Punjab Pollution Control Board

The Punjab pollution control board was formed in the year 1975 vide notification no. 6186-BR-11 (4) 75/24146 by the government of Punjab. The board was formed after the enactment of Water Prevention and Control of Pollution Act to preserve and improve the quality of water. Subsequently, with the validation of other environment laws by the central and the state government, additional responsibilities were handed over to the board in relation to their implementation in the state.

The foremost objective of the pollution board is to implement environment-related laws and abating pollution whether it is in the form of water, air, hazardous waste, e-waste, biomedical substances, noise pollution and plastic waste in the state. The board advises the state government with steps that are to be taken to abate and minimize pollution in the state and form policies for the regulation of industrial pollution. The board has the power to issue show cause notice to the defaulting industries. And can even issue closure orders of such defaulting industries. In most case fines are imposed on such defaulting industries.

Some major environmental laws which are implemented by the pollution board are –

• The water prevention and control of pollution act
• The water cess act, 1977
• The air prevention and control of pollution act
• The hazardous waste rules, 1989
• Recycled plastic rules, 1998>
• Municipal solid waste rules, 2000
• Noise pollution act

The board is tasked to tackle and control pollution at the source of its discharge. The board minimizes pollution by giving consent to establish (NOC) to new industries and also renews the same. Consent to establish is granted by considering the residential areas near the project. The board also advises the state government with the setting of industrial zones and even gives suggestion in relation to the relocation of already established industries. It ensures that natural waters are not polluted. It even creates awareness among general public and industries with regard to environment pollution.

What is consent to establish (NOC)?

The board has framed rules, guideline, and policies with regard to consent to be obtained before an industry is established. It has streamlined the procedure to grant statutory clearances vis-à-vis environment laws so that entrepreneurs can set up industries in Punjab in an easy and hassle-free way.

Categorization of industries –

The board has categorized industries into three categories-

• Red – Highly polluting industries
• Amber/orange – Medium polluting industries
• Green – Less polluting industries
• White – Very less polluting industries, they are exempted from taking consent.

In case industry is not included in any of the above-mentioned categories, then a committee of Senior environment engineer, Environment engineer, and Scientific officer will collectively decide the category the left out the industry will fall in.

What are general guidelines for obtaining consent to establish certificate?

• A new industry falling in Red, Orange, Green, or White shall not be allowed to establish within the approved residential area.
• No industry falling in Red category shall be allowed to establish within the limits of Municipal Corporation except if the area has been designated as Industrial zone by the state.
• A new industry has to establish 100 meters away from the residential area comprising 15 pucca houses, city or town, Municipal Corporation or village.
• Consent to establish can only be obtained if the industry is 500 meters away from eco-sensitive zones.

What documents are required for applying consent to establish (NOC) in a fresh application?

• Site plan along with the specific location of the industry.
• Copy of MOU of company, partnership deed if it is a partnership firm.
• Documents related to land such as registration deed, jamabandi, and rent/lease deed.
• Allotment letter by the authority if the project is located in an industrial zone or focal point.
• For industries located in a designated industrial zone, an undertaking by the industry applying that it has obtained permission to establish in the designated industrial zone from an appropriate government department.
• A copy of industry-specific guidelines or certificate applicable to the specific industry.
• Project report along with complete production flow chart.

How to renew or extend consent to establish permission?

Criteria have been divided in –

1. Red and Orange category –

• Compliance report of consent condition granted earlier.
• Report of emissions and effluents given by the government approved lab.
• Certificate issued by the CA of the un-depreciated fixed assets at the end of the financial year.

2. Green category-

• Compliance report of previous consent to establish granted by the board.
• CA’s certificate of un-depreciated fixed assets at the end of the financial year.

Who will issue the clearance certificate and notice if the industry is a defaulting industry?

Clearance certificate –

Clearance certificate granted by the board will not be a prerequisite for obtaining electricity connection by the industry.

The industries are further divided into large/medium and small industries –

• Small scale industry is given clearance by Environment engineer under the green category, and under red and orange category it is given by Senior environmental engineer.
• Large industry falling under red category having a project cost of 15 crore and above are granted by the Chief environment engineer.

Notice if in contravention of any environment law –

• Notice under water and air pollution act will be issued with prior approval of the Chairman of the board.
• Notice under Environment protection act will also be issued with prior approval of Chairman of the board.

What is the time period for issuance of Consent to establish by the board?

• The time period to get Consent to establish for the green category is 15 days, and for red and green category it is 21 days from the date of applying and provided all documents are complete and correct.
• Clearance certificate and consent to operate for green category is 15 days, and for red category, it is 30 days if all documents are complete and correct.

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

Miscellaneous

• At the time of granting consent to operate, the regional office of the board shall mark and specify the authorized outlet of emitting pollution both air and water, the officer marking the outlet shall also be visiting and inspection officer of that industry.
• CCTV camera shall be installed form monitoring online surveillance of pollution of highly polluting big industries.
• Pollution control board shall take pictures of pollution emitting from the industries, and that record shall be kept for a minimum one month. And these pictures can be used as evidence against defaulting industries.