Jharkhand State Pollution Control Board (JSPCB) - Overview

Jharkhand State Pollution Control Board (JSPCB) was established under section 4 of the Water (Prevention and Control of Pollution (P&CP)) Act, 1974, on 09th September 2001. The Board started functioning on 15th December 2001. It has, at present, fifteen nominated Members, a nominated Chairman and an appointed Member Secretary (MS). The Board is entrusted to grant Jharkhand SPCB NOC

The Water (P&CP) Cess Act, 1974; the Water (P&CP) Act, 1974; the Air (P&CP) Act, 1981 and the Environment (Protection) Act (EPA), 1986 and the rules specified by the state government under the first and third Act and those framed by the Central Government under the second and the fourth Acts are in effect in the Jharkhand. JSPCB implements the norms of these rules and Acts in the state. The functions of the Board are specified under section 17 of the Water (P&CP) Act, 1974 and the same section of the Air (P&CP) Act, 1981 and under the remaining rules and Acts.

Procedure for obtaining JSPCB consent to operate (CTO)

A. Process for Grant of Consent to Operate (CTO) for Red, Orange and Green category units

i. First JSPCB CTO

After installation of the project, the new facilities must obtain JSPCB consent to operate under Water and Air Acts before starting even trial production. No separate trial consent is granted. The first CTO includes the trial consent. Such industrial units must apply for JSPCB CTO via Online Consent Management and Monitoring System (OCMMS) under the norms of the Air (P&CP) Act, 1981 and the Water (P&CP) Act, 1974, respectively. Documents must accompany the application according to the checklist, compliance with conditions of JSPCB CTE and Environmental Clearance (if applicable) and applicable fees.

The authorised officer/s of the Board do an industry inspection before starting the production in the unit and before giving the first JSPCB CTO after approval from the Competent Authority to check the status of the installation of pollution control devices/measures undertaken while obtaining the JSPCB CTE and their structural adequacy before deciding the cases of first CTO under Water/Air Act, 1981.

The first CTO is issued for one year after submitting air emissions/effluent/noise in case sampling is needed.

Analysis report

Suppose the analysis report of effluent/Air/noise samples so collected is found to adhere to the standards specified under EP Rules, 1986. In that case, the 2nd JSPCB CTO is granted for the period of CTO for which it has been applied depending on the unit’s category or as was demanded by the unit but in case of sample failure. The CTO so granted is cancelled/revoked after following the due procedure.

Validity of JSPCB CTO for different categories of projects / industries

The projects/industries can also apply for JSPCB CTO for a lesser period. Based on their category, the units can deposit the full applicable fee for consent to operate for the specified period. However, the fees for CTO can be deposited by the industries according to the schedule given below -

ii. JSPCB renewal of Consent to Operate (RCTO)

The JSPCB CTO so granted must be renewed only if the unit submits the analysis reports of air emissions, effluent and noise, as applicable, from any of the recognised labs showing the compliance of specified standards with self-affidavit/certification for procuring raw material from the valid source and undertaking for compliance of the relevant norms of rules/Acts as applicable and adherence to the set standards along with latest analysis reports/mandatory inspection report conducted by the team of officers of the Board as per norms of inspection policy of the JSPCB.

The industrial projects/units which are already in operation must submit the JSPCB consent application only via OCMS for renewal of consent under Water/Air Act for the specified period based on the category of the projects/units along with the documents according to the checklist and specified consent fees, before three months of the expiry of consent so that the case can be decided before its expiry according to the procedure given below -

1. The project/industry proponent wishing for JSPCB CTO renewal must apply via OCMMS 90 days before the expiry of the previous CTO granted by the Board online only on specified performance self-certification and undertaking on compliance of norms of the previous CTO issued to the unit along with the requisite JSPCB consent fees and documents according to the checklist.

The application must be submitted by the authorised official of the project/industry duly authorised by the Board of Directors/owner/unit partners.

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

3. No documents must be submitted manually.

4. The JSPCB CTO is renewed only for units adhering to the standards for pollutants discharge under EP Rule, 1986.

5. The validity of JSPCB CTO renewal is 05 years in the case of the Red category and ten years for the Orange category (high and low risk) of projects/units, except for the units involved in recycling/reprocessing/dismantling the hazardous/plastic and e-waste and registered with the Board under the relevant rules for their said activity. For such units, the validity of JSPCB CTO is valid up to the expiry of such registration or the stated validity period of CTO renewal based on the unit category, whichever is earlier.

6. Renewal of JSPCB CTO will not prevent the Board from taking appropriate action against the defaulting plants, including revoking the CTO, which fails to adhere to any CTO conditions or relevant norms of the Water and Air Acts.

However, the unit must not operate without a valid JSPCB CTO. Suppose the industrial projects/units fail to apply before 90 days of the expiry of the previous consent and apply two months before the expiry of the previous consent. In that case, the Board must take penal action under the norms of the Water/Air Acts against such plants for not having a valid CTO. Suppose the unit applies for renewal of CTO after the expiry of the consent period or after taking the penal action as stated above. In that case, such applications will be entertained only if the unit submits normal consent fees for subsequent years.

iii. Analysis report

Suppose the plant seeks samples of air emissions/effluent/noise analysed from the Board's labs for JSPCB CTO renewal. In that case, the inspection is carried out for this sampling by the Board's officer permitted by Competent Authority.

If the industry is found to create conditions that produce any type of pollution over the standards or if there is any complaint/objection from the surrounding community, and if, on verification, it is found that such objection has some substance even after grant of JSPCB CTE/CTO by the Board, it must be at liberty to withdraw/revoke the CTE/CTO already issued and take legal action under the norms of the Air (P&CP) Act 1981, the Water (P&CP) Act 1974 and the EPA, 1986 as considered appropriate.

B. Green Category

The industrial projects/units failing under the Green Category and others not included under the Orange and Red category must provide pollution control devices based on their activities and process. A self-regulatory regime must govern these industrial projects/units and won't be allowed to pollute the environment.

C. White Category

The industrial projects/units failing under the Green Category and other units not included under the Orange and Red category of units have been excluded from Consent Management. They must not apply for JSPCB Consent to Operate with the Board.

No document must be submitted manually by the industries in the Board's offices to obtain the CTO. According to the checklist, all the needed documents must be uploaded only on the OCMMS while submitting applications via the online system.

Fee Structure

Frequently Asked Questions