Overview of the Kerala State Pollution Control Board
Kerala State Pollution Control Boardis the authority tasked with enforcing the laws related to protecting the environment in the state of Kerala. Since its inception, Kerala Pollution Control Board has been working to control, prevent and abet air and water pollution in the state. The Board’s primary function includes granting consent under the Air Act and the Water Act, as well as over seeing environmental law compliance of industries in the state.One of the primary functions of the Kerala SPCB is granting Consent NOCs and authorisation to industries and businesses.The Board also aids the Kerala State administration and guides the general public in case of environment-related issues. In the Environmental Impact Assessment cases, the Board receives requests for public hearings and assists the Assistant District Collector in the EIA process. It also notifies the public hearing details to the masses and furnishes the details to MoEF&CC.The Kerala State Pollution Control Boardalso receive and file complaints in the court, make applications to the court,and recover the cost from defaulters. The Board enforces the following Acts and Rules in the State of Kerala.
- Water (Prevention & Control of Pollution) Act
- Water (Prevention & Control of Pollution) Cess Act
- Air (Prevention & Control of Pollution) Act
- Environment (Protection) Act, 1986
- Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2016
- Manufacture, Storage & Import of Hazardous Chemical Rules
- Chemical Accidents (Emergency Planning, Preparedness and Response) Rules.
- Biomedical Waste (Management and Handling) Rules, 2016
- Plastics Manufacture, Sale and Usage Rules
- Municipal Solid Wastes (Management and Handling) Rules
- Noise Pollution (Regulation and Control) Rules
- Batteries (Management and Handling) Rules
- EIA notification, 2006
- Public Liability Insurance Act, 1991
Essential Functions of Kerala State Pollution Control Board
Generally, new and existing businesses interact with State Pollution Control Boards in the above mentioned cases. However, various allied functions are also performed by the Board. The list mentioned below will help businesses understand the scope of functioning of Kerala SPCB.The Board perform the following functions, namely.
- To issue Consent to Establish (CTE) and Consent to Operate (CTO) for industries, establishments, hotels, health care institutions etc.
- To inspect the proposed locations for setting up industries and verify the suitability of the same from an environmental point of view.
- To offer guidance to industries and local bodies on statutory provisions.
- To plan comprehensive programs for prevention, control or abatement of pollution of streams and wells in the state and to secure the execution
- of the same.
- To conduct, participate and encourage investigations and research on water and air pollution problems.
- To receive and verify half yearly returns on the sale of new batteries and collection of old batteries and to receive and verify annual returns from recyclers, bulk consumers, and auctioneers and file an annual compliance status report to the CPCB.
- To monitor compliance with standards on groundwater, ambient air, leachate quality, compost quality and incineration.
- To receive water consumption returns from persons liable to pay cess and collect the cess payable by person.
- To conduct inspections and implement measures to prevent or mitigate environmental pollution in case of accidents and collect evidence.
- To collect and analyse air, water, soil or other substances samples and provide laboratory testing services.
- To receive and process the application for authorisation for setting up waste processing and disposal facility and issue/refuse/renew/cancel the authorisation.
- To grant authorisation to Health care facilities (HCFs) and Biomedical Waste treatment facilities for the generation, storage, collection and disposal of biomedical waste.
- To compile and furnish to the Central Pollution Control Board annual reports from occupiers and operators.
- To inspect sewage or trade effluents, review plans, specifications or other data relating to plants set up for water treatment, works for purification etc.
- To inspect and verify facilities and records and receive and act upon reports of accidents concerning hazardous waste and bio-medical waste.
- To furnish annual reports to the CPCB.
The procedure of Consent Management at Kerala SPCB
The Kerala Pollution Control Board providesPollution No Objection Certificates (NOC) for Red, orange and Green categories of Industries in the form of Consent to Establish(CTE) and Consent to Operate (CTO).CTE is obtained before the unit's establishment, while CTO is granted once the industrial unit has been established and ready to operate. Kerala State Pollution Control 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 State Board 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.
Documents needed for Consent to Establish
Kerala SPCB requires the following documents to be submitted at the time of application for Consent to Establish.
- Online application form filled in the prescribed format
- Location and Plant layout map of the proposed unit
- Land Documents such as Registered Sale Deed or Land Possession Certificate.
- Project Report Details mentioning the project cost, manufacturing process and production flow chart.
- List ofmachinery 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 (CTO)
Application for Consent to Operate (CTO) is required before the industry starts its operation. Facilities must meet the effluent and air emissionstandards Kerala State Pollution Control Board sets. A site inspection is also mandatory at this stage. The application for CTO, along with the documents mentioned below, must be 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 Kerala State Pollution Control Board
The Kerala Pollution Control Board manages the consent application through Online Consent Management and Monitoring System (OCMMS). The process includes logging on to the Board's website to register. After registration, the application for consent has to be made.The procedure for acquiring a Consent Certificate from Kerala State Pollution Control Board is explained below.
Filing an Application and submitting Fee
The applicant must completethe online application by creating the Industry Registration Profile. The requisite fee is deposited in subsequent stages and the documents asked are also uploaded.
Reviewing the application
The next stage will be scrutiny of the documents by the Kerala State Pollution Control Board. The applicant must ensure to fill in the correct details as the application cannot be edited once submitted.
The Board will flag any issues in the application, and a site inspection will be scheduled only after the resolution. Theofficer visits the facility and checks for environmental safety protocols and standards as declared by the applicant.
Grant of Certificate
After the inspecting officer submits a satisfactory site inspection report, the competent authority will issue the Consent NOC on its website. The Board will also send intimation to the application regarding the certificate.
How can Enterclimate assist you?
Assistance at every stage of your Business initiation
Our experienced team of professionals provide comprehensive guidance in all legal obligations for your business under one roof, that too in affordable business packages.
Monitoring changes in the Environmental Regulations
Enterclimate Experts keep trackof industry updates and regulatory changes the Kerala State government makes. We ensure that our clients are notified ofchanges in regulations that are related to the client’s business.
Excellent client Support
Customer relation executives at Enterclimate ensure swift redressal of doubts and queries ofclients. We have an exemplary clientsupport network and manage all related business licences and permits required in the state of Kerala.