Pollution License in Bihar also known as the consent to establish and operate, is a legal document that is issued by the State Pollution Control Board (SPCB) to regulate and control industrial pollution. It is mandatory for all industries and businesses that discharge pollutants into the environment to obtain a pollution license.
Meaning and Definition: A pollution license is a legal document that is issued by the SPCB to authorize the establishment and operation of industries and businesses that discharge pollutants into the environment. It is issued under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
Legal Provisions: The Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, are the legal provisions that regulate pollution control in India. These acts mandate that all industries and businesses that discharge pollutants into the environment must obtain a pollution license from the SPCB.
Rules and Process: The process of obtaining a pollution license involves the following steps:
Application: The industry or business must submit an application for a pollution license to the SPCB. The application must include details such as the type of industry, the nature of pollutants, and the proposed measures for pollution control.
Inspection: The SPCB conducts an inspection of the premises to verify the details provided in the application.
Consent to Establish: If the inspection is satisfactory, the SPCB issues a Consent to Establish, which allows the industry or business to set up the facility.
Commissioning: Once the industry or business sets up the facility, the SPCB conducts another inspection to verify that the pollution control measures have been implemented as per the Consent to Establish.
Consent to Operate: If the inspection is satisfactory, the SPCB issues a Consent to Operate, which allows the industry or business to operate the facility.
Types: There are two types of pollution licenses:
Consent to Establish: This license is issued for the establishment of a new facility.
Consent to Operate: This license is issued for the operation of an existing facility.
Eligibility: All industries and businesses that discharge pollutants into the environment are eligible to apply for a pollution license.
Advantages: Obtaining a pollution license provides several advantages, including:
- Compliance with regulatory requirements
- Legal protection against non-compliance
- Improved environmental performance
- Enhanced reputation and credibility
- Better risk management
Disadvantages: The process of obtaining a pollution license can be time-consuming and expensive. Industries and businesses may need to invest in pollution control equipment and technology to meet regulatory requirements, which can increase operational costs.
Documents Required: The documents required for obtaining a pollution license vary depending on the type of industry or business. However, the following documents are generally required:
- Application form
- Site plan
- Process flow diagram
- Environmental impact assessment report
- Pollution control plan
- Undertaking for compliance with regulatory requirements.
Assuming that you are anticipating beginning any business which might actually produce poisons like compound waste, cleanser washing, fly cinders, smoke emanations (counting cooking smoke), clinical waste to give some examples – additionally alluded to as exchange effluents, then you should make an application to the particular State Pollution Control Board and acquire a contamination permit/Certificate or an agree to lay out your business.
This agree to lay out (we should call it CTE) should be gotten before beginning of development or any comparative exercises to begin the business.
When the development/set up stage is finished, then, at that point, you should apply and acquire an agree to work (contracted as CTO). This CTO will as a rule be legitimate for a time of 5 years, which might differ State to State.
Under the water and air Acts, it is compulsory for businesses to acquire a Pollution CTE declaration from the state contamination control board (SPCB) worried by presenting a structure, alongside the essential reports and charges. This is likewise appropriate if there should arise an occurrence of extension of result or any mechanical change and is substantial for a specific time frame limit. Without this authentication, businesses can’t get a power association.
Each Industrial, Commercial unit which creates wastewater, emanates air outflows, produces dangerous waste needs to acquire earlier authorization from concerned Pollution Control Board in type of License/NOC/Consent To Establish (CTE), Consent To Operate (CTO) under Air and Water Act and Authorization under Hazardous Waste Rules.
The workplace update regarding this situation “says the service has been “checking on the issues connecting with giving of different clearances to ventures and formative activities with the reason for improving ‘simplicity of carrying on with work’.”
What Kind of Industries commonly requires Pollution Consent:-
The Ministry of Environment, Forest and Climate Change (MoEFCC) has fostered the rules of arrangement of modern areas in light of the Pollution Index which is a component of the emanations (air toxins), effluents (water poisons), dangerous squanders produced and utilization of assets.
See the rundown of businesses that the Central Pollution Control Board has determined, as requiring a contamination permit losing money, orange, green and white class.
As the name recommends, the Red class industry has the most elevated contamination record, like enormous assembling ventures, huge inns, clinics, and so forth. The orange classification is a moderately medium-sized endeavor, which actually produces nearly elevated degrees of toxins. Though the Green classification is the arrangement of the business with low contamination Index. Lastly the white classification, which is basically non-dirtying.
Excluded Industries from Obtaining the Pollution Consent
Ventures falling under the white classification which is basically non-dirtying needn’t bother with a contamination permit/or CTO. A basic implication to concerned contamination control barricade about goal to set such an industry/business will do the trick.
These White Category of enterprises needs to anyway fulfill these condition to be qualified for this contamination permit exception:-
The business is laid out/being laid out in the differentiated Industrial Estates/Zones arranged by the State Authorities viz PSIEC, Department of Industries, PUDA, CTP under draft Master Plan or in blended classification region or dominatingly Industrial regions inside Municipal restriction of a Town/City after grouping of the area by CTP/STP/DTP.
The interest in the business isn’t more than Rs. 1 Crore on plant and apparatus.
There won’t be any release of exchange emanating from the business into stream or well or sewer or onto land or potentially that industry won’t release any air contamination including clamor into the environment.
The business won’t release any harmful/unsafe squanders and won’t deal with any poisonous/perilous synthetic compounds.
Imagine a scenario in which you don’t get this Consent to Establish
Whoever contradicts the arrangements of area 25 or segment 26 will be culpable with detainment for a term which will not be short of what one year and a half year however which might reach out to six years and with fine.
We trust this blog would have given a superior comprehension and direction on getting a Pollution License/Certificate for business in India. Yet, prior to continuing with the above methods, we prescribe you to take legitimate meeting from corporate lawful specialists for a superior comprehension. What’s more, it’s our obligation to comply with the contamination rules which shields our business as well as our current circumstance.
FREQUENTLY ASKED QUESTIONS about
Pollution License in Bihar
Q-1. What are the obligations of dirtying industry to forestall and control contamination ?
Clearances like Consent to lay out and Environmental Clearance or CRZ leeway should be gotten prior to setting up of a modern unit and Consent/Authorization are compulsory prior to beginning of the creation. Running a contaminating industry without the required clearances is an offense and such unit will be responsible to confront tough activities like conclusion and arraignment. Clearances are given for specified period and they should be recharged before the term lapses. Exercises like tainting the land by unlawful unloading of perilous squanders will welcome corrective arrangements like fine and rebuilding of the defiled land at the expense of the polluter, notwithstanding different advances.
Q-2 . What is the idea of supportable turn of events ?
In basic terms, it implies that the improvement cycle ought to be completed so that harm to climate is insignificant. It additionally implies that the current age, ought to use the assets in such a way that the capacity of any kind of future family to have personal satisfaction isn’t subverted. It additionally implies that irreversible harm to climate shouldn’t happen in that frame of mind of improvement.
Q-3 . What is the domain of SPCB in the questions of contamination?
The SPCB controls modern contamination according to arrangements of Water Air Act. The SPCB additionally carries out Rules relating to dangerous waste, metropolitan strong waste, bio-clinical waste, plastic waste, batteries and e-squander and plays out the job as determined in the connected Rules gave under Environment (Protection) Act, 1986.
Q-4. How might one utilize normal waste treatment office in the State?
For utilizing normal offices consent of the State Pollution Control Board as well as understanding of administrator of the normal offices would be fundamental.
Q-5 . What precisely is implied by observing of the modern unit?
Observing of the modern unit implies conveying the checking groups included talented specialized and logical officials to confirm the consistence of conditions forced in previously NOC and presently alluded as Consent to Establish, Consent, Authorization and so on. Observing incorporates execution assessment of Environment Management System (EMS) in regard of Board’s notification/orders and checking the consistence of Environmental Clearance conditions and that no infringement of regulation happens.
In Bihar, as in many other states in India, industrial pollution is a major concern that has significant environmental and health implications. To regulate and control industrial pollution, the Bihar Pollution Control Board (BPCB) has been established under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
Any industrial unit that intends to operate in Bihar must obtain a Pollution Control License from the BPCB. The license is mandatory and must be obtained before starting any industrial activity. The license is granted after evaluating the potential impact of the proposed industrial activity on the environment and ensuring that the unit complies with the prescribed pollution standards and regulations.
The process of obtaining an industrial pollution license in Bihar involves the following steps:
Submission of Application: The industrial unit must submit an application for the pollution control license to the BPCB. The application must contain details of the proposed industrial activity, the nature and quantity of pollutants generated, and the pollution control measures proposed by the unit.
Scrutiny of Application: The BPCB scrutinizes the application and conducts a site inspection to assess the potential impact of the proposed industrial activity on the environment.
Grant of License: If the industrial unit complies with the prescribed pollution standards and regulations, the BPCB grants the pollution control license. The license is valid for a specified period, after which it must be renewed.
Monitoring and Compliance: The industrial unit must comply with the pollution control measures prescribed in the license. The BPCB also conducts periodic inspections to monitor compliance and take necessary action in case of violations.
In conclusion, obtaining an industrial pollution license in Bihar is a mandatory requirement for any industrial unit intending to operate in the state. The license is granted after evaluating the potential impact of the proposed industrial activity on the environment and ensuring that the unit complies with the prescribed pollution standards and regulations. The BPCB also monitors compliance and takes necessary action in case of violations to ensure that industrial activities do not have adverse environmental and health implications.