How to apply for Consent Certificate/NOC from DPCC?

Starting an industry is no cakewalk, that too in Delhi. In order to check the functioning of industries in the national capital, DPCC came into existence. Delhi Pollution Control Committee is commonly known as DPCC.

DPCC classifies industries into white, green, orange and red category. It grants consent certificates and No Objection Certificate (NOC) to these industries which either want to start functioning or are already functioning in Delhi.

If you are looking to start an industry or running an industry already, you will need various consent certificates from DPCC. Here in this article, we’ll be guiding you through the DPCC guidelines, the procedure of obtaining various consent certificates from DPCC and much more.

Delhi Pollution Control Committee (DPCC)

The Water (Prevention and Control of Pollution) Act, 1974 under Section 4 and Section 6 of the Air (Prevention and Control of Pollution) Act, 1981 has given various power to the Central Pollution Control Board (CPCB). One such power is to perform the function of the State Pollution Control Board (SPCB) for all the Union Territories.

Moreover, these sections further provide that CPCB may delegate all or any of its powers and functions of SPCB to any person or body of a person. In 1991, the CPCB delegated its power and functions as State Board of Delhi to DPCC.

The DPCC issues consent certificates and NOCs to ensure that the business entities, whether proposed or running, are not harming the environment. Another key point is that if the entity wants to change the production process or improve the capacity, then a provision is there that the entrepreneur has to obtain a NOC from DPCC.

Main Functions of DPCC

Following are the main Functions of DPCC specified by the Indian government as per the Water, Air, and Noise Pollution Act-

1. Firstly DPCC is the sole authority which issues consent certificates to industries which are falling in the green and orange categories.
2. In addition to the consent certificate, it also issues an authorization to Hospital, blood banks, and various clinics, etc.
3. It also prepares the preventive mechanism and guidelines for the treatment of waste.
4. Similarly, it lays down the standard for sewage treatment and trade effluents. In addition to all this, it also lays the standard for emission from industrial units of automobiles, etc.
5. Lastly, it also assesses the quality of water and air and inspects the wastewater treatment installations, air pollution control equipment, industrial plants, or manufacturing process for evaluating their performance and taking steps to control pollution.

Main Guidelines for NOC/CTE/CTO

• The DPCC grants No objection certificate (NOC), consent to establish (CTE) and consent to operate (CTO) certificates to any category of industries which are permissible under the Master Plan of 2021.
• Most importantly, no proposed industry will be allowed to function in the approved residential area and industries in the red and orange category shall not be granted consent to establish within the municipal corporation limits except the designated industrial area.
• Industries in the red, orange or green categories which are in areas other than the approved areas will be allowed to set up at the distance of 100 meters outside Municipal Council limits, phirni of village/ designated residential area /residential area comprising of 15 pucca houses by the Competent Authority of the State. Moreover, in these cases, a certificate of its location will be required for granting the consent certificate, NOC, or authorization.

Legal Framework

Section 21 of the Air Act states that no person will be allowed to run without consent from the Pollution Board.  It further mentions that the application of consent has to be accompanied by documents and DPCC fees. The State Board has to grant or refuse the consent certificate within four months after the receipt of application.

The Pollution Board can cancel the consent certificate before the expiry of the period for which it was granted if the conditional requirements are not fulfilled. But, before the cancellation, a reasonable opportunity of being heard shall be given to the concerned person.

Consent to establish/Operate

Classification of Industries in Delhi is into the red, orange, green, white category. It includes a total of 637 industries.

Industries falling under the category of red, orange, and green have to apply for the consent to establish and consent to operate. The period of validity for consent to establish is from one to seven year. Consequently, the validity of consent to operate and renewal certificate for industries in the red and orange category is 5 years and 10 years for the green category.

Categorization of Industries according to DPCC

The industries situated in Delhi are categorized into Red, Orange, Green, and White category, indicating a classification of a total of 649 industries.

Only Red, Orange, and Green category need to apply for Consent to Establish (CTE) and Consent to Operate (CTO) under the Air and Water Act. Furthermore the Industries which come under the white category don’t need these certificates, and it is only required to intimate DPCC within 30 days of the establishment of business with an undertaking.

According to a recent notification dated 10.06.2019, the white category industries are required to register online on the DPCC website. The white category units applying for registration have to pay a one time fee of Rs. 10,000/- 

Various classification of industries

Total number of industries under different categories are as under-

• Red Category- 73 Industries
• Orange Category-  253 Industries
• Green category-  120 Industries
• White Category- 203 industries

The industries can be classified based on Pollution Index (PI) into white, green, orange, and red category. This classification eases out the clearance of non polluting industrial projects. PI of any industrial sector is a number from 0 to 100. Following is the categorization according to the PI-

• Industrial Sectors having PI of 60 and above –  Red category
• Industrial Sectors having PI of  41 to 59      –  Orange category
• Industrial Sectors having PI of  21 to 40       –  Green category
• Industrial Sectors having PI inclusive & up to 20    –  White category

White Category

Union Environment Ministry introduced white category in 2016. These industries do not require consent certificates under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. Further it does not require environmental clearance under Environment (Protection) Act, 1986 because they are practically non-polluting. Additionally, these have to get an undertaking from DPCC.

These industries include bio-fertilizers, bio-pesticides, medical oxygen, electrical and electronic items, cotton and woolen hosiers, organic manure, air coolers, wind power, and mini-hydel of less than 25 MW of capacity, bicycles and baby carriages.

Green category

Industries having a pollution index of 21 to 40 come under the Green category. These industries have to submit consent before establishing and operating the industry.

Orange category

These industries fall under the pollution index of 41 to 59. This means they also have to submit the consent certificates before establishing and operating the industry.

Red category

According to Ministry of Environment & Forests, industries which are heavily polluting are categorized in the red category. Moreover, these are not permitted to operate in an ecologically fragile are or protected area. Some of the red category industries are industries dealing with hazardous chemicals, automobiles, mining, Bio-medical waste, hazardous waste treatment facility, hotels, etc.

Who needs consent certificate from DPCC?

• Manufacturing Entities
• Health care Establishments
• Traders
• E-waste Management entities.
• Solid waste Management entities
• Hazardous Waste Management entities
• Battery Waste Management entities
• Plastic Waste Management entities
• Bio-Medical Waste Management entities

Documents required for consent certificate

What is the procedure for obtaining consent certificate from DPCC?

• Firstly, the industries who want consent certificates have to verify their business activity.
• Secondly, after the business activity verification is complete, the industries are categorized according to their business activity.
• For the white category, the industries submit the documents online and an undertaking in generated afterward. Then the certificate is generated. The industry has to submit a hard copy along with signature to DPCC.
• In case of Green and Orange category, we have to check if the site falls under the industrial area, if yes the industry submits the documents online at DPCC official website.
• If the site is under redevelopment area, then SDM letter or industry inspection letter has to be given if the site is not under redevelopment area then refusal of DPCC consent.
• After all the checking, the industry has to submit documents online. After which the CTE is generated. The industry has to submit a hard copy of the CTE application along with the signature. Afterward, the board issues a CTE certificate.
• Lastly, the industry has to check if there is a requirement of a pollution control device. If the answer is yes, then, one needs to install pollution control equipment. After this, the CTO application is generated. The industry has to lastly submit the CTO application to DPCC along with the signatures. After all the verification, CTO certificate is issued.

Why is it important?

By and large due to the aftereffects of industrialization only, Delhi has witnessed high levels of pollution. As a result, we have to curb this by bringing out regulatory checkpoints for industries. DPCC consent certificates are essential for establishing a new industry or continuing a new one, also. Moreover, these assists in having new electricity connection, water connection or for obtaining the license or renewal of license from the Municipal authority and Police Department. It also helps to obtain a NOC from the Central Ground Water Authority and the Fire department.

Conclusion

On the whole, Industrialization has been increasing environmental pollution at an alarming rate. As a result, it has been challenging to cope up with the environmental concerns. The Indian government has been, by all means trying to curb the pollution level in the National capital with the strict guidance and requirement of consent certificates for industries. Therefore the industries should comply with DPCC for making a Delhi a better place to live.

For more information about DPCC and for obtaining consent from DPCC, contact our team of experts at LawyerINC. We will assist you in drafting and filing an application with DPCC.