Overview of State Pollution Control Board NOC

State Pollution Control Boards (SPCB) and Pollution Control Committees (PCC) in every state and Union Territories have been tasked with the responsibility of issuing No Objection Certificates (NOC) to industries or services in their territory under the Air Act, 1981 and Water Act, 1974. Industries that fall into categories listed by the Central Pollution Control Board i.e. Red, Green, Orange (and a newly introduced white category), have to approach their respective SPCB for these NOCs. Many states maintain a list of exempted categories that do not need any Consent NOC. These NOCs are also known as the Consent to Establish (CTE) issued to establish the unit and the Consent to Operate (CTO) to start the operation. NOCs act as checks and ensures that any industry that goes into operation follows the guidelines and restrictions imposed by the 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 businessman.

Importance of Consent to Establish NOC

CTE is the primary NOC required by an industry, processing unit or plant that needs to be obtained by the SPCB/PCC. As Environment is a matter under the Concurrent List, every state has the power to come up with their Consent, process, and standard operating procedures and declare any area restricted zone where it wouldn’t allow any hazardous industries (in an air pollution controlled area). Industries have varying potential to cause pollution and therefore need different protocols for inspection, testing, and installation of pollution control devices and monitoring mechanisms. The fee for issuing consent also depends on these factors and the industry’s capital investment. These checks are in place to protect against environmental pollution and promote the development of sustainable practices in such industries at the time of their inception. Consent to Establish NOC can have a validity ranging from 1 to 5 years (depending on the category/SPCB). The NOC will have to be renewed/ reapplied if the unit is not commissioned within this period.

Importance of Consent to Operate NOC

After CTE, a subsequent Consent to Operate (CTO) NOC is issued to the entity before it can start functioning. As the name suggests, the unit will require this NOC to start operation. All SPCBs conduct a thorough inspection of the facility. The Inspection Officer will visit and prepare an inspection report while ensuring that machinery and pollution control devices (if required) match the candidate’s declaration. This officer can be an environmental expert or engineer with experience in the field who can point out any potential hazard and make necessary recommendations to the business owner or the representative.

Documents Required for CTE

• Duly filled Application Form of concerned SPCB
• Signed Undertaking in the prescribed format
• Site Plan or layout plan along with a roadmap 
• Detailed Project Report with total investment.
• Layout plan with details of different processes and point sources of effluent discharge /air emission/solid waste/hazardous waste that may be generated.
• Details of finished products, manufacturing process including a list of machinery, the capital cost of the unit (land, building, and plant machinery), water balance, source of water, and its required quantity 
• Land documents such as rent /lease agreement
• Industry Registration Documents.
• Consent fee (as applicable)
• Any other Document specified in the Application Form

Documents required for CTO

• Duly filled Application form of the concerned SPCB
• Balanced Sheet Certified by a CA
• Copy of CTE issued
• Details of water pollution control/air pollution control devices and solid waste / hazardous waste management facilities provided (their location on the premises, capacity and exit points of the discharge)
• Copy of land-related documents
• Consent fee (as applicable)
• Laboratory analysis report of the trade effluent and emissions.
• Site Plan along with the road/ route map
• Copy of any environmental clearance or other permission required from the State Government.
• Any other Document specified in the CTO application form.

Registration Process for State Pollution Control Board NOC

Renewal of CTO Approval

Industries must apply for the Renewal of CTO 30 days before the expiry of the previous NOC. The application form and fee will be submitted similarly as above. The Concerned Officer will inspect the industry to verify whether all the conditions imposed in the consent NOC have been complied with. Renewal of consent will be granted only after satisfactory compliance with the conditions imposed in the previous consent NOC.

Penalty for not Obtaining Consent NOC

If any industry /process or plant is established and operated without obtaining CTE and CTO or both, the owner/s can face a penalty/ fine or imprisonment or both as per provisions of the Environment (Protection) Act, 1986

Reasonable variation in the Consent NOC

As per Section 27 of the Water Act,1974, State Board can review and make a reasonable variation of revoking any condition of the consent granted. SPCB can refuse to give consent to an entity after giving them an opportunity of being heard. Under section 33 of the Water Act, 1974 SPCBs can also issue directions for Closure, prohibition or regulation of operation/ process to whom it has issued the NOC. SPCB can also cease the supply of electricity, water, or any other service for such industries.

Cancellation of Consent NOC

SPCB can also cancel the consent granted under section 21 of the Air Act before the expiry of the period or refuse renewal of consent if the conditions on which the consent was granted are not fulfilled. In such a case, an opportunity will be given to the concerned entity before the cancellation of the NOC.

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