U.P Pollution Control Board Authorization

An organization established as a statutory body charged with carrying out environmental laws and regulations under the purview of the Indian state of Uttar Pradesh is the Uttar Pradesh Pollution Control Board. The UPPCB, before gaining its present-day name was called the U.P. Water Pollution Prevention and Control Board and was set up on 3rd February 1975 as per the provisions laid down under the Water (Prevention and Control of Pollution) Act, 1974. The board later amended its name to the Uttar Pradesh Pollution Control Board on 13th July 1982 post the implementation of the Air (Prevention and Control of Pollution) Act. 1981. Along with other duties under the Environmental Protection Act of 1986, the Board was also given authority and obligations under the Water (Prevention and Control of Pollution) Cess Act of 1977.

• Offer suggestions to the Uttar Pradesh Government on any concern including the reduction of air and water pollution along with the enhancement of air quality.
• Create public awareness campaigns to educate consumers about Waste Management, pollution avoidance, and Control.
• Prepare detailed and statistical information related to air and water pollution by gathering, combining, and preparing it.
• Set standards for sewage, trade effluents, and emissions from manufacturing facilities, vehicles, and healthcare facilities.
• To help with the development of new technology for the treatment of sewage, trade effluents, and control equipment.
• Granting authorization permits to various industries, including those in the Red, Orange, Green, and White categories.
• E-waste Authorization, Bio-Medical Waste Authorization, Hazardous Waste Management Authorization, Plastic Waste Management, Battery Waste Management, and Health Care Facilities Authorization are all categories under which the Authorization is granted to businesses and medical facilities.

What is the Importance of Uttar Pradesh Pollution Control Board (UPPCB) Certificate?

• Support for the development of any industry, whether it is new or old.
• Enables an upgraded or new power connection.
• Requesting a new or renewed license from the local authority.
• To renew an eating establishment license or obtain a police license
• Obtaining a NOC from the Central Ground Water Authority is necessary (CGWA)
• To get the Fire Department's NOC.
• To obtain an International Trade License. 

Functions of the Uttar Pradesh Pollution Control Board Registration 

The U.P. Pollution Control Board carries out the following principal activities in order to fulfil the obligations imposed on it by the Water Act of 1974, the Water Cess Act of 1977, the Air Act of 1981, and the Environment Protection Act of 1986:

• Granting certificates of no objection to environmental pollution, including the suitability of the location from an environmental standpoint.
• Obtaining consent in accordance with Sections 25 and 26 of the 1974 Water (Prevention and Control of Pollution) Act.
• Grant of Consent as per the provisions under Section 21 laid down under the Air (Prevention and Control of Pollution) Act of 1981.
• Water (Prevention and Control of Pollution) Cess Act of 1977 provisions governs the assessment and collection of water cess.
• Identifying, evaluating, and controlling the causes of municipal and industrial contamination.
• Evaluation of the environment's air quality
• Evaluation of the inland surface waters' quality
• Massive awareness campaigns
• Effluent and emissions requirements notification.
• Technology development for Pollution control
• Legal action being taken against defaulters
• Authorization under the 1989 Hazardous Waste Management Rule: Issues and Discussion.
• According to the 1989 Manufacture, Storage, and Import of Hazardous Chemicals Rules, segregated storages must be identified, and crisis management strategies must be implemented on-site
• Application of the Biomedical Waste Rules, 1998.

Who Needs a UP Pollution Control Board (UPPCB) NOC Certificate?

According to the current pollution control laws, all industrial units must first get Consent to Establish (No Objection Certificate) from an environmental pollution perspective. The board has established a structure for applications for this purpose. Industries must submit an application and all needed enclosures, including information on the planned pollution prevention plans, site data, registration documentation from the industry department, etc.

Based on their pollution index, enterprises in the State are divided. 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. The Range of Pollution Index's completed classification criteria for industrial sectors are as follows:

• White Category: The industries under this zone are categorized as low or non-polluting. White Category industries have a pollution index ranging between 0 to 20, the certificate for the Industries of the white category has to obtain Pollution Board Registration with no requirement for a CTE or CTO.
• Red Category: Industries in the Red Category emit toxic and hazardous wastes that heavily pollute the environment. Red category industries are the industries that have a Pollution Index score of more than 60.
• Orange Category: Orange Category industry includes those industries that have a pollution index ranging between a pollution score of 41 to 59. Industries under this category emit high levels of pollutants into the environment.
• Green Category: Green Category industries generate a pollution index that ranges between the score of 21 to 40. Considered polluting industries but at moderate levels that are not harmful to a healthy human. 

The industries categorized under the Red, Orange, and Green categories are the only categories that are mandatorily required to apply for a Consent to Establish (CTE) and Consent to Operate (CTO) under the Air & Water Act. The industries categorized under the white category are not required to obtain Consent to Establish and Operate. Enterprises falling under the White category are required to intimate the UPPCB within 30 days from the Establishment of business accompanied by an undertaking.

What Are The Types of Consent Required for Industries Under UPPCB Consent?

Before the establishment of the Project, the Entities or Project Proponents who will create and manage the Project, Industry, or Business must get permission. Before beginning the process, the Water Act of 1974 and the Air Act of 1981 seek Consent to Establishment (CTE) from the relevant local pollution control committee or state pollution control board.

• The Consent to Establish (CTE)

As per the current norm, Consent to establish or a No Objection Certificate is required for all categories of industries, keeping in mind the preservation of the environment. A CTE is an authorization certificate given by the UPPCB before the commencement of any business. For every Project Proponent, the CTE from the State Pollution Control Board is mandatory compliance. The application shall be submitted through the prescribed procedure along with the application fee and Inspection of the same. This document ensures that an enterprise is not objected to any covenants that are mentioned in the certificate. 

• The Consent to Operate (CTO)

The Unit that is established needs to obtain the No Objection Certificate from the SPCB for the operation of the project or unit in the Concerned State.  The application for Consent to operate requires a separate form filling along with the application fee and documents, based on the correctness of the same application.

What Are The Approvals Needed For New Businesses?

The applicant needs to obtain necessary approvals from authorities in order to establish units, they are as follows.

• Consent to establish (CTE) and Consent to operate (CTO) according to Air/Water Act,
• Permission from the authorities for the Different Kinds of Noise pollutants.
• Permission for the extraction of Groundwater
• The Design of the building has to be approved by the Concerned local authorities
• Fire safety authorization

• Open the portal through the registered website
• Register yourself through the portal with your details
• Generate a User id and Password
• The registered user has to login to the portal, fill out the application form and provide the unit for which you are applying for
• Provide the No objection certificate details which you are looking for. Select your categorized unit, and the relevant Governmental Department
• Proceed & apply.
• Pay the required fee at the same portal
• The application shall be moved to the concerned department after the payment of fees.
• The concerned department shall inspect all documents and shall raise a concern in case of any concerns within seven (7) days, wherein the applicant has to look after them and there.
• The officer shall approve or reject the Consent application
• The successful application can be downloaded by the applicant through his personal login Id.

• A Cover letter with a clear statement of the Industry and the operation of the same.
• Authorized Person Pan card 
• Aadhar Card
• Pan card of the unit in case of Partnership/Company
• Authorization letter 
• Copy of the Memorandum of Association (MOA) or Registered partnership deed for Partnership companies except for Proprietorship
• Municipal/Industry License
• Factory/Trade/health Trade License
• Proof of Registration of the Unit
• CA Letter for total project cost
• Layout Plan of various process equipment, and utilities such as Generator, boiler, etc.
• Diagram of the Surrounding environment (showing the lands and other sites of the surrounding environment up to the areas of 2 Km from the unit)
• A detailed process of the manufacturing of the product
• Detailed manufacturing process
• FSSAI Certificate (for food businesses)
• Electricity bill
• Proof of Ownership (Copy of Sale deed/Lease Deed or any other documents for the proof ensuring the possession of the site)
• Water Clearance from the Competent Authority and Bills of the same of Sewage, other methodology, disposal A Sewage Treatment Plant (STP) proposal must contain details of the characteristic mechanism

Which Entities Require an Uttar Pradesh Pollution Control Board (UPPCB) Consent?

• Manufacturing Entities
• Health care Establishments
• Traders
• E-waste Management entities.
• Solid waste Management entities
• Hazardous Waste Management entities
• Battery Waste Management entities
• Plastic Waste Management entities
• Bio-Medical Waste Management entities

The fee charged by the State Pollution Control Board for the filing of the Consent to Establish ranges from Rs. 250 to Rs. 1 lac which depends on the capital investment made by the Project Proponent.  Additionally, the annual renewal fee is also charged which usually stays half of the value of the Initial application fee being charged. The Waste management authorization is granted for 5 years at a time.

How Much Time Does It Take For The NOC To Be Issued?

The number of days required for obtaining the Consent or rejection letter is 120 days from the date of application.

Consent to Establish (CTE) for the Red, Orange, and Green categories is granted for one year or till the completion and installation of the Project, and Consent to Operate (CTO) for the Red, and Orange categories shall be five (5) years. The Green Category Consent may be given up to 10 years, and the White Categories Industries may be granted for a period that may extend up to 7 years. All such industries have to move an application for the renewal of such Consent after their respective time. In case of a Project is changed, it has to obtain Fresh Consent from the State Pollution Control Board.

Penalties & Compensation

The State Pollution Control Board or the Pollution Control Committee has powers against the units found damaging Environment Norms. The project proponent shall be liable to imprisonment for up to 3 months and a fine of a minimum of Rs 10,000 which may extend to 1 % of the Project Cost. Action would be taken if the board finds that entities are in operation without obtaining Consent from the concerned regulatory bodies or even if the consent is obtained wrongfully.

The State Pollution Control Board can make an assessment of the Amount of Environment Compensation with the method of charged environment Compensation as made by the Central Pollution Control Board.