Consulting

Consents

What is Consent?

‘Consent’ is a legal document granted by the MPCB involving the implementation of several environmental legislation's in order to monitor the activities leading to pollution. The main objective of granting consent is to help the industry in planning a comprehensive program towards measurement, prevention & control of pollution arising due to its operational activities. This in turn will keep the industries abreast with proper functioning & maintenance of the various environmental infrastructures implemented for reducing the load of pollution. An entrepreneur running/ establishing an industry/process/project and discharging any pollutant into the water body/or on land/air shall make an application for consent to establish before starting the project or expansion [Before starting any activity on site] or any kind of changes which is increasing financial investment of company though it is not leading to increase in production quantity.

To whom is the Consent applicable?

As per the provisions under Section 26 of Water (Prevention & Control of Pollution) Act, 1974, Section 21 of Air (Prevention & Control of Pollution) Act, 1981 & Authorization under Rule 5 of Hazardous Waste (Management, Handling & Transboundry Movement) Rules, 2008, Biomedical Waste (M & H) Rules, 1989, obtaining consent is mandatory to the following-

1. Any activity (industry, operation or process or an extension and addition),

2. Which generates sewerage or trade effluent

3. Emit any air pollution into the atmosphere

4. Generating, storing, transporting, disposing or handling hazardous waste

5. The medical institutions generating biomedical waste

What are the types of Consents?

1. Consent to Establish- Required before starting any activity on site

2. Consent to Operate- Required even before starting the trial production & is given for a particular period

3. Renewal of Consent to Operate- Needs to be renewed before 60 days prior to expiry of earlier consent

Where can I get the consent application form?

The form is available on MPCB website- www.mpcb.gov.in

How many copies of the form are required to be submitted?

The consent application form is to be submitted in triplicate to the Board.

What are the categories of Consent?

Depending on the types of manufacturing process & the potential to cause nuisance to the environment, it is divided into 3 categories as RED, ORANGE & GREEN.

What is the form fee?

The form is available for Rs. 100/-

What statutory fees are required to be paid by the industries?

The fees are dependent on the capital investment (without depreciation) of the industry.

Fees are payable in form of Demand Draft at any Nationalized Bank at respective Sub-Regional / Regional office / Head
Quarter along with the completed prescribed form.

The term of consent for Red, Orange & Green category of industry is 1, 2 & 3 years respectively.

The industries can also obtain the consent for extended period up-to 5 terms by paying proportionate fees.

The fees applicable are as per the GR issued by the Environment Department, Government of Maharashtra dated August 25, 2011, & is as given below-

How are the industries categorized?



ENVIRONMENTAL COMPLIANCES

What are the general environmental compliance's required by an industry?

Any industry has to comply with certain specific as well as general conditions w.r.t. environment, as stipulated by the Pollution Control Board in its Consent copy. The main objective of such conditions is to minimize the pollution load arising from the industries either by the installation of suitable treatment technologies or reduction by the use of suitable technologies. These include installation of pollution control equipment’s for air & water pollution, good housekeeping within the premises, provision of monitoring facilities, regular monitoring the quantity & quality of environmental parameters, submission of annual compliance reports & returns, etc.

What are the different types of compliance's applicable to industries?

  • Environmental Monitoring
  • Submission of Environment Statement Report
  • Filing of Water Cess Returns & Cess payments
  • Filing of Hazardous Waste Returns
  • Installation of pollution control devices
  • Installation of flow meters for measuring & recording the incoming & outgoing wastewater

What is the frequency of the Environmental Monitoring?

Frequency of Environmental Monitoring is depend on the category & size of industry - MPCB GR2 for monitoring frequency

What is environmental monitoring?

Environmental monitoring is an assessment procedure to evaluate the pollution levels in accordance with the prescribed norms stipulated by the Pollution Control Board to control environmental pollution. This helps the industry in assessing the efficiency & performance of the pollution control systems installed as well as that of the environment management practices. As per Central Pollution Control Board’s Emission Regulation Part III [Insertion - 2] & specific consent conditions it is necessary to carry out environmental monitoring. Different types of monitoring are as follow :-

  • Ambient Air Monitoring
  • Work Room Air Monitoring
  • Stack Emission Monitoring
  • Noise Monitoring
  • Effluent Analysis
  • Sewage Analysis
  • Drinking water analysis
  • Soil Analysis
  • Sludge Analysis
What is Ambient Air Monitoring?

Air quality monitoring is carried out to assess the extent of pollution by measuring the quantity and types of certain pollutants in the surrounding, outdoor air to ensure compliance with national legislation & evaluate control options. Ambient Air monitoring is usually carried out by an instrument called “High Volume Sampler & Respirable Dust Sampler”. The duration of Ambient Air monitoring shall be 24 hours and all 12 parameters shall be monitored as per new notification 16.01.2009 MoEF New Ambient Air Quality Stds 2009.

How many locations are required to carry out for ambient air monitoring?

Ambient Air monitoring should be monitored on four locations as per National Ambient Air Quality Standard published in Gazette notification dated 16.01.2009
MoEF New Ambient Air Quality Stds 2009

How to decide the locations for ambient air monitoring sampling?

Location of ambient air monitoring shall be decided as per the industry premises, generally one location shall be near the main gate and two locations in 120 degree from main gate.

What is stack emission monitoring?

Stack monitoring is carried out to assess the extent of pollution due to release of pollutant from DG Set stack or process stack or process vent. Stack Emission monitoring is usually carried out using Stack Monitoring Kit.

What Requirement of Sampling Port for stack?

As per Central Pollution Control Board’s emission regulation Part III, it is responsibility of an industry to provide sampling ports in various stacks [Fuel burning & process] with safe access and platform to facilitate monitoring.
MPCB GR2 for monitoring frequency

What is noise monitoring?

Noise monitoring is the done to determine various noise levels in the industry premises. It is usually carried out using “Noise Level Meter”. The industry/project shall monitor the noise level inside the company premises & should take adequate measure to bring down the noise level to the prescribed standard by CPCB/MPCB Noise Limits

What are the types of Noise Monitoring?

Noise Monitoring is of two types-

  • Ambient Noise Monitoring: Includes all sounds presents in the environment
  • Workroom Noise Monitoring: Noise monitoring of specific shed / workplace where workers works for 8 hours

What are the compliances under Water Cess Rule?

The industry shall submit Water Cess Returns to the Pollution Control Board as per the said Rule & shall affix water meters to measure the incoming & outgoing flow of effluent/ sewage.

What is Water Cess Return?

As per Water Cess Rule; every industry has to submit record of water consumption on or before 5th of every month to the Cess Branch of Pollution Control Board in prescribed FORM 1 along with analysis report of effluent/sewage.

What are the compliances under Hazardous Waste [Management, Handling & Transboudary Movement] Rule, 2008?

As per this rule, industry has to comply with the following-

  • Submission of Hazardous Waste Returns to MPCB on or before 30th June of every year in prescribed Form 4
  • Provision of isolated area for storage of hazardous waste
  • Record keeping of hazardous waste generation in Form 3
  • Labeling of hazardous waste container in Form 12
  • Record of hazardous waste disposal in Form 13
  • Reporting of accident in Form 14
What is Hazardous Waste Returns?

Any industry requiring Consent from the Pollution Control Board has to submit Hazardous Waste Returns as per Hazardous Waste [Management, Handling & Transboudary Movement] Rule, 2008 in prescribed Form 4 annually on or before 30th June of every year. This is to monitor the quantity of hazardous waste generated & its disposal in that particular financial year.

For what period can an industry keep HW generated within its premises?

An industry can keep the HW generated within its premises for a maximum period of 90 days, after which it is to be disposed off to authorized Common Hazardous Waste Treatment, Storage & Disposal Facility (CHWTDSF).

Is it necessary to have membership of CHWTDSF?

Yes it is mandatory for every industry to obtain the membership of CHWTDSF for the scientific disposal of the hazardous waste generated within its premises. As per the Order No. MPCB/RO/(HQ)/HSMD/B-7026 dated 20.10.2005, MPCB has authorized such facilities for particular areas within the state of Maharashtra.
CHWTDSF Area

ENVIRONMENTAL IMPACT

What is Environmental Impact Assessment?

EIA is an assessment of the environmental consequences it can be positive or negative. EIA is carried out to ensure that the upcoming activity will not cause any threat to environment

To whom is EIA applicable?

As per EIA Notification dated 14th September 2006, Environmental Impact Assessment is applicable to any person or activities who desires to undertake any new project in any part of India or the expansion or modernization of any existing project with addition of capacity beyond limits. Any change in product mix in an existing manufacturing unit.

Where shall I upload the EIA application form?

The EIA application form shall be uploaded in environmentalclearance.nic.in and then the same application should be submitted on ec.mpcb portal

What is the scrutiny fee?

Scrutiny fee is based upon Capital Investment of industry.

EIA for Industries

The projects are categorized in two categories -Category A and Category B based on spatial extent of potential impacts on human health and natural and manmade resources.
All project and activities included in Category A in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment Forests and Climate Change (MoEF&CC).

All projects or activities included as Category ‘B’ in the Schedule, including expansion and modernization of existing projects or activities or change in product mix will require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report.

EC for Construction Projects

As per Ministry of Environment Forest and Climate Change Notification dated 9th December 2016 to make ease of doing business and streamlining the permission for building and construction sector.

Integration of environmental condition in building bye-laws the Building and Construction project are categorized in three categories. EC for construction project will be granted by concerned local authority.

Building Category 1 (5,000 to 20,000 Square meter)

Self declaration Form to comply with the environmental conditions along with Form 1A and certification by the Qualified Building Environment Auditor to be submitted online by the project proponent besides, Application for building permission to the local authority along with the specified fee in separate accounts.

Building Category 2(20,000 to 50,000 Square meter)

The project proponent shall submit online application in Form 1 A along with specified fee for environmental appraisal and additional fee for building permission.

Building Category 3(50,000 to 1,50,000 Square meter)

The project proponent shall submit online application in Form 1 A along with specified fee for environmental appraisal and additional fee for building permission.

IGBC RATING SYSTEM

What is a Green Building?

Buildings have major environmental impacts over their entire life cycle. Resources such as ground cover, forests, water & energy are being depleted in the construction & operation of the buildings. To provide comfort level to the occupants various resources are being used which are indirectly damaging the environment. The need to design a green building is to address all these issues in an integrated & scientific manner. It maximizes the use of efficient building materials & construction practices; optimizes the use of on-site sources & sinks by bio-climatic architectural practices; uses minimum energy to power itself; uses efficient equipment to meet its lighting, air-conditioning, & other needs; maximizes the use of renewable energy sources; uses efficient water & wastewater management practices; & provides comfortable & hygienic indoor working conditions. Green building is evolved through a design process that is a collective team effort comprising of the architect & landscape designer as also the consultants for air conditioning, electrical, plumbing, & energy, so as to address all aspects of building & system planning, design, construction & operation. They critically evaluate the impacts of each design decision on the environment & arrive at viable design solutions to minimize the negative impacts thereby enhancing the positive impacts on the environment.

What are the benefits of Green Building?

On a broader scale, this system along with its activities & processes will benefit the community as well as the environment by reducing GHG emissions, reducing energy consumption & the stress on natural resources. Some of the benefits of a green design to the building owner, its users & the society as a whole are as follows-

  • Reduced energy consumption without sacrificing the comfort levels
  • Reduced destruction of natural areas, habitats, biodiversity, reduced soil loss from erosion etc.
  • Reduced air & water pollution (with direct health benefits)
  • Reduced water consumption
  • Limited waste generation due to recycling & reuse
  • Reduced pollution loads
  • Increased user productivity
  • Enhanced image & marketability

Furthermore, to promote this concept for a greener environment, MoEF, GoI has decided to treat such projects as a special case. Building & construction sector projects that have obtained green building rating either pre-certification or provisional certification (LEED, GRIHA etc.) shall get priority for their proposals of obtaining environmental clearance, out of turn, by the Expert Appraisal Committee/ State Level Expert Appraisal Committee [Office Memorandum no. 19-58/2011-IA.III dated May 10, 2010] {‘Copy of Memorandum’ – link where the single page copy i.e. image will be uploaded

What are the types Green Building?

There are currently two bodies for certifying Green Buildings in India-

Ministry of New & Renewable Energy & The Energy & Resources Institute Teri, New Delhi which gives GRIHA (Green Rating for Integrated Habitat Assessment) certification

LEED INDIA gives IGBC (Indian Green Building Council) certification under various categories of projects

GRIHA Certification (Green Rating for Integrated Habitat Assessment)- It is a national rating system for Green buildings in India, which is conceived by TERI (The Energy & Resources Institute, New Delhi) and developed jointly by the Ministry of New and Renewable Energy, Government of India

What are the categories of IGBC green rating system?

LEED India rating system is categorized under different categories of projects as follows-


  • Green Homes (purely residential projects or having commercial area less than 30% of total built up area)
  • Core & Shell (for commercial buildings like schools, offices, shopping complexes, IT companies etc.)
  • New Construction & Major Renovation (commercial & residential buildings with all new construction or having major renovation part)
  • Green Townships (for big townships projects)
  • Green Factory (for industries or factories)
  • Green Landscape
  • Green SEZ

Existing Buildings (O&M)

What are the different rating levels under IGBC rating system?

IGBC credits are awarded at four levels as follows-

CERTIFICATION LEVELS

CREDITS REQUIRED

Green Homes

Core & Shell

New Construction

Green Township

Green Factory

Certified

50 - 59

40 - 49

40 - 49

100 - 119

51 - 60

Silver

60 - 69

50 - 59

50 - 59

120 - 139

61 - 70

Gold

70 - 79

60 - 79

60 - 79

140 - 159

71 - 80

Platinum

80 - 100

80 & above

80 & above

160 - 200

81 - 100

What is the process for Green Building certification?
  • Feasibility study for the project by professionals well versed with the rating system.
  • Online project registration at www.igbc.in.
  • Identify & implement operational improvements & equipment upgrades necessary to obtain desire level of certification.
  • Prepare documentation by collecting information & performing calculations to satisfy each prerequisite & credit submittal requirements.
  • Submit documents to IGBC for the preliminary review.
  • After receiving preliminary review comments from IGBC, prepare additional documents for final review as per required clarifications.
  • Submit documents to IGBC for final review.
  • Final review comments with certification award.
  • Acceptance of award/ Appeal for award of rejected credits.
  • Declaration of award.
Mandatory Requirements of Green Buildings
  • Approved plan / Commencement Certificate from local Government authority for all the building applied for the certification.
  • Soil erosion control in construction phase.
  • Rainwater Harvesting, roof & non-roof: 25%.
  • Water efficient plumbing fixtures for all buildings whose flow rates / capacities meet the baseline criteria as per IGBC norms.
  • Use CFC-free refrigerants in Heating, Ventilation & Air-conditioning (HVAC) equipment & Unitary Air-Conditioners installed in the building(s).
  • Segregation of household waste.
  • Implementation of Tobacco Smoke Control Policy; smoking should be prohibited in the common areas of the building(s) & campus.
  • Construction design should be such that minimum day lighting is 50%.
  • Provide openable windows or doors to the exteriors in all regularly occupied spaces of each dwelling unit such that the openable area is designed to meet the criteria of IGBC (Living spaces: 10% of carpet area, Kitchen: 8% of carpet area, Bathrooms: 4% area).
Time frame for IGBC Green Rating Certification

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