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STATES OTHER THAN UTTAR PRADESH

We have information on procedures in some states as follows :

Andhra Pradesh     Chandigarh    Gujrat    Meghalaya
Union Territory of Pondicherry    Uttar Pradesh    Karnataka    Tamil Nadu    Maharashtra    Haryana    Punjab    Rajasthan   

The Water (Prevention and Control of Pollution) Act, 1974 the Air (Prevention and Control of Pollution) Act. 1981, the Water (Prevention and Control of Pollution) Cess Act 1977 and the Environmental Protection Act 1986 are Central Acts of Parliament which prescribe uniform functions to all State Pollution Control Boards. Except for minor procedural differences, the basic resposibilities on polluters are identical for all states.

The Specific Standards provided as part of schedule 2 to this document and the General Standards prescribed under the Environment Protection Act are applicable all over the country. The State Boards can only make them more stringent.

The rates of Water Cess are identical through out the country and so are the provisions for consent under Airand Water Acts., NOC, Environmental audit, Hazardous wastes management, Hazardous Chemicals Handling, Environmental Clearance and the punitive provisions.

ANDHRA PRADESH :

HUDA Complex
Amerpet, Opp Sarathi Studio
Hyderabad
India
The Government of Andhra Pradesh has exempted 75 categories of industries from obtaining site clearance and consent under Airand Water Acts from the State Pollution Control Board before going into production. The State Board has also identified a list of 116 categories of polluting industries in the Small Scale sector. (Probes/62/1994-95, CPCB) Unless specifically made more stringent,the specific and the general standards prescribed under the EPAct are applicable.

CHANDIGARH:

Additional Town Hall Building
2nd Floor
Sector 17 -C
Chandigarh 110 017
India

The Chandigarh Pollution Control Committee has decided that all the industries within the Union Territory are to be covered by Airand Water Acts. on the basis of not only waste water and primary effluents discharged but also on the basis of solid waste, noise generation. Unless made more stringent, the specificand the general standards prescribed under the E.P.Act are applicable

GUJARAT:


Sector 10 - A
Gandhi Nagar 382 043
India
The Gujarat State Pollution Control Board has identified 64 small and cottage industries as exempted from obtaining No Objection Certificates. There is no exemption for obtaining consent under Airand Water Acts. Unless specifically made more stringent, the specific and general standards prescribed under the E.P.Act are applicable.

MEGHALAYA:

Arden
Lumbyngngad
Shillong 793 014
India

The Pollution Control Board has identified 30 categories of industries, irrespective of size as not relevant to the Airand Water Acts. For other industries, Consent is granted for one year and the implementation period is one year. Unless specifically made more stringent, the specific and general standards prescribed under the E.P. Act are applicable.

UNION TERRITORY OF PONDICHERRY:

Pondicherry Administration
Pondicherry 605 001
India

The Pondicherry Pollution Control Committee has prescribed that those industries which give off emissions from process or from combustion of fuel as relevant to the Air Act and those industries which generate effluents from process or working as relevant from the view of the Water Act. Validity period of consents are generally one year for large scale and the 17 categories of industries, two to three years for all others. Unless specifically provided the specific and general standards prescribed under the E.P.Act shall apply for quality of effluents and emissions.

UTTAR PRADESH:

The Uttar Pradesh Pollution Control Board has prescribed that all categories of small scale industries, other than those falling in the 17 categories of highly polluting industries and an additional 10 categories included as highly polluting (Total 27) shall only have to apply for consent and the acknowledgement shall be deemed to be a consent under provisions of the Water and Air Acts. The Board has however retained the right of surprise checks.

All large medium and small scale industries falling in the 27 categories shall be considered for consent on an annual basis. The Board has also prescribed a list of 48 categories of large and medium industries, to which consent is qranted once in three years. Medium scale industries in this category are considered at the level of the regional offices.All large scale industries are considered for consent at the level of the Head Office. Unless otherwise provided , the specific and general standards as prescribed under the E.P. Act shall apply.

KARNATAKA:

No. 25, 7th and 8th Floors
Public Utility Building
Mahatma Gandhi Marg
Bangalore 560 001
India

The Karnataka State Pollution Control Board has excluded 115 categories of small scale and cottage industries from the purview of the Water and Air Acts subject to certain conditions.

  1. The number of workers should be less than 20.
  2. The site should conform to the land use classification by the competent authority.
  3. Generation of pollution and receipt of bonafide complaints would invite withdrawal of exemption.
  4. Violation of standards will also invite appropriate legal action under the Water and Air Acts.

TAMIL NADU:

No. 100, Anna Salai
Guindy
Chennai 600 032
India

The Tamil Nadu Pollution Control Board has kept 135 categories of industries outside the purview of section 25/26 of the Water Act and Section 21 of the Air Act under certain conditions which prescribe that:

  1. The number of workers in the industry should be less than 20
  2. The industry should conform to the land use classification by the competent authority .
  3. Generation of pollution and the receipt of verifiable complaints will invite withdrawal of exemption.
  4. Noncompliance with standards prescribed by the Board will not bind the Board from taking appropriate legal action under the Water and Air Act.

The Board has also classified industries in the Red, Orange and Green Categories. All consents are granted till March 31 of the year. Red Category industries are granted consent for one year, orange category (If pollution control measures are provided )for 2 years and green for two years.

MAHARASHTRA:

Chattrapati Shivaji Maharaj Municipal Market Building
4th Floor
M.R. Ambedkar Road
Mumbai 400 001
India

Simplified procedures for NOC and consents under the Airand Water have been prescribed by the Maharashtra Pollution Control Board with respect to 11 categories of industries considered non polluting. There is no consent fees and the consent is perpetual. Sub regional officer of the Board is empowered to issue consent.

All other small scale industries have to make an application for consent in the full form with the prescribed consent fees. If the applicant industry is considered non polluting or if it has provided necessary pollution control systems then consent is issued with a validity of 15 years.

For industries having a trade effleunt discharge of upto 10 KLD and in respect of small scale units in categories other than the 17 categories the regional officer is empowered to grant consent.

Consent to industries falling in the 17 categories or discharging more than 500 cubic meters of effluents per day is dealt by a committee called the consent verification committee of the Board.

Other units are dealt by the Member Secretary of the Board. Consents under the Air Act for high air pollution potential industries or to the 17 categories of industries are dealt with by the consent verification committee and the others by the Member Secretary.

Industries have been divided into the Red, Orange and Green categories and validity of consents inrespect of units which have provided all necessary pollution control devices and are meeting the standards are as follows :

Red Category2 years
Orange Category 4 years
Green Category6 years

The Ministry of Environment and Forests, through its notification no. S.O.136(E) has imposed a prohibition and restriction that no hazardous chemical as defined in clause (C) or rule 2 of the manufacture, storage and Import Of Hazardous Chemical Rules 1989, not being a chemical in the quantity mentioned in Annexure to this notification shall be stored in Antop Hill Warehousing Comples and also that the storage of approved chemicals shall be regulated.

The Central Government through its notification No. S.O.416(E) issued by the ministry of Environment and Forests has after considering the need for protecting the ecologically sensitive Dahanu Taluka, and to ensure that the development activities are consistent with principles of environmental protection and conservation has declared Dahanu Taluka, district Thane (Maharashtra) as and ecologically fragile area and has imposed restrictions on the setting up of the industries which have detrimental effect on the environment. Guidelines have been issued in this regards. Industrial projects already approved or in existence in the said Taluka before the date of issue of this notification will not be affected by this notification. The existing industries shall have to comply with statutory provisions.

Unless specially provided , the specific and general standards as prescribed for effluent and emission in the E.P.Act shall apply.

HARYANA:

PB No. 712
Sector 19
Chandigarh 160 011
India

The Haryana State Pollution Control Board Candigarh, has prescribed that all industrial units falling under the 17 categories of highly polluting, 19 categories of polluting, another 6 categories of industries regarded as additionally polluting and other large and medium units shall apply for N.O.C. to the Head office of the Board directly. The N.O.C. application form amongst other things, has to be accompanied by a permission from the irrigation department for discharge of effluent into water bodies such as River/Canals/Drains in those cases which can adversely effect the quality of such waters. No N.O.C. will be granted for residental areas.

All other units having a capital investment of less than Rs. 1.00 crore shall apply for an exemption letter to the Regional Officer who shall issue the same at his own level. Consent to operate under provisions of sections 25/26 of the Water(Prevention and Control of Pollution) Act. 1974 and section 21 of the Air (Prevention and Control of Pollution) Act. 1981 is generally granted for periods as follows :
Stone Crushers and Hot Mix Plants1 Year
17 Categories of large and medium and S.S.I. units 2 Year
19 categories of large and medium, SSI units and other Large and Medium industries and the additional polluting industries except stone Crushers and Hot Mix Plants. 5 Years
Industries having no trade efflents or units having no air emissions or units where Effluent Treatment Plant or Air Pollution control System is not required. 10 years

Consent fees is changed for the length of period considered. Clearance under the Environment Impact Assessment Notification of 1994 has to be obtained as stipulated from the Govt. of India. Standards as prescribed under the E.P. Act. unles made more stringent are generally applicable.

PUNJAB:

Nabha Road
Patiala 147 001
India

Industries covered in a list of 20 categories highly polluting industries and in the large and medium sector have to obtain a clearance of site from the Environmental angle from the State Government. An industry covered under this category is required to submit an application to the Member Secretary, competent state authority c/o Punjab Pollution Control Board.

Although no inudstry appears to have been exempted from provisions of consent under the Water Act. 1974 and the Air Act. 1981, the procedures are simplified. Industries have been decided into Red and Green categories. The consent to establish operate to small scale inddustries is given for a period of 15 years.

RAJASTHAN:

A-4, Jalane Dungri Institutional Area
Jaipur 302 004
India

For the purpose of granting consent under the air and water acts to existing and new industries, industrial units have been classified into a highly polluting and/or hazardous red category, a comparatively less polluting orange category and a category of industries consisting of units which are least polluting, designated as 'others'.

The power to issue consent to establish and operate red category industries has been vested with the head office of the Board, while the orange and 'others' categories are granted through the regional offices. The power to refuse consents lies with the head office of the Board.

Consent to operate is normally granted for the following durations.
Red category upto a period of 3 years
Orange Category5 years
'Others' category15 years

In the case of small scale industries, the board has prescribed that the applications for consent to establish (NOC) and the consent to operate shall have to be submitted to the regional officer, who after scrutinizing the form will issue an acknowledgement which shall be considered as a consent. The right of review and revocation lies with the state Board.

The Rajasthan State Board has also specified 150 tiny and small scale industries which are exempted from seeking consent subject to the conditions specified in the Government of Rajasthan Notification No. PA6(1)ENV./77 dated 27.3.98. The conditions generally being:

A site clearance certificate will have to be obtained from the state department of environment in respect of 20 highly polluting industries and some power plants. This is in addition to the environmental clearance to be taken from the central government under the environmental impact assesment notification of 1994. In case of the above clearances, a procedure of public hearing is also followed.

The ministry of environment and forests has issued notifications imposing a ban on the use or handling of benzedine and azodyes.

Location of industries in the specified areas of the Aravalli Range including expansion/ modernization, mining, cutting of trees, construction of dwelling units and other related development is regulated vide notification No. S.O.319(E) date 7.5.1992 issued by the ministry of environment and forests.

With relation to the Water Cess Act 1971, a procedure relating to self assessment has bee introduced. Minor assessees paying less than Rs. 6000.00 per year will have to file a self assessment statement for longer periods and deposit the assessed amount. The verification is done by the regional offices.