Getting an NOC certificate is a mandatory step before starting any industry. The Environment is one of the most discussed topics in the 21st century. The Industry must make sure that they are not disturbing the environmental balance.
To oversee and maintain standards for air pollution and water pollution, the Pollution control board was established. It acts as an authority for balancing pollution-related issues. It also issues various directives and policies from time to time regarding pollution and its management.
The Board while issuing NOC provides recommendations on any matter concerning prevention and control of water and air pollution and improvement of the quality of air. To modernize its industrial plant, increase in the air and water pollution load, under the provisions of the Water Pollution Act, 1974 and Air Pollution Act, 1981, it is essential to obtain the NOC from the Pollution Control Board. The entrepreneur is mandatorily required to apply for renewal of 'consent to operate' after the expiry of the same.
What are the Advantages of NOC from the Pollution Control Board?
The advantages of obtaining the NOC from the Pollution Control Board are given below, which are as follows:-
- Getting NOC from the PCB helps in ensuring Sustainable development.
- Getting NOC from the PCB helps in controlling the prevention of natural resources.
- Getting NOC from the PCB protects the environment by implementing effective waste management programs.
- Getting NOC from the PCB also creates awareness among the consumers.
- NOC is important to get the other licenses and NOCs.
- Getting NOC from the Pollution Control Board also binds the industry to follow the pollution-related compliances.
- NOC from the Pollution control board provides consent to operate and consent to establish.
What Documents are required for Obtaining NOC from Pollution Control Board?
For obtaining NOC from the Pollution Control Board requisite documents are required that are mentioned below-
- Id and Address Proof of the authorized person.
- Pan card, in case the unit is Partnership/Company.
- Authorization letter. (Not required in case of Sole Proprietorship).
- Factory License
- Trade License
- Proof of registration of the Unit
- CA Letter for total project cost
- Site Plan Layout.
- FSSAI Certificate for food businesses
- Electricity bill and Utility Bill.
- Compliance report of NOC.
- Completion Certificate of Effluent Treatment Plant or Add-on Pollution Control.
- Satellite imagery of the project/industry site.
- In case of extension or renewal, Environmental Statement is required.
- For Effluent/Sewage Treatment Plant you will have to submit:-
- Technical report on Effluent Treatment Plant (ETP) and Sewage Treatment Plant (STP).
- Drawing of ETP/STP
- Treated waste water analysis reports (in case of renewal/expansion)
- Compliance of water consent conditions.
- Water Cess returns (if applicable).
- Technical specifications of Air Pollution Control Arrangements
- Schematic Diagram of Monitoring Facility (Pot Hole & Plate form with Spiral ladder)
- Emission analysis reports (in case of renewal/expansion)
- Compliance of air consent conditions (in case of Renewal/Expansion)
- Details of SLF/incinerator (if applicable)
- List of hazardous waste generated
- Compliance of authorizations conditions (in case of renewal / expansion)
What is the Procedure to Obtain NOC from Pollution Control Board?
Step-by-step processes to get NOC from the Pollution Control Board are as follows:-
To obtain a NOC; an applicant needs to fill an application form along with complete documents. Every state board has its application form. An applicant needs to fill specific state pollution control board application forms on their respective website. For Example-Delhi pollution control committee https://www.dpcc.delhigovt.nic.in
The Application must contain requisite information such as-
- Proposed pollution control plans,
- Site details, and
- Other registration certificates from the Industry Department, etc.
Once the application is attached with the requisite documents, an applicant shall submit the Application to the concerned authority such as
- General Manager,
- District Industrial Centre or Member Secretary,
- Pollution Control Board, or Regional Officers of every State Pollution Control Board.
The pollution control board needs to reply within 4 months.
Due diligence is carried out by the authority of the business premises. Based on the inspection, the NOC application is either accepted or rejected.
If application is accepted, a NOC certificate is issued to the applicant. However, if the application is rejected by the Pollution control board, then the applicant needs to be intimate with the reason for the same.
What Penalties are Imposed in Case of Non-Compliance in obtaining NOC from Pollution Control Board?
As Per Rule 25(2) Of The Hazardous Waste (Management, Handling, And Transboundary Movement) Rules, 2008,
If there is any violation of provisions under the rules laid by the State Pollution Control Board, an occupier and the operator must be liable to pay financial penalties as levied.
As Per Section 15 Of The Environment (Protection) Act, 1986
Section 15 of the Environment (Protection) Act, 1986, lays down a provision for penalty for contravention of any provisions of the Act and the Rules, orders, and directions issued thereunder. The same is reproduced below:
If the occupier fails to comply with the directions or contravenes with any provisions of this Act, or the rules or directions issued thereunder, will be liable-
- For imprisonment for the term of 6 months which further mayextend to 5 years or,
- With fine which may extend to one lakh rupees, or with both.
- In case the contravention continues, then an additional fine will be levied which may be extended to Rs, 5,000 for every day during such failure or contravention continues after failure or contravention of first conviction.
Note-If the contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, in that case the offender shall be punishable with imprisonment for a term which may extend to 7 years.
Filing a Proprietorship Firm Tax Return
The income tax return of a proprietorship firm in ITR 3 or ITR V Sugam can be filed online using the proprietor's digital signature or manually.
Who is required to Seek NOC from the Pollution Control Board?
The below-mentioned entities are required to take NOC from the Pollution Control Board before establishing the industries-