Haryana Pollution Control Board: Consent, Compliance and Application Guide

The industries/firms operating in the state of Haryana may require consents and authorizations depending on the nature of their activity, the possibility of pollution, the wastes generated, and environmental laws. The Haryana Pollution Control Board manages pollution control with the help of the system of consent, inspection, environmental standards, and waste management authorisations. The requirements of consent will depend on the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981, as per the Haryana State Pollution Control Board (HSPCB). The requirements will vary according to the industry or project concerned. If the idea is to establish an industry in Haryana, the consents and requirements of compliance must be known.

What is the Haryana State Pollution Control Board?

The Haryana State Pollution Control Board is an entity that is in charge of ensuring various pollution control requirements are implemented in the state of Haryana.

The scope of its regulation activities can be outlined as follows, but is not limited to:

• Consents management for applicable industries/projects
• Air pollution monitoring
• Water pollution monitoring
• Industries/projects inspections
• Implementation of the environmental law and rules
• Licensing and registration for waste management
• Compliance monitoring with consent conditions
• Non-compliance actions in cases of non-compliance with applicable environmental requirements

HSPCB inspections include Water Act, Air Act and Environment Protection Act and other applicable regulations.

HSPCB Role in Environmental Compliance

Through the entire lifetime cycle of relevant industrial/commercial activity, the HSPCB acts as a regulator.

This can include, depending on the project/activity:

1. Pollution control category classification.
2. Consent to establish.
3. Consent to operate.
4. Compliance with consent conditions.
5. Inspections and sampling.
6. Waste management activities control through licensing.
7. Non-compliance actions.

It will depend upon the nature of the activities, their scale, the possibilities of pollution and the environmental legislation applicable in the specific industry.

What Is Consent to Establish (CTE)?

Consent to Establish (CTE) is an environmental consent relevant to applicable industries or projects before establishing the unit or undertaking activities covered by the consent framework.

The purpose is to assess whether the proposed activity meets applicable pollution-control requirements before establishment.

An applicant may need to provide information about matters such as:

• Proposed industrial activity
• Location and site details
• Manufacturing or processing activity
• Water consumption
• Wastewater generation
• Air emissions
• Pollution-control equipment
• Waste generation and management
• Other information required for the particular category

HSPCB maintains a formal procedure for obtaining consent under the Water Act and Air Act.

What Is Consent to Operate (CTO)?

Consent to Operate (CTO) applies to the operation of applicable industries or projects after the relevant establishment-stage requirements have been addressed.

The consent can contain conditions relating to pollution control, emissions, effluent, waste management, monitoring and other environmental requirements.

Businesses should review their consent conditions carefully because obtaining consent is not the end of compliance. The unit is generally expected to continue meeting the conditions applicable to its operations.

HSPCB also publishes policies concerning renewal and auto-renewal of consent in specified circumstances.

Categories of Industries under HSPCB

Categorisation is an important aspect since consent requirements will vary according to pollution potential.

Currently, there are categories such as Red, Orange, Green, White, and Blue categorisations for consent management under HSPCB.

The category will depend on the nature and characteristics of the activity and not necessarily the size or name of the industry.

It is therefore important for businesses to check the HSPCB categorisation of their respective activity.

When Might Businesses Need HSPCB Consent?

This will depend on the nature of the proposed activity.

Some examples of where consent may apply are when:

• Industrial waste water generation takes place
• Effluent discharge takes place
• Air emission takes place
• Pollution generating manufacturing process exists
• Equipment or processes requiring consent exist

There are some activities which will require special exemptions and considerations.

Therefore, businesses should not take it for granted that all commercial establishments will require consent.

Application Process for Consent from Haryana State Pollution Control Board

An average consent procedure may have the following stages:

1. Identifying the Relevant Category

First identify the applicable industrial/project category along with the corresponding type of environmental authorization.

2. Identifying the Type of Consent

Depending upon the phase of the project, the applicable requirement may be the consent to establish, operate, or any other type of environmental authorization.

3. Preparation of Information about the Project and Environment

Accurate data about the nature of the industry, location, production, water consumption, emissions, wastewater generation, waste generation and the pollution control measures should be prepared.

4. Submission of the Application

The application should be made using the HSPCB system/process with the necessary information along with payment of the fee.

5. Scrutiny and Inspection

The scrutiny and inspection of the project may be done depending on the case.

6. Compliance with Requests/Queries

The information or clarification requested by the board should be given in accurate form.

7. Grant of Consent/Environmental Authorization

The board will process the application under the law and policy, resulting in granting of consent or environmental authorization, which contains certain conditions to be followed by the unit.

Some Common Compliance Mistakes Businesses Should Avoid

There are some common compliance mistakes that can be minimized with proper planning.

Application for the Incorrect Category

The environmental category must be identified from the process involved and based on the classification under HSPCB rules.

Inconsistencies in the Details Provided

Consistency is expected in the information provided in the application with regards to production, water consumption, waste water, emission and waste details.

Disregarding Consent Conditions

A business should never view the consent form as only registration. There could be ongoing compliance issues arising from it.

Neglecting Renewal/Validity Conditions

A business must always keep in mind the validity and renewal requirements pertaining to its consent and not wait till the last minute.

Assuming That All Industries Are the Same

There are different requirements in different industries and different activities.

Renewal and Requirements

Validity of consent and requirements for renewal are dependent on the kind, nature of the consent and the policy guidelines of HSPCB.

Policies relating to the issue of consent renewal, including automatic renewal of the consent to operate in some instances, are available from HSPCB.

Therefore, companies must take into account the relevant HSPCB board notifications and consent terms prior to applying for renewal or following any other process.

Frequently Asked Questions

Who is the Haryana Pollution Control Board?

The Haryana Pollution Control Board is the pollution control board for the state of Haryana. It implements pollution and environmental control in Haryana.

What is HSPCB consent?

HSPCB consent is the regulation granted to particular industries/projects within a defined pollution control framework. This can be Consent to Establish/Operate.

Is Consent to Establish needed for starting up an industrial unit?

Consent to Establish is usually the establishment stage consent for the activities which fall under the consent regime in question.

What is the difference between CTE and CTO?

CTE stands for Consent to Establish and concerns the establishment of the project/unit in question, while CTO stands for Consent to Operate and covers operation of the concerned activity post-establishment stage.

Conclusion

The Haryana State Pollution Control Board is a significant body when it comes to pollution control and environmental regulations of applicable industries and projects in the state of Haryana.

Businesses need to know their HSPCB category, decide which environmental consent, be it CTE, CTO or something else, needs to be obtained and keep all necessary data updated.

Requirements may differ depending on the industry and the category of project and due to change of regulatory regime.