KARNATAKA STATE POLLUTION CONTROL BOARD

The Government of Karnataka constituted Karnataka State Pollution Control Board on 21.09.1974 for the prevention, control, and abetment of water pollution in pursuance of the Water Prevention and Control of Pollution Act, 1974. It provided for the prevention and control of water pollution. But after the enactment of Air Prevention and control of pollution Act 1981, the Board was renamed as the Karnataka State Pollution Control Board in the year 1985. Initially, the Board was mandated to implement the Water Act, but subsequently, it was empowered to implement other Acts pertaining to the environment. The Board was established as a single board where permissions with regard to the environment could be obtained, and the Board has the power to implement these acts by conducting inspections and passing orders. Some of the acts are:-

• The Water (Prevention and Control of Pollution) act
• The Water (Prevention and Control of Pollution) Cess rules
• Provisions of Environment Protection Act, 1986
• Air Prevention and Control of Pollution act

Objectives of the Pollution Board

The main objective of the Board is to safeguard the natural environment and to improve the environment, whether air, water, or land. Further it aims at establishing a state wide programme so as to protect and restore the quality of environment in the state of Karnataka by establishing uniform and workable environmental standards that can be implemented and adopted by industries so that inconsistency and ambiguity in relation to environment laws and permissions to be taken in relation to them are removed. The Board has to monitor Air and Water pollution level in the state, and it also has to keep a record of the same.

In order to discharge its functions effectively, the Board has established 44 Regional offices spread across the state. Head office of the Board is in Bengaluru. The responsibility of forming general policies and guidelines with respect to pollution control Acts, rules and general administration lies with central office of the Board.

Procedure for obtaining Authorization/Consent

• If any person wants to establish an industrial plant or process which is likely to discharge harmful chemicals, effluents, it is the mandatory requirement of the Board that person has to obtain prior approval of the Board.
• Further, if any person is establishing any industrial plant, which is likely to discharge effluents and harmful chemicals in excess of permissible limit laid by the Board, the industry has to obtain prior consent (NOC) of the Board.
• Before issuing the authorization/consent to establish, the Board has to satisfy itself that the industry possesses the necessary facility to handle and treat waste discharged by such the industrial unit.

In order to obtain the consent of the Board, the concerned person is required to submit an application in a prescribed form along with relevant documents to the Board and the occupier is also required to obtain prior consent from the Board for handling hazardous wastes, manufacture plastic carry bags as provided under various rules prescribed under the Environment (Protection) Act 1986. The forms with regard to prior consent are available online on the Karnataka pollution board website, and it is also available at the regional office.

Categorization of Industries

For the purpose of consent to establish (NOC), the industries/organizations have been categorized as following:

• Red category
• Orange category
• Green category
• White category

The duration of the authorization granted to an industry depends upon the category it falls in. Authorization of Industry falling under Red and orange category is valid for a period of five years, whereas the authorization of the industry falling under green category is valid for a period of ten years. The red and orange category is of industries which are more polluting thus are required to fulfill additional conditions like having STP plant, online monitoring of pollution, submitting yearly pollution data to the Board and etc. However, Industries falling under White category are not required to obtain authorization before establishing, for the reason that they are not heavy polluting industries and thus are outside the preview of the consent mechanism. There are total 57 industries which falls under this category. The Board has mandated all the industries except those industries which fall under white category to obtain consent before starting any industry.

Services offered by LawyerINC

White Category

• Document Collection and processing of documents
• Online Application Submission
• Follow up with KSPCB
• Delivery of document

Green Category

• Document Collection and Processing of documents
• Online offline Application Submission
• Follow ups
• Monitoring Reports (Air/Water/Noise) Govt. Fee Submission
• Delivery of CTE/CTO Green

Orange Category

• Document Collection and Processing of documents
• Online  Offline Application Submission
• Follow up with KSPCB
• Monitoring Reports (Air/Water/Noise)
• Govt. Fee Submission
• Delivery of CTE/CTO Orange

Red Category

• Document Collection and Processing  of documents
• Online  Offline Application Submission
• Follow up
• Monitoring Reports (Air/Water/Noise)
• Govt. Fee Submission
• Delivery of CTE/CTO Red

Functions of Board

The Board in order to carry out the purposes, for which the Environment Acts came into force, it performs some important functions.

• It plans and implements state wide comprehensive programme for the prevention, control, and abatement of pollution and forms guidelines for proper execution of the programmes.
• It encourages, conducts, and participates in studies and research relating to pollution.
• It can conduct an inspection of any industry and pass closure orders or can punish defaulting industries with monetary fine.
• Further, it evolves economical and reliable methods for the treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climatic conditions, and water resources so that suitable trade effluents can be utilized in agriculture. Evolution of Effective methods for disposal of sewage and trade effluents on land.
• Board may require any person or industry concerned to construct new systems for the proper disposal of sewage and other effluents discharged by the industrial unit.
• Permissible limits for the discharge of effluents are set by the Board, and it also sets standards for discharge of effluents and permissible limits of discharge of effluents.
• Board may conduct inspection of any equipment, industrial plant or manufacturing process for the treatment of sewage and effluents and it may also issue directions to the occupier to take necessary steps for prevention, control, and abatement of pollution. It may also inspect Air pollution control areas so as to assess the quality of air.

Inspection by the Board

Under the provision of Environment (Protection) Act 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and control of pollution) Act 1981, Board can inspect an industrial unit for the purpose of satisfying itself regarding emission of the industrial waste including sewage, trade effluents, chemicals, etc and for their treatment. Further, it may also issue directions to the occupier of the industrial unit, which are necessary for the purpose of prevention, control, and abatement of pollution in any form. In case, any violation of the rules as envisaged in the act, the Board can initiate appropriate action against the concerned occupier. The Board can also file criminal case against the erring industries for non-compliance of the Environment Laws and Rules.

Procedure for obtaining a Pollution Control Consent, 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 appeal be filed if there is a grievance against an action taken or order passed by Karnataka pollution control board?

An order passed by Karnataka Pollution Control Board can be appealed before National green tribunal. The tribunal is based in New Delhi. NGT has been set up to quickly and effectively disposes of cases with regard to environment laws. If a person or industry is aggrieved by the order passed by the pollution control board, then that order can be challenged before the National green tribunal. The limitation period to file a suit in the tribunal is five years (5) from the date cause of action has arisen.