Delhi Pollution Control Committee Consent

With the expansion of the business industries and flowing foreign investments, India has established its position as one of the fastest-growing developing nations in the world. However, the same has led to severe pollution in the Indian metropolitan cities like Delhi and Mumbai affecting the ecological system. Hence, to establish measures for environmental protection and enforce strict measures for its prevention, the Delhi Pollution Control Committee (DPCC) was formed in 1991. This governing authority is primarily in charge of the approval & supervision of adherence to environmental regulations within the confines of the National Capital Territory (NCT) of Delhi.

Consequently, businesses or industries seeking to initiate operations within the boundaries of the NCT of Delhi shall be required to obtain a NOC including a Consent to Establish (CTE) and Consent to Operate (CTO) depending on the level of pollutants discharged by the establishment or industry.

Authorization for Environmental Clearance: The DPCC authority is accountable for the receipt, consideration, and approval/rejection of the environmental clearance to the projects that carry the potential to generate pollution. The process of approval involves a thorough assessment of environmental impact and the obligation to fulfil certain conditions to mitigate pollution risks.

Authorization of Consent for Establishment and Operations: Likewise, the DPCC is responsible for considering and issuing or rejecting consent to operate in industries and other establishments that have implemented pollution control mechanisms. The committee undertakes a verification process to ascertain the effectiveness of these control measures and ensures their proper maintenance and operation.

Conducting Inspections/Audits: In order to ensure compliance enforced under the guidelines, the DPCC authority carries out surveillance & regular inspections to affirm their adherence to pollution control measures. However, if the establishments are found in non-compliance with the guidelines, the DPCC is also authorized to take the appropriate legal action and enforce penalties.

Supervision and Reporting: The DPCC is also involved in consistent monitoring of pollution levels in Delhi and notifies them to the relevant authorities, compiles annual reports specifying the environmental status, etc. all of which are submitted to the government.

Establishing Pollution Control Standards: The DPCC is also accountable for laying down pollution control standards applicable to industries and other establishments within Delhi. Such standards are periodically reviewed and updated to align with emerging technologies and scientific advancements.

Improvement of Pollution Control Technologies: DPCC actively encourages the implementation of pollution control technologies and extends technical support to industries and establishments for their implementation. Furthermore, the committee promotes the advancement of novel, eco-friendly technologies aimed at pollution management.

The Consent to Establish (CTE), which is provided by the DPCC, stands as a necessary NOC before the commencement of any business or enterprise, as outlined by the Water (Pollution Control & Prevention of Pollution) Act 1974 and the Air (Pollution Control & Prevention) Act 1981.

This authorization, granted by the DPCC, allows industrial and commercial entities in Delhi to initiate construction or establish new operations. The DPCC's issuance of the CTE permit serves to foster sustainable progress by incentivizing the adoption of clean technologies, ensuring that the activities of establishments conform to environmental standards. Furthermore, it encourages businesses in Delhi to uphold environmental regulations and deter the occurrence of pollution.

Hence, the DPCC's Consent to Establish (CTE) permit is obligatory whenever a new venture is initiated or an existing one expands, particularly if it holds the potential to generate pollution. The procedure entails an assessment of the establishment's potential environmental consequences, the submission of a comprehensive project report, and an evaluation of its feasibility.

Upon satisfying the DPCC's environmental criteria, the CTE permit is granted, outlining the requisites for both construction and operation. Failure to secure this permit or negligence in adhering to its conditions can lead to penalties or even legal proceedings.

The CTO, or consent to operate, is a no-objection certificate granted by the Delhi Pollution Control Board authorizing the applicant to operate their business establishment in the union territory of Delhi as well as the adjoining region. The CTE permit ensures that the establishment's construction and operations will not cause significant pollution, and the CTO permit ensures that the establishment's operations comply with environmental guidelines, including appropriate safety & pollution control mechanisms in place.

A comprehensive evaluation of the establishment's pollution control measures by DPCC ensures compliance with environmental criteria, granting a CTO permit after assessing the report, inspection, and ensuring adequate measures. The Consent to Operate (CTO) permit remains valid for five years and necessitates renewal upon expiration.

It's crucial to recognize that the CTO permit follows the acquisition of the Consent to Establish (CTE) permit. After attaining the CTE permit, industrial and commercial entities in Delhi are obligated to secure the DPCC's CTO permit before initiating or sustaining their operations. This CTO permit guarantees the presence of proper pollution control measures and adherence to environmental regulations throughout the establishment's operational phase.

DPCC categorizes industries into four distinct groups based on their potential to induce pollution, which has been stated below:

                                 
Industries falling under the red category: Red category industries, encompassing activities like thermal power generation, chlor-alkali production, integrated iron and steel plants, pesticide manufacturing, fertilizer production, distilleries, and pulp and paper manufacturing, are those that generate more than 1000 kg of hazardous waste per day or consume over 12.5 MT of fuel daily.

Industries falling under the orange category: Industries categorized as orange, which encompass operations like textile dyeing and printing, bulk drug manufacturing, cement plants, foundries, electroplating, and sugar mills, hold a notable potential for pollution. This potential is characterized by generating more than 100 kg of hazardous waste daily or having a fuel consumption exceeding 2.5 MT per day. Moderate pollution control measures are mandated for these industries.

Industries falling within the green category: Industries classified under the green category, which encompasses activities like packaging, labeling, textile processing, printing presses, and paper and pulp manufacturing, generate hazardous waste below 100 kg daily and have a fuel consumption of less than 2.5 MT per day. These industries necessitate fundamental pollution control measures.

Industries Classified as White Category: White-category industries encompass those with the least potential for causing pollution and, hence, do not demand pollution control measures. Such industries involve sectors like software development, BPOs, and call centers.

1. Fosters Sustainable Progress: This entails achieving economic growth while safeguarding the environment and ensuring social fairness.

2. Preservation of Natural Resources: The DPCC also safeguards natural resources, preventing their depletion and maintaining the quality of water and air.

3. Effective Waste Management: Efficient waste management is imperative for safeguarding the environment and ecosystems. DPCC oversees and enforces proficient waste management methods to ensure the reuse and reduction of all types of waste.

4. Raising Consumer Awareness: DPCC also educates the community by encouraging the adoption of practices such as using paper bags, and CFL bulbs, opting for public transportation, and refraining from fireworks. This enhances the environment and leads to an improved quality of life for Delhi's residents.

5. Regulatory Compliance: DPCC introduced the 'Master Plan Delhi 2021' (MPD) and established guidelines for healthcare establishments and industries. These measures aim to curtail environmental pollutants within the Delhi region.

6. Implementation of Energy-efficient Equipment: Transforming workplaces into eco-friendly environments by adopting efficient practices such as solar-powered lighting, transitioning to CNG, replacing incandescent lights with energy-efficient alternatives, and installing low-energy equipment.

It is important to note that document requirements for each category of industry may differ, due to which applicants should either consult the DPCC directly or seek professional guidance to ascertain the specific documents mandated for their projects. Below are the documents typically required for an application with the DPCC (Delhi Pollution Control Committee):

For Consent to Establish:

•  Documents substantiating land ownership or a lease agreement.

• Site layout plan delineating industry location, access route, and machinery layout.
• Environmental Impact Assessment (EIA) report for red and orange category industries.
• Comprehensive project report detailing industry type, proposed activities, and capacity.
• Report elucidating pollution control strategies aimed at minimizing environmental impact.
• No Objection Certificates (NOCs) were obtained from other relevant bodies, such as the fire department, electricity board, and municipal corporation.

For Consent to Operate:

• Copy of the previously acquired CTE.
• Report elucidating the implemented pollution control measures.
• Environmental audit report derived from an independent third-party auditor's assessment.
• NOCs from other relevant authorities, including the fire department, electricity board, and municipal corporation.

1. Step 1: Determine the industry's categorization: An applicant needs to categorize whether his business activity falls under the red, orange, green, or white categories.

2. Step 2: Registration to the DPCC Portal: Create a login ID and password by submitting company details, a mobile number, and an Emai ID. 

3. Step 3: Preparation of the Application: Prepare the applicable forms and formats as prescribed by the DPCC.

4. Step 4: Documents Submission & Fee Payment: Submit the documents online to the DPCC portal and pay the applicable fee.

5. Step 5: Scrutiny of the Application: DPCC officials will verify the submitted documents thoroughly and will revert back if any further clarification is needed.

6. Step 6: Onsite Inspection by DPCC Officials: After document verification, an inspector visits the premises in order to verify the details physically. 

7. Step 7: Grant of Consent: After successful document verification and inspection, the department will issue a certification. 

DPCC Fee Structure

Applicable for Delhi Pollution Control Committee consent to establish and operate varies depending on the category of business activity and overall invested cost, which includes land cost, building cost, plant cost, and machinery cost.

                                

In pursuance of the guidelines, industries categorized as red or orange, as designated by the state pollution control board, are not permitted to receive consent to establish within the confines of the Municipal Corporation limits of the NCT of Delhi, except within officially designated industrial areas or zones:

1. Operating on Unathorized Land: Industries established in areas other than those officially designated or approved will be denied the Pollution Control NOC by the Delhi Pollution State Committee. Moreover, the following entities are ineligible to acquire DPCC consent:

2. Unauthorized Industries: Industries lacking the necessary permits, licenses, or clearances from relevant authorities are ineligible to secure a DPCC NOC.

3. Industries Operating in Residential Zones: Industries functioning in locales specifically demarcated as residential or non-industrial zones by local authorities are ineligible for DPCC NOC.

4. Industries Operating in Eco-Sensitive Zones: Industries operating within regions identified as eco-sensitive zones by the Ministry of Environment and Forests are ineligible to obtain DPCC NOC.

5. Industries Operating in Prohibited Areas: Industries operating within regions designated as prohibited by governmental regulations are not eligible to obtain a DPCC NOC.

6. Industries Operating Without Adequate Pollution Control Measures: Industries lacking sufficient pollution control measures or failing to adhere to environmental regulations are not eligible to obtain a DPCC NOC.

Obtaining the DPCC consent could be a bit challenging due to the complex process of obtaining the documents required and the processes involved. However, with the right amount of guidance and consultation, you could easily acquire the same within the prescribed time. At Agile Regulatory, we are committed to helping budding entrepreneurs by enabling them to acquire business licenses smoothly and carry on their businesses.