Pollution License

Pollution license in Jharkhand-Boiler license in Jharkhand

The Union environment ministry has begun work to ensure greater self-certification and self-regulation by industries. It has also asked state governments to do away with their licensing powers under environmental laws. These changes, the ministry said, were being sought under the National Democratic Alliance government’s plans to provide ‘ease of doing business’ to industry.

A Pollution License/Certificate is a formal written approval from the State Pollution Control Board to establish or operate a business that has the potential to produce pollutants or “commercial waste”.
If you are planning to start a business that has the potential to produce pollutants such as chemical waste, detergents, fly ash, smoke emissions (including cooking fumes), medical waste to name a few – also known as commercial wastewater – you will need to apply to request a State Council to Pollution Control and obtain a pollution license/certificate or approval to incorporate your business. This establishment approval (call it a CTE) must be obtained before construction or other similar activities to incorporate the business can begin. After completing the construction/equipment phase, you must apply and obtain a work permit (CTO). This Technical Director is usually valid for a term of 5 years, which may vary from country to country.
The State Council for Pollution Control Bihar was established in 1974 following the passage of the Water Prevention and Pollution Control Act. The Executive Board derives its constitutional powers from Article 252, Item 1. The Executive Board is headed by the President and assisted by the Secretary. The onboard headquarters is located in Patna. Apart from its headquarters, the Pollution Council has two regional offices in Muzafarpur and Begusarai. A central laboratory and on-board R&D center are also located in Patna.

The group will also look at the categorisation of industries, based on their pollution loads.

Under the United Progressive Alliance government, a working group was formed to look into the revision of pollution categories, along with other issues. However, it had failed to give a report on the matter on time. Now, the government has altered its mandate, asking it to finalise its report. 

What Kind of Industries typically requires Pollution Consent:-

Industry has often complained consent certificates under the air and water Acts have led to a maze of licences at the state level.

Meeting another long-standing industry demand, the central government has also tasked a committee to develop norms through which industries will be able to self-certify and self-regulate their environmental impacts. A working group of pollution control board members have been asked to finalise a report on the matter by this month. The group will come up with norms through which inspection activities of state authorities will be replaced by ‘third-party audits and inspections’. It will also review the frequency with which these inspections are carried out. It has been asked to consider higher penalties against industries providing wrong information through the self-certification regime.

Documents Required for obtaining CTE (Consent to Establish) :

Every application for CTE shall be made in Form II in the case of any industry. This process has been moved online. You can refer to any state’s pollution control Board website. 

Consent fee shall be paid Along with the application, depends on the category of the Industries with the following documents.

  1. Copy of attested Sale Deed /Lease Deed or any other relevant documents as proof to ensure possession of the site/factory for which application is made by the applicant.
  2. Copy of attested Memorandum of Articles in case of Public/Private sectors or registered partnership deed in case of the partnership company
  3. Layout plan showing the location of various process equipments, utilities like boiler, generator etc, effluent treatment plant, outlet location, non-hazardous and hazardous waste storage yard.
  4. Topo sketch showing the distance of water bodies, roads, existing/proposed residential areas, agricultural lands, important religious locations, educational institutions, ancient monuments, archeological places and other sensitive areas for 1 KM. radius from the units.
  5. The detailed manufacturing process for each product along with a detailed process flow chart.
  6. Details of Water Balance and wastewater balance for the process.
  7. Details of Material balance for each product and process.
  8. Land use classification certificate as obtained from CMDA/ DTCP/LPA.
  9. Auditor’s Certificate with break up details for the proposed Gross fixed Assets duly certified by a Chartered Accountant in the prescribed format.
  10. Consent fee under Water and Air Acts payable to the Board.
  11. Ground water clearance obtained from the competent Authority(If applicable).
  12. Sewage Treatment Plant(STP) proposal which must contain details of design characteristics of sewage, treatment methodology, mode of disposal, design criteria for various units, detailed drawing of STP and its layout, a diagram showing the hydraulic profile and mode of disposal of treated sewage and its adequacy(If applicable).
  13. Effluent Treatment Plant (ETP) proposal which must contain details including breakup quantity of water requirement with sources, breakup quantity of trade effluent, sources of trade effluent, characteristics of wastewater, treatment methodology, mode of disposal, design criteria for various units, detailed drawing of ETP and its layout, diagram showing the hydraulic profile and mode of disposal of treated effluent and its adequacy (If applicable).
  14. Air pollution control (APC) measures proposal which must contain the details regarding fuels used, sources of emission, characteristics, concentration and quality of pollutant, proposal along with design criteria and drawing for the proposed APC measures, adequacy of APC measures and stack, odour/noise-causing operations and its specific odour/noise control measures(If applicable).
  15. In the case of hazardous chemicals used as raw materials, the Material Safety Data Sheets (MSDS) should be enclosed for each and every item. If the quantity of the hazardous chemicals handled is more than the threshold limit, the unit shall furnish any one or combination of the following documents as required under the MSIHC Rules (If applicable).: Risk assessment report/Onsite emergency preparedness plan/Off-site emergency preparedness plan.
  16. In the case of transport of hazardous chemicals, details of chemicals transported, method of transport and its safety measures (If applicable).
  17. Industries attracting EIA Notification shall submit Environmental Clearance obtained from the MOEF/SEIAA along with the Environmental Impact Assessment Report (If applicable).
  18. CRZ clearance obtained from the competent Authority (If applicable).


Q-1 . What role does SPCB play in environmental protection and pollution control?

SPCB being the chief regulator for implementation of environmental protection and pollution control in the State, plays an important role in securing sustainable development by enforcing various laws, rules, regulations notifications etc. pertaining to prevention and control of pollution. It is also responsible for monitoring of pollution and for preventive and curative action.

Q-2 . Where does one complain against a polluting unit ?

Complaint about violator of pollution control laws can be brought to the notice of the Regional Office of SPCB, Head Office of SPCB  or to the State Government.

Q-3 . What are the powers vested with SPCB?

SPCB is vested with powers to stipule standards for discharge / emissions of pollutants, to stipulate conditions to prevent & control pollution, to inspect & monitor sources of pollution, to issue notices and closure orders to the non-complying industries.

Q-4 . Who prescribes the standards for pollution control?

The standards are prescribed by the Ministry of Environment & Forest, Central Pollution Control Board and State Pollution Control Board.

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