Overview of West Bengal Pollution Control Board (WBPCB)

After the enactment of the first environmental regulation in India, i.e. the Water (P&CP) Act, 1974, the West Bengal Government constituted the WB Prevention and Control of Water Pollution Board1974. After the introduction of the Air (P&CP) Act, 1981, the board was responsible for implementing the Air Act within the state. In 1983, this board was renamed West Bengal Pollution Control Board (WBPCB). The boardis the regulatory authority for implementing the Water Act, 1974, the Air Act, 1981, the Environment (Protection) Act, 1986 and the rules brought under these Acts.

Additionally, West Bengal Pollution Control Board is the nodal authority that oversees and regulates industrial activities in the state. The Central Pollution Control board (CPCB) has issued a list of industries based on the pollution index, classifying the industrial activities into four categories (Red, Orange, Green and White). Compared to CPCB, WBPCB has a similar but extended list with Red, Orange, Green, White and exempted categories. These categories are updated depending on the calculated pollution potential and hazard potential of industrial activities through a scale developed by CPCB called Pollution Index.However, the board performs other functions also, as prescribed by the state government or CPCB.

Functions of the West Bengal Pollution Control Board (WBPCB)

The West Bengal Pollution Control Board's primary objective is to implement the provisions of environmental legislations, orders and office memorandums and notifications published by the Government of India and the Government of West Bengal within the state's territorial jurisdiction. The board strives to provide a clean and green environment in West Bengal with its constant efforts to maintain an equilibrium between remainingpro-environment and sustainable development activities. The roles of the WBPC Bare as follows -

• To issuea Consent to Establish certificate (also known as NOC) under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981, to all new intended projects that fall in the developmental and industrial category in West Bengal.

• To plan a programme to control, prevent, and decreaseair and water pollution.
• To advise the West Bengal State Government on controlling, preventing, or reducing water and air pollution.
• The next role of the West Bengal Pollution Control Board is to collect and disseminate data on air and water pollution and the control, prevention, or abatement of any such activity.
• To inspect trade and sewage effluent treatment plants for their effectiveness and issue specifications for corrective measures.

• To inspect industries, manufacturing processesand any control equipment and to give directions for the prevention, reduceor control of air and water pollution.
• WBPCB is also responsible for inspecting air pollution control areas in the state, assessing air quality and taking steps to prevent, reduction or control air pollution in such areas.

• To lay down or modify or annul effluent standards for the trade effluents, sewage discharge and the emission of air pollutants from industries and automobiles that discharge any air pollutant into the atmosphere.
• To collect samples of sewage/trade effluents and emissions of air pollutants and to analyse the same for specific parameters.

To collaborate with Central Pollution Control Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water and air pollution and to manage mass education programmes.

Licences and authorisation issued by West Bengal Pollution Control Board

The West Bengal PCB provides Consent to Establish and Consent to Operate before the facility's construction and operation, respectively. Documents needed in this regard are as follows -

Documents required for Consent to Establish (CTE)

• Land-related documents like a rent agreement, receipt, land deed, porcha, and lease document
• Gross Capital Investment Certificate as a self-certifiedundertaking
• Site planor layout with a road map orroute map (self-certified)
• Detailed Project Report with details of effluent, emission, solid waste management plan, finished products, manufacturing process, raw materials, list of machinery, etc.

Documents required for Consent to Operate (CTO)

• Land-related documents like a rent agreement, receipt, land deed, lease document, etc.
• Gross Capital Investment Certificate in self-certified undertaking
• Self-certified site plan/layout with road map/route map
• Project report with details of emission, effluent, solid waste management plan, raw materials, finished products, manufacturing process, including a list of machinery
• Consent to Establish copy in case of new Consent to Operate applications
• Test reports for effluent and emissions done within the last year

Waste Management Authorisation

The West Bengal Pollution Control Board provides authorisation for waste management facilities in the following domains -

Solid Waste Management: The board issues authorisation for establishing Solid Waste Management facilities after obtaining approval from a committee comprising representatives of Kolkata Metropolitan Development Agency, Municipal Engineering Directorate, State Water Investigation Directorate, etc.

Plastic Waste Management: WBPCB is responsible for enforcement of the provisions of Plastic Waste Management Rules relating to registration, manufacture of plastic products and multi-layered packaging, processing and disposal of plastic wastes.

EPR Authorisation:  Under the E-Waste Management Rules, producers of electrical and electronic equipment (EEE) who sell their products on a pan-India basis are required to obtain EPR Authorisation from the CPCB. At the same time, producers who sell only within West Bengal can obtain authorisation from the concerned WBPCB. Dismantlers and recyclers of e-waste are mandated to obtain authorisation from the State Pollution Control Board (SPCB). Recyclers and dismantlers are also required to obtain registration for the collection of e-waste. Electrical and electronic equipment refurbishers must obtain one-time authorisation from West Bengal State Pollution Control Board. 

Construction and Demolition Waste Management Authorisation: Under the C&D Waste Management Rules, 2016,every construction and demolition waste processing facility must obtain permission from the state board and submit the annual report in Form–IV of the rules.

Import of Hazardous Chemicals: The importer of hazardous chemicals must submit prior intimation of the import to the West Bengal Pollution Control Board 30 daysin advance or when reasonably possible but not later than the date of import. Documents needed in this regard are as follows:

1. Name and address of the entity receiving the consignment
2. Port of entry in India
3. Mode of transport from the exporting country to India
4. Quantity of chemical(s) being imported
5. Complete product safety data sheet

Import of Hazardous Wastes: Traders desiring to import hazardous wastes listed in Part D of Schedule III of the Hazardous & Other Waste (Management & Transboundary Movement) Rules, 2016 are required to obtain one-time authorisation from the WBPCB as per clause 13(2)(c) of the rules.

Hazardous Waste Management Authorisation: The West Bengal Pollution Control Board has been empowered to issue an authorisation to all entities engaged in the generation, collection, storage, treatment, transportation, use/processing or disposal of hazardous wastes in the state. Documents required for this authorisation are as follows -

• Consent to Establish
• Consent to Operate
• GST certificate
• Rent, lease or any other proof of ownership
• Factory or Trade license
• Memorandum of Association
• Article of Association
• Certificate of incorporation in case of company or LLP
• Layout plan
• Aadhaar card and PAN card copy of the applicant

• Electricity bill

Environmental Clearance issued by the West Bengal Pollution Control Board

SEIAA or State Level Environment Impact Assessment Authority and the SEAC or the State Level Expert Appraisal Committee in West Bengal has been constituted by the Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India. After obtaining environmental clearance from the concerned authority (MoEF&CC/SEIAA as applicable), the project proponent must apply to the state board in the prescribed format. The application must accompany a copy of environmental clearance to obtain Consent to Establish.

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