Karnataka Pollution Board NOC

In accordance with the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Government of Karnataka established the Karnataka State Pollution Control Board for Prevention and Control of Water Pollution on September 21, 1974. The Water Act would include provisions for the maintenance or restoration of water wholesomeness as well as the prevention and management of water pollution. The aforesaid Board was given the duty of enforcing the Air (Prevention & Control of Pollution) Act, 1981, after its passage. As a result, in 1985 the Board was given the new name Karnataka State Pollution Control Board. An act from 1981 called the Air (Prevention & Control of Pollution) Act was passed to address the prevention, control, and mitigation of air pollution.

The KPCB further aims at implementing the provisions of the following acts

• Batteries (Management and Handling) Amendment Rules, 2010
• Environmental Impact Assessment Notification, 2006.
• Fly Ash Notification, 1999 and 2008
• Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
• Bio-Medical Waste Management Rules, 2016.
• Plastic Waste Management Rules, 2016.
• The Noise Pollution (Regulation & Control) Rules, 2000.
• Construction & Demolition Waste Management Rules, 2016
• Solid Waste Management Rules, 2016.
• E-waste (Management) Rules 2016
• The Public Liability Insurance Act, 1991.

According to Section 17 of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, the Board's key responsibilities include-

• To offer advice to the State government on any issue relating to the reduction of air and water pollution.
• To promote, carry out, and take part in studies and research into issues related to Water Pollution prevention, control, or abatement.
• Establish, alter, or repeal effluent standards that govern the quality of waterbodies (not including water in an interstate stream) as a result of the discharge of pollutants and to categorize State waters.
• To develop techniques for using sewage and appropriate trade effluents in agriculture; To develop effective techniques for dumping wastewater and trade effluents on land, which is necessary due to the prevailing conditions of negligible stream flows that don't provide the minimum degree of dilution for a significant portion of the year.
• To make, vary, or revoke any order 

1. For the prevention, control, or abatement of waste discharges into streams or wells; 
2. Requiring any person concerned to build new processes for the disposal of wastewater and trade effluents or to modify, alter, or broaden every such existing system or to adopt such corrective measures as are necessary to avoid control, abate, or mitigate water pollution

• To provide the State Government with information concerning the location of any industry that could potentially pollute a stream or well.
• To conduct periodic inspections of places where air pollution is controlled, evaluate the quality of the air there, and take action to avoid, control, or lessen air pollution in those areas.
• To provide advice to the State Government on the appropriateness of any place or premises for operating any industry that is likely to produce air pollution.
• To carry out any additional duties that the Central Board or the State Government may, from time to time, assign to it.
• To establish standards for the release of any pollutants in the air into the atmosphere from any source other than a ship or an aircraft, in consultation with the Central Board and keeping in mind the standards for the quality of the air established by the Central Board; Provided, however, that differing opinions for emission may be established under this clause for different industrial sources.
• To check any control systems, industrial facility, or manufacturing process at all convenient hours, and to issue orders to those who it deems essential to take action to prevent, control, or mitigate air pollution.
• Must provide the State Government with information regarding the location of any business that could potentially pollute a stream or well.
• To develop a comprehensive plan for the state's prevention, management, or reduction of stream and well pollution and to ensure its implementation.
• To review plans, specifications, or other information pertaining to plants set up for the treatment of water, works for its purification, and the mechanism for the disposal of sewage or trade effluents as well as to inspect sewage or trade effluents, works, and plants for the treatment of sewage and trade effluents, as well as in correlation with the grant of any consent as required by this Act.
• Considering the unique soil, climate, and water resource conditions of various regions, especially the prevalent stream and well flow characteristics that make it impossible to achieve even the smallest degree of dilution, it is necessary to develop affordable and dependable methods of treating sewage and trade effluents.
• To establish the standards for sewage and trade effluents that may be discharged into a specific stream as well as the tolerance limits for contamination that may be allowed in the stream's water after the emission of such pollutants.
• To establish effluent standards for people to adhere to when discharging sewage, sludge, or both, as well as to establish, alter, or repeal effluent standards for sewage and trade effluents.
• To develop and ensure the execution of a comprehensive plan for preventing, reducing, or controlling air pollution.

Who needs a Karnataka Pollution Control Board (KPCB) NOC?

Any person or unit, business who intends to install any industrial plant, process, treatment system, extension, or addition that could result in the release of sewage or industrial effluent into a stream, well, sewer, or on land must receive the Board's approval. Similar to this, no one who intends to build or run an industrial facility in an area subject to air pollution controls (the entire state of Karnataka has been designated as such) is allowed to release any air pollutants that exceed State Board criteria. These emissions must have the State Board's permission in advance.

The size of the enterprises and resource usage have been the main factors in categorizing processes. There was no consideration given to the potential harm to human health or the pollution caused by the release of pollutants and effluents. Any industrial industry's Pollutant Index, or PI, is a number between 0 and 100; a rising PI value indicates a heavier pollution burden from that sector. Following the conclusion of numerous brainstorming sessions including CPCB, SPCBs, and MoEFCC, the following Range of Pollutant Index guideline for defining industry sectors has been finalized.

• Red Category: PI scores of at least 60. Pollutants and industrial effluent are released in this area at dangerous concentrations. Regions that are ecologically fragile or protected cannot have industries that fall under the red category.
• Orange Category: PI between 41 and 59. Despite producing substantial levels of pollution, these industries are far less polluting compared to the red group.
• Green Category: PI between 21 and 40. Industries do not produce pollution that is harmful, although business emissions are modest.  
• White Category: PI with a 20 or lower range. This group of industries produces little or no pollution. The acquisition of a NOC is optional for industries falling within the white category.

Inspection by the Karnataka Pollution Control Board (KPCB)

Inspection and monitoring must be done to guarantee compliance. Businesses and other stakeholders perform better environmentally as a result of such checks. Further they have an effect on how well pollution control systems are actually maintained and operated. Additionally, they give authorities a more precise pollutant profile of the facilities. Improvements in the environmental performance of industries and other partners will also have an impact on their behaviour. Following is a list of essentials required before an inspection is conducted. They must be produced before the inspecting authority.

Inspection of site for new industries:

• The application that was submitted for CTE by the unit.
• Location map: EIA-attracted projects in the red category Notification 10 km radius; further red and orange categories of 1 km; green category of 500 mts. Each characteristic must be identified.
• Detailed list of raw materials.
• Water source and the effluent generation. The source of water used at the unit and the part that creates the pollutant.
• Detailed description of the activity being conducted.
• A proper plan stating how would pollution created by the unit will be treated and managed.
• Source of any other pollutant.
• An instrument tracking GPS
• A well-functioning Camera

Inspection of existing industries

• A copy of the Consent Order
• Data of any previous inspection conducted
• Notices issued by the Board Any notice that may have been issued by the KPCB
• A sampling kit accompanied by a field assistant
• Forms required for monitoring
• A Camera

Inspection for verification of Complaints

• A Copy of the issued complaint
• If it is related to the industry, the details of the industrial establishment and, pollution control measures attached with the status of compliance. 

Power of Entry for inspection

Any officers authorised by the State Pollution Control Board have the right to enter any industry at reasonable times with assistance for the process of performing any of the functions of the State Board entrusted to him/her, etc., under Section 23 of the Water (Prevention and Control of Pollution) Act, 1974, as amended, Section 24 of the Air (Prevention and Control of Pollution) Act, 1981, as amended, and Section 10 of the Environment (Protection) Act, 2006.

What is the Procedure for Inspection?

The officer assigned the inspection is required to follow the laid down procedure

• Before conducting the actual inspection of the premises, a notice of inspection in the required form must be sent to the occupier of the property, per the Statute.
• The inspection must be done with the occupier or authorised agent of the industry present.
• The following must be verified for the inspection of a new site

• CFE: Consent for Establishment as per the Water (Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act, 1981
• CFO: Consent for Operation as per provisions of the Water (Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act, 1981
• HWM: Authorization as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
• PWM: Registration/renewal as per Plastic Waste Management Rules, 2016
• EWM: Authorization/ renewal as per E-waste Management Rules, 2016
• BMW: Authorization/ renewal as per Biomedical Waste Management Rules, 2016 for the Red & Orange Category industry.
• SWM: Authorization and renewal as per the Solid Waste Management Rules, 2016
• C&D: Authorization and renewal as per the Construction and Demolition Waste Management Rules, 2016

When is Consent issued?

For CFE

• CFE for Red category under Water/Air Act with EIA Projects: 120 Days
• CFE for Red category under Water/Air Act with Non-EIA Projects: 100 Days
• CFE for Orange category (Construction projects not included): 40 days
• CFE for Orange category (Construction projects included): 70 Days
• CFE for the Green Category: 30 Days

For CFO

• CFO for Red category under Water/Air Act with EIA Projects: 120 Days
• CFO for Red category under Water/Air Act with Non-EIA Projects: 120 Days 
• CFO for Orange category Infrastructure Projects under Water/Air Act: 120 Days
• CFO for Orange category excluding Infrastructure Projects under Water/ Air Act: 120 Days 
• CFO for Green category under Water /Air Act- 120 Days 

1. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016- Authorization under HWM Rules- 120 Days 
2. Bio-Medical Waste Management Rules, 2016- 90 Days 
3. Plastic Waste Management Rules, 2016- 90 Days
4. E-Waste Management Rules, 2016- 120 Days 

The procedure for obtaining Consent to Establish (CTE) and Consent to Operate (CTO) in the State of Karnataka dealt with the Karnataka Prevention of Water Pollution Act, 1969. Also, the provisions of the Board were formed in accordance with the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and Section 5 of the Air (P &CP) Act, 1981. The Project Proponent and Start-ups who are willing to run their business project must have to obtain consent before the establishment of the Project anywhere in the State of Karnataka. 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. Since the given date of 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 Karnataka Pollution Control Board (KPCB) Consent/CTE/CTO
• We will assign a dedicated Consultant, an expert in managing the whole process of getting Consent/CTE/CTO from KPCB
• 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 Karnataka State Pollution Control Board (KPCB)
• 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.

What are the Documents Required?

• Specifications for Waste Water Disposal
• 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.
• A map that depicts the overall plan or layout of the unit
• The address, name, and mobile phone number of the person who owns an industrial unit.
• Details on the ETP are accompanied by a flow diagram.
• Data on Raw Water Consumption
• An auditor's Certificate of Adequacy for CTE
• The owner of an industrial unit's address, name, and mobile phone number
• A map which depicts the unit's overall plan or layout.
• Documents concerning land ownership (For CTE)
• An SSI Certificate and an Investment Certificate detailing the building, land, plant, and machinery.
• A notarized undertaking in the prescribed format on Rs. 100/- stamp paper.

The consent fee varies as per the kind of industry setup

• Capital Investing in Current Industries: Any existing industry's capital investment must equal the gross fixed assets of the industry. This investment must include money spent on land, buildings (including staff quarters), plants and machinery, goodwill, and other movable and immovable assets, as well as any subsequent year's additions. Following audit reports' fixed asset schedules, any further capital investments made after 1983 will also be taken into account when calculating capital investment.
• Making a capital investment to start a new industry or otherwise establishing it. Investment in land, structures, office space, equipment, and all other moveable and stationary assets as described in the research project.
• When leasing land, a building, or any other asset, the annual lease value multiplied by ten is considered to be an equal capital investment.

1. Adherence to the recommended siting requirements.
2. Distance between the proposed site and nearby human populations, water bodies, national or state highways, railroads, existing industries, forest boundaries, archaeological monuments, bio-reserves, wild animal sanctuaries, and religious and educational organizations
3. The location's latitude and longitude are given ( in case of Large and medium scale industries) 

• CTO issuance for existing industries 

When an industry submits a request for a CTO, the industry is examined to gather the following information

• Compliances to the conditions of CTE and CTO
• A verification relating to log books and relevant records.
• As per the Cess Act, a verification of the water meter.
• The source of wastewater flow metre generation, the energy metre connected to the ETP/STP, treatment plant operation, and disposal facilities offered.
• The facilities for storage, treatment, and disposal of hazardous and non-hazardous solid waste.
• Verification of the instrument's operation, calibrations, and data logging in the case of online/real-time monitoring.

In order to collect evidence for non-compliances during the inspection, the inspecting officer must follow the procedures outlined in the Water Act, the Air Act, and the EP Act when collecting samples of hazardous waste, groundwater, surface water, and soil, depending on the requirement. It is important to take care when drawing the required mahazar on the spot, keeping the sample safe for transportation to the jurisdictional Board Laboratory, and dividing it if necessary. The occupant or the designated agent must receive a copy of the mahazar. 

If the industry maintains a book, the inspecting officer must notify non-compliances and infractions verbally and record them in it.