Delhi Pollution Control Committee Authorization- An Overview
All industries that fall under relevant categories require to have proper systems in place to carry out waste authorisation processes. Waste authorisation deals with the procedures related to handling of wastes which are produced in industries. Hence industries present in Delhi have to secure consent. Such consent is known as the Delhi Pollution Control Committee Authorization.
The consent and authorizations of the industry would depend on the type of manufacturing activities. There are different categories which require consent. There are two types of consent under the Delhi Pollution Control Authorization. This is known as the CTE (Consent to Establish) and CTO (Consent to operate). In order to follow the rules related to the Delhi Pollution Control Committee Authorisation all industries require obtaining the CTO and CTE.
Usually the requisite consent to operate from the DPCC is obtained under the Water Act, 1974 and Air Act, 1981. Apart from this the industry must comply with the rules related to authorisation under the Hazardous & Other Waste (Management & Transboundary Movement) Rules, 2016.
As per section 21 of the Air Act, all industries would require to have the consent to operate and consent to establish if they start any industry. Industries would not be able to commence operations without the relevant consent. Similar provisions are also present under the Water Acts.
Categories under Delhi Pollution Control Committee Authorization
There are different types of categories under the relevant consent. Under the CPCB, the categories are classified as the following:
- Red Category- Industries under this category have a pollution index score of 60 or more.
- Orange Category- Industries under this category have a pollution index score of 41 to 59.
- Green Category- Industries under this category have a pollution index score of 20 to 40.
- White Category- Industries under this category have a pollution index score of below 20.
Eligibility Criteria for Delhi Pollution Control Committee Authorisation
- Classification of Industries
Under the CPCB, all industries have to ensure to comply with the relevant rules of the Water Act, 1974 & Air Act, 1981 and Authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Hence such rules and acts would be applicable even for securing the authorisation under the Delhi Pollution Control Committee Authorisation. First and foremost, the applicant must check the list of industries under what category they fall under. Industries would be classified based on the category. The classification of industries is present in the following link https://www.dpcc.delhigovt.nic.in/uploads/pdf/classification-in-viewpdf-e0b964f38a95a543d1249653a9b090cb.pdf
- Consent to Establish
This is also known as the CTE. CTE is an important consent which is required from the DPCC. This would ensure that the industry follows compliance with the requirements of particular standards.
- Consent to Operate
First the CTE would be secured by the manufacturer or an industry. Then the CTO would be secured. Without the CTO, the industry would not be able to carry out any activities.
Procedure under Delhi Pollution Control Committee Authorisation
An industry or manufacturer would have to follow the below procedure for Delhi Pollution Control Committee Authorisation:
- Make an Application
As per section 21 of the Air Act, all industries would require the consent to operate and consent to establish before commencing operations. Such industries would not be able to commence operations without the relevant consent.
- Contents of the Application
The application for securing the requisite consent would be accompanied by the requisite fee along with documents. The documents would include the industrial plan and other requirements for carrying out operations in the industry.
When the DPCC receives the application, then they could make an inquiry into the industry. After securing the application, the board will make the decision within a period of 4 months regarding the grant of the application under the Delhi Pollution Control Committee Authorization. The board can also reject the application for such consent by giving reasons for the same. If the board rejects the application, then the applicant would have a reasonable opportunity of being heard.
- Conditions to Follow
Every applicant who receives consent under the Delhi Pollution Control Committee Authorization would have to adhere to specific conditions as mentioned by the board. The following conditions would be imposed on the industry:
• Ensure that all equipment in the premises are under the control of the applicant at all times.
• All equipment if altered or replaced would have to be under the specifications as per the state board.
• The equipment used in the industry must be in proper running condition at all times.
• All industries must utilise chimneys which have to comply with the above requirements.
- Transfer of Interest
If there is a transfer of interest of the industry, then all the conditions would be deemed to be transferred to the other person.
Timeline for Granting the CTO and CTE under the Delhi Pollution Control Committee Authorization
- All industries in Delhi have to be compliant with the requirements of the pollution control laws.
- An industry which is categorised as White Category would not require to make an application for securing the CTO and CTE. The application regarding this must be made in an undertaking and sent online to the DPCC.
- Other category of industries would have to make an application; the period of CTE would be 1 year to 7 years. For consent to operate the period for grant would be 5 years for red and orange and 10 years for the green category
- The following categories for authorisation would be decided by the following:
• Category II(a) cases by the committee headed by Chairman DPCC. (30 days from the date of the application).
• Category II(b) cases by the committee headed by Member Secretary, DPCC (30 days from the date of the application).
• Category I cases by the concerned Sr. Env. Engineer / In-charge (7 days from the date of the application).
- Every unit has to compulsory make an application online and also send a hard copy (offline mode) through post. Along with this documents have to be present.
- Delhi Pollution Control committee Authorisation also accepts applications under the Plastic Waste Management Rules 2016.
- Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
Under these rules, authorization is allowed. Usually the timeline for this would be 30 days from the date of the application. However, the application would be decided along with the application for the CTO and CTE.
- Bio-Medical Waste Management Rules, 2016:
Hospitals/Health Care Establishments/ Nursing Homes would come under the category of industries which require authorisation under the Bio-Medical Waste Management Rules, 2016. Any hospital, diagnostic centre or pathological institutes which have 51 beds or more would require to obtain consent under the Delhi Pollution Control Committee Authorisation along with CTE and CTO. The authorisation would be granted as per the requirements of the committee. https://www.dpcc.delhigovt.nic.in/consentpolicy#gsc.tab=0.
- Solid Waste Management Rules, 2016
Authorisations are also granted to industries under the solid waste management rules, 2016. This would be for the segregation of wastes. An application under this has to be made under Form-I. Such application would be granted for a period of 5 years.
- E-waste (Management) Rules, 2016
Every producer would be categorised under the e-waste rules. All the forms (Form I, Form II and Form III) have to be filed with the DPCC.
Fees under the Delhi Pollution Control Committee Authorization
To obtain authorization an applicant having an industry would have to pay the relevant fees. The fees structure for securing the consent to operate and consent to establish are present in the following link https://www.dpcc.delhigovt.nic.in/uploads/sitedata/pdf/fee_structure.pdf .
The following documents are required for Delhi Pollution Control Committee Authorization:
- Consent Application Form 2(a) - Name and address of the industry/ project or premises. The following documents have to be submitted:
• PAN Card if it is not mentioned in the application form
• Copy of the PAN of the industrial unit or department HCU.
- Industrial Unit (Whether owned or rented) Form 2(c) the following have to be submitted:
• If the premises is owned, then the proof of such possession or allotment of property or the sale deed.
• If the premises are on rent, then a copy of the rent agreement must be provided.
- Information on Applicant Form 2(e)-the following have to be provided:
• Authorisation letter
• The authorisation letter would not be required for a sole proprietorship concern.
- Small Scale Industry/ MSME (SSI/MSME) Form 4(a)- If the unit is registered:
• In case of a registered MSME or a SSI the original certificate of registration must be provided.
- Gross Capital Investment ( industrial unit ) without depreciation Form 5:
• This would include the cost of the building with the plant and machinery in the premises.
• A certificate or undertaking has to be provided by a chartered accountant.
• If the establishment is a hotel, then the consent fee would be charged during the phase of construction itself.
- Commercial Premises (Location of Unit) Form 6(a):
• Conformity proof of the premises along with the master plan of Delhi from a local authority or municipal body
• Master Plan can be utilised for this process.
- Location of Unit for Redevelopment Form 6(a):
• Proof of License from a Municipal Authority
• Longitude and latitude area with a self certified undertaking
• Certificate from the industries department, Government of NCT Delhi regarding the boundary of the unit and redevelopment
• Order which is provided under the Delhi Pollution Control Committee Authorisation.
• BIS license
• Municipal Corporation License
• Factories Act Registration
• Registration under respective tax (GST)
• Income tax Registration
• Drug License Registration
• Utility Bills- Electricity and Water.
- If the industry or manufacturing hub is present in an industrial area form 6(b):
• Details of the CETP membership.
- Effluent Systems and Sewage Systems Form 6(c):
• Under taking as well as documentary proof would be required
- Copy of the Discharge of effluent or sewage form 6(d):
• An undertaking is required for the same
- Commission of construction Form 7(d):
• Delhi Pollution Control Committee Authorization approval
• Proof of commissioning such structure
• For project which have not commissioned, for the CTE no documentary proof is required.
• Environmental Clearance certificate
• Water Sanction Letter
• Power Sanction Letter.
- Sanctioning of Power (Load in KW) form 7(g):
• Information /documentary information required.
• For Consent to Operate for green and orange – Electricity connection documents .
- Source of Water Information from the Municipal Authority
- Source of Power
- For separate categories of industries such as restaurants and manufacturing units the following link has information https://www.dpcc.delhigovt.nic.in/uploads/sitedata/minutes_19.02.2016_ease_business.pdf
- If the entity is a company, then resolution of the board members and shareholders.
- Memorandum of Association and Articles of Association must also be provided.