Pollution Consents to Establish and Operate

Pollution Consents to Establish and Operate

Establishing a new production company is a big challenge for entrepreneurs. Establishing a new industry requires many approvals from government authorities. One of the main requirements is to get approval from the State Pollution Control Board.

In case the unit is covered under Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, E-Waste (Management) Rules, 2016, Plastic Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016, it shall simultaneously apply for the grant of consent under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981.

Types Of Consent

There are two types of the Consent i.e. Consent to Establish (CTE), and Consent to Operate(CTO):

Consent to Establish: This consent is required to be obtained before establishing any Industry, Plant, or Process. The Consent to Establish is the primary clearance.

Consent to Operate: Once the Industry, Plant, or Process being established according to mandatory pollution control systems, the units are required to obtain consent to operate.

Procedure To Obtain Consent

All industrial sectors/projects have been categorized into red, orange, green and white categories based on their pollution potential and extent of pollution index for the purpose of consent management under the Water (Prevention & Control of Pollution Act), 1974, Air (Prevention & Control of Pollution Act , 1981.

The process for obtaining consent to establish and to operate involves making an application to the respective State Pollution Control Board along with required documents and scrutiny fees using the online portal of the State pollution control Board (Online consent management).

It’s followed by physical scrutiny of the location and assessment of the environmental management system planned to meet with the mandatory requirement prescribed by the State Pollution Control Board.

What To Apply

According to the E-waste (Management) Rules, 2016 every producer of electrical and electronic equipment listed in Schedule-I, can apply for Extended Producer Responsibility (EPR) in Form-I and obtain authorization from CPCB. As well as maintain records in Form-2 and shall file returns of previous year in Form-3 to CPCB on or before 30th day of June every year.

“Dismantler of E-Waste” can apply for Authorization in Form- IV in DPCC under E-Waste (Management) Rules, 2016 and also has to obtain consent to establish (CTE) and consent to operate (CTO) in Green Category under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

“Refurbishers of E-waste” can apply for Authorization in Form-I in DPCC under E-Waste (Management) Rules, 2016 and also has to obtain consent to establish (CTE) and consent to operate (CTO) in Green catgory under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

Problem Of E-Waste

Ewaste is a global environmental problem. This problem has turned into a business opportunity and many such businesses have flourished in the field of e-waste management after the E-waste (Management) Rules 2016 made PIBOs responsible for fulfilling their Extended Producer Responsibility (EPR). Such business took various forms – from collectors to aggregators and dismantlers to recyclers. E-waste businesses in megacities like Delhi have grown significantly over the past few years. This network ranges from small e-waste collectors, dealers and refurbishers to large PROs.

Collection, Segregation And Storage Of E-Waste In Delhi

E-waste collection is still mainly carried out by the informal sector, as everyday consumers of EEE prefer to sell e-waste in the comfort of their homes rather than drop it off at collection centres. SDMC and NDMC recently launched an initiative where consumers can apply online to collect e-waste from their homes and get paid. Private companies are engaged for this purpose.

By building a collection network, creating collection points and collection points and maintaining a dynamic price list according to market demand and the value of waste within one enterprise, the entire process can be covered and operation can be made cheaper and more efficient.

E-Waste Storage

Storage of e-waste also requires compliance with certain legal regulations and obligations under the e-waste management rules 2016. E-waste stakeholders can store e-waste for a period not exceeding 180 days. If it is necessary to store the waste expressly for the development of its recycling or reuse process, this period can be extended to 365 days.

E-waste is one of the fastest growing waste streams globally and India generates more than two million tonnes of e-waste annually. According to a recent government report, 95% of India’s e-waste is recycled by the informal sector and scrap dealers unscientifically dispose of it by burning or dissolving it in acids. The Delhi NCR region is a major contributor to e-waste with a population of over two million. A 2018 study estimated that Delhi generates around 2 million metric tonnes of e-waste annually, of which 90–95% ends up in landfills or informal recyclers who break it down in the open – both posing serious environmental risks. In Delhi, about 5,000 e-waste processing units operate in the informal sector, where manual and basic techniques – dismantling or reclamation of hazardous substances by hammering, open burning or acid leaching – are implemented. Recently, all these activities are being closely monitored and there is a push to create a formal and regulated trade network for e-waste.