What is Haryana state pollution control board (HSPCB)?

HSPCB is an authority which regulates and implements various pollution related laws in the state of Haryana. It is a body which is entrusted with controlling, regulating and overseeing the pollution caused by industries and companies in the state. It is tasked with the function to prevent, abatement and control of pollution in the state. It also advises the Haryana government in matters related to environment and abatement of pollution. It grants authorization under Hazardous waste, Bio medical waste, Noise pollution and consent of air and water emissions. It implements provisions of Noise pollution, Hazardous chemical rules, Plastic recycling. It is also concerned with advising the government in establishing and choosing location of industry or industrial hub.

What is important regulations legislation with regard to environment, and what are the legislations which are regulated by pollution control board?

The basis for the formulation of environment laws in India is the development of jurisprudence from certain judgments in the recent past which have inter-linked Article. 21 that is Right to life with right to live in an environment which is free from pollution. Even the constitution has provided in Directive principle of state policy that it will be the duty of the state to protect its citizens from pollution and to improve the environment and safeguard wildlife and forests.

Some important legislation which are governed by the pollution control board –

• The air prevention and control of pollution act.
• The environment protection act, 1986.
• The public liability insurance act.
• The water prevention and control of pollution act, 1974.
• Hazardous waste (management, handling and transboundary movement rules), 2016.
• Bio medical, Municipal waste, Plastic waste management rules.
• E waste management and handling rules, 2016.

How are industries categorized by the pollution board?

The HSPCB by its wide order date 30.08.2012 has categorized various types of industries into Red, Orange and Green industries. The categorization is done in the following way –

Red – It consists of such industries which are highly polluting. The list includes eight six (86) industries which have been categorized as highly polluting. Some important industries which are in this list are – Cement, Iron and Steel, Sugar, Airports and Commercial strips, Hotels 5 star and above, Coal making, Firecracker.

Orange –The list includes industries which are medium polluting like Ayurvedic and homeopathic medicine, Baker and Confectionary, Foam making, Building and Construction projects more than 20,00 sq meter, Food and Vegetable processing, Hotels less than 3 star. There a total of 88 industries in this list.

Green – Industries which are less polluting are in this list. The list includes 80 industries. The pollution board has exempted this category from obtaining consent but nevertheless they are still required to adhere to pollution control measure.

What is the meaning of the term investment in relation to environment laws?

It means the money or capital which is put by a company or individual on capital works like equipment’s, land or machinery. It is calculated without subtracting depreciation on assets.

What do you mean by consent granted by pollution board vis-à-vis discharge of liquid effluent or air pollution by a discharge (CTE)?

The state has established pollution control board with the objective to regulate pollution discharge by industry and also give permission to industries to discharge pollutants in air and water. Consent issued by the board to discharge liquid waste into sewer is provided under section 25/26 of Water prevention and control of pollution act. And consent to emit pollution in the air is provided under section 21 of Air prevention and control of pollution act.

No industry can emit or discharge air or water pollution without the prior consent from the pollution control board. And moreover no person can even set up an industry or start an operation/process without the consent of the pollution board.

Consent from the board can be obtained by fulfilling the required conditions and submitting the required fee.

How to get consent for establishing an industry?

• A new industry first has to identifying which category does that industry falls in red, orange or green and fill the annexure accordingly
• The industry falling under Annexure four are exempted from obtaining consent.
• The new units requiring consent to establish can apply through an online portal launched by the state government that is investharyana.in and can apply by fulfilling the conditions and submitting the necessary documents.
• Scrutinisation of the form is done by the nodal officer and if the application is complete the CTE is given. And if it is incomplete a show cause notice is issued within 15 days of refusal of CTE
• Reply filled in response to the show cause notice is scrutinized by the field officer of that district.
• If all documents are complete the CTE has to be issued within30 days and after refusal the conditions are full filed then CTE has to be issued within 60 days.

What is the validity of CTE if so granted?

Validity of CTE depends on two conditions

• CTE granted for a project where environment clearance is required is valid for 7 years.
• CTE granted for a project which do not require environment clearance is valid for 5 years.

Renewal and extension of CTE

The company or firm who wants to renew its CTE can apply online on investharyana.inat least90 days before the consent expires. The timeline and process for renewal of CTE will be same as when it was applied for the first time. CTE is renewed only once and that too for a period of two years.

Procedure for obtaining a Consent Certificate, NOC or License with LawyerINC

• Connect with our team
• Submit necessary documents
• Assignment of experts to your case
• Consultation by experts and completion of procedure
• Drafting and Filing of Application with Pollution Board
• Delivery of the Consent Certificate/CTE/CTO

Where can an order or action taken by the board can be challenged?

Any aggrieved party which is not satisfied with the order of pollution control board can appeal against such order with the National Green Tribunal. The tribunal was founded on 18.10.2010 with the objective to provide speedy justice in matters pertaining to environment laws. The tribunal even has experts in the field of environment for better adjudication of matters related to environment. All major laws pertaining to environment are adjudicated by NGT. For example

• Environment protection act, 1986
• Air and water prevention and control of pollution act
• The public liability Insurance act.

To name a few acts and legislation adjudicated by NGT.

Limitation period for filling a suit or complaint with National green tribunal is five years from the date cause of action has arisen. National green tribunal has power to impose both fine and penalty if its order is not complied or there is a violation on the part of a company with regard to any environment law which is adjudicated by it.

The punishment is up to three years and penalty is up to 10 croresand if it is a firm or company then penalty is up to 25 crores. Moreover Directors and Managers of a company or a firm can also be punished and penalized for acts of the company if it comes to the knowledge of the tribunal that the said act is done on the instruction or is in his knowledge then punishment and penalty can be imposed on them also.