"Ensure eco-compliance, Obtain State Pollution Board's NOC easily."

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OVERVIEW

The Air Act of 1981 and the Water Act of 1974 have designated State Pollution Control Boards (SPCB) and Pollution Control Committees (PCC) with the duty of providing No Objection Certificates (NOC) to businesses or services in their jurisdiction. NOCs act as checks and ensure that any industry within a jurisdiction follows the guidelines and restrictions imposed by the state’s law.

SPCB, through their NOC, ensures that any unit or manufacturing plant is constructed as per the location policy of the individual state and also makes sure any risky industry doesn’t get permission in a sensitive or prohibited zone or area of the state, which in turn can be a significant loss of investment for a business person.

TYPES OF NOCs

There are two types of NOC required by the clearance board:

1. Consent to establish

2. Consent to operate

Consent to Establish –

• Every eligible industry, processing unit, or plant is required to obtain Consent To Establish NOC from the SPCB or PCC.

Consent to Operate

• To guarantee that the operational standards of eligible industries are maintained, Consent to Operate (CTO) is necessary.

• After CTE, the entity must first receive Consent to Operate (CTO) NOC before it can begin to operate.

• Before issuing CTO, the facility is thoroughly inspected by each SPCB. The authorities identify any potential risks and provide the owner or representative with the necessary advice.

WHO IS REQUIRED TO TAKE NOC?

Industries that fit under the Central Pollution Control Board's list of classifications, such as for these NOCs, the Red, Green, and Orange categories—as well as the recently established White category—must approach their respective SPCBs. Many states keep a list of exempted categories that do not need any Consent NOC.

VALIDITY

Consent to Establish (CTE)

• Depending on the type and SPCB, the validity of the consent to establish NOC might range from 1 to 5 years.

• The NOC will need to be renewed or reapplied if the unit is not commissioned within this time frame.

Consent to Operate (CTO)

• For Red category industries, NOC is valid for 5 years

• For Orange category industries, NOC is valid for 10 years

• For Green category industries, NOC is valid for 15 years

RENEWAL –

The NOC is only renewed if the criteria stipulated in the prior consent NOC have been satisfactorily met. Industries must submit a CTO Renewal application 30 days before the expiration of the previous NOC.

PENALTIES –

• According to Section 33 of the 1974 Water Act, SPCBs may also direct the closure, ban, or regulation of an operation or process of the defaulters.

• The SPCB may also revoke the permission granted under Section 21 of the Air Act prior to the end of the time or deny renewal of permission if the prerequisites for the permission are not met.

• Additionally, SPCBs have the authority to stop supplying these industries with water, power, or any other service.

• After providing an entity a chance to be heard, SPCB may choose not to provide consent.

DOCUMENT REQUIRED FOR ANNUAL RETURN FILING-

The required document is accordingly

Mandatory Document-

• Id and address proof of the authorized person.

• Pan card (the unit is partnership/company).

• Authorization letter. (Not required for sole proprietorship).

• Factory license

• Trade license

• Registration certificate of the unit

• Total project cost approved by ca

• Site plan layout.

• FSSAI certificate (for food businesses)

• Utility bill.

• Compliance report of NOC.

• Effluent treatment plant or add-on pollution control completion certificate.

• Satellite image of the project/industry site.

• Environmental statement (required in case of extension or renewal).

Water Consent/NOC –

• For effluent/sewage treatment plant –

Technical report on effluent treatment plant (ETP) and sewage treatment plant (STP).

Drawing of ETP/STP

• Waste water treatment analysis reports (in case of renewal/expansion)

• Water consent conditions compliance report.

• Water Cess returns (if applicable).

Air Consent/NOC

• Technical specifications of air pollution control arrangements

• Schematic diagram of monitoring facility (pot hole & plate form with spiral ladder)

• Analysis reports of emission (in case of renewal/expansion)

• Compliance of air consent conditions (in case of renewal/expansion)

Hazardous Waste

• Details of SLF/incinerator (if applicable)

• List of hazardous waste generated

• Authorizations conditions compliance (in case of renewal / expansion)

*DOCUMENTS ARE SUBJECT TO CHANGE AS PER REQUIREMENT

FAQ

The time it takes to receive an NOC from the SPCB may vary depending on the state and type of project. However, typically it takes around 30 days from the date of application and the SPCB is legally bound to provide a decision within 90 days of the application submission.

If your application for an SPCB NOC is rejected, you will be informed of the reasons for rejection and given an opportunity to appeal the decision or submit additional information.

Yes, SPCB NOC needs to be renewed periodically, usually after 5 years. The industries and factories need to apply for the renewal of NOC by submitting the necessary documents and fees to the SPCB.