U.P. Pollution Control Board

Uttar Pradesh Pollution Control Board is a government body entrusted with control, abatement, and implementation of laws relating to the environment within the state of Uttar Pradesh. The board was first constituted on 3rd February 1975 under the Water prevention and control of pollution act but subsequently changed to UP pollution control pollution board so that other acts related to the environment also are implemented and overlooked by the board, Acts like –

• Air prevention and control of pollution act, 1981
• Water prevention and control of pollution cess act, 1977
• Environment protection act, 1986

The main objective of this statutory body is to control and minimize air and water pollution in the state. The board forms rules, guidelines, and even assists industries and factories with regard to pollution they discharge and how they can minimize their pollution and safely discharge pollution into water and air. The board frequently conducts inspection and raids in the state to check industries which do not adhere to environment laws.

The pollution board has the power to monitor air and water pollution level in the state. It also collects data and provides the same to industrial sitting and town planning board, thus helping the town planning board with planning and setting of industrial units in areas which are away from residential areas.

The pollution board manages its function through twenty-five (25) regional offices spread across all over the state. The head office is in PICUP Bhavan, Gomti Nagar, Lukhnow.

The pollution board also monitors Air and River water quality. The board has established laboratories for testing air and water pollutants. The board is also involved in controlling pollution in the river Ganga under the Ganga action plan. The board has marked 17 industries which are highly polluting under Ganga action plan.

How to obtain No objection certificate?

The board has mandated all industries to take consent to establish (CTE) from the board before an industry can start an operation or process. It is always better to take permissions before starting a process.

For obtaining No objection certificate, an application form is prescribed by the board. The company or firm which wants to apply will have to first fill the prescribed form, and along with the form it has to submit details of the project, intended plans to control pollution, Certificate of registration issued by the industrial department. Complete application has to be submitted either to the Member Secretary of the pollution control board or to the General Manager of District Industrial Centre. Submission of application can be done in any one of the twenty-five regional centers. Regional centers have been established so that the process of taking permission becomes easier and to control and abate pollution efficiently.

Do all industries and firms need No objection certificate?

Not all industries require No objection certificate, the pollution board has exempted certain small scale industries which are of non-polluting nature from obtaining No objection certificate. The list includes 221 industries which are exempted. Even software industries are exempted from obtaining No objection certificate.

The following industries require consent to establish before starting the process of establishing industries –

• Stone crusher
• Bone mill
• Dairy processing
• Vegetable and food processing
• Detergent producing industry
• Meat processing units
• Slaughterhouse

Where can a No objection application form be obtained from?

The application forms are available on the website of the UP pollution control board. The forms can be downloaded from the official website. Most of the forms are in English, but there are some forms which are in Hindi as well.

The following documents have to be attached along with the forms to obtain Consent to establish –

• A covering letter stating the type of industry and allied activities which the industry intends to perform. The letter has to describe the complete information about the product or products which the industry will manufacture.
• Copy of sale deed or lease deed which the company has obtained.
• Memorandum of article in case it is a company or copy of Partnership deed in case it is a Partnership firm.
• >Site plan and layout plan of the industry. Along with with complete details of equipments, Sewage treatment plan, and building layout plan.
• Schematic diagram of roads, forest area, agricultural fields, residential area, and other important areas within two kilometers of the industry.
• Complete details of the manufacturing process of every product to be produced by the industry.
• Complete details of the material balance of every product to be produced by the industry.
• A copy of the land use certificate and land use change certificate.
• Certificate of auditor certified by Chartered accountant.
• Details of wastewater balance and underground water balance.
• A copy of Consent fee which is payable to the board under the Air and     Water act.
• Copy of groundwater report.
• Proposal of sewage treatment plant (STP) with complete details of the treatment methodology to be used and mode of disposal of waste by various units of the units.
• Proposal for the effluent treatment plant to be installed in the industry.
• Measure which will be taken to control air pollution.
• Material safety data and measures to be adopted in case hazardous chemicals are to be used as a material in the production of any product.
• Environment clearance certificate from MOEF.
• Proposal with regard to the installation of an online monitoring system for discharge of effluent of liquid disposal and air emissions.
• Other statutory clearances like forest area clearance or eco-sensitive zones as applicable in the area.

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 the action taken or order passed by UP pollution control board?

An order passed by the UP pollution control board can be challenged in the National green tribunal. The tribunal is in New Delhi. The tribunal has been set up to quickly and effectively dispose of cases with regard to environmental 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.