Haryana Pollution Control Board Authorization

The HSPCB is the apex pollution-controlling body constituted in the year 1974, for the State of Haryana. The board aims to achieve its objectives through the implementation of laws, by-laws, technology, and economic integration for the feasibility of the control of liquid and gaseous emissions. One of the essential tasks of the board is to ensure the protection of water bodies, forests, and lands of the state. The board monitors pollution caused by emissions of untreated materials. It further promotes the reuse of trade effluents and treated effluents. The Government of India formed a board for each state to ensure uniform laws and to tackle issues that endanger the lives of living beings.

• Reduce the need for pollution management by placing new industries in the right places and moving existing ones as necessary.
• Increase the amount of sewage and industrial waste that is reused or recycled, and use them properly treated waste on lands for agriculture and industrial purposes.
• The objectives are to preserve and repair the overall quality of the water for different numerous uses as well as to effectively regulate water and air pollution.
• Control pollution at its source while taking into account both gaseous and liquid effluents' techno-economic efficiency.
• Make sure that the flow of untreated municipal waste does not contaminate natural waters.
• To set up a comprehensive program for the prevention, control, or abatement of pollution of streams and wells moreover as of air within the State, and to secure the execution.
• To advise the State government on any matter regarding the prevention, management, or finding of the source of pollution.
• To collect and propagate data about pollution and take necessary prevention and control measures.
• To encourage, conduct, and participate in investigations and analyze issues related to pollution.
• To collaborate with the Central Pollution Board in organizing coaching of persons engaged or to be engaged in programs about prevention, and management of pollution and to prepare mass education schemes related to it.
• To inspect waste products, trade effluents, and plants for the treatment of waste products and to review plans, specifications, etc. about treatment plants.
• To lay down and modify Annual effluent standards for the waste product and trade effluents, and for the standard of receiving waters (not being water in an interstate stream) ensuing from the discharge of effluents and to classify waters of the State.
• To evolve in finding economical and reliable ways for the treatment of waste products, considering the peculiar conditions of soils, climate, and water resources of various regions.
• To evolve ways to utilize waste products and appropriate trade effluents in agriculture.
• To evolve economical ways for the disposal of waste products.
• To lay down standards of treatment of waste discharged into any specific stream.
• To implement effective measures for the control of pollution of the highly polluting industries, rivers, and areas of the State.
• To create awareness of polluting agents to the General Public, Industry, and Local authorities.
• To plan effective assistance, guidelines, and development of highly efficient technologies and demonstrate the same through various means.
• Follow measures for enhancing the capacities of projects.
• To implement plans for the training, development of the Laboratory, and infrastructure.

Importance of Haryana State Pollution Control Board (HSPCB) Certificate

• Assistance in the creation of any industry, new or old.
• Regarding a new or modified electricity connection.
• Requesting a license from the municipal authority, either new or renewed.
• To obtain a license from the police or renew an Eating House License
• In order to receive a NOC from the Central Ground Water Authority (CGWA)
• To get the Fire Department's NOC.
• To obtain an International Trade License. 

Main functions of the Haryana Pollution Control Board Registration

• Educate the public, local government officials, and industry about environmental degradation.
• Encourage local governments and businesses to take preventative action to reduce pollution.
• Make it a priority to control pollution in highly polluting areas of the State, such as industrial areas, and river sections.
• Determine the sources of pollution and start taking steps to reduce, prevent, and regulate it.
• Improve the people, infrastructure, and laboratory development, as well as training, to boost the capabilities for pollution control.
• Encourage action and help by establishing demonstration plants, providing incentives and instructions, and developing cost-effective technology.

Who needs an Haryana State Pollution Control Board (HSPCB) NOC?

An individual or Project Proponent, who is operating the Industry or Project of Manufacturing unit, Clinics, Hospitals, Hotels, or Restaurants in the State of Haryana, need to obtain a No Objection Certificate from the State Pollution Control Board along with compliance and its rules and regulations. The Pollution Control Board grants consent to anyone who wishes to operate or establish an industrial plant or any other project in the State of Haryana.

Industries in the State are categorized based on their pollution index. Any industrial sector's Pollution Index, or PI, is a number between 0 and 100, and an increasing PI value indicates a greater pollution load coming from that sector. The following criterion on the Range of Pollution Index for classifying industrial sectors is finalized. They are as follows-

• White Categories: White Category industry is an industry which has a pollution index ranging between 0 to 20, the certificate for the Industries of the white category has to obtain Pollution Board Registration.
• Red Categories: Red category industries are the industries which are having Pollution Index score of more than 60.  
• Orange Categories: Orange Category industry includes industries that have a pollution index that ranges between a pollution score of 41 to 59.
• Green categories: Green Category industries contain a pollution index that ranges between the score of 21 to 40.

The industries categorized under the Red, Orange, and Green categories need to apply for Consent to Establish (CTE) and Consent to Operate (CTO) under the Air & Water Act. The industries categorized under the white category do not need to obtain a CTO to operate, however, it is required that one intimates the Haryana State Pollution Control Board within 30 days from the Establishment of business along with an undertaking.

Industries That Require An Haryana State Pollution Control Board (HSPCB) Consent

• Healthcare Facilities 
• Manufacturing Organizations
• Organizations dealing with E-Waste Management.
• Companies that include Solid Waste Management as their process.
• Firms that include Hazardous Waste Management activities.
• Battery Waste Management elaborately followed.
• Places that observe adherence to Plastic Waste Management Rules
• Facilities dealing with healthcare follow Bio-Medical Waste Management.

How to Grant New Units Consent to Establish (CTE)?

• New Industrial and Non-Industrial Sectors, Projects, and Units that fall under the Red, Orange, and Green Categories, must apply for the Board's consent to establish through the Haryana Enterprises Promotion Center's (HEPC) online portal in the prescribed form and pay the necessary NOC/CTE fee as set forth by the Board.
• The applicant must be an officer of the industry or project who has been duly allowed to do so by the unit's owner, board of directors, or partners.
• All relevant documents for the NOC shall be uploaded on the website by the firms when submitting their CTE applications.
• When submitting an application for CTE, the units must also include an undertaking stating performance security which is an undertaking from the applicant attesting to compliance with all CTE requirements, knowledge of applicable rules and self-procedures for consent management under the Water Act of 1974 and the Air Act of 1981, and certification regarding the non-starting of any construction or installation.
• To handle CTE cases, no inspection is necessary unless a violation is brought to the Board's attention. The undertaking or self-certification provided by the unit will be sufficient to decide on CTE applications, subject to the submission of a complete application along with the required documents, a consent fee, and performance security.
• Legal action will be taken against those units by filing a case in the Special Environment Court for those violations if it is discovered at any point that the work at the site of the unit has been started before receiving the Consent to establish under the Water Act, 1974, and Air Act, 1981, from the Board.

The procedure for obtaining Consent to Establish (CTE) and Consent to Operate (CTO) in the State of Haryana are dealt with the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and rule 15 of the Haryana Air (Prevention and Control of Pollution) rules, 1983. The Project Proponent and Startups who are willing to run their business project must have to obtain consent before the establishment of the Project anywhere in the State of Haryana. The act requires asking the permission before the establishment of the Project, the Procedure for Obtaining Consent to Establish and Consent to Operate are regulated through Section 25, 26, and 27 of the Water act, 1974 along with rule 22 of the Haryana Water rules, 1978 and Section 21 of the Air Act, 1981 along with rule 15 of the Haryana Air rules, 1983, wherein all the Projects, Industries, Non-industries units have been categorized under four categories that are Red, Orange, Green, and White according to the range under which it comes in the Pollution Index and Pollution Potential for Consent management. The consent to operate has been in operation since 15.04.2014 which has not been covered earlier, from the given date the Project which is already in Operation needs to obtain Consent to operate and there is no need to obtain Consent to Establish permission as such Projects are already established and might be in operation.

Let’s understand the procedure:

• Connect with the Corpseed team.
• Provide necessary documents for the Haryana Pollution Control Board (HSPCB) Consent/CTE/CTO
• We will assign a dedicated Consultant, an expert in managing the whole process of getting Consent/CTE/CTO from HSPCB
• 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 Haryana State Pollution Control Board (HSPCB)
• We will deliver Consent/CTE/CTO to you via email and courier

Restriction on the Establishment of Project at a certain Location

The Project/Industries shall only be able to operate at a certain location such as in Ecologically Fragile areas/Protected areas/residential areas or colonies.

• Site or location plan for the sector.
• Pan card of the individual as well as of the Company.
• Aadhar Card
• A letter stating authorization
• A license of a municipality or industry.
• GST Certificate
• Deed of Partnership, Memorandum of Articles of Association, Certificate of Proprietorship, Board of Directors' Resolution, and Partners' Agreement regarding Authorized Signatory.
• Land records include information about the property, such as registration deeds, rent deeds, and lease deeds.
• If the project is situated in an industrial zone or focus point, the authority will issue an allocation letter.
• An affirmation by the business claiming that it has secured approval to establish in the defined industrial zone from the relevant government department, in the case of industries located in designated industrial zones.
• A duplicate of any regulations or certifications that are unique to the sector.
• Complete production flowchart and project report.

The Fee for the registration and obtaining authorization prescribed by the Government of Haryana, Department of Environment, to obtain the Consent to Establish or No Objection Certificate and Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1981, or for the authorization under the Bio-Medical Waste Rules, 1998 differs for Project to Project that is Red, Orange, Green, & white category, depending on the Investment Cost of the Project, and Severity of the project the application fee would be higher for the projects with high investment which may range from (Rs. 100 to more than two lacs)

• Subject to the validity of obtaining permits or the date the project was commissioned, whichever comes first, the CTE for projects needing environmental clearance shall be given for a period of up to seven (7) years.
• For projects that don't need environmental approval, the CTE shall be given for up to five (5) years from the day the facility is commissioned.
• Consent to Operate (CTO) for the Red, and Orange categories shall be five years, and for the Green category for maximum 10 years. The white category industry shall be valid for seven years.

How to Renew a CTE?

• Units planning to have their CTE automatically renewed by the Board must apply online through the HEPC portal at least 90 days before the expiration date of their previous CTE.
• The CTE may only be extended once, for a maximum of two years, after the initial period has expired, provided that the applicable EC is still in effect.
• If the necessary NOC/CTE payments are paid, the option for CTE renewal is only available for one term. Such units will submit the necessary NOC/CTE fees along with the application for automatic renewal for the renewal of the consent to establish only once.
• The 50% performance security that was deposited by the unit at the time of obtaining the first CTE will be forfeited if the unit fails to apply for renewal of CTE before 90 days of the expiration of CTE and does so thereafter up until the date of expiration of CTE. 
• Units that have been granted CTE but do not intend to continue the building and installation of their project after the CTE's validity period must make an undertaking to the Board in this regard at least 30 days before the CTE's expiration date, using the approved format.