Overview of the Bihar State Pollution Control Board (BSPCB)
The Water Act of 1974 was applied, in the first instance, to all the States and Union Territories of India. Bihar was one of the 12 states where a State Pollution Control Board was established. The enactment of the Water Act in 1974 led to the formation of BSPCB in the same year. It was constituted in pursuance of Clause -I of Article 252 of the Constitution of India. The Board implements policies and regulations to prevent and control pollution and environmental protection. Since its inception, BSPCB has been striving to control pollution in the state. It simplified the Consent Mechanism by establishing two Regional Offices with laboratories to facilitate testing and make the consent process easier for the applicant. The Board has also proposed to establish a few more offices throughout the state of Bihar for better supervision of pollution control. BSPCB has also developed an Online Consent Management and Monitoring System (OCMMS) for Consent to Establish (CTE), Consent to Operate (CTO), their renewal and applications for authorisation. The data relating to air and water are regularly made available on the Board's website and updated regularly to be used by stakeholders, researchers, students and the public in general.
Role of Bihar State Pollution Control Board
Bihar started to see economic development after industrialisation in the state began. The development exerted an additional burden on natural resources. Bihar State Pollution Control Board (BSPCB) has one of the most critical roles among all the agencies in the state of Bihar. Environmental pollution is a serious issue today in the state. Illiteracy and unawareness amongst people about pollution and its consequences on their local ecosystem and their own health have been causing severe damage to air and water resources in the state. Unhealthy practices like the discharge of untreated effluent from domestic and industrial establishments and burning wood for fuel have also added to the problem. Other current critical challenges in the state are conservation of resources, managing the ever-growing wastes, ensuring treatment of domestic sewage and maintaining the health of the water resources in the state.
Necessary Regulations being enforced by BSPCB in the state
- Section 21 of the Air (Prevention & Control of Pollution) Act, 1981, which states that no entity can establish or operate any industry in an air pollution control area without previous Consent from the Board.
- Section 25 of the Water Act, which ensures that no entity will be allowed to establish or operate any industry that can likely discharge sewage or trade effluent without the previous Consent of the State Board.
- Rule-6 of the HWM Rules, 2016 which makes it mandatory for hazardous waste handlers to get authorisation from the Board.
- The Environmental (Protection) Act, 1986
- The Public Liability Insurance Act, 1991
- The Batteries (Management and Handling) Rules, 2001, amended in 2010
- The Bio-Medical Waste Management Rules, 2016.
Grievance Redressal Mechanism at BSPCB
Bihar State Pollution Control Board (BSPCB) receives public complaints related to pollution through e-mail, post, etc. The government of Bihar has also enacted the 'Bihar Lok Shikayat Nivaran Adhikar Act, 2015' to give the public right to redress their grievances within a specified time frame. The grievances can be made to the Departmental Public Grievances Redressal Officer of the Department of Environment, Forest and Climate Change online through the lokshikayat website.
Environment Clearance by BSPCB
Industries that have been notified under the EIA notification and need Environmental clearance must apply to the MoEF&CC or SEIAA, which will scrutinise the application and decide the project category. After obtaining Environmental clearance, the applicant must inform the public that their project is accorded EC by the SEIAA, and the copies of the Clearance letter are available with BSPCB and assessable on the website of the SEIAA or BSPCB. This shall be advertised within seven days from the date of the Clearance letter in at least two local newspapers with a wide readership in the region, one of which shall be in the local language and the other in English.
Documents needed for Consent to Establish
Bihar State Pollution Control Board (BSPCB) requires the following documents to be submitted at the time of application for Consent to Establish.
- Location Map
- Plant layout map
- PAN Card and Aadhar Card or Voter ID card
- Land Documents such as Registered Sale Deed/Lease deed/ Land Possession Certificate (LPC).
- Project Report giving the total Project cost, Project details, manufacturing process and the production flow chart.
- List of Plant and machinery, along with proposed pollution control measures.
- Undertaking regarding the distance of different landmarks from the unit boundary.
- Copy of Environmental Clearance from Competent Authority (if required).
Document required for Consent to operate
Consent to Operate is required for emission and discharge from a specific industrial setup in the state. Facilities must meet the effluent and discharge standards set by Bihar State Pollution Control Board (BSPCB). A site inspection is also mandatory at this stage. The documents mentioned below must be prepared and submitted at least one month before the operation start date.
- PAN Card and Aadhar Card/Voter ID
- Copy of CTE
- Previous CTO (for renewal).
- Copy of Environmental Clearance with compliance report.
- Undertaking regarding the compliance of CTE/ previous CTO conditions. (in the prescribed format).
Procedure for acquiring Consent Certificate from BSPCB
The Board maintains a list of Industry categories that identify the industry as Red, Orange, Green and White as per their Pollution Index and updates them as per the directions of CPCB. All industrial setup has to follow all requisite SOP to set up the unit and adhere to post-compliances issued by the BSPCB and CPCB. Some of these regulations and compliances are time-bound too. Experts at Enterclimate can not only assist you in all formalities needed for your Consent NOC but also help you with post-compliance and legal assistance required for your business. The stages involved in the Consent application are
Filing an Application
Manufacturers are required to apply in the prescribed format through the OCMMS, along with requisite fees and required documents.
Reviewing the application
After application submission on the OCMMS portal, all documents are scrutinised as per the stipulated guidelines by the BSPCB.
After all the issues raised are resolved, a site inspection is carried out by an inspecting officer that visits the facility and checks for environmental safety protocols and standards as declared by the applicant.
Grant of Certificate
If the inspection report is upto the standards the Bihar State Pollution Control Board (BSPCB) had set, the applicant is granted the consent Certificate. This process can take upto 120 days.
How can Enterclimate assist you?
End-to-End assistance in all BSPCB applications
Our experienced team of professionals provide complete assistance throughout your consent application journey at reasonable costs.
Monitoring changes by the Pollution Control Board
The experts at Enterclimate ensure that our clients are made aware of any updates and regulatory changes made government and State Pollution Control Board, which are related to the client’s business.
Excellent client Support
Enterclimate has an excellent client support network. We ensure all doubts and queries of our clients are addressed precisely and without delay.