Telangana pollution control board

Telangana state pollution control board is a statutory authority tasked with the implementation of environment laws, rules, guidelines and judicial pronouncement within the state of Telangana. After the bifurcation of Telangana from Andhra Pradesh, a new pollution board was reconstituted in the year 2014. The board has its head office in Hyderabad and has 8 other regional offices. The board has its central laboratory situated in Hyderabad and two other zonal labs that are in Warangal and Ramachandrapuram. The laboratories are entrusted with monitoring air and water pollution level in the state. The samples collected from industries are sent to laboratories to determine the pollution emanating from that industry.

The major acts implemented by the board are –

• Water and Air prevention and control of pollution act.
• Environment protection act.
• The hazardous chemical rules.
• Solid waste and plastic waste management rules.
• E-waste management rules.
• Biomedical waste management rules.

The function of the board

• To plan and implement a comprehensive programme to control and minimize pollution in the state, both gaseous and liquid.
• To advise state government with the formation of rules, guidelines and location of industries.
• To conduct research and develop methods of controlling pollution and passing such techniques to the industries so that industries can minimize their pollution.
• To collect pollution data through its laboratories and disseminate the same.
• To inspect industries and collect information from their sewage and effluent treatment plant and send such samples to laboratories to check whether waste discharge standards are being complied with by the industries.
• To make, modify and update effluent standards which have to be complied with by the industries.
• To evolve techniques and methods of treating liquid waste discharged by industries so that it can be used for agricultural purposes.
• To check and pass orders with regard to the disposal of liquid waste in streams and rivers and to evolve programmes for cleaning rivers.
• To co-ordinate with central government pollution board for the training of personnel, making effluent standard, evolving consent standards and making rules and guidelines pertaining to environment and pollution.
• To perform such other function prescribed by the state government.

What action can the pollution board take against defaulting industries?

The board regularly collects samples from industries. If the board after inspection finds that there is non-compliance by the industry, then a show cause notice is issued to such industry. Even ordinary citizen affected by pollution of the industry can approach the board and file their complaints with the board.

Once a show cause notice issued, then the management of the industry is asked to appear before a task force committee of the board and file its reply. And if the violation is established, then the action is taken against the industry by the committee of the board tasked with taking action against defaulting industries. If the correction is minor and can be corrected easily, then that industry is ordered to take corrective measure. If it is felt that the industry needs to stop its operations immediately, then that industry is ordered to stop production, and even electricity to such industry can be disconnected.

Any industry aggrieved by the order of pollution board can approach National Green Tribunal (NGT) against the order of the board.

Categorization of industries

The industries have been categorized into 4 categories depending on the pollution they create according to the guidelines of the central government –

• Red – Highly polluting industries
• Orange – Medium polluting industries
• Green – Less polluting industries
• White – Very less polluting industries

Industries falling in the white category are not required to take consent they just have to send a letter to the board notifying their establishment or operation.

What are the guidelines to obtain Consent to Establish?

• If industries are not covered by the Environment clearance notification of the central government, then such industries can directly apply to the Telangana pollution board and giving a self-certification that they are not covered by such notification.
• The application for establishment can be submitted online on the web portal of the board.
• Any objection or deficiency shall be communicated to the applicant by the scrutinizing officer.
• The concerned regional office after receiving an application, inspects the site and makes a report of pollution that will be created by such industry.
• The approval is given by the regional office as per the delegation of powers, but in certain cases like the industries falling in the red category, the report made by the regional office is sent to the zonal office or the head office.
• Industries covered by the notification central government, first have to take permission from the Ministry of Environment/Central government. A public hearing is called by the board, and then a decision is taken by the board.
• Industries of small scale except 66 industries are exempted from taking consent to establish.

List of documents to be submitted along with the application –

• Site plan/layout plan of the industry giving complete details of instalment.
• Flow chart of production and manufacturing and also describing the method of production.
• Flow chart of waste disposal, both air and water.
• Consent fee, consent fee can be calculated on the web portal of the board.
• Environment clearance permission from the Ministry of environment.

Timeline for issue of order or permission

The timeline to issue orders and permission for consent is as follows provided all documents and application form are complete –

• Red – 21 days
• >Orange – 14 days
• Green – 7 days

If the application is rejected, then it is uploaded on the web portal of the board along with reasons of rejection.

Validity of Consent to establish certificate –

The validity of consent to establish is 5 years. But if the industry fails to establish within the stipulated time, then the industry can apply for renewal, and it is an auto-renewal process.

What are the guidelines to obtain Consent to operate?

• After consent to establish has been received, and the industry has completed the construction, the industry then has to apply for consent to operate before starting their operations.
• The industry has to construct a plant according to the specification and instructions of the board and only then consent to establish is granted.
• The consent to operate and hazardous waste management authorization are issued in a combined order.
• The consent to operate and authorization of hazardous waste management can be applied online.
• The application is first scrutinized by the officer, and he flags any objection or additional requirement to comply by the applicant.
• Before granting the certificate, inspection is done by an officer who prepares a report and then forwards the application to the committee for decision.
• In most instances, permission to operate is granted at the regional office, but in some instances, it is granted at the zonal office or the head office after receiving a report from the regional office.
• The consent to operate can also be applied by sending the application to the concerned regional office in person by the applicant.

List of documents to be attached along with the application –

• Layout plan of the industry along with changes that were instructed to be made by the board while granting consent to establish.
• Detailed waste disposal flow chart of both liquid and gaseous waste.
• Certificate by Chartered Accountant of the fixed assets installed in the industry.
• Consent fee which can be calculated on the web portal of the board.
• Detailed compliance report of consent to establish conditions and instructions.

Timeline for the process of application –

The application once submitted has to be processed in –

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• Green – 7 days
• Orange – 21 days
• Red  - 30 days

Renewal application time process period –

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• Green – 7 days
• Orange – 21 days
• Red  - 30 days

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
• Drafting and Filing of Application
• Delivery of the Consent Certificate/CTE/CTO