Annexe E

Under the present system, new industrial units falling under 17 category of highly polluting industries, 19 category of polluting industries, Large and medium Industries and any other Industries having trade effluent / Air Emission are required to apply for No Objection Certificate (NOC)/Consent to operate under Section 25 of the Water (Preservation and Control of Pollution) Act, 1974 and under Section 21 of Air (Prevention and Control of Pollution) Act, 1981 to the Regional Offices cases of the Board. The Regional Officers after completing the necessary formalities were forwarding the cases to Board for necessary approval. This whole process was taking long time in granting necessary approval. Similarly, consent under Water Act and Air Act are being granted by the Board on yearly basis and No Objection Certificate for 9 months. Various Industrial Associations have been making representations for simplication and stream lining the system and procedure regarding the consent management. These Associations have also been making certain suggestions for streamlining the system from time to time. The Central Pollution Control Board has also been suggesting certain steps for streamlining the consent procedure. Accordingly in order to make the system totally transparent, simple and more effective, these issues were discussed in great detail in the board and also with the Regional Officers. On the basis of detailed deliberation the Board has formulated the policy on the subject in respect of consent management. Accordingly, necessary decision/procedure for No Objection Certificate/Consent to establish and consent to operate is given as under:

I. PROCEDURE FOR GRANT OF CONSENT TO ESTABLISH (NOC):
The Industrial Units falling under 17 categories of Highly Polluting, 19 categories of Polluting, Additional Polluting Categories given in Annexure - "A', 'B' and 'C' respectively and other Large and Medium Industries shall apply for Consent to Establish (NOC) directly in the Head Office on the prescribed form along with necessary documents and requisite fee in duplicate and each paper has to be signed by the authorised signatory to avoid delay in sending cases by Regional Officer to the Head Office.

The necessary documents which are required to be submitted along with NOC application are as under:
(i) Scheme for pollution control including E.T.P., APCM and Hazardous Waste Management, if applicable.
(ii) Site Plan/Layout Plan (Not applicable in case of industry located in approved industrial area).
(iii) Project Report.
(iv) Memorandum of Article / Partnership deed.
(v) NOC fee.
(vi) Flow Chart & Manufacturing process.
(vii) Affidavit in respect of column 12.5, 12.6 & 12.7 of NOC form as applicable.

On submission of NOC application in the Head office complete in all respects, the Haryana State Pollution Control Board will issue acknowledgement and decide the NOC case within 7 days. The permission from the Irrigation Department for discharge of effluent into water bodies such as Rivers/Canals/drains is required in those cases which can adversely affect the quality of such water bodies. Units are advised to establish their units in the approved Industrial Areas and no NOC will be issued in the Residential Areas. The NOC so granted shall be valid for a period of two years to be extended for another one year at the discretion of the Board or till the time unit starts its trial production which ever is earlier except for the Stone Crushers where it will be valid for 9 months as per notification no. S.O. 126/C.A. 29/86/S.5 & 7/97 dated 18.12.1997 issued by the Government of Haryana, Environment Department. However in case of specific projects like Power Plants, Fertilizer, Refineries etc., NOC shall be valid uto 4 years to be extended for another one year at the discretion of the Board or till the time the unit start its trial production whichever is earlier. No extra NOC fee will be charged for extension of NOC.

The units which are beyond 17 categories of highly polluting, 19 categories of polluting and additional polluting categories having capital investment upto Rs. 1.00 crore shall apply for exemption letter to the Regional Officer and Regional Officer of the Board shall issue the exemption letter at his own level.

II. PROCEDURE REGARDING GRANT OF CONSENT TO OPERATE
The first consent to operate shall be issued in two parts:
i. Consent to Operate for trial production.
ii. Consent to Operate for regular production
The Industrial Units shall apply for consent to operate for trial production to the concerned Regional Office of the Board on the prescribed Form - 'B' and 'I' under the Water (Preservation and Control of Pollution) Act, 1974 and the Air (Prevention and Control of pollution) Act, 1981 respectively along with documents as per check list given at Annexure-"D". In case the unit is covered under Hazardous Waste (Management and Handling) Rules, 1989, it shall simultaneously apply for the same

CONSENT TO OPERATE FOR TRIAL PRODUCTION
The Regional Officer after verification shall issue Consent to Operate for trial production for a period upto 1 to 3 months for trial production depending on the Stabilization time required for ETP/APCM installed for each category of industries The concerned Regional Officer shall issue Consent within 7 days from the date of receipt of complete application along with requisite fee provided ETP/APCI are structurally adequate and he w,1I intimate to the Head Office about the reasons for grant of consent on the proforma. There is no requirement of analysis repor1 for consent to operate for trial production as Pollution Control Measures need Some time for stablisation It will be responsibility of the Regional Officers to ensure that all the units must apply for consent to operate before star1ing trial production. In case the ETP/APCM installed by the unit are not structurally adequate then Regional Officer shall refuse the consent within 7 days & send the case to the Head Office with the reasoned recommendations Regional Officer will send the copies of grant/refusal of consent to the Head Office along with application and other documents including copy of acknowledgment submitted by the unit within 4a hours from the date of Regional Officer will send monthly statement by 7th of each month to the Head Office. In case Regional Officer fails to decide consent for trial production within 7 days it will be considered deemed consent. Regional Officer shall issue acknowledgment slip while receiving the consent application.

III. CONSENT TO OPERATE FOR REGULAR PRODUCTION
After first consent, the new units are required to obtain consent to operate within the expiry period of first consent which shall be granted by the thorough technical scrutiny. All the units are required to submit the consent applications complete in all respect along with test report, balance sheet duly certificate by the CA (without depreciation value), affidavit of no change of process & consent fee etc along with the checklist of documents to the Regional Officer The Regional Officer shall inspect the industry and give his technical comments specifically in respect of adequacy of pollution control devices, whether complying with the standards for effluent and air emissions along with mode of discharge and whether the unit is affecting the water bodies/rivers etc. along with clear cut recommendation for grant/refusal of consent.
The Regional Officer shall submit the consent application complete in all respects to the head Office within 7 days from the date of receipt of complete application in his office, along with analysis report and other documents and within 21 days in case complete application along with sample testing charges are deposited in the Regional Office. The Regional Officer will get the application completed at his personal level and in case any unit is reluctant to supply documents/fee the same be intimated to the Head Office with specific comments along with action to be taken The unit will submit the cess return along with the Consent application & Regional Officer will send the cess verification together with the Consent cases to the Head Office. The Head Office will decide the consent cases within 21 days from the date of receipt of complete application in head Office from regional Office and in case of any incompletion/shortcoming the same shall be conveyed within 15 days period to the unit. No incomplete consent application be sent to the Head Office and R.O. will be fully responsible for any incompletion in respect of consent cases which are sent by him to the Head Office.
The Regional Officers can utilise the services of field officers of the neighboring Regions mutually for few days in case field officers are not available in one particular region on account of attending Court Cases or otherwise.

Inspection of the units shall be done only once in a year by two officers of the Regional Office after giving advance notice at least 15 days in advance from the date of receipt of service of notice to be ensured as per rules & only yearly inspection to be done except for complaints or in pursuance of the Court matters and specific directions issued by the Head Office. The Board would have no objection, in case any one wants to associate for carrying out inspection of industries. However, no advance notice is required for collection of samples of Water/Air emissions for which proper procedure as per the Water/Air Act be followed and two officers shall collect the samples. Paid samples shall be collected once in a year for which the unit deposit testing charges with the Board. However, legal and monitoring samples shall be collected only on specific directions issued by the Board or in pursuance of court cases or complaint cases.

IV. PERIOD OF GRANT OF CONSENT:
The period for grant of consent has been redefined for each category of industry under the Water and Air Act and the same is given as under:-
S. No. Category Peiord of Consent
(i) Stone Crushers & Hot Mix Plants 1 years
(ii) 17 categories of Large & Medium and SSI units 2 years
(iii) 19 categories of Large & Medium. SSI units and 5 years
other Large & Medium Industries & additional
Polluting Industries (except categories given at
Sr.No.(i) above).
(iv) Industries having no trade effluent or units having 10 years
no air emissions or units where ETP or APCM is not required.

The unit is required to deposit fee for 1,2,5 and 10 years as applicable. In case the industry is not willing to pay consent fee for 2,5 or 10 years it is at liberty to apply for consent for lessor period. In case consent is granted for more than one year the unit will get the samples of effluent and emission tested at least once in year and submit the report to the Head Office.
The unit shall apply for consent in the Regional Office by the date as mentioned in the following schedule:

However, for the current year the non applicant units must apply by 31st August, 1998 otherwise Regional Officer will recommend action against the defaulting units by giving reasoned recommendations. It will be the responsibility of the Regional Officer to get the consent applied from all the units covered under consent management and it will be included in the targets fixed for the Regional Offices. Testing of effluent/air emissions samples for consent shall start from 1st January for the next financial year.

The Regional Officers will send the monthly statement on the standard proforma enclosed at Annexure 'E' and update the information regularly by sending monthly statement on the proforma by 7th of each month to the Head Office which will be discussed in the Regional Officers meeting to be held once in three months. There will be no need to submit an analysis report for small boilers having capacity upto 2 tones per our of steam generation where LDO/HSD is used as fuel provided the unit has minimum stack height of 10 meters. The Ambient Air Quality report s required only in the cases of large and medium units of 17 categories of Industries or where there are specific complaints. In case water is used for cooling purpose and being recalculated completely there would be no requirement of a test report. Further in case there is 25% or more increase in trade effluent discharge quantities then the corresponding figures of the previous year, the unit is required to deposit fresh consent fee. Regional Officers will convene monthly redressel of grievances of Industrial Associations and other concerned departments for the redressel of the grievances of the Industries. Regional Officers will properly guide the industry and play a catalytic role of enforcement of provisions of the environmental laws.

Regional Officers will prepare complete lit of those industries which have not applied for consent and despite of issuance of several notices not installed Pollution Control Measures. The list of such units shall be sent to Director of Industries to circulate amongst members. The list of the defaulter units shall be published in the press.

In case the industry is found to create conditions that generate any type of pollution in excess of the standards or if there is any objection from the surrounding community and if no verification, it is found that such objection has some substance even after grant of NO/Consent by the Board; the Board shall be at liberty to revoke/withdraw the NOC/consent to operate already issued and to take legal action under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 or Environment (Protection) Act, 1986 as considered appropriate.
Endst. No. HSPCB-98/2381-84 Dated: 24.7.98
A copy is forwarded to the following for information and necessary action:

1. Commissioner & Secretary to Government of Haryana, Environment Department.
2. Director Environment Haryana, Chandigarh.
3. Director Town and Country Planning Haryana.
4. Director Industries Haryana.

Scientist -'C'(HQ)
For Administer

Endst. No. HSPCB-98/2385-87 Dated : 24.7.98
A copy is forwarded to the following for information and necessary action:
1. Chairman, Haryana State Electricity Board, Panchkula.
2. Managing Director, Haryana Financial Corporation, Chandigarh.
3. Managing Director, Haryana State Industrial Development Corporation, Chandigarh.

Scientist -'C'(HQ)
For Administer

Endst. No. HSPC/98/2388-2408 Dated : 24.7.98
A copy is forwarded to the following for information and necessary action:
1. All Regional Officers of the Board.
2. All Laboratory Incharges of the Board.
3. All Section Incharges in the Head Office.
4. P.S. to Administrator.
Scientist -'C'(HQ)
For Administer

Endst. No. HSPCB/98/2409-12 Dated: 24.7.98

A copy is forwarded to all the Industrial Associations (PHDCCI, HCCi and FIA etc.) for information and necessary action.

Scientist -'C'(HQ)
For Administer