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Pollution Consent

The new units are forced to obtain consent under the Water Act, of 1974 and Air Act, of 1981 even before starting subsequent production.

In case the unit is covered under Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, E-Waste (Management) Rules, 2016, Plastic Waste Management Rules, 2016, and Bio-Medical Waste Management Rules, 2016, it shall simultaneously apply for the grant of consent under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.

Types:

Under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, “any industry, operation or process or an extension and addition to it, which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air pollution into the atmosphere will have to obtain the Consent”

There are two types of Consent i.e. Consent to Establish (CTE), and Consent to Operate (CTO).

  1. Consent to Establish: This consent is required to be obtained before establishing any Industry, Plant, or Process. The Consent to Establish is the immediate clearance.
  2. Consent to Operate: Once the Industry, Plant, or Process is established according to mandatory pollution control systems, the units are required to obtain consent to operate.

All the industrial sectors/projects have been categorized under Red, Orange, Green, and White categories based on their pollution potential and range of pollution index for the purpose of consent management under the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.

The process for obtaining consent to establish and to operate involves making an application to the respective State Pollution Control Board along with required documents and scrutiny fees using the online portal of the State pollution control Board (Online consent management).

It’s followed by physical scrutiny of the location and assessment of the environmental management system planned to meet the mandatory requirement prescribed by the State Pollution Control Board.

While every state has its specific requirement, the following set of documents are usually required across every state for seeking consent under Water Act, 1974, and Air Act, 1981.

Consent to Establish:

  • Site Plan/Location Plan of the industry
  • Detailed Project Report which includes the details of raw material, product to be manufactured, the capital cost of the unit (land, building, and plant machinery), water balance, source of water, and its required quantity
  • Land documents such as Registration deed/ Rent deed/Lease deed
  • Details of Water Pollution Control/Air Pollution Control instruments
  • MOA/Partnership Deed

Consent to Operate:

  • Copy of last consent issued
  • Layout plan showing the details of all manufacturing processes
  • Latest analysis report of solid waste, effluent, hazardous wastes, and fuel gases
  • Copy of balance sheet duly attested by CA or CA certificate
  • Detail of land in case the effluent is discharged on land for percolation
  • Occupation certificate issued by Town & Country Planning Department, in case of Building & construction projects/area development projects.
  • MOA/Partnership Deed

Generally, Consent to Establish is a one-time activity. The State Pollution Control Board issues it for 3 to 5 years. In case the project proponent required an extension of the period, the entrepreneur can apply for an extension basis the requirement.

Consent to operate remains valid for a period of 5, 10, and 15 years according to the red, orange, and green categories of the industry respectively.

The industry/project proponent intending to renew the Consent to Operate shall apply through OCMMS (Online Consent Management & Monitoring System) before the expiry of the period of the previous Consent to Operate permitted by the State Pollution Control Board.

In some states, there is the provision of Auto Renewal in the cases where there isn’t any change in their raw material, process, product, increase in overall capital investment cost, and machinery. The production capacity and pollution load of the unit remain the same as declared in the original application for Consent to Operate.

Exemption:

The industrial units/projects covered under the white Category are exempted from Consent Management for obtaining CTE and CTO under Water Act, 1974, and Air Act, 1981, and any other units not covered under the Red, Orange, and Green categories.

Penalty:

If any Industry/Plant/project operates without obtaining Consent, the entrepreneur shall be liable for imprisonment for a term which may extend to three (3) months or with a fine which may extend to ten thousand rupees (INR 10,000) or with both.

Legal Metrology Data

The Legal Metrology Act defines certain standards and regulations on the selling and distribution of packaged goods. This act also covers imported goods. To conduct your business operations in an efficient & smooth manner and to establish consumer or buyer rights protection, you need to comply with the Act.

  • If you fail to comply with the legal metrology and measurement system, your business might attract heavy fines and punishment. This might damage the overall performance of your business and cause you financial prejudice. Your brand name in the market may suffer from consumers losing confidence in your products.
  • As one of the renowned legal metrology weights & measurement consultants, we can help you comply with all the basic requirements and keep up with the complex ones as well.
  • Any transaction of goods, class of goods, or undertakings shall be made by such weights, measures, or numbers according to this Act.
  • A product shall be packaged is in specified standard quantities or numbers and bears thereon such declarations and particulars in such manner as may be prescribed.
  • As one of the renowned legal metrology weights & measurement consultants, we can help you comply with all the basic requirements and keep up with the complex ones as well.

Legal Metrology under LMA or Legal Metrology is a regulation that watches over the quantitative aspects of all products manufactured or imported in India. If the products meet the standards mentioned in the said act, they are allowed to be manufactured or imported.

Packer License

Also known as the Packer Manufacturer License, it’s a certificate that defines how you will label the package of your products. It’s a license required for every product, regardless of its nature, manufactured in or imported to India. 

Model Approval

The Legal Metrology Act is used through Model Approval to certify the weights and measuring products manufactured or imported into India.

Legal Metrology Certificate

You must obtain this certificate for manufacturing weights and measuring products in India. Unless your product meets the LMA standards, you won’t get the right to sell it. 

Dealer Certification

If you’re neither the manufacturer nor the importer of the weights and measuring products but are a distributor or seller, you need dealer certification in India. 

Importer Registration

Section 19 of the Legal Metrology Act 2009 says that those who wish to import weights and measuring products in India must obtain importer registration. 

  • Business Entity Proof
  • ID proof
  • Sample of the Product
  • Duly-filled Application form
  • Test Report
  • Receipt of the Application Fee

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