Overview Regarding the Tamil Nadu Pollution Control Board

With the continuous rise in pollution and depletion of natural resources,the Government of India (GOI) has made it a primary concern to address these issues. The government aims to combat environmental pollutionby enactingspecialised legislation and regulations. The enactment of the Water (Prevention and Control of Pollution) Act 1974 mandated the constitution of the Tamil Nadu Pollution Control Board (TNPCB).

The scope of the board limited to water pollution was extended to monitoring all the aspects of environmental pollution once under legislation addressing various environmental issues. Theexecuted legislationsincluded the Air (P and CP) Act, the Water (Prevention & Control of Pollution) Cess Act, 1977 and the Environmental (Protection) Act (EPA), 1986. Furthermore, the legislation also included rules that are enacted under EPA, like the Noise Pollution (Regulation & Control) Rules, 2000, the Municipal Solid Waste (Management and Handling) Rules, 2000, the Ozone Depleting Substances (Regulation) Rules, 2000, Environmental Impact Assessment Notification, 2006, Batteries (Management and Handling) Amendment Rules, 2010, Bio-Medical Waste Management Rules, 2016, the Plastic Waste Management Rules, 2016, Construction & Demolition Waste Management Rules, 2016, the Solid Waste Management Rules, 2016, the E-waste Rules 2016 and the Hazardous and Other Wastes Rules, 2016.

The Consent certificates granted by TNPCB (the Tamil NaduPollution Control Board)

Consent certificates regulated under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act have to be obtained by manufacturers for the establishment and operation of the industry, whether new or old. The industries established before 27 February 1982 are categorised as existing, whereas the facilities set up after 27 February 1982 are categorised as new. Tamil Nadu Pollution Control Board is the nodal authority granting these certificates.

As stipulated under the Air and Water Act, acquiring Consent to Establish is considered a mandatory practice for industries.The industry manufacturer must only apply for the consent certificate via OCMMS (Online Consent Management and Monitoring System). Through this online portal, the manufacturer can apply for Consent to Establish and Consent to Operate, upload documents, submit clarification onlineand pay consent fees.

Documents required for acquiring Consent Certificates by Tamil Nadu Pollution Control Board

Documents for Consent to Establish

While the application for a consent certificate is filed under Air and Water Rules, some mandatory documents are to be attached, including:-

For Red/Orange/Green Category: -

1. Covering requisition letter comprising the status of industry and activities clearly
2. Site/location plan of the industry
3. Land/site documents which may include rent or lease agreement
4. SSI certificate
5. Attested copy of partnership/Memorandum or Article of Association
6. Certificate of Revenue Authority/Undertaking that industry is established in an industrial area or allotment letter of the designated authority
7. Topo sketch
8. Hazardous waste management details
9. Schematic diagram
10. Manufacturing process
11. Informationon water and wastewater balance
12. Details of material balance
13. Auditor's certificate
14. Consent fee under Water and Air Acts to be paid to TNPCB
15. Groundwater clearance from the competent authority
16. Sewage Treatment Plant Proposal
17. Effluent Treatment Plant Proposal
18. Air pollution control measures proposal
19. Risk assessment report/Onsite emergency preparedness plan
20. Industries included in Environmental Impact Assessment (EIA) shall also submit environmental clearance (if applicable)
21. Coastal Regulation Zones (CRZ) clearance from the competent authority

Document required for Consent to Operate

1. Covering requisition letter comprising the status of industry and activities clearly
2. Details of the manufacturing process in the form of a flow chart
3. Proof of date of commissioning of the industry
4. Compliance report on the No Objection Certificate (NOC)/certificate to establish special conditions under the Act
5. Completion certificate of Effluent Treatment Plant/Air Pollution Control Devices along with dimensional drawing
6. Land use classification authorisation as obtained from CMDA/DTCP/LPA
7. Completion certificate
8. Audited Balance Sheet
9. Changes in the effluents from the industry
10. Changes in the emissions from the industry
11. Details of manufactured product
12. Information on amendments in the name of the management/Board of Directors
13. Analysis report of the wastewater treatment plant
14. Annual report as stipulated under Hazardous Waste Management Rules

Validity Procedure

Under the Water Act, 1974 and the Air Act, the validity period for the Consent to Establish granted by the Tamil Nadu Pollution Control Board is seven years.This is for all EIA projects,whereas the validityfor all non-EIA projects is five years.Moreover, for Consent to Operate, the validity of consent for industries will be as perthe category of industries.For Orange industries, it will be for ten years and for green ones, it will be for fourteen years.

Renewal Procedure

As per the guidelines stipulated by Tamil Nadu Pollution Control Board (TNPCB), the Red category industries must renew their consent annually. On the other hand, Orange category industries must get consent renewed yearly until the time Effluent Treatment plant and Air Pollution Control measures are operated to the full capacity.Subsequently, it will be once in two years.Also, Green category industries have to get the renewal once in two years.

The renewal application is to be made within 60 days before the expiry of the consent certificate to the District Officer, along with consent fees.

Procedure for acquiring Consent Certificate from TNPCB

The procedure for obtaining a consent certificate from Tamil Nadu Pollution Control Board (TNPCB) is regulated under the Water Act and the Air Act, 1981. It involves the following steps - 

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