PUNJAB POLLUTION CONTROL BOARD VATAVARAN … Criteria/completepolicy2013.pdf · Punjab Pollution Control Board had framed policies / guidelines for consent management from time to

PUNJAB POLLUTION CONTROL BOARD

VATAVARAN BHAWAN,PATIALA

Tel. Fax : 0175- 2215837 PBX : 2200282, 2200557 Web: http:// www.ppcb.gov.in

No. EE(Mega)/2013/__________ Dated__________

To

1. The Chief Environmental Engineer, Punjab Pollution Control Board,

Patiala.

2. The Senior Environmental Engineer, Punjab Pollution Control Board, Zonal Office, Patiala-1/2, Ludhiana-1/2, Jalandhar, Amritsar & Bathinda.

3. The Senior Environmental Engineer (HQ-1/2)/EPS, Punjab Pollution Control Board, Head Office, Patiala.

4. The Addl. Secretary (EPA), Punjab Pollution Control Board, Mohali.

5. The Senior Scientific Officer, Punjab Pollution Control Board, Head Office, Patiala.

6. The Environmental Engineer, Punjab Pollution Control Board, Regional Office, Patiala/ Amritsar/Jalandhar/ Ludhiana-I/II/III/IV, Bathinda /Faridkot/ Hoshiarpur/ Fatehgarh Sahib/ Sangrur and Mohali.

7. All Scientific Officers, Punjab Pollution Control Board, Head/Zonal Offices.

8. All Environmental Engineers, Punjab Pollution Control Board, Head Office, Patiala/EPA, Mohali.

9. All Asstt. Environmental Engineers, Punjab Pollution Control Board, Head Office, Zonal Offices & Regional Offices/EPA

http://www.ppcb.gov.in/

Subject: Regarding policy of Punjab Pollution Control Board regarding

Consent Management/Authorization.

It is intimated that after the enactment of the Water (Prevention and Control

of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, the

Punjab Pollution Control Board had framed policies / guidelines for consent management

from time to time as per the prevailing situations. Lastly, the Punjab Pollution Control Board

vide office order no. 4 dated 17/2/2010 had framed a comprehensive policy for consent

management, so as to streamline the procedure for deciding the applications for statutory

clearances viz-a-viz hassle free clearance to the entrepreneurs to encourage industrial

growth in the State. In order to have a sustainable industrial growth in the State of Punjab,

it was felt to review the policy/ guidelines of the Punjab Pollution Control Board.

Furthermore, the State of Punjab is in the process of implementing the administrative

reforms, so as to achieve sustainable development of the State. In order to revise the policy

for consent management/authorization, consent management models of various State

Pollution Control Boards such as Tamilnadu, Gujarat and Haryana were studied in detail.

Accordingly, the revised policy regarding Consent Management /

Authorization for deciding applications for various statutory clearances under the Pollution

Control Laws, Environment (Protection) Act, 1986 and Rules framed thereunder, has been

prepared and the key changes encapsulated in the policy have been got approved from the

State Govt. A copy of the revised policy of the Punjab Pollution Control Board is enclosed

herewith for implementation of the same in letter & spirit.

DA: As above.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above is forwarded to the Principal Secretary to Govt. of Punjab, Department of Industries & Commerce, Punjab, 18 Himalaya Marg, Udyog Bhawan, Sector-17, Chandigarh for kind information please.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above is forwarded to the Secretary to Govt. of Punjab, Deptt. of Science, Technology & Environment, Chandigarh for kind information please.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above is forwarded to the Chairman, Punjab State Power Corporation Ltd., The Mall, Patiala for kind information please.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above is forwarded to the Director of Factories, Punjab, SCO 87-88, Sector 17-D, Chandigarh for kind information please.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above is forwarded to the Chief Town Planner, Pb., Department of Town & Country Planning, 6th Floor, PUDA Bhawan, Phase-8, Mohali

for information please.

Member Secretary

Endst. No. _________ Dated___________

A copy of the above alongwith revised policy of the Board, is forwarded to the following for information and necessary action:

1. The Environmental Engineer (Computers), Punjab Pollution Control Board, Head Office, Patiala with the request to upload this policy on the official website of the Punjab Pollution Control Board, immediately.

2. The Deputy Controller (F&A), Punjab Pollution Control Board, Head Office, Patiala.

3. The Administrative Officer, Punjab Pollution Control Board, Head Office, Patiala.

4. All the Law Officers, Punjab Pollution Control Board, Head Office/Zonal Office & Appellate Authority, Chandigarh.

Member Secretary

Policy of Punjab Pollution Control Board regarding Consent Management/Authorization

After the enactment of the Water (Prevention and Control of Pollution) Act, 1974

and the Air (Prevention and Control of Pollution) Act, 1981, the Punjab Pollution

Control Board had framed policies / guidelines for consent management from time

to time as per the prevailing situations. Lastly, the Punjab Pollution Control Board

vide office order no. 4 dated 17/2/2010 has framed a comprehensive policy for

consent management so as to streamline the procedure for grant of various

statutory clearances viz-a-viz hassle free clearance to the entrepreneurs to

encourage industrial growth in the State. In order to have a sustainable industrial

growth in the State of Punjab, it was felt to review the policy/ guidelines of the

State. Furthermore, the State of Punjab is in the process of implementing the

administrative reforms so as to achieve sustainable development of the State.

Consent management Models of various State Pollution Control Boards such as

Tamilnadu, Gujarat and Haryana studied in detail. The revised policy / consent

management for grant of various statutory clearances under the Pollution Control

Laws, Environment (Protection) Act, 1986 and Rules framed thereunder, is

encapsulated below:

A. Categorization of industries

PPCB has categorized all existing as well as new industries into three

categories namely Red, Orange and Green keeping in view their

pollution potential. List of these categories is attached as Annexure-

1, 2 & 3.

However, if any additional category of industry is left out of the above

scheme, then a Committee comprising of Senior Environmental Engineer

(HQ-2), Senior Scientific Officer and Environmental Engineer (HO) will

decide the said category of industry as per its pollution potential.

B. Consent to establish

No industrial plant, activity, operation, process, any construction project

including New Township, Industrial Township, Settlement Colonies,

Commercial Complexes, Hotel Complexes, Hospitals and Office Complexes,

Industrial Estates/Industrial Area can be established or expansion of any

existing industry/project can be carried out in the State of Punjab except

New Policy of the Board - Final.doc

Page 2 of 25

the industries exempted from consent management of the Board, without

obtaining 'consent to establish' under the Water (Prevention & Control of

Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.

All the prospective entrepreneurs, who intend to establish such projects as

above are required to obtain consent to establish of the Board u/s 25 of

the Water act, 1974 and u/s 21 of the Air Act, 1981. The PPCB has

evolved a common application form for large, medium and small scale

industries for consent management and authorization, though the

consent/ authorization would be granted separately, which is available

on the website of the Punjab Pollution Control Board i.e. www.ppcb.gov.in

The application to be filed by the entrepreneur for ‘consent to establish’

shall be accompanied with requisite documents, which are given as per

Annexure-4 alongwith fee prescribed by the Board, which is given as per

Annexure-5.

The Punjab Pollution Control Board (PPCB) is accepting application for

consent management/ authorization of all large, medium and small

scale of industries for obtaining consent to establish (NOC)/ operate

in the State thorough ‘Online Consent Management and Monitoring

System.’ However, small scale industries will have the option to

submit the hard copy as well.

Since the PPCB endeavours to become fully paperless, it does not

encourage the industries to submit offline consent application.

However, for the purpose of record, the Board accepts one hard copy

of the application alongwith required documents duly signed by the

authorized signatory.

PPCB has adopted payment gateway system for all charges payable to

it with effect from 1.4.2013.

The Punjab Pollution Control Board will decide the applications for consent

to establish (NOC) of all industries to be set up in designated/

approved areas such as Industrial Area/ Industrial Estate/ Industrial

Focal Point/ approved Industrial Park/ Industrial Zone of the Master


Page 3 of 25

Plan. However, the site clearance u/s 41 (A) of the Factories Act,

1948 will not be necessary for grant of consent to establish/ operate/

authorization by the Board.

A copy of the NOC granted to the entrepreneur by the Board will be

endorsed to the Deptt. of Factories, Punjab. Also, a condition will be

imposed in the said ‘consent to establish’ to the effect that the

entrepreneur / industry shall obtain necessary statutory permissions /

clearances from all other concerned departments. Accordingly, the letter

no. CSA/04/P-48/7084-98 dated 22.06.2006 (Annexure-6) of the Board

stands omitted. However, Press Note 17 (1984 series) relating to site

clearance from environmental angle for the industries will remain

operative.

For industries to be set up in areas other than the area such as

designated / approved areas such as Industrial Area / Industrial

Estate/ Industrial Focal Point / approved Industrial Park / Industrial

Zone of the Master Plan, site clearance u/s 41 of the Factories Act,

1948 will be necessary before grant of consent to establish/


In cases, where an industrial plot is allotted by any of the agencies of

the Government/ statutory bodies or by a project developer whose

project of industrial park has been approved by the State

Government, certificate of allotment/ sale of plot by such an agency

will be considered for grant of consent to establish (NOC)/


The PPCB will continue to grant consent to establish to any category

of industries, which are permissible in the mixed land use areas/zones

as per by-laws of the notified Master Plan / draft master plan. The

Officers of the Board shall check the permissibili ty of establishment of

such industry in the mixed land use from the bye-laws of the Master

Plan.


Page 4 of 25

In cases, where the site of the project is located in the area other

than areas such as designated/ approved areas such as Industrial

Area/ Industrial Estate/ Industrial Focal Point/ approved Industrial

Park / Industrial Zone of the Master Plan, certificate of its

location/situation from the nearest village lal lakir/ phirni/ MC limits

from the Revenue Authorities such as Deputy Commissioner/

Additional Deputy Commissioner or the Sub-Divisional Magistrate

would be required for grant of consent to establish (NOC)/


PPCB will grant NOC to new industries of all categories, which are

proposed to be located in the designated Industrial zones/areas of the

notified/draft Master Plan on the basis of undertaking submitted by

the entrepreneur to the effect that the proposed site of the

project/industry is located in the designated Industrial zone/area of

the notified Master Plan or draft Master Plan in which the

establishment of such industry/project is permissible. The undertaking

to be submitted by the entrepreneur should clearly indicate the

revenue entries i.e Hadbast Number, khewat / khatauni number and

Khasra numbers. A copy of the said NOC alongwith undertaking and

location plan of the industry clearly indicating the category of industry

(red/orange/green) would be sent by the concerned Senior

Environmental Engineer/ Environmental Engineer to the concerned

District Town Planner of the Department of Town & Country Planning,

Punjab / Local Body / Development Authority (also an intimation in

this regard will be sent through e-mail) with the request to intimate

the applicant (project proponent) under intimation to the Punjab

Pollution Control Board within 15 days, if the said authority has any

objection to the location of the project at proposed site. In the said

endorsement, it would be mentioned that in case no reply is received

from the aforesaid Authority within 15 days, then, it would be

presumed that the proposed site is suitable for the project from the

point of view of above referred Competent Authority. However, in


Page 5 of 25

case of any objection to the location of the project by the above

referred Competent Authority or if any of the undertakings or

documents are found wrong, the NOC granted to the project would be

deemed to have been cancelled and the Board would not be

responsible for the cost incurred by the project proponent on the

basis of the said NOC. In addition, a condition would be imposed to

the effect that in case any change/ amendment in the draft Master

Plan are required, then the continuance of the project would be

subject to such changes / amendments in the draft Master Plan by the

Competent Authority.

As per Office Memorandum dated 21.11.2006 of the Ministry of

Environment and Forests, there is no link of consent to establish

(NOC) of the new industries/ projects/ activities to be granted by the

Board under the Water Act,1974 and Air Act, 1981 with the

environmental clearance under EIA Notification No. 1533 (E) dated

14.9.2006.

The feasibility report to be submitted along-with the application for NOC

shall be prepared by a consultant having acquired at least Bachelor’s

Degree/AMIE in Environmental Engineering/ Chemical Engineering/Civil

Engineering from a recognized Institution/University or from the institution

having degree courses in Environment / Chemical/Civil Engineering field.

Besides the above, Charted Engineers to be approved by the Board will

also be competent to prepare a feasibility report. Such consultant/Charted

Engineer/Institution will append an undertaking to such an effect with the

feasibility report relating to the above mentioned qualification.

C. Revalidation of Consent to establish (N.O.C)

Every entrepreneur is expected to complete the construction of industrial

unit/ project and the installation of the pollution control equipments within

the validity period of the N.O.C. But in case the industry/ project promoter

fails to implement the project within the validity period of the N.O.C, then,


Page 6 of 25

the industry/project promoter will be required to get the NOC revalidated.

For this purpose, the industry is required to submit the progress made

regarding the installation of Pollution control devices viz-a-viz main project

to the concerned Regional Office of the Board. Such request shall be

acceded to only if the progress made by the industry regarding installation

of pollution control devices is commensurate with the main project both in

physical as well as financial terms. For extension in the validity of NOC for

a further period of one year/part of year, the industry/project promoter

shall be required to pay 50% of the normal fee applicable for one year.

The fee will be charged on yearly basis and for a fraction of the year, the

consent fee will be charged for full year. For extension in the validity of

NOC, the industry/project promoter shall apply on the prescribed proforma.

The validity of ‘consent to establish’ (NOC) can not be extended beyond

five years from the date of issuance of the same, in any case. In case, any

industry/project promoter applies for extension in the validity of NOC

beyond the period of 5 years, then, such industry/project promoter must

be asked to apply afresh for NOC from pollution angle and the same will be

dealt/processed/decided as per the policies/guidelines prevailing at that

time.

D. Consent to operate to new units/projects/activities

Before putting into operation any industrial plant /project/ activity,

the entrepreneur is required to obtain consent of the Board to

operate an outlet u/s 25 of the Water (Prevention & Control of

Pollution) Act, 1974 and to operate an industrial plant u/s 21 of the

Air (Prevention & Control of Pollution) Act, 1981. The Punjab

Pollution Control Board has prescribed a composite proforma for

obtaining consent to operate of the Board for all category of

industries/projects, which is available on the website of the Punjab

Pollution Control Board i.e.www.ppcb.gov.in. The entrepreneurs

shall file a Composite Application Form for obtaining consent to

operate u/s 25/26 of the Water Act, 1974 & u/s 21 of the Air Act,


Page 7 of 25

1981 and authorization under rule 5 of the Hazardous Wastes

(Management, Handling & Transboundary Movement) Rules, 2008.

On the said application, separate consents and authorization will be

issued by the Competent Authority. The application to be filed by

the entrepreneur for consent to operate shall be accompanied with

the requisite documents, which are given in Annexure-7 and fee

prescribed by the Board, which is given in Annexure-5.

In case any existing industry/project promoter expands its industrial

activities / modernize its industrial plant / make any technological

changes in the manufacturing process resulting into increase in the

air / water pollution load, the industry/ project promoter is required

to obtain varied consent under the provisions of the Water Act, 1974

and Air Act, 1981. The entrepreneur is also required to file an

application for renewal of the ‘consent to operate’ after the expiry of

the same. The requisite documents required for renewal/varied

consent and the prescribed consent fee are given in Annexure-8 &

5, respectively.

The Board will grant consent to operate to all the

industries/projects/establishments in the areas / zones, where such

industry/project/establishment is allowed to establish.

The project proponents / industries are required to submit a building

plan prepared and duly authenticated by the Director of

Factories/Chartered Architect/Chartered Engineer as may be

authorized to do so under the provisions of section 3-A of the

Punjab Factory Rules, 1952. List of Chartered Architects notified by

the Department of Factories is available on the website of

Department of Factories.

e-governance system for authorization/consent management has

been implemented by the Board and all requisite details will need to

be submitted by the applicant online and he will be able to down-

load the certificate of consent/ authorization of the Board soon after

the approval of the competent authority.


Page 8 of 25

For the facilitation of industries, the Board will accept analysis

results of NABL accredited private laboratories for the purposes

of grant of consent/ authorization.

E. Clearance Certificate

Consent Certificate/ NOC/ Clearance Certificate to be granted by PPCB

will not be a pre-requisite for release of electric connection to the

industries by the Punjab State Power Corporation Ltd.

F. Delegation of powers:

Sr. No. Description Competency

1. SSI units

Green Category

Orange and Red Category

Environmental Engineer Senior Environmental Engineer

2. Medium Scale units

Green Category

Orange and Red Category

Senior Environmental Engineer Chief Environmental Engineer

3. Large Scale units

Green and orange Category

Red category industries having

total project cost upto Rs.15 crores

Red category industries having total project cost more than Rs.15 crores

Chief Environmental Engineer

Member Secretary of the Board Chairman of the Board

4. All Brick Kilns, Cupola Furnace and Rice Shellers without parboiling plant/ steamed rice manufacturing units in small scale category

Environmental Engineer

5. Common Environmental Treatment Facilities like CETP, Integrated Municipal Solid Management Facility,

Chairman of the Board


Page 9 of 25

Common TSDF, Common Bio-medical Waste, Treatment and Disposal Facility, STPs. Authorizations under the Municipal Solid Waste (Management & Handling) Rules, 2000 and consent to operate to the Municipal Corporation.

6. Municipal Councils/ Local Authorities etc.

Member Secretary of the Board

7. Building Construction and Area Development Projects

i) Projects having total project cost upto Rs.10 crores

ii) Projects having total project cost above Rs.10 crores, but upto Rs. 25 crores.

iii) Projects having total project cost above Rs.25 crores, but upto Rs. 50 crores.

iv) Projects having total project cost above Rs.50 crores.

Senior Environmental Engineer Chief Environmental Engineer Member Secretary of the Board

Chairman of the Board

8. Hotels i) 5 Star and above ii) 4 Star iii) Upto 3 Star iv) Without Star hotels, restaurant,

inns, motels, banquet halls, marriage palaces etc.

Chairman Member Secretary Chief Environmental Engineer Senior Environmental Engineer

9. Authorization under the Bio-Medical Rule, 1998. i) Upto 50 beds HCEs and lab and

Blood Banks, Pathological Lab, Veterinary Institutions/ Animal House etc.

ii) More than 50 beds but upto 200 beds

iii) More than 200 beds but upto

500 beds

Environmental Engineer Senior Environmental Engineer/ Additional Secretary Chief Environmental Engineer


Page 10 of 25

iv) More than 500 beds

Member Secretary

10. (1) Authorization under the HWMRules,2008

(2) Registration for importers under the HWM Rules,2008

(3) Registration as coprocessor for using hazardous waste as raw material

Delegation of powers will be same as for consent to operate under the Water Act, 1974 and Air Act,1981. However, in this case the Senior Scientific Officer will exercise powers at par with Senior Env. Engineer. Senior Environmental Engineer Chairman of the Board after the recommendations of Registration Committee constituted by the Board.

11. Registration under the Plastic Rules Environmental Engineer

12. e-Waste (Management & Handling) Rules, 2011 (A) Registration/ Consent to

establish/ operate for Integrated e-Waste Common facility

(B) Registration/ Consent to

establish/ operate for Re-cycler/ dismantler/ Re-furbishing/ Recovery unit

(C) Registration for Collection centers

Chairman Chairman

Chairman

13. Permission for Incineration for Narcotics/ drugs confiscated by the police/ any other authority

Concerned Environmental Engineer of the area in which incinerator installed after checking the surplus capacity.

14. Court cases (i) specific industrial units

To be filed by the competent authority as prescribed under consent management after vetting by Law officer.


Page 11 of 25

(ii) specific industrial units in which

senior authority (Chairman/ Member Secretary) has been impleaded as party

(iii) General cases/ policy decisions

To be filed by the competent authority as prescribed under consent management after approval of the authority impleaded as party. To be filed by the concerned Environmental Engineer in whose area it falls, but with the approval of Chairman of the Board.

NOTE:

Comments relating to any industry/ project to be sent to any

department/ committee of the State Government will be sent by the

concerned Senior Environmental Engineer / Additional

Secretary/Senior Scientific Officer only after the approval of the

Chairman of the Board.

Notice/directions u/s 33-A of the Water (Prevention & Control of

Pollution) Act, 1974 and u/s 31-A of Air (Prevention & Control of

Pollution) Act, 1981 to large and medium scale red category

industries will be issued with the approval of Chairman of the Board.

Notice / directions u/s 33-A of the Water (Prevention & Control of

Pollution) Act, 1974 and u/s 31-A of Air (Prevention & Control of

Pollution) Act, 1981 to all categories of small scale units and

large/medium orange and green category of industries, will be

issued with the approval the Member Secretary of the Board but

personal hearing in these cases will be held at the level of Chief

Environmental Engineer.

Notice u/s 33-A of the Water (Prevention & Control of Pollution) Act,

1974 and u/s 31-A of Air (Prevention & Control of Pollution) Act,

1981 shall be signed by the concerned Environmental Engineer of

the Zonal Office on behalf of the approving authority.

The directions for closure / restoration of the industrial

units/projects u/s 33-A of the Water (Prevention & Control of

Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of

Pollution) Act, 1981 will be signed by the concerned Senior

Environmental Engineer, irrespective of its scale.


Page 12 of 25

The MoEF vide notification No. S.O 23(E) dated 08.01.1997 has

delegated the powers vested in the Central Govt. u/s 5 of the

Environment (Protection) Act, 1986 to the Chairman of the State

Pollution Control Boards to issue directions to any industry or any

local or other authority for the violations of the standards and rules

relating to hazardous wastes notified under the Environment

(Protection) Act, 1986. Furthermore, the MoEF vide notification No.

S.O 327(E) dated 10.04.2001 has delegated the powers vested in

the Central Govt. u/s 5 of the Environment (Protection) Act, 1986 to

the Chairman of the State Pollution Control Boards to issue

directions to any industry or any local or other authority for the

violations of the standards and rules relating to Bio-Medical Waste,

Hazardous Chemicals, Industrial Solid Waste and Municipal Solid

Waste including Plastic Wastes notified under the Environment

(Protection)Act,1986.

Notice/Directions u/s 5 of the Environment (Protection) Act, 1986 to

all categories of industries will be issued with the approval of the

Chairman of the Board and the said directions will be signed by the

concerned Senior Environmental Engineer/ Additional Secretary.

However, the notice to issue directions u/s 5 of the

Environment(Protection)Act,1986 can be signed by the concerned

Senior Environmental Engineer/ Additional Secretary/ Environmental

Engineer/ Asstt. Environmental Engineer.

G. Siting criteria

No new industry of any category shall be allowed in the approved

residential area of any town/city of the State of Punjab and no

red/orange category of industry shall be given consent to establish

within M.C. limits except in the designated industrial area/zone.

The PPCB will continue to grant consent to establish to any category of

industries, which are permissible in the mixed land use areas/zones as

per by-laws of the notified Master Plan / draft master plan.


Page 13 of 25

All Red/Orange/Green category of industries, which are to be

established in the areas / Zone other than designated/approved areas

such as Industrial Area/Industrial Estate/Industrial Focal

Point/Approved Industrial Park/Industrial Zone of the statutory/non-

statutory Master Plans, will be allowed to set up at a distance of 100m

outside the Municipal Council limits/ phirni of village/ designated

residential area /residential area comprising of 15 pucca houses by the

Competent Authority of the State. In such cases, certificate of its

location/situation from the nearest village lal lakir/ phirni/ MC

limits from the Revenue Authorities such as Deputy Commissioner/

Additional Deputy Commissioner or the Sub-Divisional Magistrate

will be required for grant of consent to establish (NOC)/


The siting guidelines issued for establishment of rice shelling

units/parboiling plants issued by the Government of Punjab,

Department of Science, Technology and Environment vide order No.

10/48/2004-STE(4)/4061-77 dated 13.09.2006 (Annexure-9); for

cement plants/brick klins issued by the PPCB vide it's Notification No.

Admn/A2/FNo.178/98/3 dated 02.09.1998 (Annexure-10); hot mix

plant issued by the PPCB vide it's Notification No.

Admn/A2/FNo.178/99/3 dated 26.04.1999 (Annexure-11) and stone

crushers issued by the Government of Punjab, Department of Science,

Technology and Environment vide notification No. 3/7/96-STE(5)/562

dated 17.03.1998 (Annexure-12) as may be amended from time to

time, will remain operative.

The siting guidelines issued by the Department of Forests and Wildlife

Preservation vide its Notification No. 26/218/08-Ft-5/4097 dated

05.06.2012 (Annexure-13) relating to distance of the industrial

units/projects from wildlife sanctuary/zoo will remain operative.

The guidelines for setting up of Construction projects (residential

colonies & commercial establishments like shopping malls and

multiplexes etc.) as prescribed by the Govt. of Punjab, Deptt. of

Science, Technology & Environment vide notification No.


Page 14 of 25

3/6/07/STE(4)/2274 dated 25.7.2008 (Annexure-14) and as

amended vide notification no. 3/6/07/STE (4)/3768 dated

30.10.2009 (Annexure-15), will remain operative.

Office order no. 198 dated 21/11/1995 (Annexure-16) of the Board

stands omitted.

Siting criteria as mentioned in Office Order No. GPC/NIP/F.10/2010/4

dated 17.02.2010 (Annexure-17) of the Board stands omitted.

All the distances shall be measured from the nearest source of air

pollution upto the boundary of the project/establishments and in case

of 15 pucca houses, upto the nearest house towards the source of air

pollution.

H. Consent to operate to the existing industries

PPCB will continue to grant its consent to operate/ authorization to

all industries not having any hazardous process, existing and

operating in non-designated industrial areas prior to the date of

notification of Master Plan provided the industry complies with the

prescribed norms for the discharge of effluent/ emissions.

The project proponents/ industries will be required to submit a building

plan prepared and duly authenticated by the Director of Factories/

Chartered Architect/ Chartered Engineer as may be authorized to do so

under the provisions of section 3-A of the Punjab Factory Rules, 1952.

List of Chartered Architects notified by the Department of Factories is

available on the website of the Department of Factories.

e-governance system for its authorization/consent management has

been implemented by the Board and all requisite details will need to be

submitted by the applicant online and he would be able to down-load

the certificate of consent/ authorization of the Board soon after the

approval competent authority.

For the facilitation of industries, the Board will accept analysis

results of NABL accredited private laboratories for the purposes of

grant of consent/ authorization.

I. Consent Fee:


Page 15 of 25

Consent to establish/operate fee from large/medium/small scale

Red/Orange/ Green category of industries shall be charged as specified by

the Board vide office order No. Admn./SA-2/F.No.563/2009/6 dated

22/10/2009 (Annexure-5). The consent fee for the period 22/10/2009

upto the period for which the consent is to be granted, shall be charged as

per the said annexure.

The consent fee for the period 1/4/1992 to 9/10/1994 will be calculated as

per fee criteria given in Annexure-18. The consent fee for the period

10/10/1994 to 30/9/2004 will be calculated as per fee criteria given in

Annexure-19 and consent fee for the period 1/10/2004 to 21/10/2009

will be calculated as per fee criteria given in Annexure-20.

For clarification, illustrative examples as to how the consent to

establish/operate fee is to be calculated are given in Annexure 21, 22 &

23.

J. Procedure for processing the cases for restoration of power

supply / release of Bank Guarantee/withdrawal of

directions.

Temporary restoration shall be granted for a period of six month in the first

instance and samples will be collected with a minimum gap of 45 days and

maximum gap of 55 days during the temporary restoration of six months.

Case for temporary restoration, grant of consent for temporary period shall

be approved by the competent authority on a case to case basis as per

competency. Thereafter, the case will be considered for permanent

restoration. Accordingly, Board's circular no. 14442 dated 26.01.1999

(Annexure-24) and no. 975-96 dated 9/3/2000 (Annexure-25) as

amended on 3/5/2001 (Annexure-26) relating to temporary restoration of

electricity shall remain in force with aforesaid amendment.

The industries to whom notice/directions for closure have been/are to be

issued for violation of environmental statutes will be visited and inspected

by the Env. Engineer of the concerned Regional Office. However, the Env.

Engineer may get the assistance of any officer/official posted in the

Regional Office for conducting the visit. Therefore, the Office Order No.

144 dated 24.06.2009 (Annexure-27) stands operative with

aforementioned amendments.

K. Validity period of consent to establish / operate


Page 16 of 25

(i) Consent to establish

The validity period of consent to establish under the provisions of

the Water (Prevention & Control of Pollution) Act, 1974, the Air

(Prevention & Control of Pollution) Act, 1981 will be for one year.

(ii) Consent to Operate

All the industries will be granted consent to operate/ authorization

for a period of 5 years except in the case of industries falling in

green category, where the consent would be for a period of 10

years. However, the culminating period of consent to operate shall

be as under:

Sr. No.

Scale and category of the industry/project

Culminating period

1 Large & Medium-Red Category 31st March

2 SSI-Red category except brick kilns 30th June

3 All scale orange category of

industries and brick kilns 30th September

4 All scale green category of industries

31st December

After obtaining the consent of the Board, the industry will intimate

the concerned Regional Office of the Board that its ETP/ APCD has

stabilized and shall make a request to the said Office within 3

months to carryout performance study / sampling of pollution

control devices. If, the industry does not convey to the Board, then

it will be the responsibility of the Regional Office to visit the industry

for carrying out monitoring after 3 months but not later than 6

months. In case, the industry is found violating the conditions of

consent, the industry would be liable for action under the provisions

of the environmental laws including revocation/cancellation of

consent granted to it.

L. Frequency of visit / sampling


Page 17 of 25

Frequency of visit / sampling of the units shall be in accordance with the

guidelines issued by the CPCB, a copy of which is enclosed herewith as

Annexure-28. However, out the said criteria, officers of the Board shall

carry out atleast one visit to the units/projects as per scheme mentioned

below:

Sr. No

Category of industry Level of the Officer

1. 17 category of highly polluting industries

Chief Environmental Engineer

2. Large Red category except 17 category of highly polluting

industries

Senior Environmental Engineer

3. Medium & Small Scale Red category and all Orange category of Industries except for which CETP has been

installed.

Environmental Engineer

4. All Green category of Industries Asstt. Environmental Engineer

5. All health care establishments and common Bio-Medical Waste

Treatment & Disposal Facilities.

EPA section.

NOTE: All the CETPs/common TSDF/STPs will be visited by EPS/any

team constituted by the Chairman/Member Secretary of the

Board.

M. Competence to visit to the industry/project for processing

application for consent to establish/operate and

authorization.

a. Small, medium and large scale green category of industries and

registration under the Plastic Rules may be visited by the Asstt. Env.

Engineer alone.

b. Small, medium and large scale orange category and small scale red

category of industries may be visited by a team to be constituted by the

Env. Engineer of the Regional Office.


Page 18 of 25

c. Medium/ large scale red category of industries and building,

construction & area development projects may be visited by the Env.

Engineer of the Regional Office. He may get the assistance of any other

officer/official posted in the Regional Office for conducting the visit.

d. Authorization cases under the Bio-Medical Waste (Management and

Handling)Rules,1998,which fall in the competency of Regional Office

may be visited by the Asstt. Env. Engineer. Other cases of authorization

may be visited by the Env. Engineer of the Regional Office. He may get

the assistance of any other officer/official posted in the Regional Office

for conducting the visit.

N. Procedure for industries exempted from consent

management:

PPCB has prepared a list of 131 industries for exemption from its

consent management, which has been submitted to Central Pollution

Control Board for approval. Since the CPCB has not conveyed any

objection to the proposed list, PPCB will grant exemption to all these

industries. A list of the industries exempted from the consent

management under the Water Act, 1974 and Air Act, 1981 is appended

as Annexure-29.

The Board's order no. EE-I/Gen-214/F-2 dated 31/8/2000 (Annexure-

30) and as partially amended vide office order no. 2 dated 16/9/2002

(Annexure-31) stands omitted.


Page 19 of 25

The Board vide Office Order No. GPC/Hosiery/Inds/F.203/2010/2 dated

27.1.2010 (Annexure-32) raised the investment limit from Rs.25 Lacs

to Rs.1 Crore relating to hosiery manufacturing as mentioned at Serial

No. 63, 64, 65, 66 & 67 in the list of 95 types of industries. This Office

Order stands omitted.

The Board vide Office Order No. GPC/Inf.Tech/F.53/2010/3 dated

16.02.2010 (Annexure-33) has exempted 'Information Technology'

industry/Knowledge Industry from the Consent Management of the

Board under the provisions of the Water (Prevention & Control of

Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act,

1981 for five years subject to certain stipulations. Subsequently, the

Board vide Office Order No. GPC/Inf.Tech/F.53/2010/268 dated

04.10.2011 (Annexure-34) has made amendment in Office Order No.

GPC/Inf.Tech/F.53/2010/3 dated 16.02.2010 in respect of condition No.

4. Both these Office Orders will remain operative.

The Board vide Office Order no. HQ-2/Solar PV/F-322/2010/08 dated

05.01.2011 (Annexure-77) has exempted the solar photovoltaic

plants having capacity less than 5MW from the consent management

system of the Board under the Water Act, 1974 and Air Act, 1981 for

five years subject to certain stipulations. This Office Order will remain

operative.

O. Procedure for power load to the existing industries:

Since the consent certificate/NOC/clearance certificate of the Punjab

Pollution Control Board will not be a pre-requisite for release of power

connection to the industries, as such, Circular no. Gen./F. No. GEN-

192/2001/3001-3100 dated 10/8/2001 (Annexure-35), no. 5558-68

dated 24/7/2002 (Annexure-36) and no. Tech/GPC/1999-2000/1

dated 27.04.1999 (Annexure-37) stand omitted.

The circular no. GPC/Gen/F. No. 434/2005/173 dated 7/3/2005

(Annexure-38) for power load to green category of industries located

in non-designated areas stands omitted.


Page 20 of 25

P. Period prescribed for processing application for consent to

establish/ operate

The Govt. of Punjab has prescribed the following time period for deciding

the application for consent to establish / operate under the Water

(Prevention & Control of Pollution) Act, 1974 & the Air (Prevention &

Control of Pollution) Act, 1981 under the Punjab Industrial Facilitation Act,

2005:

Sr. No.

Approval/ clearances required

Time limit

1. Consent to establish (NOC)

Green Category 15 days Red & Orange Category

Large & Medium 21 days Small Scale 15 days

SAC-Cum-CSA 21 days

2. Clearance certificate and

consent to operate Green Category 15 days

Red & Orange category 30 days

Any Office Order issued by the Board, inconsistent with the above said

criteria, shall be amended accordingly.

Q. Outlet for discharge of wastewater

While granting ‘consent to operate’, the concerned Regional Office shall

mark the authorized outlet on the site plan and said site plan should be

signed by the authorized signatory of the project proponent and the

visiting officer of the Board.

R. Miscellaneous

In order to encourage self-discipline amongst all industries,

PPCB will accept environment audit reports from the Chartered

Engineers. The Board would notify a panel of Chartered

Engineers to facilitate the industries to select any one of them

for environment audit and the same will be circulated to all

concerned Officers of the Punjab Pollution Control Board

separately.


Page 21 of 25

For monitoring the intensity of pollution and online surveillance

of highly polluting industries, PPCB will facilitate installation of

CCTV cameras.

PPCB will endeavour to take snap shots of industrial emissions

at any point of time and maintain a record of industries for one

month through digital video recorder (DVR). The said snaps

would be used as an evidence to take action against the

defaulting industries.

Following circulars / Office Orders stands omitted/remain

operative.

Sr. No.

Description No. & date of the Circular / Office Order

Whether stands omitted or remain operative

Remarks

1. Regarding consent fee

No. 151-61 dated 11.01.2000

Operative Annexure-39

2. Policy regarding CTE/CTO in non-designated area

No. GPC/99-2000/Gen-434/F-1 dated 16.08.2000

Stands omitted.

Annexure-40

3. -do- No. Admn/SA-4/F No. 96/2001/ 89 dated 04.04.2001

Stands omitted.

Annexure-41

4. -do- No. Admn/SA-2/F No. 178/2001/98 dated 11.04.2001

Stands omitted.

Annexure-42

5. Timelines for NOC.

No. 1 dated 23.05.2001

Stands omitted.

Annexure-43

6. Definition of fixed capital investment

No. 2911-3000 dated 10.08.2001


7. Regarding exemption of industries

No. GPC/EE-2/2002/Gen-362 /1, dated 16.09.2002

Stands omitted.

Annexure-45

8. Timelines for green category

No. 3 dated 16.09.2002

Stands omitted

Annexure-46


Page 22 of 25

units in Industrial Zone.

9. Delegation of powers

No. Admn/SA-4/F.No.96/2003/ 150 dated 27.03.2003

Stands omitted

Annexure-47

10. Policy to be adopted for installation of Sewage Treatment Plants for colonies proposed to be established

No. EE(EPA)/2003/3987-4008 dated 05.11.2003


11. Delegation of powers for restoration of power supply.

No. Admn/SA-5/F.No. 783/2004/ 419 dated 04.10.2004

Stands omitted

Annexure-49

12. Link of environmental clearance with SCA-SAC cases

No. CSA/04/P-48/427 dated 08.10.2004

Stands omitted

Annexure-50

13. Delegation of powers for CETPs

No. 473 dated 17.11.2004

Stands omitted

Annexure-51

14. Review of validity period of CTO granted by the Board under the Water Act, 1974 and Air Act, 1981

No. GPC/Gen/2004/214/8 dated 11.10.2004

Stands omitted

Annexure-52

15. Regarding ensuring regular operation of pollution control devices

No. CSA/06/P-48/7845 dated 08.12.2006


16. Supply of a copy of notices to computer section

No. Computer/07/53 dated 09.02.2007

Stands omitted

Annexure-54

17. Procedure for collection of samples by private laboratories

No. ZO/PTA/12 dated 15.05.2007

Operative as

amended.

Annexure-55

18. Disconnection of No. GPC/F. No. Operative Annexure


Page 23 of 25

power supply of closed units

133/Admn/783 / 2007 / 265 dated 17.09.2007

-56

19. Powers for re-sampling of wastewater / stack emissions

No. Admn/SA-2/2008/70 dated 10.03.2008


20. Regarding exercising of powers delegated to SEEs/EEs

No. 27329-49 dated 15.07.2008


21. Sampling procedure of wastewater

No. Admn/SA-4/F.96/2003 /264 dated 04.09.2008


22. Submission of visit reports by special teams

No. 307 dated 15.03.2010


23. Vetting of show cause notices / Orders for closure from LO

No. Estt/SA-1/F.No. 182-111/208/228 dated 26.03.2008

Stands omitted.

Annexure-61

24. Regarding plantation

No. Admn/SA-1/2008/876 dated 01.12.2008


25. Policy to be adopted for installation of STP for hotels/ restaurants/ Marriage palace / resorts in operation and proposed to be established or being established.

No. GPC/ NIP/92/ 7776-96 dated 21.12.2009


26. Procedure for consent management

Order no. 4 dated 17/2/2010

Stands omitted

Annexure-17

27. Applicability for HCs regarding consent management

No. EPA/2010/Gen-2/389 dated 25.03.2010


28. Timelines for ROs for restoration of power supply

No. SEE/(HQ-1)/Gen/175/ 2010/464 dated 30.06.2010



Page 24 of 25

29. Guidelines permitting the use of petcoke in boiler/furnaces

No. (HQ-1)/Pet Coke/F-200/2010/478 dated 20.07.2010


30. Consent management of units falling in Master Plan / Outside Master Plan

No. (HQ-1)/NDA-F60/2010/485 dated 23.07.2010


31. Policy for grant of CTE/CTO for telecommunication towers/ communication network system.

No. GPC/MobileSTN/F. 122/ 2010/521 dated 03.09.2010


32. Regarding permission of CGWA for abstraction of groundwater

No. SEE(HQ-1)/F-175/ 2010/579 dated 15.12.2010


33. Fee for filing appeal before Appellate Authority

No. Admn/SA-3/2011/29 dated 18.01.2011


34. Permission for building plan

No. GPC/Guidelines-RS-SP/F33 / 2011/227 dated 08.08.2011


35. Siting guidelines for hotel/motel / restaurant / Lodge /Inn/Guest House/Banquet Hall / Marriage Palace

No. SEE(HQ-1)/F-244/ 2011/271 dated 10.10.2011


36. Fee for CTO for local bodies

No. SEE-1/315 dated 29.11.2011


37. Regularization of consents for operation of additional machinery/ modification / increase in production capacity by industries

No. SEE(HQ-1)/2011/270 dated 10.10.2011

Stands omitted.

Annexure-74


Page 25 of 25

/project proponents under Water Act, 1974 and Air Act, 1981

38. Permission for disposal of material confiscated under NDPS Act by the Police Authorities and other agencies.

No. SEE(HQ-1)/2012/65 dated 12.03.2012


39. Regarding mining of minor minerals.

No. 1398-1420 dated 19.03.2012


40. Exemption of solar photovoltaic plants having capacity less than 5MW from the consent management system

No. HQ-2/Solar PV/F-322/2010/08 dated 05.01.2011


Note: To implement the new policy in letter and spirit, the Board will

omit its circular(s) and amend the same from time to time, if

any, is found contrary to the clauses enumerated above and

issue, if need be, new circular(s) compatible to the policy.

********

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PUNJAB POLLUTION CONTROL BOARD VATAVARAN … Criteria/completepolicy2013.pdf · Punjab Pollution Control Board had framed policies / guidelines for consent management from time to