
• Assuming the distances between various land features and the unit border as specified in the application.
• A copy of the competent authority's environmental clearance (E.C.).

For CTO

• PAN Cards, Aadhar Cards, Voter IDs, and Copies of CTEs from Prior CTOs
• A copy of the compliance report and environmental clearance (E.C.).
• An undertaking about compliance with CTE/CTO conditions (in the required format) and supporting documentation, such as photos and receipts for the machinery and pollution control measures that were purchased.

A path permit will be included with the initial Consent to Operate. According to the requirements of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, respectively, such industrial units must submit applications for permission to operate through the Online Consent Management and Monitoring System (OCMMS) along with the required paperwork, CTE and environmental clearance (if necessary), and consent fees. The unit must submit an application for both if it is covered by the Hazardous & Other Waste (Management, Transboundary & Movement) Rules, 2016, which it is. For the application of hazardous waste, a fee is necessary.

If any samples of effluent, air pollutants, or noise are required, they must be submitted before the original CTO, which is initially valid for one (1) year, expires. After the correct procedure is performed, the CTO will be revoked or cancelled.

The validity period of Consent to Operate for various categories of industries/projects under the Water Act of 1974 and the Air Act of 1981 will be as follows:

• Red Category: 5 Years
• Orange Category: 10 Years
• Green Category: 15 Years

The authorization under the Hazardous Waste Management Rules is valid for 5 years, as specified in the Rules.

What is the Procedure of Inspection under the BSPCB?

Any officer authorized by the Board has the right to enter any industry at reasonable times in order to carry out any of the duties assigned to him/her by the Board under Sections 23 of the Water (Prevention and Control of Pollution) Act of 1974, Section 24 of the Air (Prevention and Control of Pollution) Act of 1981, and Section 10 of the Environment (Protection) Act of 1986. Inspections are carried out to determine whether the stipulated standards and/or rules, which must be followed by establishments and industries, are in conformity.

Inspection Procedure:

• Inspections will only take place during the establishment's or industry's regular business hours, unless unusual circumstances call for a different schedule. The inspector will then inspect the industry. 
• The industry will be inspected from the surrounding areas along the border of the industry to see whether there is any discharge of effluents or disposal of solid or hazardous waste. The inspector must explain the intended inspection's objective to the occupier, occupier representative, or person in charge of the industry before the inspection ever begins.
• The inspector shall verify all the records pertaining to Validity and period of Consent(s), production, water pollution & control, air pollution & control, management of solid and hazardous waste.
• The inspector shall verify and collect specific information on the following points:

1. Operational status of the industry (whether operational/ closed, Daily/Seasonal/Perennial/ Occasional, Continuous/ Batch process, etc.)
2. Production records for a period of last six months (RG-1 copies)
3. Consumption quantities of major raw materials during a period of last six months
4. Fresh water source and storage capacity along with details of tanks
5. Permission to withdraw underground water, if any
6. Status of flow meters provided for recording water consumption for various purposes along with meter readings at the time of inspection
7. Effluent generation sources and quantities
8. Effluent collection, treatment and disposal details with details of authorized or unauthorized discharge points
9. Operation and maintenance of effluent treatment systems
10. Status of flow meters provided for recording effluent generation, treatment and disposal along with meter readings at the time of inspection
11. Air pollution sources and control measures with stack(s) details
12. Operation and maintenance of air pollution control equipment / systems
13. Status of energy meters provided for effluent treatment and air pollution control systems along with meter readings at the time of inspection
14. Details of solid and hazardous waste generation, storage and disposal
15. Pollution control surveillance system, if any

• The Inspector shall collect photographic evidence for observations of non-compliance.
• The inspector may seek information / clarifications or documentary evidence from the industry to ascertain compliance status.