Delhi Pollution Control Committee - Overview

Under Section 4 of the Water (Prevention & Control (P & C) of Pollution) Act, 1974 and Section 6 of the Air (Prevention & Control of Pollution) Act, 1981, the CPCB is authorised to perform the functions of the State Pollution Control Board (SPCB) for all Union Territories (UTs). However, the said Acts allow CPCB to delegate all or any of its functions and powers of a State Board in a UT to such body of person or an individual as the Central Government specifies. Thus, the CPCB has delegated all its powers and functions to the Delhi Pollution Control Committee as a State Board regarding the UT of Delhi, as mentioned by the Central Government in March 1991. However, this committee has been reconstituted on 14th June 2002. Read on to know the complete details here.

Functions of Delhi Pollution Control Committee (DPCC)

Under the Acts mentioned above and the Rules, the main tasks of the DPCC mentioned by GoI are as follows.

• i. Advise the Delhi Government on controlling and preventing water and air pollution and improving air quality.
• ii. Organise a comprehensive awareness programme through mass media on the control, prevention, or reduction of water and air pollution.
• iii. Compile, collect and publish technical and statistical information concerning water and air pollution, along with the measures devised for effective control, prevention, or reduction.
• iv. DPCC is responsible for preparing codes, manuals and guidelines concerning trade effluents and sewage treatment and disposal and for stack gas cleaning stacks, devices and ducts.
• v. Disseminate information concerning water and air pollution and their control and prevention.
• vi. Frame standards for treating sewage and trade effluents and for emissions from industrial plants, automobiles, and other polluting sources.
• vii. Develop economically viable and reliable treatment methods for trade effluent, sewage and air pollution control devices.
• viii. DPCC monitors the quality of ambient water and air and inspects air pollution control equipment, wastewater treatment installations, industrial plants or manufacturing process to evaluate their performance and take steps to control, prevent and reduce air and water pollution.
• ix. Issuance of the DPCC Consent Certificate (CTE and CTO) to the industries falling in conforming areas under the Orange and Green categories.
• x. Issuance of authorisation to the clinics, hospitals, animal clinics, blood banks, etc.

Functions and activities of Consent Management Cell

Under the norms of the Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974, any operation, industry, process or an extension and addition to it which is expected to discharge trade effluent or sewerage into the environment or likely to emit any air pollution into the atmosphere must obtain the consent of the SPCB, i.e. DPCC in case of Delhi Consent Management Cell (DCMC) of DPCC issues and processes the consent considering the other applicable pollution control rules/laws.

1. The function of the Consent Management Cell is enforcement of the following -

• Bio-medical Waste Management Rules,2016
• Pollution Control Acts & Rules
• HOWM Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
• Construction and Demolition Waste Management (C&DWM) Rules, 2016
• E-Waste(Management) Rules, 2016
• Plastic Waste Management Rules, 2016
• Solid Waste Management Rules, 2016

2. To streamline the disposal and processing of the consent applications received under the said acts and the Hazardous Waste Authorisation, DPCC gradually frames policies and issues necessary office orders. Further, following the instructions issued by the Chairman, CPCB of Water & Air Act concerning the industries categorisation and decisions taken by DPCC in the Board meeting, the following is ordered -

• The industries in Delhi are classified in the Orange/Red/Green/White category according to the list, stating the classification of 637 industries as uploaded on the website of DPCC.
• The industries categorised under the white category are not mandated to obtain the Consent to Establish (CTE)/Consent to Operate (CTO), submit an undertaking to DPCC online. They must send the signed copy within one month to the committee.
• The industries under the Orange, Red and Green categories must only apply for CTE/CTO. The period of CTE is from one to seven years, as asked by the Project Proponent. However, the CTO or its renewal is granted for five years in the Red/Orange Category and ten years in the case of the Green category of Industries.
• The consent under said Acts and Registration/Authorisation under the applicable rules must be decided by the following:
• Category II(a) cases by the committee leaded by Chairman DPCC
• Category II(b) cases by the committee leaded by Member Secretary, DPCC
• Category I cases by the designated Sr. Env. Engineer/Cell in-charge
• v. The negative/prohibited list of Industries stated in "Annexure-7.0 (III)" of the Master Plan for Delhi-2021 are not allowed in the NCT of Delhi. Therefore, applications for Authorisation/Consent registration must not be accepted from such units.
  

  Category	Classification	Timeline	Remarks
  II(a)	Activities/Processes which require installation of the pollution control device(s) for controlling pollution in effluent/emission in respect of (a) STPs/SPIs of Delhi Jal Board, WTPs of DJB, CETPs/Power Plant/MSW Plants etc.	Within one month from the date of receiving the application.	Inspection is mandatory before the case is placed before the committee.
  II(b)	Activities/Processes other than those falling under clause II(a)	Within one month from the date of receiving the application.	Inspection post or pre-decision as may be ordered by the committee.
  I	Activities under the Green Category except for activities/processes which require installation of the pollution control devices (s) such as Emission control system (ECS) or Sewage Treatment Plant(STP)/Effluent Treatment Plant (ETP)/Ready Mix Concrete Plants(RMCs).	Within one week from the date of receipt of the application.	The application shall be decided within seven days from the date of receipt itself, except where there is ambiguity concerning classification, which needs clarity /examination.

  
  
• vi. The categorisation of any new industrial activity is done by the existing committee for harmonisation of classification of the industries with the approval of the Chairman and MS, DPCC, and the list mentioned above must be appended accordingly.
• vii. It is mandatory to apply for consent via DPCC online portal, and the unit must send by post a hard copy of the application along with the required documents to the committee.
• viii. DPCC must receive an consent application and authorisation from the areas mentioned for redevelopment under MPD – 2021.
• ix. Delhi Pollution Committee must also accept online applications for registration under the PWM Rules 2016.
• x. Authorisations are issued under the norms of HOWM Rules, 2016, for the HW-producing plants.
• xi. The Competent Authority or Consent Management Committee (CMC) instructs to conduct the inspection.
• xii. CMC also guarantees all industrial units adhere to the pollution control norms.
• xiii. A CTO is granted once the industrial unit has obtained CTE.
• xiv. Redressal of public complaints received via web portals of PGMS.
• xv. Listening to posts of GMS, LG, CP Grams etc., according to the policy.
• xvi. Household industries must obtain a No Objection Certificate (NOC) from the high-powered committee formed under the Chairmanship of Commissioner and Department of Industries and Government of Delhi about the Honorable Supreme Court orders.

Delhi Pollution Control Committee (DPCC) Consent Policy

The various provisions under Air and Water Acts concerning DPCC Consent are as follows:

1. As per Section 19(2) of the Air (Prevention & Control of Pollution) Act, 1981, the state government can, after consultation with the state board can -

Alter any air pollution control area, whether using reduction or extension:

Declare a new air pollution control area in which one or more existing air pollution control areas can be merged or any part or part thereof.

2. Section 21 of the Air Act:

• i. Subject to the provisions of this section, no person must, without the earlier consent of the state board, operate or establish any industrial plant in an air pollution control area: Given that a person running any industrial plant in any air pollution control area, immediately before the start of section 9 of the Air (P & C of Pollution) Amendment Act, 1987, for which no state board consent certificate was compulsory before such commencement, can continue to do so for three months from such commencement or, if he has applied for such consent within the said period, till such application gets disposed.
• ii. An consent application under sub-section (1) must be accompanied by such fees as prescribed. It must be made in the prescribed form. It must contain the details of the industrial plant and such other particulars as may be specified: Given that where any person, immediately before the declaration of any area as an air pollution control site, operates in such area any industrial plant, such person must apply under this sub-section within such period (being not less than three months from the date of such declaration) as may be suggested, and where such person applies, he must be deemed to be operating such industrial plant with the state board consent until the consent applied for has been refused.
• iii. The state board (DPCC) can inquire as it may deem fit concerning the application for consent referred to in subsection (1) and, in making any such inquiry, must follow such procedure as may be prescribed.
• iv. Within four months after receiving the application for consent referred to in subsection (1), the state board must, by order in writing, [and for reasons to be recorded in the order, issue the consent applied for subject to such conditions and for such period as may be mentioned in the order, or refuse consent: Given that it must be open to the DPCC to cancel such consent prior to the expiry of the period for which it is issued or refuse further consent post such expiry if the conditions subject to which such consent has been issued are not fulfilled: Given further that before cancelling or refusing a consent under the first provision, a reasonable chance of being heard must be given to the person concerned.

3. Every person to whom the state board has issued consent under sub-section (4) must comply with the following conditions, namely -

• the existing control equipment, if any, must be replaced or modified as per the instructions of the Delhi Pollution Control Committee;
• the control equipment of such specifications as the state board may approve on this behalf must be operated and installed in the premises where the facility is operating or suggested to be operating;
• the control equipment mentioned in clauses (i) or (ii) must be kept at all times in good working condition;
• chimney, wherever compulsory, of such specifications as the DPCC approves on this behalf must be erected or re-erected at such locations;
• such other conditions as the State Board may specify on this behalf; and
• the conditions mentioned in clauses (i), (ii) and (iv) must be adhered to within such period as the state board specifies on this behalf.

4. If, because of any technological improvement or otherwise, the state board believes that all or any of the conditions mentioned in sub-section (5) need modification (including the change of any control equipment, either in whole or in part), it will, after allowing the person to whom consent has been issued an opportunity of being heard, modify all or any of such conditions. Also, thereupon such a person is bound to comply with the requirements as so modified.

5. Where a person to whom the DPCC consent certificate has been granted transfers his interest in the sector to any other person, such consent must be deemed to have been issued to such other person. Thus, he is bound to adhere to all the norms subject to which it was issued as if the consent was given to him originally.

6. In the exercise of the powers granted by sub-section(1) of Section 19 of the Air (P & C of Pollution) (UTs) Act, 1981 (14 of 1981) and rule 8 of the same rules, 1983, the Central Government after consultation with the central board for the P & C of water pollution, now announces the whole of the UT of Delhi, as air pollution control site.

7. Water (P & C of Pollution) Act, 1974

• Subject to the norms of this section, no person must, without the earlier state pollution control board consent -
• (a) establish or follow any measures to establish any industry, process or operation/any treatment and disposal system/an extension or addition to it, which is anticipated to discharge trade effluent or sewage into a well/stream/sewer/on land; or
• (b) bring into use any modified or new outlets for sewage discharge; or
• (c) start to make any new sewage discharge; Given that a person in the process of taking any steps to establish any operation, industry, or process immediately before the starting of the Water (P & C of Pollution) Amendment Act, 1988, for which no consent was mandated earlier to such commencement or, if he has applied for such consent, within three months, till the disposal of such application.
• An application for a DPCC consent certificate under sub-section (1) must be made in such form, have such details and be accompanied by such fees as recommended.
• The state board can inquire concerning the application for a consent mentioned in sub-section (1) and follow the recommended process while inquiring.

8. The state board can-

A. grant its consent mentioned in sub-section (1), subject to such conditions as imposed, being -

• in cases mentioned in clauses (a) and (b) of sub-section (1) of section 25, norms as to the point of sewage discharge or as to the use of that or any other outlet for sewage discharge;
• in the case of a new discharge, norms as to the composition, nature, temperature, rate or volume of effluent discharge from the premises or land from which the discharge or new discharge is to be made; and
• that DPCC consent certificate is valid for such period as may be mentioned in the order, and any such conditions imposed must be binding on any person setting up or following any measures to establish any operation, industry, process, treatment and disposal system or extension or addition to it, or using the new or modified outlet, or releasing the effluent from the premises or land; or
• deny such consent for grounds to be recorded in writing.

9. Where, without the SPCB NOC, any industry operation/process/treatment and disposal system/any extension or addition to it, is set up, or any measures for such facility are followed or a new or modified outlet is used for the sewage discharge or a new sewage discharge is made, the SPCB can serve on the person who has set up or followed steps to establish any operation/facility/process/treatment and disposal system/any extension or addition to it, or utilising the outlet, or making the discharge, as the case may be, a notice levying any such norms as it might have charged on an application for its consent concerning such outlet, establishment, or discharge.

10. Every state board must maintain a register having info or conditions levied upon under this section. So much of the register as relates to any outlet/effluent from any premises or land must be available for inspection at all reasonable hours by any affected or interested person by such land/outlet/premises, as the case may be, or by any person authorised by him in this behalf and the norms so mentioned in such register must be conclusive proof that the consent was issued subject to such conditions.

11. Unless refused or granted previously, the consent mentioned in sub-section (1) must be deemed to have been granted unconditionally on the expiry of four months of making a complete application on this behalf to the state board.

Note: In this section -

The "new or altered outlet" is any outlet that is partly or wholly constructed on or after the commencement of this Act or which (whether so built or not) is majorly modified after such commencement;

Also, "new discharge" is a discharge that is not, concerning the temperature, nature, composition, rate and volume of effluent discharge, substantially a continuation of a discharge made within the preceding year (whether by the different or same outlet), so however that a discharge which is otherwise a continuation of earlier discharge made as aforesaid must not be deemed to be a new discharge because of any reduction of the temperature/volume/rate of effluent discharge as compared to the earlier discharge.

Policy for grant of DPCC consent certificate and authorisation

To streamline the disposal/processing of the DPCC consent applications received and authorisation under the HOWM Rules, 2016, the committee is gradually framing policies and issuing necessary office orders.

Consent to Establish (CTE)/Operate under Air & Water Acts

Consequent upon the instructions issued by Chairman, CPCB regarding the classification of industries and decisions taken by DPCC in the Board meeting, the following is ordered -

• The industries in Delhi have been grouped into the Red/Orange/Green/White category according to the list, stating the classification of industries as uploaded on the DPCC website.
• The industries categorised under the White category are not needed to obtain the CTE/CTO and submit an undertaking to DPCC online.
• The industries categorised under the Red, Orange and Green categories are only mandated to apply for CTE/CTO. The period of Consent to Establish is from one to seven years, as requested by the Project Proponent. However, the CTO/Renewal is granted for five years in the Red/Orange category and ten years in the case of the Green category of industries.
• The DPCC consent certificate and Registration/Authorisation under the applicable rules must be decided by the following:
• Category II(a) cases by the committee led by Chairman DPCC
• Category II(b) cases by the committee led by Member Secretary, DPCC
• Category I cases by the designated Sr. Env. Engineer/Cell In-charge
• The negative/prohibited list of Industries stated in "Annexure-7.0 (III)" of the Master Plan for Delhi-2021 are not allowed in the NCT of Delhi. Thus, applications for Consent/Authorisation registration will not be accepted from such units.
• The categorisation of any new industrial activity must be done by the existing committee for harmonisation of the classification of the industries with the approval of the Chairman and MS, DPCC, and the list mentioned above must be appended accordingly.
• It is compulsory to apply for DPCC consent online. Also, depositing a hard copy with the committee is unnecessary.
• The committees decide online in their meetings.
• DPCC receives applications for consent and authorisation from the areas notified for redevelopment under MPD-2021, according to the official orders.
• DPCC also accepts registration applications online under the PWM Rules 2016.
• Authorisations under the norms of HOWM Rules, 2016, for the hazardous waste-producing plants are pending because of the Honorable National Green Tribunal (NGT) instructions regarding CETPs and TSDF.
• Meetings of the two committees for deciding the DPCC consent certificate and authorisation are held regularly. Moreover, the concerned CMC implements the decisions taken.
• Inspection is conducted on the instructions of the competent authority or the CMC. The concerned CMCs must upload the inspection report online within one day.
• DPCC CTO is issued once the facility has obtained CTE.
• Redressal of public complaints received online via PGMS's websites. Listening to posts of GMS, LG, CP Grams etc., according to the policy.

Units operating in non-conforming/residential areas

According to the criteria given in MPD-2021, household industries must obtain a No Objection Certificate (NOC) from the high-powered committee formed under the Chairmanship of the Department of Industries, Commissioner of Industries and Government of Delhi about the Honorable Supreme Court orders.

Authorisation under the HOWM Rules, 2016

According to rule 6 of the Hazardous and Other Wastes (Management & Transboundary Movement) (HOWM) Rules, 2016, as amended gradually, every occupier of the facility, generation, handling, collection, packaging, storage, transportation, use, treatment, recycling, processing, recovery, pre-processing, co-processing, offering for sale, utilisation, transfer or disposal of the HW and other wastes must obtain a consent from DPCC.

Authorisation under Bio-Medical Waste Management Rules, 2016

• For deciding applications for authorisations under Bio-medical waste management rules and consents concerning healthcare establishments/hospitals/nursing homes etc., having bed strength of less than 51 beds, including Path Labs, Diagnostic Centres etc., authorisation and CTE and CTO under the said rules are decided by the concerned branch in charge.
• Healthcare establishments/hospitals/nursing homes etc., have a bed strength of over 50 beds, including Path Labs, Diagnostic Centres etc. Specific committees decide DPCC CTE, CTO and authorisation under the said rules.

Authorisation under Solid Waste Management (SWM) Rules, 2016

• Every Municipal Authority/Local Body (LB) must, within its territorial area, be responsible for implementing the norms of the SWM rules. Also, any infrastructure development for storage, collection, segregation, transportation, disposal, and processing of municipal solid wastes must apply in Form - I for a grant of authorisation for establishing a waste processing facility (such as a food recycling plant) if the volume of waste exceeds five metric tonnes daily including sanitary landfills from DPCC.
• Owners of the E-waste dismantling plants must apply for authorisation in Form - IV in DPCC under EWM Rules, 2016. The dismantlers must also obtain DPCC consents (CTE and CTO) in the green category.
• EPR authorisation for refurbisher can be obtained in Form - I to DPCC under EWM Rules, 2016 and also has to obtain CTO and CTE in the green category.

Fee structure

Fee structure for DPCC consents certificates (CTE and CTO) for all housing complexes, industrial units, commercial complexes, and office complexes such as infrastructural, IT and Town Development Projects, or Consent to Operate, Consent to Establish and Authorisation for Bio-medical Waste Management under the associated rules for healthcare establishments and for authorisation under HWM Rules are given at the official website of DPCC under Consent Policy.

Documents required for DPCC Consent Certificate / Authorisation / Registration

• Copy of PAN Card of the Proprietor/Industrial Unit/HCU granted by Income Tax (IT) Department except for Govt. Owned/PSU agencies
• Proof of possession of plot/allotment letter/leased deed/Sale Deed etc.
• Valid rent agreement
• Original authorised letter except in case of the individual proprietary concern
• Certificate in original from a Chartered Accountant (CA)
• Proof of conformity with the proof of conformity with provisions of the Master Plan of Delhi from the concerned authority/local body
• Copy of valid license from concerned Municipal Authority
• Authenticated map issued by Industries Department for concerned Redevelopment Area indicating the location of the unit in the map (regarding unit falling within the boundary of the notified Redevelopment Area)
• Certificate (in original) from Industries Department, Govt. Of NCT of Delhi regarding the location of the unit within the boundary of the notified
• Any one of the documents as proof of establishment date -

• (a) Any order/direction by DPCC

• (b) Municipal Corporation License

• (c) Registration under the Factories Act

• (d) BIS License

• (e) Sales Tax Registration of the unit

• (f) Income tax return of the industry

• (g) Permanent SSI registration

• (h) Excise registration for manufacturing

• (i) Drug license if the unit is manufacturing item covered under Drug Act

• (j) Manufactures certificates in case of household electrical appliances

• (k) Landline telephone bill in the name of the unit

• (l) Power bill in the name of the unit

• Copy of CETP membership/copy of the receipt of payment made to CETP Society
• Power sanction letter/bill to the unit indicating the energisation date
• Water sanction letter /bill to the unit indicating the initialisation date
• Sanction Building Plan issued by MCD/DDA/any Govt. Agency along with a copy of Environmental Clearance
• Completion Certificate issued by MCD/NDMC/DDA/concerned agency
• MCD License
• In the case of rented sites, an affidavit from the landlord
• Copy of lease agreement
• Registration under SSI/CST/VAT

Frequently Asked Questions