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, Annexure-2 & Annexure-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 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 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/ authorization by the Board.

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)/ authorization by the Board.

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 permissibility of establishment of such industry in the mixed land use from the bye-laws of the Master Plan.

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)/ authorization by the Board.   

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 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 (NOC)

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, 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, 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 &  Annexure-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. 

·             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, 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.

 

Chairman of the Board

      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

 

iv)           More than 500 beds

 

 

 

Environmental Engineer

 

 

 

Senior Environmental Engineer/ Additional Secretary

 

Chief Environmental Engineer

 

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

 

 

 

 

(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 vetting by Law officer.

 

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:

v       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.

v               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.

v            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.

v                 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.  

v                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.

v              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.

v      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.

·     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)/ authorization by the Board.

·        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. 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:

  • 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 Annexure-22 & Annexure-23.   

J.         Procedure for processing the cases for restoration of power supply / release of Bank Guarantee/withdrawal of directions.

v  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.  

v  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

(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

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.  

Uniform Visit Report 

Inspection Procedure and documents checklist


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.

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 

·        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.

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)

 

Ø  Green Category 15 days

Ø  Red & Orange Category

·         Large & Medium  21 days

·         Small Scale 15 days

Ø  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.

·             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

 

Operative

Annexure-44

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 units in Industrial Zone.

 

No. 3 dated 16.09.2002

Stands omitted

Annexure-46

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

Operative

Annexure-48

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

Operative

Annexure-53

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 power supply of closed units

No. GPC/F. No. 133/Admn/783 / 2007 / 265 dated 17.09.2007

Operative

Annexure-56

19.  

Powers for re-sampling of wastewater / stack emissions

 

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

Operative

Annexure-57

20.  

Regarding exercising of powers delegated to SEEs/EEs

No. 27329-49 dated 15.07.2008

Operative

Annexure-58

21.  

Sampling procedure of wastewater

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

Operative

Annexure-59

22.  

Submission of visit reports by special teams

No. 307 dated 15.03.2010

Operative

Annexure-60

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

Operative

Annexure-62

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

Operative

Annexure-63

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

Operative

Annexure-64

28.  

Timelines for ROs for restoration of power supply

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

Operative

Annexure-65

29.  

Guidelines permitting the use of petcoke in boiler/furnaces

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

Operative

Annexure-66

30.  

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

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

Operative

Annexure-67

31.  

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

 

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

Operative

Annexure-68

32.  

Regarding permission of CGWA for abstraction of groundwater

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

Operative

Annexure-69

33.  

Fee for filing appeal before Appellate Authority

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

Operative

Annexure-70

34.  

Permission for building plan

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

Operative

Annexure-71

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

Operative

Annexure-72

36.  

Fee for CTO for local bodies

No. SEE-1/315 dated 29.11.2011

Operative

Annexure-73

37.  

Regularization of consents for operation of additional machinery/ modification / increase in production capacity by industries /project proponents under Water Act, 1974 and Air Act, 1981

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

Stands omitted.

Annexure-74

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

Operative

Annexure-75

39.  

Regarding mining of minor minerals.

No. 1398-1420 dated 19.03.2012

Operative

Annexure-76

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

Operative

Annexure-77

 

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.