Jammu Kashmir Pollution Control Committee NOC JKPCC License

The J&K Pollution Control Board was established as per a notification on 8th March 1987 under the Water (Prevention and Control of Pollution) Act of 1974. The Board has been carrying out its responsibilities under the terms of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. The Board was given additional responsibility in order to pass the Environment (Protection) Act of 1986 (EPA). The EPA has a vast regulatory and developmental domain in the subject of Environment Management, which is an umbrella Act, and many Rules enacted under this Act from time to time addressing the various aspects of pollution.

The EP Act has given the JK-PCB a number of tasks. An indicative list of certain Rules that have been notified by the Government of India and for which JK-PCB has been charged with implementation is provided below:-

• Implement the Municipal Solid Waste (Management & Handling) Rules, 2000.
• Implement the Plastic Manufacture, Sale & Usage Rules, 1999 as amended in 2003.
• Implement the Fly Ash Notification, 2009.
• Implement the Ozone Depleting Substances Rules, 2000.
• Implement the Noise Regulations, 2000 as amended in 2003.
• Implementation of the Hazardous Waste (Management & Handling & Transboundary Movement) Rules 2008.
• Implement the Battery Rules, 2000.
• Implement the Hazardous Waste (Management & Handling) Rules, 1989 as amended in 2003.
• Implement the Regulation of Plastic Carry Bags Ban, 2009.
• Implement the E-Waste (Management & Handling) Rules, 2011
• Examine the Environmental Clearance conditions issued by the Central & State Environment Impact Assessment Authorities under Environment Impact Assessment Notification 2006.
• Implement the Bio-Medical Waste (Management & Handling) Rules, 1989 which was amended in 2000.

J&K State Pollution Control Board is a statutory authority that was established in 1987 under the Water (Prevention and Control of Pollution) Act, 1974, and is vested with powers under that act, as well as the Air (Prevention and Control of Pollution) Act, 1981, and the Environment Protection Act, 1986, and various Rules made thereunder, to abate and control environmental pollution. The Board's primary goals are as follows:

• Implementation of various Environmental Laws.
• Control of industrial production in the state through the issuance of permits under the Air and Water Acts for the construction and operation of industrial units.
• Granting Authorization in accordance with the 2008 Hazardous Waste (Management, Handling, and Trans boundary Movement) Rules Regulations created by the Environment Protection Act of 1986, include the Biomedical Waste (Management & Handling) Rules and other authorization.
• To provide the State Government with advice on any issue relating to pollution prevention, control, and abatement.
• To record and share information about noise, water, and air pollution, as well as how to prevent and regulate it.
• Industrial units are required to be watched over and monitored.
• Increase public awareness of pollution prevention and control. 

Who Needs a Jammu and Kashmir Pollution Control Board (JKPCB) NOC?

To conduct operations, businesses that deal with hazardous waste and pollutants need permission from the relevant authorities. Any type of manufacturing business and commercial enterprise must have the necessary pollution control board's approval. A manufacturer must submit an application to the pollution control board for renewal if the consent expires. To begin operations, industries need one of two types of No Objection Certificates (NOC).

The Jammu and Kashmir Pollution Control Board has released a list of industrial units in accordance with the notification passed by the Central Pollution Control Board and processes broken down into Red, Orange, Green, and White categories, all of which are fully consistent and similar to the serial numbers in the CPCB list, in order to make it easier to work and share information online through the India E-track Web Portal. There are several types of units categorized under the Red category, the Green category, the Orange category, and the White category in the recently modified list.

The State Pollution Control Board must grant industrial units listed under the Red, Orange, and Green categories permission to construct and operate, although those listed under the White Category are exempt from these restrictions. Depending on the Pollution Index of the sectors in each zone, the OPCB categorizes industries. The Pollution Index has a scale of 0 to 100, with 100 denoting the most pollutant emissions from units. The following industries are divided into categories:

• Red Category: Pollution Index of 60 or more
• Orange Category: Calculating from 41 to 59 on the Pollution Index
• Green Category: Calculating from 21 to 40 for the Pollution Index
• White Category: Pollution Index up to or less than 20

• Consent to Establish (CTE)

All industrial projects and units that fall into the Red, Orange, or Green categories under the CPCB's revised industrial sector classification that the J&K SPCB later adopted are subject to uniform consent management and must obtain prior Consent to Establish (CTE) under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act of 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act of 1981. According to the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, industrial units falling under the White Category are excused from getting consent. Instead, they just need to notify the Board, which is sufficient.

• Consent to Operate (CTO)

All industrial projects and units that fall into the Red, Orange, or Green categories under the CPCB's revised industrial sector classification that the J&K SPCB later adopted are subject to uniform consent management and must obtain prior Consent to Operate (CTO) under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act of 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act of 1981. According to the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, industrial units falling under the White Category are excused from getting consent. Instead, they just need to notify the Board, which is sufficient.

In order to obtain Consent to Operate (CTO) and Consent to Establish (CTE) in the Union Territory of Jammu and Kashmir, the Prevention of Water Pollution Act, 1969, was cited. In accordance 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, the Board's rules were also developed. The Project Proponent and Start-ups who desire to operate their business project must first obtain authorization before establishing the Project anywhere in the Union Territory of Jammu and Kashmir. As determined by the ranges of the Pollution Index and Pollution Potential for Consent management for each Project, Industry, and Non-Industries unit. Red, Orange, Green, and White are the four categories into which they have all been separated. The project may already be created and operating, thus approval to establish the project is not necessary since the project must have the authorization to operate by the stipulated date.

Let’s understand the procedure:

• Connect with the Corpseed team.
• Provide necessary documents for the Jammu and Kashmir 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 JKPCB
• 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 Jammu and Kashmir State Pollution Control Board (JKSPCB)
• We will deliver the CTE/CTO to you via email and courier.

What are the Documents required to obtain Consent?

Consent to Establish

• Application forms must be submitted online, completely completed, and with the proprietor's or their authorized representatives' signatures.
• A detailed project report that includes information on the raw materials, the final product, the projected PCDs and PCMs, capital costs for the unit (land, buildings, and plant machinery), the water balance, the source of the water, and the amount of water needed.
• District Industrial Registration.
• Techno-feasibility report describing the processes used the production of effluents and emissions, and the handling of those substances within the permitted limits.
• Site Plan detailing the intended site and its surroundings.
• Detailing suggested Pollution Control Measures (PCMs) like Green Belt, Waste Minimization, etc., in the layout plan/building plan.
• For mining, hotels, banquet halls, poultry farms, and brick kilns, the licencing authority must grant permission (NOC).
• Land records for the ad (earmarked plan in case of the unit is situated in an  industrial area along with the complete papers of the registration of land , ownership, revenue record including registration for units outside industrial area)
• If the unit is set up outside of an industrial area, the appropriate municipal committees, local bodies, or block development officer must give their NOC.
• If the unit is set up outside of an industrial area, the appropriate municipal committees, local bodies, or block development officer must give their NOC.
• The prescribed consent fee to be submitted on-line in favour of the Member Secretary, J&K, SPCB.
• In case of expansion/enhancement in capacity, copy of latest DIC assessment / revised DPR.

Consent to Operate

• Application form (Sch.-I), completely completed and signed by the proprietor or other authorised agents, must be submitted online.
• A copy of the Consent to Establish.
• Online payment of the consent fee is required for the Member Secretary of the SPCB in J&K.
• Land records If not already provided, I lease deed for any units located in an industrial area or a non-conforming location.
• Field officers' trial run of PCDs and PCMs conformity report.
• A copy of the DIC evaluation or PMT registration.
• SMR from a Board-approved lab or a Board-owned lab.
• Photo of the installed APCDs and ETPs.
• A copy of the most recent DIC assessment or amended DPR in the event of an expansion or capacity improvement. 

Consent to Establish (Renewal)

• Online submission of application form i.e. Sch.-1.
• Latest Copy of CTE.
• Statement showing steps taken so far during the period of CTE (F) and probable period of commissioning.

Consent fee to be submitted on-line in favour of the Member Secretary, J&K, SPCB.

Consent to Operate (Renewal)

• Online submission of application form i.e. Sch.-I.
•  Latest copy of CTO (F).
• Statement showing steps taken so far during the period of CTO (F) and probable period of commissioning.
• Consent fee to be submitted on-line in favour of the Member Secretary, SPCB, J&K
• SMR from approved Lab of the Board/Boards own Lab.

Self-Declaration on compliance of previous consent conditions imposed in earlier consent issued by the Board.

What is the Validity of Consent under the Jammu and Kashmir Pollution Control Board (JKPCB)?

The period of validity of consent issued under Section 25/26 of the Water (Prevention and Control of Pollution) Act. 1974 and Section 21 of Air (Prevention and Control of Pollution) Act, 1981 is as follows-

For Consent to Establish, the maximum duration during which consent to establish may be granted is five years, or the length of the DIC registration. However, units are only required to apply for a minimum of one year.

Consent to Operate

• Red Category: 05 Years
• Orange Category: 08 Years
• Green Category: 12 Years

How are Inspections Carried out under the JK-PCB?

The following is required for the compliance inspections required under the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981:-

• Create and deploy a system to use computerized risk assessment to determine which establishments need to be inspected.
• Require the Department to receive the inspection report online within 24 hours.
• Enable users to view and obtain submitted inspection reports on their businesses by logging into the portal.
• Create and implement a system for computerized inspector allocation.
• Make it a rule that an inspector cannot visit the same place twice in a row.
• Make it mandatory to exempt green industries from environmental compliance checks.
• The Green Category of Industries is exempt from Environmental Compliance Inspection if they have a history of Satisfactory Compliance over the Past 02 Consecutive Years/02 Previous Inspections.
• Under all environmental and pollution regulations, compliance inspection requirements are differentiated based on industry pollution categorization, i.e. Red, Orange, and Green (as per CPCB categorization).
• The department's website has a checklist and well-defined inspection method posted.
• The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981 both require compliance inspections to be conducted using a software-based technique called "Computerized Inspection Allocation."
• This system uses automated risk assessment to determine which establishments need to be examined. 
• Using the aforementioned mechanism, the Department must receive inspection results online within 24 hours.
• Users can log in to the portal using the system to view and download submitted inspection reports for their companies.
• The system is built for computerised inspector allocation, and it is required that the same inspector not visit the same establishment more than once in a row.