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Industries Exempted from obtaining NOC from Pollution Control Board

Overview of Pollution Control Board

Pollution Control Board was established to take care of air pollution, water pollution and to maintain the polluted environment. Pollution Control Board acts as an authority to balance the issues related to polluted environment and polluted water. It issues various types of policies and various instructions regarding pollution, if we talk about the 21st century, environment is an issue which is one of the most discussed topics. 

If you want to start any industry then it is mandatory that you have to obtain NOC certificate from the Pollution Control Board and your established industry will also have to ensure that it is not promoting pollution in the environment and maintaining environmental balance. Not even spoiling it. Pollution Control Board works as a foundation to bring the increasing pollution in air and water under control and to know the reasons for increasing pollution and to impose restrictions on those reasons. 

While issuing NOC, the Pollution Control Board provides recommendations on many matters related to improving air quality to a great extent and also works on prevention of water and air pollution. To start any industry, to modernize your industrial plant and to increase the air and water pollution load, you need to get NOC from the Pollution Control Board under the legal provisions of ' Air Pollution Act 1981' and 'Water Pollution Act 1974'. It is mandatory to receive after the 'Consent to Operate' of the industry you are starting expires, it is very important to apply for its renewal.

Benefits of Getting NOC from Pollution Control Board: 

If you get NOC from Pollution Control Board then you get many types of benefits which are as follows:

  • Helps to a great extent in ensuring sustainable development and promoting development, by obtaining NOC from Pollution Control Board.
  • Obtaining NOC from the Pollution Control Board helps in controlling the increasing pollution in the environment and controlling the conservation of natural resources.
  • Obtaining NOC from the Pollution Control Board lays down the rules to protect the environment and implement effective waste management programs in the interest of the environment.
  • It has been observed that if consumers get NOC from Pollution Control Board then awareness also increases among them.
  • If you have to obtain another license or obtain another NOC then it is very important that you obtain NOC from the Pollution Control Board.
  • Only the NOC obtained from the Pollution Control Board obliges any industry to follow all the compliances related to pollution.
  • Both consent for the operation of any industry and consent for the establishment of that industry is given only by NOC from the Pollution Control Board.

Documents Required to Obtain NOC from Pollution Control Board:

To obtain NOC from Pollution Control Board, some essential documents are required which are as follows:

  • Address certificate and ID of the authorized person
  • PAN card of the authorized person (if the entity is a partnership company)
  • Authorization letter (but this is not necessary in case of sole proprietorship)
  • Factory License
  • Business license
  • Proof of registration of the entity
  • CA letter (for total project cost)
  • Site plan layout
  • FSSAI certificate (for food businesses)
  • Electricity bill and utility bill
  • Compliance Report of NOC
  • Completion report of add-on pollution control or effluent treatment plant.
  • Satellite imagery of the project or industry site
  • Environmental details are very important in case of renovation or development.

Water Consent or NOC-

For Sewage Treatment Plant or Effluent you need to submit the following documents

  1. Technical Report on Effluent Treatment plant and Sewage Treatment Plant
  2. Treated Waste Water Analysis Report (in case of renewal or expansion)
  3. Compliance with water consent conditions
  4. Water appliance return (if applicable)

Air Consent or NOC-

  1. Technical specifications of air pollution control system
  2. Schematic diagram of monitoring facility (lesson hall and platform with spiral staircase)
  3. Emission analysis report in case of renovation or expansion
  4. Compliance with Air Force conditions in case of renewal or extension

Complete Procedure to Obtain NOC from Pollution Control Board:

  • Every state board has its own application form to obtain NOC from the Pollution Control Board. If an applicant wants to obtain NOC, then first of all the applicant has to fill the application form with all the necessary documents. The applicant has to fill the State Pollution Control Board application form specifically on their respective website.
  • The application form filled by the applicant should include the following information such as site description, proposed pollution control plans and other registration certificates from the Industries Department etc.
  • When the application form submitted by the applicant is attached with the required documents, then the applicant will have to submit his application to the concerned authority, such as to the General Manager, Member Secretary or District Industrial Centre, Pollution Control Board or each State Pollution Control Board.
  • The Pollution Control Board has to respond to the application form submitted by the applicant within 4 months.
  • After inspection of your application, if your NOC application is found completely correct then it is accepted by the authority of the business premises or if there is any deficiency in the documents or if it is not found correct during inspection, it is rejected.
  • After accepting the application, NOC certificate is issued to the applicant. If for any reason the applicant's application is rejected by the Pollution Control Board, then it is mandatory for the applicant to give proper reason for the same.

Some strict Provisions of Pollution Control Board:

  1. As per Rule 25(2) of Hazardous Wastes (Management, Handling and Trans Boundary Movement) Rules, 2008, If anyone violates the rules and provisions laid down by the Pollution Control Board, the operator and the occupier will himself be liable to pay the financial penalty imposed.
  1. According to Section 15 of the ‘Environment Protection Act 1986’, If the occupier violates any provision of Section 15 of the Environment Protection Act 1986 or any orders and guidelines issued by it or fails to comply with the rules made by it for any reason, then he will have to face the following penalties -
  • Imprisonment may extend to 6 months and may extend to 5 years
  • He may also have to pay a fine and this fine can be increased up to ₹100000
  • If the violation of the provisions continues, additional penalties such as a fine of ₹5000 per day can also be imposed.
  • If the contravention referred to in sub-section (1) continues for more than a period of one year after the date of conviction, the offender may be punished with imprisonment of either description for a term which may extend to seven years.

Industries which are required to take NOC:

There are some institutions which are required to obtain NOC from the Pollution Control Board before setting up an industry, such as -

  1. Manufacturing concerns and traders
  1. Health care establishments
  1. Battery Waste Management Organizations
  1. Waste and Solid Management
  1. Plastic waste management organizations
  1. Biomedical Waste Management Institutions
  1. Hazardous Waste Management Organizations

Industries Exempted from Obtaining NOC from Pollution Control Board:

Pollution Control Boards or Pollution Control Committees play a fundamental role in maintaining industrial compliance with environmental regulations depending on regional specificities. Under similar circumstances, it is mandatory that if any institution wants to set up an industry, it should obtain NOC from the Pollution Control Board before starting operations.

But there are some industries which are kept out of these conditions which do not require NOC from the Pollution Control Board for operation. Such as

A). Small and Cottage Industries: 

Small and cottage industries, which are defined by their traditional technology, their modest scale and their community ties, are exempted from obtaining NOC from the Pollution Control Board. These industries include everything from crafts to micro enterprises to legal businesses. They promote economic activities to a large extent and preserve traditional skills, besides providing jobs. 

Reasons for exemption from NOC-

  1. Less Environmental Impact:

    There are some industries whose operations have less impact on the environment and such industries also use methods that have less impact on the environment for their operations.
  1. Local Employment:

    Small and cottage industries provide more and more job opportunities in rural areas, which helps in providing employment to the local people.
  1. Economic Development:

    Such industries promote economic development and encourage entrepreneurship.
  1. Community Wellbeing:

    Small and cottage industries strengthen community ties and local economies to a large extent

B). Cottage and Artisan food processing units:

Cottage and artisan food processing units enjoy exemption from NOC for their traditional dishes. These units prepare traditional and locally exploited food products deeply rooted in regional culture. 

Reasons for exemption from NOC-

  1. Culinary Heritage:

    Cottage and artisan food processing units seamlessly preserve regional culinary traditions 
  1. Sustainable Practices:

    It prioritizes sustainable practices like local sourcing and minimal waste.
  1. Local Employment:

    It helps in promoting employment in areas with limited industrial opportunities by providing jobs in that area.

C). Agriculture and Farming:

Farming plays a fundamental role in ensuring food security and also boosts rural livelihoods to a large extent. These are usually free from the obligation to obtain NOC from the Pollution Control Board. These cover a broad spectrum of practices ranging from the rearing of livestock to the cultivation of domain crops, primary sources of livelihood and raw materials. 

Reasons for exemption from NOC-

  1. Food Security:

    Such industries basically secure global food and also ensure sustainable food supply.
  1. Rural Livelihood:

    It is also their job to support rural communities and provide them employment as necessary for their livelihood. 
  1. Support for small Farmers:

    Such industries encourage agricultural diversity to a greater extent, thereby supporting small-scale and subsistence farmers. 
  1. Low Environmental Impact:

    Recognized for their relatively low environmental impact compared to other industrial processes, especially when practiced sustainably.

D). Traditional and Indigenous Industries:

Traditional and indigenous industries have been exempted from NOC requirements imposed by the Pollution Control Board. From handloom making to handicrafts, artisanal food production and everything else, these industries are deeply linked to cultural traditions.

Reasons for exemption from NOC-

  1. Cultural Heritage:

    Such industries fundamentally preserve local traditions and also produce goods deeply associated with cultural heritage.
  1. Economic Development:

    Traditional and indigenous industries promote economic development to a large extent and also increase entrepreneurship.

Conclusion:

Environment Control Board plays an important role in controlling the increasing pollution and water pollution in the environment and by knowing the causes of increasing pollution and stopping them. As we know, increasing pollution in the environment is one of the popular issues nowadays. There are some industries for which it is very necessary to obtain NOC from the Pollution Control Board. Those industries cannot operate their industries without NOC, but there are some institutions which need to obtain NOC from the Pollution Control Board to operate their industries. These exceptions play an important role in supporting local business aspects, protecting Sanskrit heritages and strengthening vital services. It is very important to ensure that all these industries do not cause environmental degradation. Achieving a balance between economic expansion, cultural security and environmental protection is a complex challenge, yet it represents and represents an essential step towards shaping a future that embodies stability and strength.

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