HP State Pollution Control Board (HPSPCB) - Overview

The HP State Pollution Control Board (SPCB) is a nodal agency in the administrative structure of the state Government. It was formed to promote, plan, coordinate and oversee environmental program implementation. Any commercial activity in the state must obtain HPSPCB consent certificates. Around thirty years ago, the current direction of Environment Protection was laid. Also, a legislative base was initially formed at the national level for environmental protection from the adverse impacts of a rapidly expanding industrial society. The technological and legislative grounds have substantially raised in the subsequent period, primarily necessitated by the magnification and agglomeration of the problems, resulting in the development outpacing the capabilities to resolve them.

A beginning made in the mid-seventies integrating and encompassing environmental concerns in a comprehensive national policy proved quite helpful with a tangible degree of success in the following years with highly manifest forms of environmental pollution and other significant problems of immediate nature. This prompted legislative reviews and constant policy and making necessary amendments wherever necessary to protect India from the lurking threat of environmental degradation.

Over these years, HP State Pollution Control Board has been continuously expanding its activities to fulfil the demands of emerging ecological challenges, concerns and new statutes. The principal activities undertaken by the board consist of pollution prevention and control and environmental protection in the framework of following legislation.

Water (Pollution Prevention & Control) Cess Act, 1977: This Act offers a levy of cess on the water consumed for particular purposes to dissuade indiscreet and wasteful water use.

Water (Prevention & Control of Pollution) Act, 1974: In the 25th year of the Republic, the GoI promulgated this legislation to control and prevent water pollution and maintain and restore water wholesomeness. The HPSPCB was formed in 1974 under the norms of this Act.

Environment (Protection) Act, 1986: To allow the existing legislation to control air and water pollution more effectively and to remove the deficiency of this legislation, the Union Government enacted another legislation. The prime objective of the legislation was to bridge the existing statutory gaps whereby tremendous responsibilities by way of functions have been entrusted to the HPSCB.

Air (Prevention & Control of Pollution) Act, 1981: On the analogy of the Water (P&C of Pollution) Act, 1974, the Union Government formed another identical legislation exclusively introduced to tackle air quality problems and preservation and maintenance.

Objectives of the HP State Pollution Control Board

• The prime objective of the acts above is to restore, maintain and preserve the wholesomeness of the quality of the environment. The acts also aim to prevent hazards to human beings, aquatic and terrestrial flora and fauna.
• The involvement of the HPSPCB is proper for planning comprehensive programmes to control, prevent or reduce pollution. To do so, the board also issues HP SPCB NOC.
• The board is also liable to advise the state government about the environmental aspects, disseminate and collect details concerning the environment etc., to enforce several norms of the above acts to maintain the environment quality in a healthy condition.
• Over time, the HPSPCB has adopted a significant shift in its policy from a regulatory set-up to an interactive facilitator.
• The board firmly believes in a partnership approach and a shared vision for pollution reduction.

Internal process for granting HPSPCB consent certificates to industries

• Applicants must generate a User ID and Password at HPOCMMS.
• Applicants need to apply online for HPSCBP CTE/CTO/RCTO.
• Receiving Officer analyses the application. S/he further sets the states as complete or incomplete applications based on analysing.
• After acceptance of the application, Regional Officer performs inspections.
• Either RO issues the HPSCBP consent certificate or forwards the application to the Unit Head.
• The unit Head analyses the application and either issues the consent or forwards the application to Member Secretary (MS).
• MS then issues the consent certificate.

SOP and documentary requirements for HPSPCB NOC

SOP for industries/development projects seeking to obtain HPSPCB consent

An HPSPCB consent certificate is required by mining, industrial units, tourism projects, local bodies, hospitals, etc., to operate/establish such industry, operation, process, treatment and disposal system or an extension or addition to it, which is expected to emit any air pollutant and/or to discharge trade effluent or sewage into a well, stream, sewer or on land.

To establish an industry that is likely to pollute water/air before HPSPCB, consent under the Water/Air Acts, as applicable, is to be obtained in three phases essentially:

• Consent to Establish (CTE)
• Consent to Operate (CTO)
• enewal of Consent to Operate (RCTO)

All the applications under the norms of the Water and Air (Prevention and Control Pollution) Acts must be submitted online on the Online Consent Management and Monitoring System (OCMMS), i.e. http://hpocmms.nic.in web portal.

1. Consent to Establish (CTE) - Red/Orange/Green

The HPSPCB CTE (Consent to Establish) must be obtained by any Development Project/Industry before establishing the industry under the norms of the Water and/or Air Act. The application form for CTE must be submitted online through the concerned RO of the board. Upon receiving the complete application for CTE, the cases are scrutinised to determine if the industry is polluting. If found so, the nature of pollutants and whether the contaminants can be treated or not are checked.

The HPSPCB CTE is granted for a minimum of one year to a maximum of five years after examining the following aspects:

(i) CTE is issued with certain conditions if Development Project/Industry does not need Environmental Clearance (EC) from the Government of India (GoI).

(ii) In case the Development Project/Industry needs EC from GoI/state according to the EIA, 2006, as amended gradually, then after the grant of EC, the state board grants conditional CTE for a minimum of 1 year up to a maximum of 5 years as applied for by the applicant unit by submitting the requisite fees.

Checklist of the documents:

(i) Form - I

(ii) Form - XIII

(iii) Copy of Provisional Registration Certificate/Approval issued by the Industries Department or State Level Single Window Clearance and Monitoring Authority. (All projects with an investment of more than Rs. 5 Crore(s) according to the Department of Industries notification).

OR

Copy of Acknowledgment Certificate/Udyam Registration (for MSMEs) according to the Industries Department notification.

(iv) Copy of EC, if the unit falls under EIA, 2006 or its amendment issued gradually.

(v) ‘Site Plan’ stating the site of the suggested industry and physical features like streams, villages, towns and distance from the nearest link road and main road including human habitation, detailed layout plan stating water supply, manufacturing units and waste lines, location of air pollution control equipment/treatment units and solid waste disposal site. (Mandatory)

(vi) Copy of NOC from the Town and Country Planning Department if the proposed site is outside the approved Industrial Estate/Area within a Planning Area. (As applicable)

(vii) Project report of the suggested industry duly accepted and approved by the GM Industries Department/certified by CA, which must include detailed manufacturing process along with a flow chart of several operations to be performed, type of raw materials, info of plant and machinery, material and water balances, total investment, Chemical Safety Data Sheet for every chemical to be used in the process, proposed in the project & the estimated outlay earmarked for pollution control measures. (Mandatory)

(viii) Feasibility report on Pollution Control Devices/Plastic Waste Management/Solid Waste Management (SWM)/Hazardous Waste Management/Noise Pollution Control Measures. (Mandatory). The report must include info on Engineering Designs and Drawings of the proposed Pollution Control Measures for treating and controlling wastewater, emissions and solid waste. These recommendations are to be supported by details about the likely emission quality of air pollutants/wastewater quality, safe disposal of hazardous wastes, efficiency of equipment, mode of final disposal of air emissions/treated effluent and air quality after treatment and before discharge. A water flow meter must be provided at the outlet of ETP/STP/ETP cum STP. Separate energy meters must be provided for ETP/STP/ETP cum STP and air pollution control devices. A Logbook of ETP/STP/ETP cum STP must be maintained, having info regarding energy consumption, daily inflow and chemicals used.

(ix) HPSPCB Consent Fee as proposed as per the rules. (Mandatory)

(x) Source of water information: The water generation/consumption info must be according to the IS 1172, i.e. "Code of Basic Requirements for Water Supply, Drainage and Sanitation" (As applicable)

(xi) If a member of CETP - Copy of CETP membership (Mandatory)

(xii) The unit must submit Action Plan for waste produced by their products in the state of HP endorsed by the Urban Development Department as per HPSPCB notification under Plastic Waste Management (PWM) Rules, 2016, as amended gradually if the unit falls under the definition of PIBO (Producer, Importer or Brand Owner) under PWM Rules. (As applicable)

(xiii) In the case of Hydro Power Projects, the unit must be needed to submit a copy of the site plans for the muck dumping site. (Mandatory)

(xiv) Copy of Clearance of Joint Inspection Committee in respect of Mining Projects/Stone Crushers/Brick Kilns etc. (Mandatory)

(xv) Copy of On-Site Emergency Plan, copy of Public Liability Insurance (PLI) if the proposed industry falls in the ambit of Storage, Manufacture and Import of Hazardous Chemicals Rules, 1989 according to the rules mentioned above (As applicable).

2. For HPSPCB CTE (expansion)

The checklist is the same as above. However, if the existing operational units are going to expand, the units must submit the compliance results/report of the current Water and Air Pollution Control Devices. (as applicable)

3. HPSPCB CTO (Consent to Operate) - Red/ Orange/Green:

Once the process plant/industry/development project and the required pollution control systems are established, the entrepreneur must obtain HPSPCB CTO. The CTO is given for the remaining period of the current financial year, which must be renewed regularly after that.

Checklist of documents for HPSPCB CTO:

The application for HPSPCB CTO for a proposed process plant/industry/development project must include the following documents and be submitted online in OCMMS in the concerned RO of the state board under the jurisdiction of which the proposed unit must be located:

• (i) Compliance Status Report on the conditions of CTE issued by the HPSPCB. (Mandatory)
• (ii) Form I and XIII as applicable under Air and Water Acts, respectively. (to be filled out online in OCMMS).
• (iii) Copy of Provisional/Approval Registration Certificate issued by the Industries Department or State Level Single Window Clearance and Monitoring Authority. (All projects with an investment of more than Rs. 5 Crore(s) according to the Department of Industries notification).
• OR
• Copy of Udyam registration/Acknowledgment Certificate (for MSME) according to the Industries Department notification. (Mandatory)
• (iv) Copy of EC from the GoI, if the unit is covered under the related regulations and status report on the conditions of such clearance. (As applicable)
• (v) Project Report of the suggested Industry/Development Project duly approved and accepted by the GM Industries Department/Certified by CA, (Mandatory)
• (vi) Copy of On & Off-Site Emergency Plans, copy of PLI if the proposed industry falls under Storage, Manufacture and Import of Hazardous Chemicals Rules, 1989. (Mandatory)
• (vii) The unit must submit Action Plan according to the HPSPCB notification under PWM Rules, 2016, as amended gradually if these rules apply to the operational industry. (As applicable)
• (viii) Consent Fee as stated according to the rules. (Mandatory)
• (ix) If the action plan for waste produced by their products in HP under PWM Rules, 2016, according to the HPSPCB notification, has not been submitted at the time of CTE, the same must be submitted at this stage. This clause is valid only for units whose CTE stands granted as of date. (As applicable).

4. For HPSPCB CTO (Expansion)

The checklist is the same as above.

Renewal of Consent to Establish (RCTE):

If the Development/Industry Project is still under construction, the unit must apply for RCTE for one to five years. (Note: The Consent must be valid until the end of the financial year for the chosen period. For instance, a unit applying for RCTE from 01st June 2022 onwards for two years must be granted RCTE valid until 31st March 2024 to coincide with the financial year cycle.)

Checklist of the documents for HPSPCB RCTE:

• (i) No document is needed except a self-attested document/affidavit of no change in design/process/product capacities. (Mandatory)
• (ii) Details of Muck generation during the construction period and utilisation done thereof. (Mandatory)

6. Renewal of Consent to Operate (RCTO):

CTO is issued to every Development Project/Industry for the financial year or part thereof and needs to be renewed for variable periods, i.e. 5, 10 and 15 years, as per the industry category. The primary consideration for the Renewal of Consent to Operate (RCTO) is the compliance status to the norms stated for the emissions/effluents/waste, as the case may be, in the previous period at the time of consideration of the renewal.

Checklist of documents for HPSPCB RCTO:

• Red and Orange - Large & Medium units:
• Latest sample analysis report (Water and Air) of the State Board's lab according to the sampling schedule. (Mandatory)
• Orange (Small) and Green Categories
• The latest water sample analysis report of the State Board's lab and air sample analysis reports of MoEF&CC approved labs (Self-emission results) according to the sampling schedule. (Mandatory)
• (iii) Compliance Status Report on the conditions of CTO granted by the HP State Pollution Control Board.
• (iv) Copy of Action Plan duly endorsed to Urban Development Department, HP, according to the PWM Rules, 2016, as amended gradually, if these rules apply to the operational industry. (As applicable)
• (v) Environment Statement (Form-V). (Mandatory)
• (vi) Self-Attested Affidavit/Document of no change in design/process/product capacities. (Mandatory)
• (vii) Sampling charges must be auto-verified or verified by the concerned RO of the HPSPCB.
• (viii) Consent Fee as suggested as per the rules. (Mandatory)
• (ix) Action Plan for waste produced by their products in HP according to the PWM Rules, 2016 and notification of the HP State Pollution Control Board for the renewal period. (As applicable).

7. For RCTO (expansion)

The checklist is the same as above.

However, in the case of the existing operational units intending for RCTO expansion, the units must submit the compliance results/report of the current Water and Air Pollution Control Devices (as applicable).

SOPs for tourism units

1. Consent to Establish (HPSPCB CTE):

The application for HPSPCB CTE for a proposed Tourism unit/Hotel must include the following documents and be submitted to the RO of the board under the jurisdiction of which the suggested unit will be located.

• (i) General Information Form (To be filled online in OCMMS)
• (ii) Form - I
• (iii) Form - XIII
• (iv) Proposed plan approved by TCP or TCP NOC (in the non-TCP area):
• Planning area : Self-attested copy of proposed drawings/plan (clearly indicating the total built-up area of the project) approved by TCP/competent authority (Municipal Corporation, Municipal Council, SADA, etc.)
• Non-Planning area: NOC from the TCP department (stating that the area doesn't fall under the preview of the planning area) is needed, along with self-attested drawings (clearly stating the total built-up area of the project). (Mandatory)
• (v) Approval of the provisional/project registration by the Tourism Department clearly stating the number of rooms based on an approved drawing by the competent authority. (Mandatory)
• (vi) Detailed project report (including value of land, building, furniture & fixtures, equipment(s) & working capital) (Mandatory)
• (vii) Feasibility report on Pollution Control Devices/SWM/PWM/HWM/Noise Pollution Control Measures. (Mandatory)
• (viii) Source of water
• (ix) Location Plan that clearly states its location from major landmarks.
• (x) Consent Fee as approved by the HPSPCB
• (xi) Details of muck generation during the construction period and utilisation which must be done thereof. (Mandatory)
• (xii) Copy of EC (if the total built-up area is more than 20,000 sqm) from the competent authority only regarding projects requiring EC from GOI as per the notification as amended gradually. (As applicable).

Consent to Operate (HPSPCB CTO)

Once the hotel is established along with the necessary pollution control systems, the entrepreneur must obtain the HPSPCB CTO of the state board before initiating the operational activities. PCB considers CTO after ensuring the installation of all the requisite Pollution Control Devices w.r.t. disposal of waste produced from the operation of the Hotel Industry, like sullage/sewage/solid waste, after proper site inspection, which is mandatory.

Checklist of the documents for HPSPCB CTO:

The application for CTO for a proposed hotel must include the following documents and be uploaded/submitted online (http://hpocmms.nic.in) via the concerned RO of the HPSPCB under the jurisdiction of which the suggested unit must be located:

• (i) General Information Form (To be filled online in OCMMS)
• (ii) Form - I
• (iii) Form - XIII
• (iv) A copy of the Completion/Approval certificate from TCP/ Urban Local Body (ULB) for their respective areas or from the certified architect for the remaining areas. (Mandatory)
• (v) Compliance Report on the Pollution Control Devices installations as defined in the CTE checklist at Sr. VII. (Mandatory)
• (vi) Consent Fee as approved by the board. (Mandatory)

Renewal of Consent to Operate (RCTO)

The Renewal of Consent to Operate (RCTO) must be obtained by every hotel. It must be renewed for a variable period as per the category and its scale, i.e. 5, 10 and 15 years, as per the nature of the industry. The primary consideration for the renewal of the CTO is to check and ensure compliance with the norms prescribed for the emissions/effluents/solid waste, as the case may be, in the previous period at the time of consideration of the renewal.

Checklist of the documents

• (i) Copy of registration of the Tourism Department. (Mandatory)
• (ii) Self-attested undertaking/affidavit indicating that there is no change in process, design and product/industry capacity/development project/hotel (Mandatory)
• (iii) Red and Orange - Large & Medium units: Latest sample analysis report of the state board's lab according to the sampling schedule. (Mandatory)
• (iv) Orange (Small) and Green Categories: Latest water sample analysis report of state board’s labs and air sample analysis reports of MoEF&CC approved labs (self-emission results) according to the sampling schedule. (Mandatory)
• (v) Consent Fee as approved by the HPSPCB under Water and Air Acts. (Mandatory)
• (vi) Environment Statement form (Form-V of EP Rules, 1986) (Mandatory)
• (vii) The hotel must pay all sample testing charges to date.

Renewal of Consent to Establish (RCTE)

If the Hotel/Tourism unit is still in the construction stage, the unit must apply for RCTE for one to five years. (Note: The consent is valid till the end of the financial year for the period chosen.)

Checklist of the documents for HPSPCB RCTE

(i) No document is needed except a self-attested affidavit/document of no change in process/design/product capacities. (Mandatory)

(ii) Details of muck generation during the construction period and utilisation. (Mandatory)

Expansion cases

Consent to Establish (CTE Expansion)

The procedure to obtain HPSPCB CTE (expansion) is the same as in the case of CTE. However, in the case of existing operational units seeking expansion, the tourism unit must submit the compliance results/report of the existing water and/or air pollution control devices.

Consent to Operate (CTO Expansion)

The procedure to obtain HPSPCB CTO (expansion) is the same as in the case of a CTO.

New cases for the results/existing constructed buildings

(a) If not in operation as a tourism unit: The units must apply for HPSPCB CTE and CTO individually according to the checklist.

(b) If in operation as a tourism unit: The unit must apply for HPSPCB CTE with all the checklist as stated for CTE with the document of "Completion Certificate by SADA for SADA area/TCP for TCP area/Municipal Council/Committee for Municipal area/Certified Architect for other remaining areas" rather than "Approval of the project/ provisional registration by the Tourism Department".

CTO and RCTO checklist is the same according to Sr. no. 2 and 3, respectively.

SOPs for HCF seeking HPSPCB Consent

A. Consent to Establish/Operate

All the bedded HCFs must obtain HPSPCB CTE/O. The HPSPCB CTE is issued for one year from the date of such approval, whereas CTO/Renewal is issued for five years.

• (i) All Bedded HCFs must establish systems for treating liquid waste (chemical liquid waste and sewage).
• (ii) The HCFs having less than ten beds and operating outside the coverage area of the Common Sewage Treatment Network are allowed to dispose of the liquid waste (Chemical liquid waste after pre-treatment and sewage waste) via a conventional treatment method, i.e. septic tank subject to the condition that no liquid waste must be discharged into the open to comply with the prescribed discharge norms.
• (iii) The HCFs having ten or more than ten beds capacity and not related to the common STP must ensure pre-treatment of liquid chemical waste and establish their treatment system/STP.
• (iv) The HCFs related to public sewer lines (CSTP) or having their own STP must guarantee segregation of liquid chemical waste at the source and guarantee pretreatment before mixing with other effluent produced from the HCF and before discharging the liquid waste in the public sewer/own STP.

Checklist for CTE/RCTE

The application for CTE for a proposed/existing HCF must include the following documents to be submitted online via the Regional/Central Labs of the State Board under the jurisdiction of which the proposed HCF/unit is located:

• (i) Form - I
• (ii) Form - XIII
• (iii) Copy of EC, if the HCF/unit falls under EIA, 2006 or its amendment issued gradually.
• (iv) Consent Fee as prescribed under Acts.
• (v) Project report and site Plan of the existing/proposed HCF.
• (vi) Drawing of the septic tank along with layout plans of pipelines for chemical liquid waste and sewage.
• (vii) Detail of ETP/STP wherever applicable. (HCFs having a bed capacity of more than ten beds).
• (viii) Proof of sewerage connection from MC/IPH for disposal of the sewer through sewer line wherever applicable in case the terminal disposal facility for liquid waste is CSTP.
• (ix) Detail of air pollution control measures in case of applicability of Air Act.
• (x) Source of Water Information
• (xi) Self-attested Affidavit/Document if there is no change in bed capacity in case of renewal of CTE by HPSPCB.
• (xii) Copy of CTE in case Consent to Establish is renewed.

Checklist for CTO/RCTO

The application for CTO for a proposed HCF must include the following documents and be submitted online via the Central/Regional Labs of the board under the jurisdiction of which the proposed unit must be located:

• (i) Form - I
• (ii) Form - XIII
• (iii) Copy of CTE by HPSPCB
• (iv) Consent fee
• (v) Detail of septic tank along with layout plans of pipelines for chemical liquid waste and sewage.
• (vi) Detail of Pre-treatment and STP systems installed as applicable.
• (vii) Proof of sewerage connection from MC/IPH for disposal of the sewer through the sewer line, wherever applicable.
• (viii) Copy of agreement with CBWTF for disposal of biomedical waste.
• (ix) Copy of Consent to operate in case Consent to Operate is renewed.
• (x) Self-attested Document/Affidavit of no change in bed capacity in case of RCTO.
• (xi) Source of Water Information
• (xii) Environment Statement in Form - V in case of RCTO by HPSPCB.
• (xiii) Performance Report of the pollution control devices during the preceding year vis-à-vis prescribed norms for effluent/emission along with analysis results in case of RCTO.

Frequently Asked Questions