Haryana State Pollution Control Board Consulting

Question 1

What are the classification of Business Activities?

Answer

The Haryana Pollution Control Board (HSPCB) classifies business activities into different categories based on their Pollution Index (PI). The PI is a numerical score ranging from 0 to 100 that quantifies a business's pollution potential, taking into account factors like air emissions, water pollution, and hazardous waste generation. A higher PI indicates a greater pollution load and a higher level of environmental regulation. This classification system streamlines the process of issuing "Consent to Establish" (CTE) and "Consent to Operate" (CTO) certificates.

The Classification Categories

The HSPCB categorizes industries into four main groups:

1. Red Category

The Red category includes highly polluting industries with a Pollution Index (PI) of 60 or above. These businesses have the most significant potential to cause environmental harm and are subject to the strictest regulations. They are typically prohibited from being located in ecologically sensitive or residential areas.
• Examples: Chemical manufacturing, thermal power plants, paper and pulp mills, distilleries, tanneries, and large-scale iron and steel plants.

2. Orange Category

Industries in the Orange category have a Pollution Index (PI) ranging from 41 to 59. These are moderately polluting industries that require proper pollution control measures, but their potential for environmental impact is less severe than Red category industries.
• Examples: Food processing units, hotels, automobile service stations, plastic manufacturing, and textile dyeing and printing.

3. Green Category

The Green category includes industries with a Pollution Index (PI) between 21 and 40. These businesses have a low pollution potential and a minimal environmental footprint. While they still need to obtain consents, the process and compliance requirements are less stringent.
• Examples: Small-scale furniture manufacturing, electronics assembly, cotton spinning mills, and bakery units.

4. White Category

The White category consists of businesses with a Pollution Index (PI) of 20 or below. These are considered "practically non-polluting" and are largely exempt from the need for a CTE and CTO. Instead, they only need to submit intimation to the HSPCB.
• Examples: Solar power generation, wind power generation, garment stitching, and handicrafts.

Question 2

When is the Pollution Board Registration Required ?

Answer

The primary pollution board registration is required for businesses in India, particularly in Haryana issued by the State Pollution Control Board (HSPCB). These registrations are mandatory under key environmental laws such as the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

The main registrations required are the "Consent to establish" and "Consent to operate."

1. Consent to Establish (CTE)

This is the first and most crucial registration a business must obtain. It is a mandatory clearance from the HSPCB that a business needs before beginning any construction or setting up an industrial unit.
•   Purpose: The CTE ensures that the proposed project is environmentally viable and has a plan to control pollution from its inception. It verifies that the location and design of the plant comply with environmental regulations and that adequate pollution control measures will be installed.
•   When to Apply: You must apply for the CTE before any physical construction, including laying the foundation, building, or installing machinery.
•   Validity: The CTE is generally valid for a specific period, typically until the project is commissioned or for a set number of years (e.g., five years), whichever is earlier.
•   Key Documents Required: While specific requirements may vary, the general checklist includes:
-- Proof of deposit of the application fee.
-- A letter by a Chartered Accountant's certificate detailing the capital investment of the project.
-- A detailed project report, including a brief on the manufacturing process, raw materials, and products.
-- A site plan and layout showing the location of the plant, pollution control devices, and waste disposal systems.
-- A design and schematic of the proposed Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP), and/or Air Pollution Control Devices (APCDs).
-- Land ownership documents (e.g., sale deed, lease deed).

2. Consent to Operate (CTO)

The CTO is the second essential registration and must be obtained after the industrial unit has been established and is ready to commence operations.
•   Purpose: The CTO verifies that the pollution control systems proposed in the CTE application have been installed and are functioning correctly. It confirms that the business can operate within the prescribed environmental standards for emissions, effluents, and waste disposal.
•   When to Apply: You must apply for the CTO after the plant is built and the pollution control systems are in place, but before starting production or services.
•   Validity: The validity of the CTO depends on the industry's category (Red, Orange, or Green) based on its pollution potential.
-- Red Category: The CTO is typically valid for 5 years.
-- Orange Category: The CTO is usually valid for 10 years.
-- Green Category: The CTO is generally valid for 15 years.
•   Key Documents Required: In addition to the documents submitted for the CTE, you will need to provide:
-- A copy of the previously granted CTE.
-- The latest analysis reports of air emissions, effluents, and noise levels from a recognized laboratory.
-- Details of the installed pollution control systems and their operational logbook.
-- An environmental statement in Form V as per the Environment (Protection) Rules, 1986.

3. Other Authorizations and Registrations

Beyond the CTE and CTO, some businesses may require additional specific authorizations based on the type of waste they generate. These are issued under various waste management rules. Examples include:
•   Hazardous Waste Management Authorization: For industries that generate, store, handle, or dispose of hazardous waste.
•   E-Waste Management Authorization: For producers, manufacturers, refurbishes, and recyclers of electronic waste.
•   Plastic Waste Management Authorization: For businesses dealing with plastic waste.
•   Bio-Medical Waste Management Authorization: For healthcare facilities.

Question 3

What are the documents Required for pollution board Application?

Answer

The documents required for a pollution board application in Haryana depend on whether you are applying for Consent to Establish (CTE) or Consent to Operate (CTO). Both applications are typically submitted online through the Haryana State Pollution Control Board's (HSPCB) portal.

Documents Required for Consent to Establish (CTE)

This application is for new businesses or for the expansion of existing ones. The documents are focused on the proposed project and its environmental management plan.
•   Proof of Identity and Authority:
-- Aadhar Card and PAN card of the authorized person.
-- Authorization letter or power of attorney.
-- CIN for a private company, or partnership deed for a partnership firm.
-- GST Registration.
•   Project and Financial Information:
-- A detailed project report outlining the manufacturing process, raw materials, and finished products.
-- A Letterfrom a Chartered Accountant detailing the total project cost, including land, building, and machinery.
-- Property and Location Details:
-- Proof of ownership, such as a sale deed or lease agreement.
-- A layout plan showing the unit's location, including pollution control devices, waste disposal facilities, and water and effluent drain.
-- A Change of Land Use (CLU) permission from the relevant local authority (e.g., Town & Country Planning Department).
•   Environmental Plan:
-- A detailed design scheme of the proposed Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP), or Air Pollution Control Measures (APCMs).
-- Copies of any prior environmental clearances if the project falls under the EIA Notification.

Documents Required for Consent to Operate (CTO)

This application is for businesses that have already established their plant and are ready to start production. It focuses on demonstrating that the installed pollution control measures are working.
•   All documents previously submitted for CTE.
•   Proof of Compliance:
-- Latest analysis reports of air emissions, effluent discharge, and noise levels from an HSPCB-recognized laboratory. These reports must not be more than three months old.
-- A compliance report on the conditions specified in the previously granted Consent to Establish.
-- An Environmental Statement in Form V for the preceding financial year.
•   Operational and Financial Details:
-- A copy of the previous Consent to Establish (CTE).
-- The latest balance sheet attested by a Chartered Accountant, reflecting the capital investment for the preceding year.
-- Logbooks showing the operation of the ETP/STP/APCMs, including consumption of energy and chemicals.
•   Other Specific Permissions:
-- Permission from the local authority for discharging effluent into a public sewer, if applicable.
-- An Occupation Certificate from the Town & Country Planning Department, if relevant to the project.

Question 4

What is the validity of Haryana Pollution Control Registration?

Answer

The validity of a pollution control registration in Haryana depends on the type of certificate and the nature of the entity.

Registration for Industries and Businesses

The Haryana State Pollution Control Board (HSPCB) issues registrations, often referred to as "Consent to Establish" (CTE) and "Consent to Operate" (CTO), to industries and businesses. The validity of these registrations is based on the industry's category, which is determined by its pollution potential:

• Consent to Establish (CTE): This is a permission to set up a new business or expand an existing one. It is generally valid for a period of two years or until the unit is established and ready for trial production, whichever is earlier. It can be extended for an additional year at the discretion of the Board.

• Consent to Operate (CTO): This is granted after the establishment of the unit to allow for its operation. The validity varies by category:
-- White Category: The validity is typically seven years. These are industries with minimal or no pollution impact.
-- Green Category: The CTO is valid for up to ten years.
-- Orange and Red Categories: The CTO is valid for five years. These are industries with moderate to high pollution potential.

Renewal Process

The renewal process for these registrations is crucial for maintaining compliance. For industrial certificates (CTO), the applicant must apply for renewal at least 90 days before the expiry date. Late applications can incur penalties. The renewal process is often done through the HSPCB's Online Consent Management and Monitoring System (OCMMS).

Question 5

Who requires a Haryana Pollution Control Registration?

Answer

In Haryana, a pollution control Registration is required in Industries, Businesses, and other Commercial Establishments.

Industries, Businesses, and Other Commercial Establishments

This category includes any entity that has the potential to cause air, water, or noise pollution. The Haryana State Pollution Control Board (HSPCB) requires them to obtain "Consent to Establish" (CTE) and "Consent to Operate" (CTO). The specific requirements depend on the business's category, which is based on its Pollution Index (PI).

• Red Category (PI > 60): These are industries with the highest pollution potential, such as thermal power plants, refineries, and large-scale manufacturing units. They have the most stringent requirements for obtaining both CTE and CTO.

• Orange Category (41 < PI < 60): These industries have a moderate pollution potential and include sectors like food processing and some chemical industries. They also require CTE and CTO certificates, but with less strict conditions compared to the red category.

• Green Category (21 < PI < 40): This category includes industries with low pollution potential, such as flour mills, textile units, and some food industries. They need to obtain CTE and CTO certificates.

• White Category (PI < 20): These are non-polluting industries, like those involved in assembling electronic goods or trading. They are exempted from obtaining CTE and CTO Registration under the Water and Air Acts. However, they may still need to comply with other environmental regulations and provide self-certification to the HSPCB.

Industrial Requirements:

The requirement for these registrations is not limited to manufacturing. It extends to various other sectors, including:

•   Hospitals and Healthcare Facilities: They need specific authorizations, particularly for the management of biomedical waste.
•   Hotels, Restaurants, and Motels: Depending on their size and operations, they may need to obtain consents, especially regarding wastewater and kitchen exhaust management.
•   Stone Crushers and Mining Operations: These industries are heavily regulated due to their significant air and noise pollution potential and require specific clearances and Authorizations.
•   Waste Management and Recycling Units: Companies dealing with hazardous, plastic, or e-waste must obtain specific registrations and authorizations from the HSPCB or the Central Pollution Control Board (CPCB) to ensure proper disposal and management.
•   Construction Projects: Large-scale construction and real estate development projects also fall under environmental regulations and may need consents related to dust, water, and waste management.

Question 6

What is the procedure for online application for Haryana Pollution Control Registration?

Answer

The Haryana State Pollution Control Board (HSPCB) has a comprehensive online system for applying for various pollution control registrations. The process is streamlined to make it easier for industries and businesses to comply with environmental regulations. The main portal for this is the Online Consent Management & Monitoring System (OCMMS) and the Haryana Enterprises Promotion Center's (HEPC) online portal.

1. Registration on the Online Portal

•   Initial Access: The first step is to visit the designated online portal, which is typically linked from the official HSPCB website (e.g., hspcb.org.in). New industries will need to register on the platform.
•   Creating a User Account: The applicant, who should be an authorized representative of the company (e.g., proprietor, director, and partner), needs to create a new user ID and password. This usually involves providing basic details of the business.
•   Business Classification: The portal will require the applicant to specify the industry's category (Red, Orange, Green, or White) based on the Pollution Index (PI). This classification is crucial as it determines the level of scrutiny and the required documents.

2. Filling the Application Form

• Selecting the Certificate: Once logged in, the applicant must choose the type of certificate they are applying for. The primary registrations are:
-- Consent to Establish (CTE): Required for setting up a new unit or expanding an existing one.
-- Consent to Operate (CTO): Required to begin or continue commercial operations after the unit is established.
-- Authorization: For specific types of waste management, such as Hazardous Waste, Bio-Medical Waste, or E-Waste.
• Entering Detailed Information: The online form requires a vast amount of information about the project, including:
-- General Information: Name and address of the unit, ownership details, and authorized signatory information.
-- Project Details: The proposed capital investment (land, building, plant, and machinery), and a detailed project report.
-- Manufacturing Process: A description of the manufacturing process and a flow chart.
-- Pollution Control Measures: A detailed plan and design scheme for air pollution control devices (APCDs), effluent treatment plants (ETPs), and sewage treatment plants (STPs), as applicable.
-- Water and Waste Details: Water balance, wastewater generation and disposal details, and a plan for hazardous, solid, or other waste management.

3. Uploading Required Documents

This is a critical part of the application. Applicants must scan and upload all relevant documents. The checklist varies depending on the type of consent and the industry category, but generally includes:
•   Legal Documents:
-- Proof of land ownership (sale deed, lease agreement, etc.).
-- Memorandum of Articles (MOA) or Partnership Deed.
-- Power of Attorney or Board Resolution authorizing the signatory.
•   Financial Documents:
-- CA certificate regarding the project's capital investment.
-- Proof of payment for the application fee and performance security.
•   Technical and Environmental Documents:
-- Detailed Project Report (DPR).
-- Site plan and layout plan of the unit.
-- Flow chart of the manufacturing process.
-- Design and calculation reports for all pollution control measures (ETP/STP/APCDs).
-- For specific projects, like those covered under the EIA Notification, a copy of the Environmental Clearance (EC) is required.
-- In the case of a CTO application, a compliance report on the conditions of the CTE and recent analysis reports of effluents and emissions are mandatory.

4. Other Documents:
-- Change of Land Use (CLU) permission from the Town & Country Planning Department.
-- Other relevant registrations like Factory Act Registration, FSSAI, etc.

5. Fee Payment
• The application fee is calculated based on the industry's category and capital investment.
• The payment is made online through the portal using various payment gateways (e.g., net banking, credit/debit card).

6. Inspection and Final Approval

•   For Red, Orange, and some Green category industries, the HSPCB may conduct a site inspection to verify the information provided and check the implementation of pollution control measures.
•   Based on the inspection report and the submitted documents, the final decision is made.
•   If all requirements are met, the registration (CTE or CTO) is digitally signed and can be downloaded from the online portal.
This online system significantly reduces the time and effort required for the application process, making it a crucial part of the "ease of doing business" initiative in Haryana.

Question 7

What is the cost of Haryana Pollution Registration?

Answer

The cost of a Haryana Pollution Control Registration varies significantly depending on what type of Registration you need.

Cost of Registration for Industries and Businesses

The cost of a Pollution Control Registration for an industry, such as the Consent to Establish (CTE) and Consent to Operate (CTO), is not a fixed amount. It is determined by a fee structure that depends on two main factors:
• Capital Investment: The primary factor is the total capital investment of the industrial unit on land, building, machinery, and equipment. The higher the investment, the higher the fee.
• Industry Category: The fee also depends on the industry's category as defined by the Haryana State Pollution Control Board (HSPCB) based on its pollution potential (Red, Orange, or Green).

Fee Structure (based on capital investment):

The HSPCB has a detailed schedule of fees. While the exact figures can be updated, here is a general breakdown to illustrate how the cost is structured:
• For Consent to Establish (CTE) & Consent to Operate (CTO):
-- Low Investment (e.g., up to ₹25 lakh): The fee is typically in the range of a few thousand rupees.
-- Medium Investment (e.g., ₹1 crore to ₹10 crore): The fees can range from tens of thousands of rupees.
-- High Investment (e.g., exceeding ₹100 crore): The fees can run into lakhs of rupees.

The fee for the "Consent to Operate" is often charged annually, while the "Consent to Establish" fee is a one-time charge valid for a specific period. The fee for subsequent years of the CTO is generally lower than the first-year fee.

Additional Costs

Beyond the application fee, a business may incur other costs:
•   Consultant Fees: Many businesses hire environmental consultants to prepare the detailed project reports, design pollution control measures, and handle the application process, which adds to the overall cost.
•   Bank Guarantee/Performance Security: For certain industries, especially those in the Red and Orange categories, the HSPCB may require a Bank Guarantee or performance security to ensure compliance with the stipulated conditions and implementation of pollution control measures. This is a refundable amount but requires upfront capital.
•   Testing and Monitoring: Industries are also responsible for the cost of regular self-monitoring and testing of their emissions and effluents by an authorized laboratory, as required by the terms of their consent.