Haryana State Pollution Control Board (HSPCB) - Overview

The Haryana State Pollution Control Board (HSPCB) was formed in 1974 after enacting the Water (Prevention & Control of Pollution) Act 1974. The board aimed to preserve the water quality. Subsequently, with the enactment of other environmental compliances, the responsibility to implement the norms of such laws in the state was also entrusted to the board. It was also responsible for issuing HSPCB consent certificates to any commercial activity, be it for mining, industrial or infrastructure purposes. Read on to know the complete details.

Laws enacted by the Parliament of India

The Parliament of India has enacted the following laws to have uniform laws all over India for various environmental issues endangering the safety and health of people, flora and fauna and also to check environmental degradation -

• The Air (Prevention & Control of Pollution) Act, 1981, as amended to date
• The Water (P & C of Pollution) Act, 1974, as amended to date
• The Public Liability Insurance Act, 1991, as amended to date
• The Environmental Protection Act, 1986, as amended to date
• Needless to say, the Govt. of Haryana abides by the laws mentioned above to control environmental pollution in the state. Moreover, the Ministry of Environment, Forest and Climate Change (MoEF&CC) has also framed the following rules for managing Bio-Medical Waste, Hazardous Waste, Municipal Solid Waste, Recycled Plastic, Control of Noise Pollution, Used Batteries and Protection of the Ozone Layer under the norms of the Environment (Protection) Act, 1986.
• The Hazardous and Other Waste (HOWM) (Management & Transboundary Movement) Rules, 2016, as amended to date
• The Use, Manufacture, Import, Export and Storage of Hazardous Micro Organisms, Genetically Engineered Cells OR Organisms Rules, 1989
• The Storage, Manufacture and Import of Hazardous Chemical Rules, 1989, as amended to date
• The Plastic Waste Management (PWM) Rules, 2016, as amended to date
• The Bio-Medical Waste Management (BWM) Rules, 2016, as amended to date
• The Solid Waste Management (SWM) Rules, 2016, as amended to date
• The Construction & Demolition Waste Management (C&DWM) Rules, 2016
• The Noise Pollution (Regulation & Control) Rules, 2000, as amended to date
• The E-Waste (Management) (EWM) Rules, 2016, as amended to date
• The Ozone Depleting Substances (Regulation) Rules, 2000, as amended to date
• The Batteries (Management & Handling) Rules, 2001

Objectives of the Haryana State Pollution Control Board (HSPCB)

• Guarantee that the discharge of untreated city sewage does not pollute natural waters.
• Control pollution at the source due to techno-economic feasibility for liquid effluents and gaseous emissions.
• Minimise pollution control needs by judicious sites of new industries and relocating industries wherever required.
• HSPCB maximises the recycling/reuse of trade effluents and sewage and uses the treated effluent on land for irrigation and industrial purpose after appropriate treatment.
• The functions are guided towards effectively controlling air and water pollution and restoring and maintaining the water quality for various designated air uses.

Strategy of HSPCB

• Identify pollution sources and start follow-up action for pollution control, prevention, and abatement.
• To deal with highly polluting industries, river stretches and areas of the state on a priority basis for pollution control.
• To be aware of environmental pollution by educating the general public and local authorities of the industry.
• HSPCB aims to convince local bodies/industries to implement preventive measures for pollution control.
• To promote assistance and measures via guidelines, incentives, development of cost-effective technologies and coming up with demonstration plants.
• To strengthen the capacities for pollution control via laboratory development and training along with strengthening infrastructure and workforce.

Functions and Responsibilities of the Haryana State Pollution Control Board

• To come up with a comprehensive program for the control, prevention, or reduction of pollution of streams, wells and air in the state and to secure the execution thereof.
• To advise the state government on pollution control, prevention, or abatement.
• Haryana State Pollution Control Board aims to disseminate and collect pollution prevention, control, or reduction information.
• Conduct, encourage and partake in investigations and research related to problems of pollution control, prevention, or abatement problems.
• To associate with the Central Board in organising the training of persons involved or to be engaged in programs related to the control, prevention or reduction of pollution and to organise mass education programs relating to it.
• To modify, establish, or annul effluent standards for the trade effluents and sewage and for the quality of receiving waters resulting from effluent discharge and to classify waters of the state.
• To inspect trade effluents or sewage works and plants for the treatment of trade effluents and sewage and to review specifications, plans, or other data related to treatment plants and the system for sewage disposal or concerning the grant of any consent as needed by this act.
• To evolve reliable and economical methods of treatment of trade effluents and sewage related to the peculiar conditions of climate, soils and water resources of different areas and, more significantly, the prevailing flow characteristics of water in wells and streams, which render it impossible to achieve even the minimum degree of dilution.
• HSPCB aims to evolve methods of utilisation of suitable trade effluents and sewage in agriculture.
• To evolve efficient methods of trade effluents and sewage disposal on land, as are mandatory because of the prevailing conditions of little stream flows that don't offer the minimum degree of dilution for a significant part of the year.
• To establish standards of sewage and trade effluent treatment to be discharged into any specific stream considering the tolerance limits of pollution permissible in the water and minimum fair weather dilution available in that stream after the discharge of such effluents.
• To vary, make, or revoke any order:-
• (i) for the control, prevention, reduction, or discharge of waste into wells or streams;
• (ii) needing any person concerned to build new systems for sewage and trade effluents disposal, alter, modify, or extend any existing system, or adopt such remedial measures as required to control, prevent, or abate water pollution.
• Haryana State Pollution Control Board intends to set effluent norms to be complied with by persons while causing sewage discharge or sludge or both and to modify, set, or annul sewage and trade effluent standards.
• To issue Hazardous Waste Authorisation.
• To issue Bio-Medical Waste Authorisation.
• To implement the norms of noise pollution rules.
• To implement the norms of other rules above.
• To implement the norms of Control of Solid Waste Management.
• To advise the Haryana Government regarding the location of any industry which is likely to pollute a well/stream/suitability of any site or premises or any industry which is expected to cause air pollution.

Procedure to Obtain HSPCB Consent Certificate

In pursuance of the norms of sections 25, 26 and 27 of the Water (P & C of Pollution) Act and section 21 of the Air (P & C of Pollution) Act, 1981, as amended gradually and approved by the board in its 178th meeting, following is the revised comprehensive procedure for granting the consent to establish (CTE) and consent to operate (CTO) by HSPCB. The process is devised after gradually including all the policy instructions, orders and new categorisation of Non-Industrial Sector/Industrial/Project/Unit issued by the Haryana State Pollution Control Board.

Extended producer responsibility (EPR) is the responsibility of any producer of packaging products like tin, plastic, glass and corrugated boxes, etc., for environmentally sound management, till the end-of-life of such items.

1. General Provisions

1. All the Non-Industrial/Industrial Sector/Projects/Units are categorised under Orange, Red, Green and White categories depending on their pollution potential and range of pollution index for consent management under the said Acts on the instructions of CPCB (Central Pollution Control Board).

2. The Non-Industrial/Industrial Sector/Project/Unit categorised as Orange, Red and Green are covered under consent management for obtaining an HSPCB consent certificate in advance.

3. The Non-Industrial/Industrial Sector/Project/Unit in the white category is exempted from obtaining CTE and CTO. Also, there is no need for getting the SPCB NOC by the other units not covered under the Orange, Red and Green categories, and intimation to the board regarding this will suffice.

However, this unit must furnish required pollution control devices to meet the prescribed standards for environmental pollutants discharge, wherever needed, depending on their activities and process. Also, these Non-Industrial/Industrial sectors/projects/Units must be governed by self-regulatory regimes and cannot pollute the environment.

The Board officials shall not inspect the White category of industries except when complaints are received against such industries for causing pollution.

4. The Non-Industrial/Industrial Sector/Project/Unit already existing and not covered previously under consent management (CM) according to the notification dated 15/04/2014 or earlier but are now covered under consent management according to the new categorisation of industrial sectors appended with this procedure, must obtain CTO only and not the CTE.

5. Siting of the projects/industries must be only in confirming areas. No project/industry is allowed to operate or establish in the ecologically fragile/protected area, the residential areas of HUDA/MCs/villages, any non-confirming regions, or any other approved residential areas/colonies.

6. The units included under Environment Impact Assessment (EIA) Notification dated 14/09/2006, as amended gradually, must apply for Consent to Establish (CTE) to the Haryana State Pollution Control Board only after obtaining Environmental Clearance (EC) from the Competent Authority in advance.

7. The Non-Industrial/Industrial Sector/Project/Unit included in the area prescribed in the Aravali Notification dated 7/05/1992 issued by MoEF&CC must need prior clearance from competent authority suggested under the said notification before applying for CTE or 1st CTO to HSPCB in case of new units included under CM according to the new categorisation of projects mentioned in this procedure.

8. The report regarding siting of the projects outside the Aravali region in the Districts of Mewat and Gurgaon (now Gurugram) must also be considered for obtaining CTE or first CTO from HSPCB in case of new units included under CM according to the new categorisation of projects mentioned in this procedure, from District Forest Officer and Tehsildar through the concerned Deputy Commissioner, to guarantee the compliance of the provisions of the said notification in addition to other prescribed documents. However, in the case of Non-Industrial/Industrial Sector/Project/Unit situated in approved industrial estates/approved HUDA sectors of District Mewat and Gurgaon (now Gurugram), a verification report concerning this is needed from the concerned Regional Officer.

9. The projects included in the revenue estates, covered in Notification No. 191(E) issued by MoEF&CC concerning the protected area of Sultanpur National Park in Gurugram, must abide by the norms of said notification and must obtain the prior clearance/permission of the Monitoring Committee and the prescribed authority formed under the said notification before applying for Consent to Establish to the HSPCB. Prior clearance/permission from the competent authority must also be needed in case other similar protected areas are declared by the Ministry or any prescribed authority gradually.

10. To obtain CTE from HSPCB in the case of the Screening Plants, Hot Mix Plants, Pulverizing/grinding units, poultry farms and stone crushers, the project proponents must also submit the distance regarding the siting parameters suggested by the Government of Haryana, Environment Department for these projects, given by the concerned authorities indicated in the respective notifications, in addition to other proposed documents for obtaining CTE from HSPCB, to guarantee the compliance of the prescribed siting parameters before granting of the consent.

11. The units intended to be established outside approved industrial estates/areas must necessarily furnish the information in the application form concerning land details, i.e. Kila/Khasra nos. of the land where the plant has to be set up. In the case of approved industrial estates/areas, plot no. allotted by the concerned authority must be mentioned in the application. The detail of plot no. or land of the facility must be mentioned in the CTE granted by the Haryana State Pollution Control Board.

12. CTE by HSPCB is issued only for the process/operation of activities or product (s) for which CLU permission has been given by the concerned authorities or the plot has been allotted. In case later on, concerned authorities approve a change in the product (s) or activity at such mentioned site in that eventuality, the concerned unit is entitled to CTE for such changed activities or product (s) at such said place.

13. All the units must provide all necessary facilities for the sampling of air or emission from any of their flue, chimney, duct, plant or vessel of any other sources and outlets, mobile or stationary, including necessary facilities for access to the sampling places, as mentioned by the board prior to applying for first CTO from HSPCB according to the norms of Rule 18 of Haryana Air (Prevention and Control of Pollution) Rules, 1983 as amended gradually.

14. The performance security deposited along with the application for obtaining CTE from HSPCB must be returned/refunded on the recommendation of the concerned Regional Officer automatically without accepting any request from the units concerning this after installation of the required and adequate pollution control devices, compliance of all the norms of CTE and first CTO and submission of satisfactory analysis reports of air emissions/effluent/noise levels, as applicable, from all sources within the stipulated time frame prescribed in first CTO, showing all the results complying with the standards mentioned for pollutants discharge under EP Rules, 1986 and/or established by the HSPCB if any.

The performance security so deposited must be forfeited in case the unit fails to adhere to any of the conditions of CTE or first CTO or the standards suggested by the Board under EP Rules, 1986, as amended gradually for discharge of Environmental Pollutants or if the first CTO is refused.

15. The CTO by HSPCB is issued even to those units which have past violations of their establishment without getting CTE provided these types of units are adhering to all the relevant norms of Environmental Acts/Rules and standards for discharge of environmental pollutants, subject to the legal action is taken against such plants by filing the prosecution case in Special Environment Court for such past violations under relevant Acts before issuing the CTO and subject to imposing a particular condition that CTO so issued is without prejudice to the action taken for prosecution in respect of past violation committed by the unit and CTO so issued shall not affect the persecution case filed by the HSPCB against such units for past violation in the court under the relevant provisions of the Water and/or Air Acts. No ex-post facto CTE is issued in such cases of past violation as no such provisions are available in the said Acts.

16. In case the unit is covered under EWM Rules, HOWM Rules, BWM Rules and PWM Rules 2016, it must simultaneously apply for the grant of authorisation/registration under the relevant norms of these rules.

17. The units which seek to increase the quantity of effluent or no. of outlets or source/stacks of emissions, as compared with the quantity for which CTE and CTO were earlier granted or intend to make any expansion in the existing project or change in the manufacturing process, such units must obtain the new prior CTE, for such change. In case of a change of machinery of the latest technology in existing units without any change in the manufacturing process or an increase in production, there is no need to obtain new CTE from HSPCB.

18. All the applications for obtaining an HSPCB consent certificate must be processed within the time frame suggested by the board for all the concerned officers dealing with the CM at the regional and Head Office levels. Also, it must be ensured by all the concerned officers that the applications are decided within the time limit suggested by the board.

19. There is an urge that all units obtain CTO by HSPCB for 5, 10 and 15 years in the case of Red, Orange and Green categories of industries, respectively.

20. In case any unit changes its name (nomenclature) only, then such facility must apply on the prescribed proforma via the concerned Regional Office (RO) of the Board for grant of permission for change of its name in CTO/CTE and in other records, along with the documents mentioned in the checklist.

In case there is only a change in the ownership of the facility without change in its name (nomenclature), a copy of the fresh memorandum of article (MoA) and association or proof of proprietorship or partnership deed, as the case may be, must be submitted via the concerned RO who in turn must forward a copy of the same to Head Office (HO) along with his comments.

21. Where a unit to whom the HSPCB grants consent certificate transfers its interest in the industry to any other unit/person, by its sale or otherwise, such consent must be deemed to have been issued to such other facility/person after the granting of permission by the board for the same. Also, such other unit/person is bound to adhere to all the conditions subject to it as if the consent was issued initially to such other unit/person.

In such cases, the unit transferring his interest in the industry to any other unit/person shall notify the board for the same via the concerned RO and request to allow the transfer of his interest in the industry on the suggested format given in Annexure - C along with the documents as mentioned in the checklist.

22. Where an existing unit is taken on lease or purchased by another unit, and the new unit applies for a grant or renewal of CTE/CTO by HSPCB in his name, such facilities must first obtain permission for a change of name and other information of the existing unit, taken on lease or purchased by such units, in the record of the board including transfer of an interest of such industry in their name for which an application for the same on the suggested proforma, along with the documents as given in the checklist via concerned RO.

23. Applications for transfer of an interest in the industry or change of name of the unit to any other unit/person shall be decided at the level of HO on the proposal of the concerned RO. The concerned branch in HO dealing with CM shall submit the recommendations to the authorities on the format of the suggested performa for approval.

24. First CTO for the expansion of projects is valid for a period up to which the CTO for their existing project already stands granted. Suppose the first CTO for the expansion project is applied along with the application for CTO renewal for the current project. In that case, the validity of such CTO must be the same for both existing and expended projects.

25. The norms of inspection policy issued by the board must be strictly adhered to.

26. No unit must be operated and established by any person without obtaining prior CTE and CTO from HSPCB respectively. If the facility, after the grant of CTE/CTO, seeks to shift to another location/site, it will take the fresh CTE for the establishment at the new location/site.

Procedure for granting CTE by HSPCB for new units

1. Consent to Establish by HSPCB for new units

1.1 The new Non-Industrial/Industrial Sector/Project/Unit falling under Orange, Red and Green categories listed as Annexure - I, II, and III must apply for CTE from HSPCB via the online portal of Haryana Enterprises Promotion Centre (HEPC) in the suggested form along with requisite NOC/CTE fee as mentioned by the board. The fee must be deposited via an online payment gateway according to the fee schedule on the board's official website.

1.2 Application must be submitted by the authorised official of the project/industry duly authorised by the unit's Board of Directors/owner/partners.

1.3 All documents applicable for respective Non-Industrial/Industrial Sector/Project/Unit stated in the checklist must be submitted by the units while applying for CTE by HSPCB by uploading the same on the online portal.

1.4 The units, while applying for obtaining Consent to Establish by HSPCB, must also submit a performance security via an online payment gateway according to the slab given or revised gradually, along with undertaking by the applicant according to the given specimen, indicating compliance with the set standards, all the norms of CTE and signifying awareness about the norms of the Water and Air Acts, applicable rules and self-certification regarding not starting of any installation or construction work at the site.

1.5 No inspection is needed for dealing with the cases of CTE unless any violation comes to the notice of the board. Self-certification/undertaking submitted by the unit must be considered enough to decide the CTE applications, subject to submission of a complete application along with the prescribed consent fee, documents and performance security.

1.6 If at any stage it is found that the work at the site of the unit has been/was started for installation of machinery and construction of plant before obtaining the CTE from HSPCB, legal action is taken in that case against such units by filing the prosecution case in Special Environment Court for such violations under relevant norms of the said Acts before or even after granting of CTE, as the case may be.

1.7 The validity period of CTE granted by HSPCB is as given below:-

• (i) The CTE for the projects needing Environmental Clearance (EC) must be issued a maximum of seven years subject to the validity of EC or the date of start of the project, whichever is earlier.
• (ii) The CTE from HSPCB, for the projects not needing EC, is granted for a maximum of five years, including hot mix plants, stone crushers, screening plants, brick kilns etc. or the date of start of the project, whichever is earlier

2. Renewal/Extension of Consent to Establish by HSPCB

2.1 The units seeking auto-renewal of CTE must apply through the online portal of HEPC at least three months before the date of expiry of the previous CTE, in the given performa with undertaking and declaration along with the prescribed HSPCB NOC/CTE fees and documents prescribed for extension of CTE as per the checklist.

2.3 This application must be submitted by the authorised official of the project/industry duly authorised by the unit's board of directors/owner/partners.

2.4 The CTE by HSPCB is renewed based on self-certification only in those cases where there is no change in the process, raw material, product, increase in overall capital investment cost on building, land, plant and machinery, production capacity and pollution load of the unit. Also, it will remain the same as declared by the unit in its original application submitted previously to the board for obtaining the first CTE.

2.5 The CTE is renewed only once and for a maximum of two years from the expiry date of the first CTE issued, subject to the validity of EC if applicable.

2.6 The units where the CTE has earlier been granted according to the norms of the notification dated 15/04/2014 and/ or extended up to the eligible period as given in the said notification or less, those units must apply for CTE renewal for a remaining period as applicable according to the norms prescribed in this process plus another two years (subject to the validity of EC if applicable).

2.7 The facility for CTE renewal is availed for one term only, subject to payment of requisite CTE/NOC fees. Such units will deposit requisite HSPCB NOC/CTE fees for consent to establish renewal only applicable for one time, along with the application for auto-renewal.

2.8 If the unit fails to apply for CTE renewal before three months of the expiry of CTE and applies after that up to the expiry date of CTE, then 50% performance security deposited by the unit at the time of obtaining the first CTE is forfeited. Also, such units are required to deposit the forfeited amount of performance security along with the application for CTE renewal. Suppose the units fail to apply for CTE renewal within the validity period of the previous CTE. In that case, 100% performance security is forfeited, and instructions will be issued to such units by the HSPCB to stop their project's further installation and construction work.

The units which fail to apply for CTE renewal within the validity period of the previous CTE must apply afresh along with NOC/CTE fees, all relevant documents and fresh performance security needed for the grant of new CTE with documentary proof that they have not conducted any work for installation of machinery or construction after the expiry of the validity of CTE.

Wherever it comes to the notice of the HSPCB at any stage that any unit, applied for CTE extension or has been extended the CTE, has done any machinery installation or construction work after the expiry of the validity of CTE, legal action under the relevant norms of Water and/or Air Acts shall be taken against such units in that case for such violation.

2.9 Inspection must not be conducted by the HSPCB's officers for processing the applications for CTE extension/renewal, except in the cases where any report or complaint has been received concerning any violation made by the unit.

2.10 Those units which have been issued CTE but don't want to resume the operations for installation and construction of the project beyond the validity period of CTE must submit an undertaking concerning the same to the board at least one month before the date of expiry of previous CTE, on prescribed format, furnishing the information about the status of their project established and constructed till the date of submission of such undertaking.

Such units will only start the work for further installation/construction of the project after obtaining prior CTE from HSPCB for the remaining work of establishing the project. They must apply for extension according to the policy, as and when it is anticipated to continue the remaining installation/construction work of the project, along with the CTE/NOC fees as applicable, suggested documents prescribed for extension of CTE and self-declaration to the effect that they haven't done any work at construction/site/installation of machinery after the expiry of the validity of previous CTE issued by the board. In case any violation regarding this comes to the notice of the board at any stage, then CTE shall be cancelled/refused in addition to taking legal action. No fresh performance security is needed for such type of cases.

2.11 In case of construction and building projects or area and township development projects, where the validity period of the license granted by the Town and Country Planning Department expired after the grant of CTE by HSPCB and applied for CTE renewal/extension without renewal of such license, the CTE for such projects is extended till the validity of EC of such projects, subject to submission of all needed documents suggested for CTE renewal and subject to submission of proof regarding application submission to the department for license renewal, with one of the particular condition that the unit won't do any construction work of the project till the renewal of license from the department. The CTE extension granted by HSPCB stands null and void if such units fail to renew the license for the project from Town & Country Planning Department. The copy of the CTE extension so granted must also be forwarded to Director Town & Country Planning Department for their information and necessary action.

3. Grant of CTE by HSPCB for industries/projects expansion

3.1 No expansion in the existing Non-Industrial/Industrial Sector/Project/Unit included under CM shall be done without obtaining CTE from HSPCB in advance.

3.2 For the expansion of the existing Non-Industrial/Industrial Sector/Project/Unit under Orange, Red and Green categories, the application must be submitted for obtaining CTE from HSPCB via the online portal of the HEPC in the suggested form along with documents related to CTE for expansion projects as per checklist given, applicable performance security according to the slab given and requisite CTE/NOC fee suggested by the board according to the fees schedule available on the website. The HSPCB NOC/CTE fees and performance security must be deposited via an online payment gateway.

3.3 The CTE fees and performance security for expansion projects must be charged depending on the expansion project's cost. Suppose the project proponent suggests increasing the production capacity within the existing plant without adding any investment cost. In that case, the CTE fees and performance security must be charged depending on the capital investment cost of the existing plant.

3.4 Application must be submitted by the authorised official of the project/industry duly authorised by the unit's Board of Directors/owner/ partners.

3.5 Inspection is not conducted for processing the cases of CTE for expansion of the Non-Industrial/Industrial Sector/Project/Unit, and cases of CTE expansion are decided depending on the status of compliance of standards for Environmental Pollutants discharge given in EP Rules, 1986, for the existing plant of the unit supported with valid CTO and the latest analysis reports.

3.6 Period of CTE for expansion projects is the same as applicable for establishing new units at the time of the first CTE and its renewal.

Procedure for Grant of Consent to Operate by HSPCB

Obtaining the first CTO from HSPCB

1.1 The Industrial/Non-Industrial Sector/Project/Unit falling under Orange, Red and Green Categories listed in Annexures - I, II and III, after completing the installation and construction of the project with valid CTE, must apply for the first CTO from HSPCB before starting the proposed activities/production and even before starting the trial run of trial production/ such activities, via the online portal of the HEPC in the suggested form along with all documents, applicable for respective industrial projects/sectors, stated in the checklist and report on compliance of conditions of CTE and EC (if applicable) by uploading the same on the online portal. No documents should be submitted manually.

1.2 Application to obtain CTO from HSPCB must be submitted by the authorised official of the project/industry duly authorised by the unit's Board of Directors/owner/partners.

1.3 Requisite consent fee, as suggested by the board gradually, must also be deposited by the units while applying for CTO, through an online payment gateway, according to the schedule available on the board's website, i.e. www.hspcb.gov.in

1.4 The application must be submitted for a grant of CTO for a period, depending upon the project category, as suggested by the board. However, the units must be at liberty to apply for CTO from HSPCB for the lesser period by giving the justification for the same.

1.5 No separate trial consent is issued, and the first CTO will include trial consent. The units can operate their projects only after obtaining CTO from HSPCB in advance.

1.6 At the time of obtaining the first CTO, the industries must deposit the prescribed testing fees with the board via an online payment gateway for analysing their effluent/air emission/noise samples, as applicable, from the board's lab. Analysis reports issued from the authorised labs won't be accepted for the first Consent to Operate grant.

1.7 Inspection of the industry is conducted by the authorised officer/officers of the board before starting the production in the unit and before giving the first CTO, after approval from the competent authority, to ensure the status concerning the installation of pollution control devices/measures undertaken while obtaining the CTE and assess their structural adequacy and to check the compliance of the other conditions of CTE and EC (if applicable), before deciding the cases of the first CTO. The application for obtaining the first CTO by HSPCB is decided on the case's merits and as per the compliance status ascertained by the ROs post-inspection of the unit.

1.8 If the first CTO is refused, the performance security deposited by the unit while obtaining the CTE is forfeited. Also, the unit won't start its production or any of the activities at the site.

1.9 The unit's inspection is conducted again, after the grant of the first CTO, by the authorised officer(s) of HSPCB with prior approval of competent authority according to the inspection policy within three months after the grant of the first CTO by HSPCB for the collection of samples of air emissions/effluent/noise, as applicable, to get the samples monitored from the board's labs according to its policy, in case sampling from the unit is needed based on its process.

1.10 If the analysis report of samples of air emissions/effluent/noise so collected is found adhering to the standards suggested by the board or under EP Rules, 1986, the first CTO granted shall remain valid for the period for which it has been issued depending on the category of the project or as was demanded by the unit whichever is less. But, in case of failure of the sample (s), the first CTO so granted is cancelled/revoked after following the due procedure, besides taking legal action against the unit and forfeiture of performance security deposited by the unit while obtaining the CTE, according to the HSPCB's policy.

Validity of consent to operate from HSPCB

2.1 Validity of consent to operate from HSPCB for different categories of Industrial/Non-Industrial Sector/Projects/Units is as given below -

2.2 The units can deposit the full applicable consent fee for the suggested period based on the category. However, the units are free to apply for CTO from HSPCB for a lesser period by giving justification. The industries can also deposit the CTO fee in instalments according to the schedule assigned below:-

2.3 If the units, who opted to pay the HSPCB consent certificate fee in instalments for a more extended period and fail to deposit the instalment of CTO fees within the suggested time limit, the CTO so granted is cancelled/revoked for the remaining period for which consent fees are not deposited, after following the due process.

2.4 If the rates of consent fees are revised during the period of CTO, and the unit has opted to deposit the fees in instalments, then such units must deposit the fee at the improved/revised rates for the remaining period from the revision date of the consent fees. However, the units which have opted to deposit the total CTO fees while applying for a consent certificate from HSPCB are not liable to pay the improved/revised fees if it is modified. At the same time, CTO was granted to those units.

2.5 The CTO issued by HSPCB must have the validity ending as stated in the following table:-

3. Application process CTO Renewal by Haryana State Pollution Control Board

3.1 The Industrial/Non-Industrial Sector/Project/Unit falling under Orange, Red and Green Categories listed in Annexure - I, II and III, seeking CTO renewal from HSPCB, must apply via the online portal of the HEPC, not before six months and at least three months before the expiry of the validity of previous CTO, on prescribed Performa, self-certification and undertaking on compliance of conditions of prior consent issued to the unit along with the requisite fees to be deposited via online payment gateway and the documents as stated in the checklist.

3.2 No documents must be submitted manually.

3.3 Application for CTO renewal by HSPCB must be submitted by the authorised official of the project/industry duly authorised by the unit's board of directors/owner/partners.

3.4 The CTO is renewed only in those cases where there is no change in the process, raw material, product, increase in overall capital investment cost on building, land, plant and machinery, production capacity and also in pollution load of the unit and must remain the same as mentioned in the original application for obtaining previous CTO.

3.5 The CTO is renewed only for units complying with the standards mentioned for pollutant discharge stated under EP Rules, 1986 and submitted all necessary documents and prescribed consent fees.

3.6 CTO renewal by HSPCB must ensure the board takes appropriate action against the defaulting units, including revoking the CTO which fails to adhere to any of the conditions of the CTO or any relevant norms of the Water and Air Acts.

3.7 If the Industrial/Non-Industrial Sector/Project/Unit fails to apply before three months of the expiry of the previous CTO by HSPCB and applies two months before the expiry of the last consent, the unit must have to pay an extra consent fee at the rate of 50% of the fee mentioned under the Rules.

Subsequently, suppose the unit only applies after two months of the expiry of the previous CTO and applies one month before the expiry of the previous consent. In that case, the unit must pay an additional fee of 100% of the consent fee applicable.

In case the unit fails to apply one month before the expiry of the previous consent, the unit must pay an additional consent fee at the rate of 200% of the CTO fee applicable. After that, the board must take closure action under the norms of said Acts against such units for not having the valid CTO issued by HSPCB.

3.8 If the unit applies for CTO renewal after the expiry of the consent period or after taking the penal action as mentioned above, then such applications must be entertained only if such units deposit consent fees for the more extended period according to the HSPCB policy based on the unit category along with the extra fees at the rate of 300% of the fees decided for one year along with normal consent fees for following years.

3.9 There is no need for an inspection of industries while CTO renewal. However, such units must submit the analysis reports of air emissions, effluent and noise levels, as applicable, from all sources issued from any of the recognised labs or any of the board's labs, not more than three months old, showing the compliance of prescribed standards, with undertaking and self-certification for compliance of the relevant norms of Rules/Acts as applicable and compliance with the decided standards along with latest mandatory inspection/analysis reports conducted by the team of HSPCB officers and required documents.

3.10 The unit can get samples of air emissions/effluent/noise analysed from the board's labs for CTO renewal by HSPCB. In that case, the inspection is conducted for the sampling by the board's authorised officer(s) only after taking permission from the competent authority according to the inspection policy of the board.

Action Against Violators

1. If the industry is found creating such conditions that produce any pollution over the prescribed standards or if there is any complaint/objection received from the surrounding community and if on verification it is found that such complaint/objection has some substance even after the grant of CTO/CTE by HSPCB, the board is at liberty to withdraw/revoke/cancel the consent certificate issued to such units and take legal action against them under the norms of the Water, Air and the Environment (protection) Acts respectively, as considered appropriate.

2. Grant or renewal of CTE and CTO do not prevent the HSPCB from revoking those consent certificates, including taking appropriate action against those defaulting units, where consents are obtained or got extended depending on the false documents or wrong declaration and also who fail to adhere to any of the conditions of CTE granted by HSPCB to such units or any relevant norms of the Water and Air Acts apart from forfeiture of performance security deposited by the unit for obtaining the consent. This consent procedure must come into force with immediate effect.

Checklist of documents for obtaining CTE from HSPCB

I. 1st Consent to Establish by Haryana State Pollution Control Board

• 1. Online application
• 2. Proof of deposit of NOC/CTE fee and performance security
• 3. CA certificate regarding capital investment cost concerning building, land, plant and machinery of the proposed project.
• 4. Intkal and Fard Jamabandi of the unit's land if the unit is situated outside the approved industrial estate/area.
• 5. authority letter/power of attorney to sign the application for a grant to CTE by HSPCB.
• 6. Allotment letter of the plot granted from the concerned authority in case of approved industrial area.
• 7. Manufacturing process and process flow chart.
• 8. Design scheme of ETP/ STP, Air Pollution Control Devices/HWM as applicable, with hydraulic design and design calculations depending upon the pollution load and decided standards. In the case of brick kilns, drawing and design of high draft zig-zag technology-based stack and kiln.
• 9. Report of District Forest Officer and Tehsildar regarding Kisam of land via Deputy Commissioner for areas included under Aravali Notification, if applicable. Suppose the land falls in the HUDA sectors and industrial area/estate. In that case, the report of ROs is taken concerning the applicability of the said notification (only for District Nuh and Gurugram).
• 10. Permission/clearance if projects fall in the revenue estates included under Notification No. 191(E) issued by MoEF&CC concerning the protected area of Sultanpur National Park in Gurugram district.
• 11. Proof of receipt of an application submitted to the Forest Department for its permission/clearance /NOC.
• 12. Report of Forest/Revenue Department and other concerned departments concerning sitting parameters regarding  Hot Mix Plants, Stone Crushers, Pulverizes, Screening Plants, Poultry Farms and License of DFSC in case of brick kilns.
• 13. Change of land use license/permission/NOC certificate from the Town and Country Planning Department or respective Municipal or other authority or village Panchayat, as the case may be.
• 14. Rent agreement/Lease deed if the land is taken on lease or rent, collaboration deed in case of construction projects, if applicable (duly registered with revenue authorities).
• 15. Copy of EC if the projects are covered under EIA Notification dated 14/09/2006.
• 16. Copy of partnership deed/MOA/trust deed, as applicable, having the address and name of Partners/Directors.
• 17. Declaration by the unit concerning the awareness about pollution control-related standards and law and undertaking for their compliance, according to Annexure - VII.
• 18. Site plan of the unit if it is located outside the approved industrial area.
• 19. Layout plan indicating all locations of chimneys/stacks, manufacturing processes, ETP/STP, HW storage and treatment facilities, APCM, tube wells, effluent drains, water supply lines and final outlets for effluent disposal.

II. Renewal/Extension of CTE by HSPCB

• 1. Online application for CTE renewal by HSPCB with the declaration on prescribed Performa.
• 2. Proof of deposit of CTE/NOC fees (according to the schedule available on the board's website)
• 3. Copy of first and previous renewed CTE (if any).
• 4. Authority letter/power of attorney to sign the application.
• 5. Progress report concerning the project's construction and installation of pollution control devices/measures, according to the scheme submitted while obtaining the first CTE.
• 6. Valid license or proof of submission of application for license renewal to the Town and Country Planning Department or any other concerned authority in case of construction and building projects and Township and Area Development projects.

III. Consent to Establish for expansion of the existing project apart from the documents needed for obtaining the first CTE from HSPCB and fee/NOC, the following additional documents are required to be submitted along with consent application for expansion of projects

• 1. Copy of valid CTO and Hazardous Waste Authorization (if applicable) for the existing project.
• 2. Latest inspection and analysis reports of air emissions/effluent/noise (as applicable) conducted by HSPCB's officers for the compulsory inspection, if conducted.
• 3. Copy of new analysis reports of air emissions/effluent/noise, analysed from HSPCB's lab/recognised lab (not more than three-month-old).
• 4. Declaration concerning the compliance of set standards for discharge of environmental pollutants in the existing operating project of the unit according to Annexure -XIII.

Checklist of documents for obtaining 1st consent to operate (CTO) by HSPCB

I. 1st CTO by HSPCB

• 1. Online consent application.
• 2. Authority letter/power of attorney to sign the application.
• 3. Proof or deposit of applicable and required consent fee, according to the schedule available on the website www.hspcb.gov.in.
• 4. Collection and testing fee decided by the HSPCB according to the schedule available on the board's website for analysing the air emissions/noise/samples of effluent level of DG sets, for all sources. (Air emissions' analysis report from all sources, including diesel engines with capacity over 0.8MW (800kW) for generator sets and power plants, is needed).
• 5. Copy of the CA certificate or balance sheet duly attested by CA concerning the capital investment unit cost for the preceding year. (Capital investment cost must include the original price of building, land, plant and machinery without depreciation but with up-to-date additions. The cost of building and land must be included in the capital investment cost, even if it is on rent, lease, or mortgage).
• 6. Partnership deed/ MOA/ Trust Deed (if changed).
• 7. Layout plan indicating the details of all manufacturing processes, location of chimneys/stacks, STP/ETP, APCM, HW storage and treatment facilities, water supply lines, tube wells, effluent drains and final outlets for effluent disposal.
• 8. Permission of the concerned authorities for effluent disposal into drain/sewer etc.
• 9. Info of land in case the effluent is discharged on land for irrigation or percolation, along with a copy of the registered agreement made with the land owners if the land belongs to persons other than the land of the applicant unit.
• 10. Info of STP/ETP, APCM, acoustic enclosure, and HEM facilities installed in the unit along with their specification, size and capacity.
• 11. If projects/industries/establishments managing hazardous chemicals having threshold quantities stated in Schedule II and III of MSIHC, Rules, 1989 and included under rules 10 and 13 of these rules, proof of submiting the safety audit report duly audited by an expert, at least three months before starting the activity and onsite emergency plan along with a mock drill report of the same to Chief Inspector of factories and a copy of the same.
• 12. Occupation certificate issued by the Town and Country Planning Department in case of building and construction projects/area development projects.

II. CTO Renewal by HSPCB

• 1. Online application for CTO renewal on prescribed Performa.
• 2. Proof of deposit of needed and applicable consent fee (according to the schedule available on www.hspcb.gov.in).
• 3. Copy of previous CTO.
• 4. Authority letter/power of attorney to sign the application.
• 5. CA certificate or copy of balance sheet duly attested by CA concerning the unit's capital investment cost for the preceding year. (Capital investment cost must include the original price of building, land, plant and machinery without depreciation but with up-to-date additions. The cost of building and land must be included in the capital investment cost, even if it is on rent/lease/mortgage).
• 6. If performed, the Latest inspection and analysis reports of effluent/noise/air emissions conducted by HSPCB officer (s) for the compulsory inspection.
• 7. Copy of new analysis reports of effluent/noise/air emissions analysed from the board's/recognised lab (not more than three months old).
• 8. Environment Statement in Form V for the financial year ending on 31^st March.
• 9. In case of projects/industries/establishments handling hazardous chemicals having threshold quantities stated in Schedule II & III of MSIHC, Rules, 1989 and included under rules 10 and 13 of these rules, proof of submiting an updated safety audit report duly audited by an expert, annually and up to date onsite emergency plan along with a mock drill report of the same to Chief Inspector of factories and a copy of the same.
• 10. Permission of the concerned authorities for disposal of the effluent into drains/sewer etc. (if not submitted previously).
• 11. Detail of land if the effluent is discharged on land for percolation or irrigation, along with a copy of the registered agreement made with the land owners if the land belongs to persons other than the land of the applicant unit (if not submitted previously).
• 12. Copy of the logbook for the last three months maintained for operation of STP/ETP/APCM for the record of chemical and energy consumption, the quantity of effluent at outlet and inlet of STP/ETP supported with readings of magnetic flow meters along with the quantity of treated effluent reused/recycled in the process, used in the sites and discharged, mode of disposal.

Frequently Asked Questions