Implementation Of Public Liability Insurance Act,1991 During Consent Management

Consent / Authorization Management ::

Granting Consent under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981and Authorization under Biomedical Waste (Management & Handling) Rules, 1998, the Hazardous Waste (Management & Handling) Rules, 1989 and the Municipal Solid Waste (Management and Handling) Rules, 2000 are some of the important functions of the Board. A brief note / guidelines for obtaining the NOC / Consent / Authorization for the entrepreneurs are illustrated below:


W
ater Act :

Control of water pollution is achieved through administering conditions imposed in consent issued under provision of the Water (Prevention & Control of Pollution) Act, 1974. These conditions regulate the quality and quantity of effluent, the location of discharge and the frequency of monitoring of effluents. The surface and ground water monitoring conducted by the Board indicates that the water quality has improved over the years and that it is now, in general, reasonably good.

Air Act:
Under the Air (Prevention & Control of Pollution) Act, 1981consent of the Board is mandatory for releasing emissions to the atmosphere. The Board issues consent to air polluting industries with conditions to regulate the quality and quantity of emission and stipulate the frequency for monitoring the emissions.

Consent to Establish / Operate
To establish an industry with potential for water pollution / air pollution; prior consent under the Water Act / Air Act is to be obtained respectively which needs to be obtained in two phases:

· Consent to Establish [NOC]
This consent is to be obtained prior to establishing any industry or process or plant.
· Consent to Operate
[Initial & Renewal]

Once the industry or process plant is established along the required pollution control systems, the entrepreneur is required to obtain consent to operate the unit. The consent is given for a particular period, which is mandatory to be renewed regularly.

Consent to Establish [NOC]
Before establishing/constructing a plant the proposed industry should obtain NOC under the Water Act and/or the Air Act. The application form for NOC (Consent to Establish) under the Water Act / Air Act is to be submitted in duplicate through the Regional offices of the Board.

The application form fees Rs. 100/- and is available at all the offices of the Board or can be downloaded from the Website. The amount is to be submitted as DD in favour of the Member Secretary, Pollution Control Board, Assam payable at Guwahati.

Those who have obtained NOC need not submit application again in the above forms.

NOC is to be obtained prior to carrying out any work at the site proposed for the project. However, NOC is issued even if construction work of the unit has been started provided:

the site is suitable;
the application for NOC is accompanied by prescribed fees.
the required pollution control measures are provided.

The validity of NOC is one year. NOC should be renewed if the unit is not commissioned by then. If renewal is not sought within the validity period fresh application has to be made to the Board.

Documents to be Submitted with NOC form
The documents to be submitted along with the consent application form for processing of the application are :

Ø Land Documents / Lease agreements.
Ø Project report with total investment.
Ø Non-agricultural Land Certificate from SDC/Circle Officer.
Ø A site plan map showing location of the proposed site including surrounding location in details.
Ø Details of layout plan indicating different processes and point sources of effluent discharge /air emission/solid waste/hazardous waste and position of stack / effluent treatment plant, including D.G. set capacity in KVA.
Ø Manufacturing process of each product with flow diagram, chemical reactions and material balance with water budget.
Ø A details list of raw material and inputs with quantity / amount to be utilized daily / monthly.
Ø Details of water pollution control/air pollution control devices and solid waste / hazardous waste management proposed to be provided.
Ø Details of land available for disposal of effluent and its are.
Ø Details of green belt development with area details.
Ø N.O.C. from the Directorate of Industries, Govt. of Assam.
Ø N.O.C. from the Urban / Rural Authority of the concerned site / location.
Ø NOC fees in the form of Demand Draft drawn in favour of Member-Secretary, Pollution Control Board, Assam, Guwahati.

Consent to Establish [NOC] fees :

Slab
Total capital investment (in Rupees) Consent to Establish
(NOC) (in Rupees)
1
Industries having total investment upto Rs. 5.00 lakhs 2,000/-
2
Industries having total investment exceeding Rs. 5.00 lakhs but not exceeding Rs. 10.00 lakhs. 5,000/-
3
Industries having total investment exceeding Rs. 10.00 lakhs but not exceeding Rs. 20.00 lakhs. 8,000/-
4
Industries having total investment exceeding Rs. 20.00 lakhs but not exceeding Rs. 50.00 lakhs. 12,000/-
5
Industries having total investment exceeding Rs. 50.00 lakhs but not exceeding Rs. 1.00 crores. 50,000/-
6
Industries having total investment exceeding Rs. 1.00 crore but not exceeding Rs. 5.00 crores. 75,000/-
7
Industries having total investment exceeding Rs. 5.00 crore but not exceeding Rs. 10.00 crores. 1,00,000/-
8
Industries having total investment exceeding Rs. 10.00 crores but not exceeding Rs. 50.00 crores. 2,00,000/-
9
Industries having total investment exceeding Rs 50.00 crore but not exceeding Rs. 100.00 crores. 3,00,000/-
10
Industries having total investment exceeding Rs. 100.00 crore but not exceeding Rs. 200.00 crores. 5,00,000/-
11
200.00 crores above 7,00,000/-


C
onsent to Operate (Initial) under Water and Air Act :

The validity of Consent to Establish is one year. Consent to Establish should be renewed if the unit is not commissioned by then. If renewal is not sought within the validity period fresh application has to be made to the Board.

The application form for Consent to Operate under the Water Act and Air Act is Schedule-Ishould be submitted in triplicate. The application form fees Rs. 100/- and is available at all the offices of the Board or can be downloadedfrom the Website. The amount is to be submitted as DD in favour of the Member Secretary, Pollution Control Board, Assam payable at Guwahati.

D
ocuments to be submitted

The documents to be submitted along with the Renewal of consent application form for processing of the application are :


Ø Land Documents / Lease agreements.
Ø Project report with total investment.
Ø Non-agricultural Land Certificate from SDC/Circle Officer (strictly for Brick and Stone Crusher).
Ø Details of water pollution control/air pollution control devices and solid waste / hazardous waste management facilities provided.
Ø Copy of latest cess return / payment statement.
Ø Consent fees in the form of Demand Draft drawn in favour of Member - Secretary, Pollution Control Board, Assam, Guwahati
Ø Copy of environmental clearance or any other permission from Government of Assam or Govt. of India in case of first consent to operate, incase of industries / process requiring environmental clearance.
Ø Laboratory analysis report of the trade effluent / Ambient and Stack emissions.
In case of any changes to previous submissions (NOC) the entrepreneur has to be submit the following documents (for the Renewal of consent to operate):
Ø Details of layout plan indicating different processes and point sources of effluent discharge /air emission/solid waste/hazardous waste and position of stack / effluent treatment plant, including D.G. set capacity in KVA.
Ø Manufacturing process of each product with flow diagram, chemical reactions and material balance with water budget.
Ø A details list of raw material and inputs with quantity / amount to be utilized daily / monthly.
Ø Details of water pollution control/air pollution control devices and solid waste / hazardous waste management proposed to be provided.
Ø Details of land available for disposal of effluent and its are.
Ø Details of green belt development with area details.
Ø N.O.C. from the Directorate of Industries, Govt. of Assam.
Ø N.O.C. from the Urban / Rural Authority of the concerned site / location.
The validity of Consent is one year.

 

Consent Fee under Water Act / Air Act
Application shall be accompanied by prescribed fee for each term (not exceeding one years).

Slab
Total capital investment (in Rupees)
Consent under Air Act
(in rupees)
Consent under Water Act
(in rupees)
Initial
Initial
1
Industries having total investment upto Rs. 5.00 lakhs
1,000/-
1,000/-
2
Industries having total investment exceeding Rs. 5.00 lakhs but not exceeding Rs. 10.00 lakhs.
2,500/-
2,500/-
3
Industries having total investment exceeding Rs. 10.00 lakhs but not exceeding Rs. 20.00 lakhs.
5,000/-
5,000/-
4
Industries having total investment exceeding Rs. 20.00 lakhs but not exceeding Rs. 50.00 lakhs.
7,500/-
7,500/-
5
Industries having total investment exceeding Rs. 50.00 lakhs but not exceeding Rs. 1.00 crores.
10,000/-
10,000/-
6
Industries having total investment exceeding Rs. 1.00 crore but not exceeding Rs. 5.00 crores.
25,000/-
25,000/-
7
Industries having total investment exceeding Rs. 5.00 crore but not exceeding Rs. 10.00 crores.
50,000/-
50,000/-
8
Industries having total investment exceeding Rs. 10.00 crores but not exceeding Rs. 50.00 crores.
1,00,000/-
1,00,000/-
9
Industries having total investment exceeding Rs 50.00 crore but not exceeding Rs. 100.00 crores.
2,00,000/-
2,00,000/-
10
Industries having total investment exceeding Rs. 100.00 crore but not exceeding Rs. 200.00 crores.
3,00,000/-
3,00,000/-
11
200.00 crores above
5,00,000/-
5,00,000/-

Renewal of Consent to Operate
Application for Consent to Operate (Renewal) is to be submitted in the 4th month before the expiry of the Consent order. If application is made after expiry of the validity period an action is to be taken as per Section 25/26 of Water Act & Section 21 of Air Act.

The application form for Consent to Operate (Renewal) under the Water Act and Air Act is Schedule-I should be submitted in triplicate. The application form fees Rs. 100/- and is available at all the offices of the Board or can be downloaded from the Website. The amount is to be submitted as DD in favour of the Member Secretary, Pollution Control Board, Assam payable at Guwahati.


D
ocuments to be submitted

The documents to be submitted along with the Renewal of consent application form for processing of the application are :


Ø Balanced Sheet Certified by C/A
Ø Previous consent copy.
Ø Details of water pollution control/air pollution control devices and solid waste / hazardous waste management facilities provided.
Ø Copy of latest cess return / payment statement.
Ø Consent fees in the form of Demand Draft drawn in favour of Member - Secretary, Pollution Control Board, Assam, Guwahati.
Ø Copy of environmental clearance or any other permission from Government of Assam or Govt. of India in case of first consent to operate, incase of industries / process requiring environmental clearance.
Ø Laboratory analysis report of the trade effluent and Ambient & Stack emissions.
In case of any changes to previous submissions (NOC) the entrepreneur has to be submit the following documents (for the Renewal of consent to operate):
Ø Details of layout plan indicating different processes and point sources of effluent discharge /air emission/solid waste/hazardous waste and position of stack / effluent treatment plant, including D.G. set capacity in KVA.
Ø Manufacturing process of each product with flow diagram, chemical reactions and material balance with water budget.
Ø A details list of raw material and inputs with quantity / amount to be utilized daily / monthly.
Ø Details of water pollution control/air pollution control devices and solid waste / hazardous waste management proposed to be provided.
Ø Details of land available for disposal of effluent and its are.
Ø Details of green belt development with area details.
Ø N.O.C. from the Directorate of Industries, Govt. of Assam.
Ø N.O.C. from the Urban / Rural Authority of the concerned site / location.

While scrutinising the application the Board may call for clarification/information and all such applications will be deemed to have been made only from the date on which such clarification/information is received by the Board.


C
onsent Fee [Renewal] under Water Act / Air Act
Application shall be accompanied by prescribed fee for each term (not exceeding one years).

Slab
Total capital investment (in Rupees)
Consent under Air Act
(in rupees)
Consent under Water Act
(in rupees)
Renewal
Renewal
1
Industries having total investment upto Rs. 5.00 lakhs
1,000/-
1,000/-
2
Industries having total investment exceeding Rs. 5.00 lakhs but not exceeding Rs. 10.00 lakhs.
2,500/-
2,500/-
3
Industries having total investment exceeding Rs. 10.00 lakhs but not exceeding Rs. 20.00 lakhs.
5,000/-
5,000/-
4
Industries having total investment exceeding Rs. 20.00 lakhs but not exceeding Rs. 50.00 lakhs.
7,500/-
7,500/-
5
Industries having total investment exceeding Rs. 50.00 lakhs but not exceeding Rs. 1.00 crores.
10,000/-
10,000/-
6
Industries having total investment exceeding Rs. 1.00 crore but not exceeding Rs. 5.00 crores.
25,000/-
25,000/-
7
Industries having total investment exceeding Rs. 5.00 crore but not exceeding Rs. 10.00 crores.
50,000/-
50,000/-
8
Industries having total investment exceeding Rs. 10.00 crores but not exceeding Rs. 50.00 crores.
1,00,000/-
1,00,000/-
9
Industries having total investment exceeding Rs 50.00 crore but not exceeding Rs. 100.00 crores.
2,00,000/-
2,00,000/-
10
Industries having total investment exceeding Rs. 100.00 crore but not exceeding Rs. 200.00 crores.
3,00,000/-
3,00,000/-
11
200.00 crores above
5,00,000/-
5,00,000/-

 

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