Delhi Pollution Control Committee (DPCC) Consent to Establish and Operate

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.

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 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.

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 encompasses operations like textile dyeing and printing, bulk drugs 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, labelling, 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 centres.

Step 1: Determine Industry's Categorization
 

Step 2: Registration to DPCC Portal 
 

Step 3: Preparation of the Application
 

Step 4: Documents Submission & Fee Payment
 

Step 5: Scrutiny of the Application
 

Step 6: Onsite Inspection by DPCC Officials
 

Step 7: Grant of Consent 

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:

Operating on Unathoruzed 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:

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

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.

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.

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

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 DPCC NOC.

Obtaining the DPCC consent could be a bit challenging due to the complex process of 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 business.