How to Apply for Pollution NOC in UP
Abiding by the pollution norms is mandatory for entities classified as potential deterrents to the environment by the respective pollution authorities. Essentially, the Central Pollution Control Board (CPCB) classified pollution-prone entities into different color categories (orange, red, white, and yellow). While the facilities under the red and orange categories are deemed potentially hazardous, entities under the white and yellow categories are considered moderately safe from pollution standout. All these facilities are required to secure the pollution NOC from the state-based pollution board after complying with underlying requirements, which include installing pollution devices and obtaining Consent to Establish followed by Consent to Operate. Let’s discover the process of How to Apply for Pollution NOC in UP alongside other key details.
Significance of Pollution NOC in UP
Before you learn how to apply for pollution NOC in UP, let’s delve into its significance from a legal standpoint:
- The Pollution NOC (No Objection Certificate) in Uttar Pradesh refers to the legal document granted by the Uttar Pradesh Pollution Control Board (UPPCB) within the purview of two legislations viz. Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
- It seeks to govern the commercial and industrial endeavors in the state.
- The grant of NOC embodies zero non-compliance from the licensee’s end, assuring adherence to the environmental laws.
What is the role of Consent to Establish and Consent to Operate?
Essentially, securing pollution NOC is all about obtaining two permits viz. Consent to Establish and Consent to Operate consecutively. The Consent to Establish is a legal permit required while constructing a facility, affirming that environmental norms have been followed and required measures have been incorporated to minimize environmental hazards.
After applying for Consent to Establish, the respective state pollution board may visit the proposed construction site for a compliance check. Consent to Operate, on the other hand, refers to a legal approval required after the facility is established, ensuring adherence to emitting norms. Applying for Consent to Operate requires installing pollution measuring and control devices.
Documentation Requirement for Consent to Establish
- A covering requisition letter clearly stating the industry’s status and activities.
- Attested copies of Sale Deed, Lease Deed, or relevant documents proving site/factory possession.
- Attested Memorandum of Articles for Public/Private sectors or registered partnership deed for partnerships.
- Layout plan showing locations of process equipment, utilities, effluent treatment plant, outlet locations, and waste storage yards.
- Schematic diagram showing distances to water bodies, roads, residential areas, agricultural lands, religious sites, educational institutions, monuments, archaeological sites, and other sensitive areas within a 2 KM radius.
- Detailed manufacturing process for each product with a process flow chart.
- Water and wastewater balance details for the process.
- Material balance details for each product and process.
- Land use classification certificate from the competent authority in Uttar Pradesh.
- Auditor’s certificate detailing proposed gross fixed assets, certified by a Chartered Accountant, with financial provisions for pollution control measures.
- Consent fee under Water and Air Acts payable to the Board.
- Groundwater clearance from the competent authority (if applicable).
- STP proposal detailing sewage design characteristics, treatment methodology, disposal mode, design criteria, STP drawings and layout, hydraulic profile, and adequacy of treated sewage disposal (if applicable).
How to Apply for Pollution NOC in UP: A Step-by-Step Guide to Secure Consent to Establish
The procedure concerning how to apply for Pollution NOC in UP i.e. Consent to Establish is illustrated below:
Step 1: Registration on the Online Single Window Portal
Head to the Nivesh Mitra portal and create an account with valid credentials. Once done, head to the inbox of your email to recover your user ID and password. Use these credentials to log in to the portal.
Step 2: Fill out the Common Application Form
After logging in, get access to the application form and fill it out with relevant details, including office address, production information, the standard being followed, workforce details, directors, etc,
Step 3: Apply for Consent to Establish
Proceed to select the option viz. “Apply for Certificate/NOC/Permission.” Next, select the unit followed by the relevant department, which in your case is “UP Pollution Control Board”. On the next window, select “Consent to Establish under Air and Water”. This will lead to the next step, which is fee submission.
Step 4: Payment of Consolidated Fee
This step requires submitting the application fee. To do so, you must head to the option viz. “Pay Your Consolidated Fee” and make the required payment.
Step 5: Application Verification
Post application and fee submission, the respective authority shall initiate the inspection process wherein all the paperwork undergoes vetting and due diligence of the proposed construction site will be held if required.
Note: The applicant must respond via the portal to any queries or objections raised by the authority within 7 days of the application submission.
Step 6: Grant of certificate
If the authority does not find any loose end inspection-wise, they will grant the certificate to the applicant. The applicant can download the same from the authority’s portal.
Conclusion
So that is our take on How to Apply for Pollution NOC in UP i.e. Consent to Establish. It is worth noting that after obtaining the certificate, the license must abide by the environmental norms as cited in the governing legislation to avoid stringent penalties.
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