How to Apply For Consent Certificate/NOC
from DPCC?
Starting a business is no cakewalk, that too in Delhi. In
order to make sure the functioning of industries in the nationwide capital,
DPCC came into existence. Delhi Pollution Control Committee is commonly known as
DPCC.
DPCC classifies the industry into white, green, orange and red
categories. It grants consent certificates and No Objection Certificate (NOC) to this industry which also wants to start performance or are already performance
in Delhi.
If you are looking to start a business or running a business
by now, you will need various consent certificates from DPCC. Here in this
article, we’ll guide you through the DPCC guidelines, the process of
obtaining various permission certificates from DPCC and much extra.
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 a variety of powers to the Central Pollution Control Board
(CPCB). One such control is to perform the function of the State Pollution
Control Board (SPCB) for all the Union territory.
Moreover, this section further gives that CPCB may delegate
all or some of its powers and functions of SPCB to any person or body of a
person. In 1991, the CPCB delegate its power or functions as State Board of
Delhi to DPCC.
The DPCC issue consent certificates and NOCs to make sure
that the business entities, whether proposed or running, are not harming the
environment. Another input point is that if the thing wants to change the
production procedure or get better the ability, then a provision is present
that the entrepreneur has to get an 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 only authority that issues permission
certificates to industries that are lessening in the green and orange category.
2.
Similarly, it lays down the standard for manure
treatment and deals effluents. In addition to all this, it too lays the standard
for release from industrial units of automobiles, etc.
3.
In addition to the approval certificate, it also
issues an authorization to hospitals, blood banks, and a variety of clinics,
etc.
4.
It also prepares the preventive mechanism and
rule for the action of waste.
5.
Lastly, it also assesses the quality of water and
air and inspect the wastewater treatment installations, air pollution control gear,
industrial plants, or manufacturing procedure for evaluating their presentation
and taking steps to control pollution.
Main Guidelines for NOC/CTE/CTO
·
The DPCC grants No opposition certificate (NOC),
consent to establish (CTE) and consent to operate (CTO) certificates to any
group of industries which are allowable under the Master Plan of 2021
·
Most importantly, no proposed manufacturing will
be allowed to purpose in the approved residential region and industries in the
red and carroty category shall not be granted consent to set up within the
municipal business limits except for the designated trade 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 community 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,
an official document of its location will be necessary for granting the permission
certificate, NOC, or approval.
Legal Framework
Section 21 of the Air Act state that no person will be allowed
to run without approval from the Pollution Board. It further mentions
that the request for 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 the application.
The Pollution Board can cancel the consent official document
before the expiry of the period for which it was decided if the conditional
requirements are not fulfilled. But, before the cancellation, a reasonable chance
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 age
of validity for consent to establish is from one to seven-year. Consequently,
the strength of consent to operate and renewal certificate for the industry 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 new notification dated 10.06.2019, the white group
industries are necessary to register online on the DPCC website.
Various Classifications of Industries
Total number of the industry under unlike categories is as
under-
·
Red Category- 73 Industries
·
Orange Category- 253 Industries
·
Green category- 120 Industries
·
White Category- 203 industries
The industry can be classified base on Pollution Index (PI)
into white, green, orange, and red category. This categorization eases out the permission
of non-polluting industrial projects. PI of any industrial division is a number
from 0 to 100. Following is the classification 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
The white category was introduced by the Union Minister in
2016. Consent certificates are not required by such industries under the Air Prevention
and Control of Pollution Act, 1981 and the Water Prevention and Control of
Pollution Act, 1974. Environmental clearance is also not required under the
Environment Protection Act, 1986 as they are non-polluting in nature. And also,
these need to get an undertaking from DPCC.
These industries include bio-fertilizers, bio-pesticides,
medical oxygen, electrical and electronic items, cotton and woolen hosiery,
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 beneath
the Green category. These industries have to submit consent before establishing
and in service of the industry.
Orange Category
These industries fall under the pollution index of 41 to 59.
This means they also have to present the consent certificates before
establishing and in service of the industry.
Red Category
According to the Ministry of Environment & Forests,
industries which are a lot polluting are categorized in the red category. in
addition, these are not permitted to operate in an ecologically fragile area or
protected area. Some of the red category industry is industries trade with
hazardous chemicals, automobiles, mining, Bio-medical waste, hazardous waste the treatment facility, hotels, etc.
Who Needs a Consent Certificate from DPCC?
·
Manufacturing Entities
·
Traders
·
Health care Establishments
·
E-waste Management entities.
·
Hazardous Waste Management entities
·
Solid waste Management entities
·
Bio-Medical Waste Management entities Battery
Waste Management entities
·
Plastic Waste Management entities
Documents Required For Consent Certificate
·
Pan card
·
Aadhar card
·
Pan card of the unit in case of partnership/
company
·
Municipal or Industry license
·
Factory Trade or health Trade License
·
Proof of registration of the unit
·
Authorization letter (except Proprietorship)
·
CA Letter for total project cost
·
FSSAI Certificate for food businesses
·
Site plan or Naksha
·
Electricity bill
·
Proof of Ownership
·
GST Certificate
·
Water Bill
What Is The Procedure For DPCC?
·
Firstly, the industries that want permission
certificates have to confirm their business activity.
·
Secondly, after the business action confirmation
is complete, the industries are categorized according to their business activities.
·
For the white category, the industry submits the
documents online and responsibility in generated afterward. Then the documentation
is generated. The industry has to submit a hard copy all along with signature
to DPCC.
·
In the case of the Green and Orange category, we have to
make sure if the site falls under the industrial area, if yes the industry submits
the papers online at DPCC official website.
·
If the site is beneath the redevelopment area, then
SDM letter or manufacturing inspection letter has to be given if the site is
not under the redevelopment area after that refusal of DPCC consent.
·
After all the checking, the business has to
submit papers online. After which the CTE is generated. The industry has to
submit a hard copy of the CTE application along with the mark. Afterward, the
board issues a CTE certificate.
·
Lastly, the industry has to check if there is an obligation
of a pollution control device. If the answer is yes, then, one needs to install
pollution control gear. After this, the CTO application is generated. The manufacturing
has to lastly submit the CTO application to DPCC along with the signatures.
After all the verification, CTO documentation is issued.
Why Is It Important?
The large due to the after-effects of industrialization
only, Delhi has witnessed a high level of pollution. As an effect, we have to restrain
this by bringing out regulatory checkpoints for business. DPCC consent
certificates are essential for establishing a new business or continuing a fresh
one, also. Moreover, these assist in having a new electrical energy link, water
connection or for obtaining the license or regeneration of license from the
Municipal Authority and Police Department. It also helps to get an NOC from the
Central Ground Water Authority and the Fire department.
Conclusion
On the whole, Industrialization has been raising
environmental pollution at a disturbing rate. As a result, it has been
challenging to cope up with the ecological concerns. The Indian government has
been, by all means trying to curb the pollution level in the National capital
with the strict leadership and requirement of consent certificates for business.
Therefore the industries should comply with DPCC for making a Delhi an improved a place to live.
For more information about DPCC and for obtaining consent
from DPCC, contact our team of experts at Corpseed
. We will assist you in drafting and filing an application with DPCC.
Comments
Post a Comment