Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-23072024-255656
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 386]
NEW DELHI, FRIDAY, JULY 19, 2024/ASHADHA 28, 1946
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 19th July, 2024
G.S.R. 423(E). —The following draft notification which the Central Government proposes to issue, in exercise of the powers conferred by section 21A of Air Act and section 27A of Water Act for bringing out regulations for issuing guidelines with regard to consent to operate and consent to Establish is hereby published for information of the public and other stakeholders likely to be affected. Further, notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which the draft notification is published in the Gazette of India;
Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003 or electronically at email address: [email protected] or [email protected]
DRAFT NOTIFICATION
Whereas, the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act 1974 were amended with a view to Streamline Consent Mechanism by issuing guidelines;
And whereas, the Ministry consulted the Central Pollution Control Board (CPCB) to prepare such guidelines;
And whereas, this notification is intended not only to enhance ease of doing business, minimizing compliance burden of Industries, but also to reduce duplication in the work at the State Pollution Control Board (SPCB)/Pollution Control Committee (PCC) level;
And whereas, due care has been taken, while preparing this notification, that appropriate monitoring and compliance of pollution is ensured.
Now therefore, in exercise of powers conferred under Section 21A of the Air (Prevention and Control of Pollution) Act, 1981, and section 27A of Water (Prevention and Control of Pollution) Act, 1974, the Central Government, hereby notifies the Guidelines relating to Consent fee and Grant, Refusal or Cancellation of Consent to Establish & Consent to Operate:
Guidelines relating to the Uniform Consent fee and Grant, Refusal or Cancellation of Consent to Establish or Consent to Operate
CONTENTS
+---------+-------------------------------------------------------------+------+
| Chapter | Description | Page |
+=========+=============================================================+======+
| 1.0 | Guidelines for Uniform Consent Fee across SPCB / PCC | 2 |
+---------+-------------------------------------------------------------+------+
| 2.0 | Guidelines relating to grant, refusal or cancellation of consent | 3 |
+---------+-------------------------------------------------------------+------+
| 2.1 | Guidelines for Grant of Consent to Establish | 3 |
+---------+-------------------------------------------------------------+------+
| 2.2 | Guidelines for Grant of Consent to Operate & its Renewal | 4 |
+---------+-------------------------------------------------------------+------+
| 2.3 | Guidelines for Refusal and Cancellation of Consent | 6 |
+---------+-------------------------------------------------------------+------+
| 3.0 | Timeline for processing of consent applications | 7 |
+---------+-------------------------------------------------------------+------+
| 4.0 | Portal for implementation of these guidelines | 8 |
+---------+-------------------------------------------------------------+------+
| 5.0 | Monitoring Committees | 8 |
+---------+-------------------------------------------------------------+------+
| Annex I | Model Template for Common Consent & Authorization | 9 |
+---------+-------------------------------------------------------------+------+
| Annex II| Model Template for Endorsement for White Category Industry | 18 |
+---------+-------------------------------------------------------------+------+
| Appendix| Uniform Consent Fee Mechanism | 19 |
+---------+-------------------------------------------------------------+------+
1.0 GUIDELINES FOR UNIFORM CONSENT FEE ACROSS SPCB/PCC
The guidelines for rationalized / uniform consent fee across the State Pollution Control Boards (SPCBs) / Pollution Control Committees (PCCs) under the Water (Prevention and Control of Pollution) Act, 1974 (as amended to date), Air (Prevention and Control of Pollution) Act, 1981 (as amended to date) and Authorization under various Environmental Protection Rules, 1986 (as amended to date) are as follows:
1.1 Capital Investment
(a) The investment made on fixed assets i.e. Land, Buildings including Staff Quarters, Guest Houses, etc. within industrial premises (or) townships, plants and machinery or equipment including the cost of investment on Pollution Control without depreciation.
(b) In the case of an industry operating on lease land and / or building or any other assets, ten (10) times the annual lease value is to be taken as equivalent to Capital Investment (or) Guidance Value of property / land, whichever is higher.
1.2 Validity period of Consent to Establish & its Consent fee
(a) The validity period of Consent to Establish (CTE) shall be as per the Environment Clearance (EC) issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) / State Environment Impact Assessment Authority (SEIAA) in case of a project attracting prior Environment Clearance.
(b) In case the project / activity does not attract EC, then CTE shall be given for a minimum of five (05) years period initially and may be further extended by a maximum period of two (02) years on request of the project proponent, thereby making the outer limit for validity seven (07) years from the issue of CTE.
(c) The consent fee for CTE shall be twice the Annual Consent fee under the Water Act and / or Air Act, as applicable to the project activities for the entire period of establishment of the project.
1.3 Estimation of Consent fee for various activities
The capital investment slabs, categorization of industry, consent fee for industrial sectors, local bodies, mining projects, coffee pulping, aqua culture and Diesel Generator (DG) set as single air pollution source, rebate & late fee for renewal of consent, incentives to the industry, revision of consent fee and authorization fee, are given as Appendix.
1.4 Higher Consent fee by SPCBs / PCCs
SPCBs / PCCs may decide the quantum of consent fee which may be maximum up to 20% higher than the estimated consent fee based on the methodology suggested in this guideline, taking into account local environmental issues and local conditions. However, SPCBs / PCCs can charge any consent fee lower than that.
1.5 Common Consent and Authorization Form
SPCBs / PCCs shall adopt a single-step procedure for issuing Common Consent and Authorization (CC&A) under the Water Act, the Air Act and Authorization under the EPA Rules. Accordingly, a model template for Common Consent and Authorization form is given at Annexure I.
2.0 GUIDELINES RELATING TO GRANT, REFUSAL OR CANCELLATION OF CONSENT :
2.1 Guidelines for grant of Consent to Establish (CTE)
(a) Information related to the CTE application (common consent form) shall be filled up by the applicant with prerequisite information / documents as per the procedures specified.
(b) Adequate fees prescribed for obtaining CTE shall be paid along with the application online / offline as per the rates prescribed by the State Government / UT.
(c) Siting Criteria:
i. The industrial establishment shall comply with the sector-specific siting criteria of the Central / State / UT as applicable, orders passed by the Hon'ble National Green Tribunal (NGT) / Courts, and Guidelines issued in compliance with such orders / rules issued by MoEF&CC / CPCB / SPCB /PCC.
ii. In case of non-availability of sector specific siting criteria, the General Guidelines framed by the respective State / UT shall be followed, otherwise, the following criteria (minimum distance) shall be maintained:
a) From the nearest boundary of surface water body (flood plain/ HFL / Red line) as per the revenue sketch:
• Red Category : Beyond 500 meters
• Orange Category :
✓ With effluent generation : Beyond 75 meters
✓ Without effluent generation : Beyond 30 meters
• Green Category : Beyond 30 meters
b) From the Settlement, Educational Institute, Worship place, Archaeological Monuments, National Park, Reserve Forest, Heritage site, interstate boundary shall be maintained:
• Red Category : Beyond 500 meters
• Orange Category : Beyond 250 meters
• Green Category : Beyond 100 meters
(Having noise/vibration generating machineries)
Note: Other than the above criteria, the respective SPCB /PCC shall follow the distance from the water bodies / above-mentioned places, as per their existing rules / norms if any specified by the concerned departments of State Governments / UT or Central Govt. Department.
iii. The above distance criteria shall not be applicable to Special Economic Zones / Doon Valley / Dhanuka / Taj-Trapezium, Aravalli Range, etc. where it shall be governed as per provisions laid down under the respective notification.
iv. No industry will be allowed to set up in non-conforming areas or restricted / prohibited areas pertaining to Eco-Sensitive Areas, Wetland areas, etc. as notified under Coastal Regulation Zone (CRZ) Regulations, Wet Land Rules, other notifications notified under the Environment (Protection) Act, 1986 or other laws / rules / notifications issued therein from time to time.
v. Applicability of other prevalent laws, rules, and regulations, as applicable shall be verified and complied with.
vi. The natural / storm drain passing through any proposed site shall not be disturbed.
vii. The applicability of EC as per the provisions of Environmental Impact Assessment (EIA) Notification 2006, as amended from time to time, shall be verified and complied with.
(d) Site verification:
i. The respective officer of SPCB / PCC, as per the delegation of power, shall conduct inspection of the proposed site and verify the suitability of the site for establishing proposed activity with respect to present environmental conditions of location, human habitation, historical monument, and sensitive area, if any.
ii. Inspection may also be carried out to capture surrounding environmental settings, and verification of information submitted in the application / proposals. Accordingly, the detailed observations report will be submitted to the designated officer of the Board / Committee for taking decision.
iii. The reasons for violations / non compliances are to be recorded in writing and communicated to the industry by the inspecting officer.
(e) Grant of CTE: Based on the verification report and recommendations of the designated officer / consent committee, CTE shall be issued to the unit under Section 25 / 26 of the Water Act and under Section 21 of the Air Act, along with general conditions and specific conditions, as applicable based on the proposed activities and site location.
(f) 17 categories of Highly Polluting Industries i.e. Pulp & Paper, Distillery, Sugar, Tanneries, Power Plants, Iron & Steel, Cement, Oil Refineries, Fertilizer, Chloral Alkali Plants, Dye & Dye Intermediate Units, Pesticides, Zinc, Copper, Aluminum, Petrochemicals, and Pharma Sector, and Common Effluent Treatment Plants (CETP), Sewage Treatment Plants (STPs), Common Bio-Medical Waste and Common Hazardous Waste Incinerators will have to install Online Continuous Effluent Quality and Emission Monitoring Systems (OCEMS).
(g) White Category: These are exempt from CTE/CTO procedure. However, One-time endorsement shall be issued to the White Category Industries based on self-declaration, as per the procedure laid down. A model template for endorsement is given in Annexure II.
Note: The industry shall also obtain CTE in case of expansion / modernization / change of products or processes from the respective SPCB /PCC before commissioning.
2.2 Guidelines for Grant of Consent to Operate & its Renewal
Once the industry or process plant is established with the requisite pollution control systems and ready to operate, the occupier is required to obtain Consent to Operate. Accordingly, the guidelines for Grant of Consent to Operate & its Renewal under the Water Act and Air Act are as follows:
2.2.1 Consent to Operate (CTO):
The following procedure shall be followed for issue of CTO:
a. Information related to the CTO application (common consent form) shall be filled up by the applicant with prerequisite information / documents.
b. Adequate fees along with penalty / late fee, if any prescribed for obtaining CTO shall be paid as per the rates prescribed by the SPCB / PCC.
c. Compliance with the conditions stipulated in CTE issued by the SPCB / PCC shall be submitted along with the self-regulation mechanism Online Continuous Effluent Monitoring System (OCEMS) implemented by the occupier, as applicable.
d. Compliance with the conditions stipulated in EC as applicable and issued by the concerned authorities shall be submitted.
e. Verification :
i. The respective officer of SPCB / PCC, as per delegation of power, shall inspect and verify the industry w.r.t. compliance of CTE and installations of various plants & machineries, pollution control devices, waste management facilities and other infrastructures required to ensure compliance of stipulated discharge / emission / waste management norms, OCEMS, etc.
ii. The detailed report of compliance of monitoring with CTE conditions / EC conditions will be submitted to the designated officer of the SPCB / PCC for taking a decision. The reasons of violations / non-compliances are to be recorded in writing to the industry by the inspecting officer.
f. Issue of CTO :
i. Based on the inspection report and recommendations of the designated officer / consent committee, CTO shall be issued to the Unit under Section 25 &26 of the Water Act and under Section 21 of the Air Act.
ii. The CTO will contain general conditions and relevant specific conditions in view of variation in process, operations, effluent disposal, environment standards, guidelines, siting criteria, court directions, notification, etc. taking into account required pollution control measures and safeguard of environment for respective industrial sector and area.
g. CTO shall be issued to the Unit under Section 25/26 of the Water Act and under Section 21 of the Air Act, for a specific period based on the category of industry, as decided from time to time.
h. The frequency of compliance monitoring and sampling of the Red, Orange and Green category industry shall be half yearly, annually, and once in two (02) years respectively by the SPCBs / PCCs.
2.2.2 Consent for Renewal:
The following procedure shall be followed for renewal of CTO:
a. Compliance status to the conditions stipulated in previous CTO / Conditions of Bank Guarantee (if any) / Directions (if any) issued by CPCB / respective SPCB / PCC for time-bound compliance shall be observed.
b. Submission of Environmental Statement (Form V) as per Environment (Protection) Rules, 1986 and Annual Returns (Form- 4) as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 shall be ensured.
c. Declaration on no Change in the Manufacturing Process, Production capacity Pollution Load, Quantity, and mode of discharge of effluent and emissions shall be obtained and ensured.
d. The respective officer of SPCB / PCC, as per delegation of power, shall verify the industry w.r.t. compliance of CTO conditions which includes verification of relevant records on water consumption and waste water management, operation of Effluent Treatment Plants (ETP) / Air Pollution Control Devices (APCD), Records of generation and disposal of hazardous wastes, functioning of OCEMS and its data logging, record of exceedance of stipulated standards of source emission and effluent discharge, addressing Public / VIP complaints etc. and submit the detailed observations report to the designated officer of the Board / Committee for taking decision.
e. In case of non-compliance of effluent and emission discharge norms as per the compliance monitoring and sampling carried out, the details of pollutants / emissions (chemical reaction / material balance), design and operating conditions of ETPs and APCDs / System to be verified by the respective officer and upgradation / modification of environmental management systems required to be incorporated while renewing consent to meet the norms prescribed.
f. The reasons for violations / non-compliances to be recorded. The inspection report shall record, the observations of the compliance monitoring, findings of the records and his / her view on the compliance of consent conditions. Based on the inspection report, the decision-making authority will initiate appropriate action as contemplated in the statute.
g. CTO will be renewed to the Unit under Section 25/26 of the Water Act and under Section 21 of the Air Act, for a specific period based on the category of industry, as decided from time to time.
h. In order to minimize inspection of industries, the frequency of compliance monitoring and sampling of the Red, Orange and Green category industry shall be half yearly, annually, and once in two (02) years respectively by the SPCBs / PCCs.
2.3 Guidelines for Refusal and Cancellation of Consent
Refusal or Cancellation / Withdrawal of consent (before the expiry of the period for which it is granted or refusing further consent after such expiry) is done as per Section 27 of the Water Act and Section 21 of the Air Act, for non-compliance with consent conditions imposed by the SPCB / PCC. The refusal of consent may be effected/considered for the following reasons:
a) Violation of siting criteria, the industry does not satisfy the sitting criteria of the Central / State in the case of CTE.
b) Non-compliance of Consent and EC conditions.
c) Variation in their process and its operations.
d) Not meeting the effluent disposal / emission standards and failure to upgrade the ETP / APCDs / Fugitive Emission Control Systems or any other prescribed equipment.
e) Non-compliance of Court directions, Guidelines, and Notifications and Standard Operating Procedures (SOPs)
f) Accidental discharges of effluent / emission causing grave injury to the environment and human health.
g) Occurrence of accident resulting in damage to the existing ETP / APCD systems.
h) Non-payment of requisite consent fee, Environmental Compensation / Late fee / Bank Guarantee imposed by the CPCB and respective SPCB / PCC.
i) Industries proposed in the ban areas notified by the Central / State Government.
j) Submission of incomplete information or false information or concealment of any material facts pertaining to the proposed plant.
k) Violation of any prevailing rules/regulations.
No application for grant of consent will be refused without giving an opportunity of being heard and the reasons for refusal recorded in writing and duly communicated to the applicant with necessary directions, as deemed fit.
3.0 TIMELINE FOR PROCESSING OF CONSENT APPLICATIONS:
3.1 The Water Act and the Air Act provide for obtaining Consent to Establish / Operate by Activities / Industries. Subject to the provisions of the amended Air and Water Act, the timeline for issuing consents will be governed by this para.
3.2 The maximum time limit for processing of the applications received from the date of receipt in all respects for issue of consent to establish, consent to operate, renewal of consent, consent for expansion activity, amendment, extension of consent by the SPCB/PCC will be as follows:
Timeline for issue of Consent
+-------+-------------------------------------------+--------+---------+--------+
| S. No. | Application | Red# | Orange# | Green# |
+=======+===========================================+========+=========+========+
| 1. | Grant / Refusal of Consent to Establish | 60 | 45 | 30 |
+-------+-------------------------------------------+--------+---------+--------+
| 2. | Grant / Refusal of 1st Consent to Operate | 90 | 60 | 30 |
+-------+-------------------------------------------+--------+---------+--------+
| 3. | Grant / Refusal of Renewal of Consent / Expansion / Amendment | 120 | 60 | 30 |
+-------+-------------------------------------------+--------+---------+--------+
* From the date of receipt of the application complete in all respects.
# As categorized by CPCB from time to time.
3.3 The consent shall be granted or refused within the timeline specified as above.
3.4 In case, SPCB / PCC fails to grant or refuse the consent within the above timeline, the application will be presented to the State Level Monitoring Committee (SLMC) referred in para 5.2 below. This Committee shall dispose of the application within 30 days of such presentation, or the overall limit provided in the Air and Water Acts, whichever is earlier. The Member Secretary of the concerned SPCB / PCC will present the case before the Committee.
3.5 While deciding on such application, the committee will also look into causes of delay in grant / refusal of the consent by SPCB / PCC. If it is found that the reasons of delay are not justified, the Committee may recommend appropriate disciplinary action against the responsible officer(s) of the SPCB / PCC. The Committee may also recommend presenting the case for contravention of the Air / Water Act before concerned adjudicating officer under Section 48 (2) of the Water Act and Section 38 A (2) of the Air Act, as amended.
3.6 The decision of the Committee shall be binding on the concerned SPCB / PCC. The Committee will have at least one meeting in a month's period.
3.7 The above committee will also monitor the SPCBs / PCCs with regard to adherence of these guidelines and take appropriate action wherever required.
3.8 Any policies framed by SPCBs / PCCs regarding consent mechanisms will be subject to these guidelines.
4.0. Portal for implementation of these guidelines:
4.1. CPCB, in consultation with SPCBs / PCCs, develop an online portal for implementation of these guidelines, preferably within six (06) months, and not later than one (01) year from the date of this notification.
4.2 The portal will be exclusive interface between all the stakeholders and will be used for grant, refusal and withdrawal of CTE / CTO under the Water Act and Air Act, monitoring the process and by SLMC for disposal of cases presented before them.
4.3 The portal shall act as single point data repository with respect to management and implementation of these guidelines.
4.4 Unless otherwise provided, all the procedures and processes pertaining to CTE / CTO in respect of the Air and Water Act will be done through this portal only, in all the States / UTs. However, until the portal becomes operational, the alternative mode may be used for processing the applications for CTE / CTO.
5.0 Monitoring Committees:
5.1 There will be a Monitoring Committee at the National Level to oversee and monitor the implementation of these guidelines and remove any difficulties in this regard. The Committee will consist of following Members:
a) Joint/ Additional Secretary, CP Division, MoEFCC - Chairman
b) Member Secretary, CPCB - Member
c) Member Secretaries of any three (03)
SPCBs / PCCs by rotation for three (03)
years, nominated by MoEFCC - Member
5.2 There will also be a State Level Monitoring Committee to oversee the implementation of these guidelines and also to dispose of the matters presented to it under para 3.4 above. The committee will consist of following Members:
a) Secretary in-charge, Dept. of Environment of State / UT - Chairman
b) Member Secretary of concerned SPCB/PCC - Member
c) Regional Director, CPCB of the jurisdiction - Member
[F. No. F No. Q-15012/1/2022-CPW]
NARESH PAL GANGWAR, Addl. Secy.
Annexure I
MODEL TEMPLATE FOR COMMON CONSENT & AUTHORIZATION
Application for Common Consent and Authorization (CCA) for establishment of the industry operation process or any treatment disposal system for discharge or continuation of discharge under Section 25 or Section 26 of the Water (Prevention and Control of Pollution) Act, 1974; Consent for emission / continuation of emission under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Authorization under Hazardous And Other Wastes (Management And Transboundary Movement) Rules, 2016
From
To
The Member Secretary
State Pollution Control Board / Committee
Sir,
I / We hereby apply for ---------------------------------------------------------------------------------------------------------:
1. Consent / Renewal of Consent under Sections 25 and 26 of the Water (Prevention & Control of Pollution) Act, 1974 (Central Act 6 of 1974), as amended for establishing / operating or taking any steps for establishment / operation of industry / operation process, or ally treatment and disposal system to bring into use any new /altered outlet for discharge or continuation of discharge of sewage / trade effluent;
2. Consent / Renewal of Consent under Section 21 of Air (Prevention & Control of Pollution) Act, 1981, (Central Act 14 of 1981) and as amended for establishing /operating industry, operation or process, or treatment and emission or continuation of emission of air pollutants;
3. Grant / Renewal of Authorization under Section 6 (1) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and as amended, for generation or collection or storage or transport or reception or recycling or reuse or recovery or pre-processing or co-processing or utilization or treatment or disposal of hazardous and other wastes
from a land / premises owned by M/s. ___________________________________________________________ at location- ___________________________________________________________ as per the details given below:
TO BE FILLED IN BY THE APPLICANT
PART A: GENERAL
+-------+---------------------------------+-----------------------------------------------------------+
| S. No. | Required Details | : |
+=======+=================================+===========================================================+
| 1.0 | Project Details : | |
+-------+---------------------------------+-----------------------------------------------------------+
| 1.1 | Name of the Project / Industry / TSDF | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 1.2 | Project Proposal | : New / Expansion / Renewal / Validity Extension / Transfer |
+-------+---------------------------------+-----------------------------------------------------------+
| 1.3 | Details of Environment Clearance | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 1.4 | Address of the Site / Unit | : |
| | | Plot / Survey No | : |
| | | Village | : |
| | | Tehsil | : |
| | | District | : |
| | | State/UT | |
| | | Pin code | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.0 | Applicant / Occupier Details : | |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.1 | Name of the Applicant / Occupier | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.2 | Designation | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.3 | Nationality of the Occupier | |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.4 | Correspondence Address | : |
| | | Plot / Survey No/ Street Name | : |
| | | Village / Town / City | : |
| | | Tehsil/Taluk | : |
| | | District | : |
| | | State/UT | : |
| | | Pin code | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 2.5 | Contact Details of Plant Head with Alternate details | : |
| | | Name & Designation: | : |
| | | | 1. |
| | | | 2. |
| | | e-mail address | : |
| | | | 1. |
| | | | 2. |
| | | Landline Number | : |
| | | | 1. |
| | | | 2. |
| | | Mobile Number | : 1, |
+-------+---------------------------------+-----------------------------------------------------------+
| | | | 2. |
+-------+---------------------------------+-----------------------------------------------------------+
| 3.0 | Legal Status of the Company : | |
+-------+---------------------------------+-----------------------------------------------------------+
| 3.1 | Individual / Proprietary concern / Partnership firm/ Joint family concern / Private Limited Company / Public Limited Company / Foreign Company / Limited Liability Partnership. | : |
| | Note: Registration Number and Authority shall be mentioned. | |
+-------+---------------------------------+-----------------------------------------------------------+
| 3.2 | Central Govt. / State Govt./ Central PSU / State PSU / Joint Venture (Pvt. + Govt.), (Govt.+ Govt.), (Pvt.+ Pvt.) | |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.0 | Location of the Project / Industry / Activity : | |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.1 | Location | : Upload KML |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.2 | Bounded Latitudes (North) | : |
| | (8 digit after decimal) | From | : |
| | | To | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.3 | Bounded Longitudes (East) | : |
| | (8 digit after decimal) | From | : |
| | | To | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.4 | Located in Eco-Sensitive Zone of Protected Area, Coastal Regulation Zone, Biosphere, Reservoir, Forests, Mangroves, Rivers, Archeological monuments, Critically Polluted Area, Non-attainment Cities, Polluted River Stretch, Hill stations (altitude > 600 M), Major towns and Cities | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.4 | Survey of India Topo Sheet Number | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.5 | Land details (as per Panchayat, Tehsil, District) | : |
| | | Owned / Leased | : |
| | | Total Area in Ha | : |
| | | a) Non-Forest in Ha | : |
| | | b) Forest in Ha | : |
| | | Annual Lease Value, in case of Leased in Rs. | : |
| | | Build up Area in Sq. M. | : |
| | | Green Belt cover in % of total area | : |
+-------+---------------------------------+-----------------------------------------------------------+
| 4.6 | Extent of Land in Sq. m | : |
| | | Own-Agricultural | : |
| | | Industrial | : |
| | | Converted | : |
| | | Industrial Area | : |
| | | c) Applied and not allotted | : |
| | | d) Applied and allotted | : |
| | | e) Leased | : |
+-------+---------------------------------+-----------------------------------------------------------+
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.0 | Category & Classification of the Project / Industry / Activity : | | | |
+=======+==========================================+=====+=======================+=====+
| 5.1 | Category of Industry (Red, Orange, and Green) | : | Category | : |
| | | | Pollution Index | : |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.2 | Industrial Sector /Type | : | | |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.3 | Grossly Polluting / 17 Category / Others | : | | |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.4 | Scale of Industry based on Capital Investment (Micro/ Small / Medium / Large) | : | Total Capital Investment (Rs.) | : |
| | | | Scale / Classification | : |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.5 | Products / By-Products manufacturing capacity (TPD/TPA) | : | Products / By-products | : |
| | | | Capacity | |
| | | | | : |
| | | | | : |
| | | | | : |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.6 | Raw Materials / Chemicals Consumption for manufacturing capacity (TPD & TPA) | : | Raw Materials | : |
| | | | Consumption | : |
| | | | | : |
| | | | | : |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.7 | Brief manufacturing Process with process flow chart and Material Balance, Advantage of Technology, etc. | : To be Annexed | | |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.8 | Date / Expected date of commencement of production | : | | |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.9 | Number of people to be employed / employed | : | | |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.10 | Industry Shifts / Weekly off | : | Shits (I / II / III) & In Hours | : |
| | | | Weekly off in days | : |
+-------+------------------------------------------+-----+-----------------------+-----+
| 5.11 | Use of Hazardous Chemicals as per MSIHC Rules | : | S. No | Chemicals | HS Code | Storage capacity | Daily consumption |
| | | | 1. | | | | |
| | | | 2 | | | | |
| | | | 3. | | | | |
+-------+------------------------------------------+-----+-----------------------+-----+
PART B: WASTEWATER ASPECTS
6.0 Water Consumption and Wastewater Generation
+-----+----------------------------------+-----------------------------------------------------------------------------------------+
| 6.1 | Source of Water | : Ground Water / River / Industrial Estate Supply / Private Tanker / Sea / Recycled / Any other, if any |
+-----+----------------------------------+-----------------------------------------------------------------------------------------+
| 6.2 | Authority Granting permission & Quantity permitted | : Authority: |
| | | Quantity : |
+-----+----------------------------------+-----------------------------------------------------------------------------------------+
| 6.3 | Water Consumption (KLD) for manufacturing capacity | : |
+-----+----------------------------------+-----------------------------------------------------------------------------------------+
| 6.4 | Water Usage for manufacturing capacity. | : Purpose |
| | | KLD |
+-----+----------------------------------+-----------------------------------------------------------------------------------------+
+-------------------------------------------------------------+-------------------------------+-----+
| (Attach Water Balance showing quantity with TDS at different points) | Domestic | : |
| | Process | : |
| | Boiler | : |
| | Other Utilities (pl. specify) | : |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.5 Wastewater Generation (KLD) for the manufacturing process | : | KLD |
+-------------------------------------------------------------+-------------------------------+-----+
| Wastewater from various sources | : Purpose | : |
| | Domestic | : |
| | KLD | |
| | Process | : |
| | Boiler | : |
| | Other Utilities (pl. specify) | : |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.6 Wastewater Treatment systems | : | |
| | Type of Effluent | : |
| | KLD | Treatment System |
| | Bio-degradable | : |
| | Non- Biodegradable | : |
| | Boiler blowdown | : |
| | Others Utilities | : |
| | Any other | |
| | Total | : |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.7 Details Sewage Treatment Plant(s) | : S. No. | |
| | Capacity of STPs | : |
| | KLD | |
| | 1. | |
| | 2. | |
+-------------------------------------------------------------+-------------------------------+-----+
| Mode of disposal of treated effluent | | |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.8 Details Effluent Treatment Plant (s) | : S. No. | |
| | Capacity of ETPs | : |
| | KLD | |
| | 1. | |
| | 2. | |
+-------------------------------------------------------------+-------------------------------+-----+
| Mode of disposal of treated effluent | : | |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.9 Capacity of treated effluent sump, Guard Pond, if any | : | |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.10 Schematic diagram of the treatment scheme with inlet / outlet characteristics of each unit operation / process | : To be Annexed | |
+-------------------------------------------------------------+-------------------------------+-----+
| 6.11 Quality of Effluent before & after treatment (at the final outlets) in respect to pH, SS, TDS and constituting major ions, BOD/COD, Oil & Grease, and relevant metals and nutrients as per the process/ standards. | : To be Annexed. | |
| | (Attach analysis report of untreated and treated effluent from the EPA recognized Lab) | |
| | Note: For the proposed unit furnish the expected characteristics of the effluent | |
+-------------------------------------------------------------+-------------------------------+-----+
+------+----------------------------------------------------------+-----------------+
| 6.12 | Name of River / Creek, Estuary / Drain (owner of sewer) / Sea / Land / connected to CETP | : |
+------+----------------------------------------------------------+-----------------+
| 6.13 | Details of Solid Wastes separately for 'Hazardous' and 'Other' wastes covered under H&OW Rules, 2016 and other solid wastes not covered under H&OW Rules, 2016, including their management system | : To be Annexed |
+------+----------------------------------------------------------+-----------------+
| 6.14 | Details of treatment-performance and environmental-compliance monitoring and reporting system | : To be Annexed |
+------+----------------------------------------------------------+-----------------+
| 6.15 | Any relevant information not covered in the above items | : |
+------+----------------------------------------------------------+-----------------+
PART C: AIR EMISSION ASPECTS
(Information required in case of industrial establishments having chimneys)
7.0 Type of Fuels
7.1 Fuel Consumption per Hour and TPD for manufacturing capacity
+-------+------------+----------+--------+------+------+
| S. No | Fuel | Quantity | Ash% | S% | |
+=======+============+==========+========+======+======+
| 1. | Coal | | | | |
+-------+------------+----------+--------+------+------+
| 2 | Diesel | | | | |
+-------+------------+----------+--------+------+------+
| 3. | Furnace Oil| | | | |
+-------+------------+----------+--------+------+------+
| 4. | Natural Gas| | | | |
+-------+------------+----------+--------+------+------+
| 5. | Wood | | | | |
+-------+------------+----------+--------+------+------+
| 6. | Others, if any | | | | |
+-------+------------+----------+--------+------+------+
7.2 Details of Stack (Process, fuel, D.G):
a) Number of stacks and vents with height and dia (m)
b) Quality and quantity of stack emissions from each stack and vent
c) Major industrial processes / sources of fugitive emission
d) A Brief account of air pollution control units to deal with the emission
+-------+-------------+------+------------+--------------+------------+----------------+----------------------+
| Stack | Attached to | Fuel | Height (m) | Diameter (m) | Pollutants | Control system | Port Hole & Platform |
+=======+=============+======+============+==============+============+================+======================+
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
+-------+-------------+------+------------+--------------+------------+----------------+----------------------+
7.3 D.G. Sets
+-------+-------+-----------------+------------+
| S. No. | KVA | Acoustic status | Height (m) |
+=======+=======+=================+============+
| | | | |
+-------+-------+-----------------+------------+
7.4 Quality of source emission (before treatment/ control) and after treatment/controlled emission (at stacks/vents) in respect of PM, SO2,
NOx, and other relevant air pollutants as per the process/ standards
(Attach analysis reports of stack emissions from the EPA recognized Lab)
Note: For the proposed unit furnish the expected characteristics of the emissions
7.5 Odorous compounds, if any and, control measures provided
7.6 Details of treatment/control-performance and environmental-compliance monitoring and reporting system
7.7 Any relevant information not covered in the above items
PART D: HAZARDOUS WASTE ASPECTS
(Information required in case of industrial establishments generating Hazardous Waste)
8.0 Hazardous Waste Management
8.1 Process generating Hazardous waste
+-------+-----------------+---------------------+-----------------+
| S. No. | Process | Clause of Schedule I | Quantity/ Annum |
+=======+=================+=====================+=================+
| | | | |
| | | | |
+-------+-----------------+---------------------+-----------------+
8.2 Authorization required for
+-------+-----------------+-----------------+
| S. No. | Activity | : Please tick |
+=======+=================+=================+
| 1. | Generation | : |
+-------+-----------------+-----------------+
| 2. | Collection | : |
+-------+-----------------+-----------------+
| 3. | Storage | : |
+-------+-----------------+-----------------+
| 4. | Transportation | : |
+-------+-----------------+-----------------+
| 5. | Reception | : |
+-------+-----------------+-----------------+
| 6. | Reuse | : |
+-------+-----------------+-----------------+
| 7. | Recycling | : |
+-------+-----------------+-----------------+
| 8. | Recovery | : |
+-------+-----------------+-----------------+
| 9. | Pre-processing | : |
+-------+-----------------+-----------------+
| 10. | Co-processing | : |
+-------+-----------------+-----------------+
| 11. | Utilization | : |
+-------+-----------------+-----------------+
| 12. | Treatment | : |
+-------+-----------------+-----------------+
| 13. | Disposal | : |
+-------+-----------------+-----------------+
| 14. | Incineration | : |
+-------+-----------------+-----------------+
+-------+----------------------------------+-----+
| 8.3 | Technical Capabilities / Facilities | : |
| | | S. No. | Capabilities | : |
| | | 1. | Storage Area | : |
| | | 2. | Storage Quantity | : |
| | | 3. | Method of storage | : |
| | | 4. | Special handling requirement, if any | : |
| | | 5. | Emergency Response Procedure | : |
| | | 6. | Leachate treatment | : |
+-------+----------------------------------+-----+
| 8.4 | Nature (Characteristics of wastes) and quantity of waste | : |
| | | a) Handled per annum: | |
| | | b) Stored at any time: | |
+-------+----------------------------------+-----+
| 8.4 | Mode of Management / Disposal of above Wastes | : |
| | | S. No. | Disposal | : |
| | | | Please tick | |
| | | 1. | Secured storage within the industrial unit | : |
| | | 2. | Utilization within the plants (if not, please provide details of utilization) | : |
| | | 3. | Common TSDF | : |
| | | | Within the State | : |
| | | | Outside the State | : |
| | | 4. | Others | : |
+-------+----------------------------------+-----+
8.5 Arrangement for transportation of H.W. to actual users / TSDF
8.6 Details of the environmental safeguards and environmental facilities provided for safe handling of all the wastes at point (c) above;
8.7 Hazardous and other wastes generated as per these rules from the storage of hazardous chemicals as defined under the Manufacture, Storage, and Import of Hazardous Chemicals Rules, 1989.
8.8 For Treatment, storage and disposal facility (TSDF) operators :
1. Please provide details of the facility including:
a) Location of the site with a layout map
b) Safe storage of the waste and storage capacity
c) Treatment processes and their capacities
d) Secured landfills
e) Incineration, if any
f) Leachate collection and treatment system
g) Firefighting systems
h) Environmental management plan including monitoring and
i) Arrangement for transportation of waste from generators.
2. Please provide details of any other activities undertaken at the TSDF site:
Note:
1. In case of renewal of authorization previous authorization numbers and dates and provide copies of annual returns of the last three years including the compliance reports with respect to the conditions of Prior Environmental Clearance, wherever applicable.
2. Provide a copy of the Emergency Response Plan (ERP) which should address procedures for dealing with emergency situations (viz. Spillage or release or fire) as specified in the guidelines of CPCB. Such ERP shall comprise the following, but not limited to:
➢ Containing and controlling incidents so as to minimise the effects and to limit danger to the persons, environment and property;
➢ Implementing the measures necessary to protect persons and the environment;
➢ Description of the actions which should be taken to control the conditions at events and to limit their consequences, including a description of the safety equipment and resources available;
➢ Arrangements for training staff in the duties which they are expected to perform;
➢ Arrangements for informing concerned authorities and emergency services; and
➢ Arrangements for providing assistance with off-site mitigatory action.
3. Provide undertaking or declaration to comply with all provisions including the scope of submitting bank guarantee in the event of spillage, leakage, or fire while handling the hazardous and other waste
8.9 For Recyclers or pre-processors or co-processors or users of hazardous or other wastes :
a) Nature and quantity of different wastes received per annum from domestic sources or imported or both
b) Installed capacity as per registration issued by the District Industries Centre or any other authorized Government agency.
c) Provide details of secured storage of wastes including the storage capacity.
d) Process description including process flow sheet indicating equipment details, inputs and outputs (input wastes, chemicals, products, by-products, waste generated, emissions, waste water, etc.).
e) Provide details of end users of products or by-products.
f) Provide details of pollution control systems such as Effluent Treatment Plants, scrubbers, etc. including the mode of disposal of waste
g) Provide details of occupational health and safety measures:
h) Has the facility been set up as per Central Pollution Control Board guidelines? If yes, provide a report on the compliance with the guidelines.
i) Arrangements for transportation of waste to the facility:
8.10 Any relevant information not covered in the above items
PART E: PAYMENT DETAILS
9.0 Payment Details
9.1 Payment Mode : Online / Offline
+-----------------------------+-----------------+
| 9.2 Transaction Details in case of online | Transaction No: |
| | Date: |
| | Status: |
+-----------------------------+-----------------+
+-----+-----------------------------+-----------------+
| 9.3 | Draft details in case of offline | Amount (Rs): |
| | | Draft No: |
| | | In favour of: |
| | | Bank Name: |
| | | Date: |
+-----+-----------------------------+-----------------+
| 9.4 | Consent and Authorization Fee break-up | : |
| | | 1. Consent Fee under the Water Act: |
| | | 2. Consent Fee under the Air Act: |
| | | 3. Authorization Fee under HW Rules: |
+-----+-----------------------------+-----------------+
DECLARATION
a) I / We declare that the above furnished information is true and correct to the best of my / our knowledge. I/We am/are aware that furnishing any wrong information is punishable under Section 42(f) of the Water (Prevention & Control of Pollution) Act, 1974 and Section 38(f) of the Air (Prevention & Control of Pollution) Act, 1981.
b) I/ We hereby submit that in case of any change from what is stated in this application in respect of raw materials, products, processes of manufacture and treatment and/or disposal of effluent, emission, hazardous wastes, etc. in quality and quantity; a fresh application for Consent / Authorization shall be made and until the grant of fresh Consent / Authorization is granted, no change shall be made. I/ We am/are aware that the violations of Section 25 of the Water Act, Section 21 of the Air Act attracts penal provisions under the relevant provisions of the Water and Air Act.
c) I/ We herewith submit an affidavit on the basis of which consent for the establishment will be issued to me/us and I/ We will be held responsible under Section 45 (A) of Water Act and / or Section 39 of the Air Act for any misleading / wrong representation.
d) I/We undertake to furnish any other information within one month of its being called by the Board / Committee
Date:
Place:
Name & Signature of the Occupier/
Authorized Signatory
Enclosures: As above
Note: The section 6.11, 6.13, 6.14, 7.4, 7.5, 7.6, 8.2, 8.4, 8.5, 8.6, 8.7, 8.8, and 8.9 are not applicable in the case of Consent to Establish for the industry.
Annexure II
MODEL TEMPLATE FOR ENDORSEMENT FOR WHITE CATEGORY INDUSTRY
To
Subject: Request for issue of endorsement for grant of exemption from Consent Mechanism under Water Act, 1974 & Air Act 1981 - reg.
Ref.:
1. Directions issued by CPCB under Section 18(1) (b) of the Water Act & Air Act
2. SPCB/PCC Notification No________________________ dated ________________________ on re-categorization
3. Provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023
4. Your letter dated ________________________
Sir,
The ________________________ State Pollution Control Board (SPCB) / Pollution Control Committee (PCC) in receipt of your intimation / undertaking dated ________________________ for ________________________ activity for the issue of endorsement regarding exemption of your industry / activity from Consent mechanism under the Water (Prevention and Control of Pollution) Act, 1974 and the Air ((Prevention and Control of Pollution) Act, 1981.
The documents, undertaking and affidavit, and the production process flow sheet submitted by you have been examined and noted that you are engaged / propose to engage in the production of ________________________ and as such your activity proposed / followed has been categorized under the White Category and exempted from the purview of consent.
In view of the facts stated above, M/s ________________________ located ________________________ is not required to apply for and obtain CTE/CTO of the Board / Committee under the provisions of the Water Act and the Air Act, as long as there is no change in the activity proposed / prevailing activity being indicated above.
Date:
Place:
(Authorized Signatory)
Note: This endorsement is subject to random verification by CPCB/SPCB/PCC
Appendix
UNIFORM CONSENT FEE MECHANISM
a) Capital Investment Slabs:
The Capital Investment is considered for the estimation of the consent fee; accordingly, the suggested slabs are as follows:
a) Rs. 1 Crore and below
b) Exceeding Rs. 1 Crore but not exceeding Rs.10 Crore
c) Exceeding Rs. 10 Crore but not exceeding Rs.50 Crore
d) Exceeding Rs. 50 Crore but not exceeding Rs.250 Crore
e) Exceeding Rs. 250 Crore but not exceeding Rs.500 Crore
f) Exceeding Rs. 500 Crore but not exceeding Rs.1000 Crore
g) Exceeding Rs. 1000 Crore
b) Categorization of industry:
The industries are categorised Red, Orange, Green, and White based on the Pollution Index (PI) of any industrial sector is a number from 0 to 100 to ensure that the industry is established in a manner which is consistent with the environmental objectives. Accordingly, the categorization based on PI as follows:
Categorization of Industry
+-------+------------------+-----------------------+
| S. No. | Categorization | Pollution Index |
+=======+==================+=======================+
| 1 | Red | Score of 60 and above |
+-------+------------------+-----------------------+
| 2 | Orange | Score of 41 to 59 |
+-------+------------------+-----------------------+
| 3 | Green | Score of 21 to 40 |
+-------+------------------+-----------------------+
| 4 | White | Score including & up to 20 |
+-------+------------------+-----------------------+
The consent shall be issued to the Red, Orange, and Green categories of industries only. The consent fee collection for Red, Orange and Green Category Industries for a period of 5, 10 & 15 years respectively, as recommended in the document of classification of the industrial sectors by CРСВ.
c) Consent Fee for Industrial Sectors:
The consent fee is estimated based on capital investment and categorization of industry only. Accordingly, the formula to estimate the Annual Consent Fee (CF) for the industry is:
CF = CI * SF * PIF
Where
• CF : Annual Consent Fee (in Rs. / Annum)
• CI : Capital Investment (in Rs.)
• SF : Scale Factor (based on CI)
• PIF : Pollution Index Factor (based on Category)
The Scale Factor (SF) according to capital investment slabs are:
Capital Investment
+------------------------------------------+-----------+
| Capital Investment | Factor (SF) |
+==========================================+===========+
| Rs. 1 Crore and below | 0.100% |
+------------------------------------------+-----------+
| Exceeding Rs. 1 Crore but not exceeding Rs.10 Crores | 0.080% |
+------------------------------------------+-----------+
| Exceeding Rs. 10 Crores but not exceeding Rs.50 Crores | 0.060% |
+------------------------------------------+-----------+
| Exceeding Rs. 50 Crores but not exceeding Rs.250 Crores | 0.040% |
+------------------------------------------+-----------+
| Exceeding Rs. 250 Crores but not exceeding Rs.500 Crores | 0.030% |
+------------------------------------------+-----------+
| Exceeding Rs. 500 Crores but not exceeding Rs.1000 Crores | 0.020% |
+------------------------------------------+-----------+
| Exceeding Rs. 1000 Crores | 0.010% |
+------------------------------------------+-----------+
The Pollution Index Factor (PIF) are:
+-------------------+-------------+
| Category of Industry | Factor (PIF) |
+===================+=============+
| Green | 1.00 |
+-------------------+-------------+
| Orange | 1.50 |
+-------------------+-------------+
| Red | 2.00 |
+-------------------+-------------+
Further, it is recommended to keep the maximum fee of the preceding slab as the basic fee of the next slab and the SF will be applicable on the difference amount. The same is shown below:
Consent Fee (CF): Max. fees of the preceding slab + {( Diff. of CI )* SF*PIF}
Also recommended to keep a minimum consent fee on each slab of capital investment in the respective sector, as the Scale Factor reduces on higher investment. Accordingly, the minimum consent fee i.e. the basic fee as Rs. 5,000 per annum and the PIF factor will be applicable on above according to the category of industrial sector. (Green :1, Orange: 1.5 and Red: 2).
d) Consent Fee for Local Bodies and Infrastructure projects (Residential and others):
The CTE fee for Infrastructure Projects covered under EIA viz. Residential (Standalone Apartment / complexes), Layouts, Integrated projects, Commercial Complex, Office Complex, Education Institutions, Township and Local Body including Water Supply and Sewerage Board shall be charged on the basis of capital investment during the establishment phase as per the formula adopted for the industrial sector.
Subsequently, the Consent fee for CTO shall be based on the quantity of sewage generated and treated by installing Sewage Treatment Plant (STP). Accordingly, the recommended fee for CTO is as follows:
Consent Fee /Annum based on STP capacity
+-------+--------------------------+------------------------------+-------------------------+
| S. No. | Sewage generated & treated | Local Bodies & Residential (Rs.) | Other than Residential (Rs.) |
+=======+==========================+==============================+=========================+
| 1 | Up to 10 KLD | 5,000 | 7,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 2 | Above 10- 50 KLD | 15,000 | 22,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 3 | Above 50-100 KLD | 25,000 | 37,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 4 | Above 100 – 300 KLD | 35,000 | 52,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 5 | Above 300 - 500 KLD | 55,000 | 82,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 6 | Above 500 – 1 MLD | 65,000 | 97,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 6 | Above 1 to 5 MLD | 75,000 | 1,12,500 |
+-------+--------------------------+------------------------------+-------------------------+
| 7 | Above 5 to 10 MLD | 1,00,000 | 15,00,00 |
+-------+--------------------------+------------------------------+-------------------------+
| 8 | Above 10 MLD to 25 MLD | 2,00,000 | 30,00,00 |
+-------+--------------------------+------------------------------+-------------------------+
| 9 | Above 25 MLD | 4,00,000 | 60,00,00 |
+-------+--------------------------+------------------------------+-------------------------+
e) Consent Fee for Mining Projects:
The Annual Consent Fee for Mining Activity is estimated based on the Consented Capacity of mineral to be mined, Type of Mineral, Mining Area, and Type of Mining. Accordingly, the formula to estimate the Annual Consent Fee (CF) is:
CF = CC * MF * AF * TMF
Where,
• CF: Annual Consent fee (in Rs. / Annum)
• CC: Consented Capacity of Mineral (in Tonne / Annum)
• MF: Mineral Factor (based on type of Mineral)
• AF: Mineral Area Factor (in Rs. based on Mining area)
• TMF: Type of Mining Factor (based on type of mining)
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
| S. No | Minerals | MF (Rs) | Lease hold area in Ha | AF | Type of Mining | TMF |
+=======+==========================================+==========+======================+=====+==============+=======+
| 1 | Manganese, Chromite, Steatite, Barites, Mica, Gold, Uranium, Silver, Copper, Lead, Zinc | 1 | <5 | 1 | Open Cast | 1.25 |
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
| 2 | Iron, Bauxite, Coal | 0.8 | 5-25 | 1.2 | | |
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
| 3 | Dolomite, Limestone, Gypsum, Feldspar, Garnet, Quartz, Silica State Stone, Bentonite, Pyropylite, Graphite, Phosphorite, Clays China, White, Fire and Ball | 0.6 | 25-100 | 1.4 | Under Ground | 1 |
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
| 4 | Other minerals such as stone quarry, Granite, Marble, River Sand / River bed material etc. | 0.4 | 100-500 | 1.6 | | |
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
| | | | > 500 | 1.7 | | |
+-------+------------------------------------------+----------+----------------------+-----+--------------+-------+
Also recommended to keep a minimum consent fee i.e. the basic fee as Rs. 5,000 per annum.
f) Consent Fee for Coffee Pulping activities:
The Annual Consent Fee for Coffee Pulping, it is suggested to keep only basic fee and Pulping Factor for Wet & Dry Pulping irrespective of capacity of operation, as it is a seasonal production. Accordingly, the formula to estimate the Annual Consent Fee (CF) for the Pulping Industry is:
CF = BF * PF
Where,
• CF: Annual Consent fee (in Rs. / Annum)
• BF: Basic Fee (in Rs.)
• PF: Pulping Factor (based on type of pulping)
Accordingly, the factors are as follows:
• Basic Fee (BF): Rs. 2,500 per Annum
• Pulping Factor (PF):
+-------+----------------+------+
| S. No. | Type of Pulping | PF |
+=======+================+======+
| 1 | Wet Pulping | 1.25 |
+-------+----------------+------+
| 2 | Dry Pulping | 1.00 |
+-------+----------------+------+
g) Consent Fee for Aqua Culture activities:
The Annual Consent Fee for Aqua Culture based on Lease Hold Area and the consent fee per annum is:
+-------+-------------------+-------------------------+
| S. No. | Lease Hold Area | Consent Fee (Rs.) /Annum |
+=======+===================+=========================+
| 1 | Up to 5 Ha | Nil |
+-------+-------------------+-------------------------+
| 2 | Between 5 to 25 Ha | Rs. 5,000 |
+-------+-------------------+-------------------------+
| 3 | Between 25 to 100 Ha | Rs. 25,000 |
+-------+-------------------+-------------------------+
| 4 | More than 100 Ha | Rs. 1,00,000 |
+-------+-------------------+-------------------------+
h) Consent Fee for establishment having DG as the only source:
The activity / establishment having Diesel Generator (DG) set as the only source of air pollution, the consent fee under Air Act is:
+-------+---------------------+-------------------------------+
| S. No. | Rating of D.G. Set | Consent Fee (Rs) / D.G. Set / Annum |
+=======+=====================+===============================+
| 1 | ≤ 250 KVA | Nil |
+-------+---------------------+-------------------------------+
| 2 | 250 KVA to ≤ 500 KVA | Rs.1000 |
+-------+---------------------+-------------------------------+
| 3 | 500 KVA to ≤1MVA | Rs.2000 |
+-------+---------------------+-------------------------------+
| 4 | > 1 MVA | Rs.5000 |
+-------+---------------------+-------------------------------+
i) Rebate and Late fee for Renewal of Consent:
The industry shall be provided 5% rebate on consent fee for submitting consent renewal application within the stipulated time of 120 days under the Water & the Air Act. Further, it is recommended to impose late fee / closure directions respectively for late submission and expiry of consent. In view of this, it is recommended to impose the following late fee, to avoid last minute submission of a consent renewal application by Industries and also to be more watchful by the industry.
Period of applying for Renewal
+------------------------------------------+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| Period of applying for Renewal | Additional Fee as Late fee |
+==========================================+==================================================================================================================================================================================+
| Before 120 days of expiry of consent | Minus (-) 5% |
+------------------------------------------+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| Between 120 – 45 days of expiry of consent | 25% |
+------------------------------------------+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| Between 45 days to till the date of expiry | 50% |
+------------------------------------------+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| After expiry date of consent | Closure Notice for disconnection of power supply and subsequent application for renewal shall be treated as new application with 100% extra consent fee for one year. |
+------------------------------------------+----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
j) Incentives to the Industry:
The industries adopting Environmental Conservative measures to reduce water, air and land pollutions, conservation of natural resources (resource consumption per unit production) and voluntary initiatives without SPCBs / PCCs directions / involvement to protect the environment using best technologies, cleaner technology, achieving below the National / Location specific standards shall be identified and incentives may be given in the form of a Green award, Cash award accordingly.
k) Revision of consent fee:
Consent fees are not revised by the SPCBs / PCCs by many years resulting in revenue loss. In view of this, it is proposed to revise the consent fee based on an Annual Growth Rate arrived with reference to Wholesale Price Index (WPI) / Consumer Price Index (CPI) / RBI Target Inflation issued periodically by Government of India once in every five years by applying formula as below:
Revised Consent Fee= Existing Consent Fee * (1 + % increase in fee)
Considering all above aspects, it is recommended to increase consent fee by 20% once in every five years by SPCB/PCC.
l) Authorization under various Rules of EPA:
The activities which are not covered under the Water & Air Acts, but required to obtain authorization under various Rules notified under Environment (Protection) Act, 1986, SPCBs/PCCs may consider to issue authorization for 5 years and recommend charging Rs. 10,000 as an “Administrative Charge" for issuing Authorization. The same may be notified by the State to collect the same as there is no provision under Rules notified under EPA.
The SPCB/PCC may issue consolidated consents (Water & Air) along with Authorization as required under various Rules notified under the Environmental (Protection) Act, 1986. Also, recommends adding a factor of 1.1 to the estimated consent fee where authorization is required to be issued along with CTO.
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