Procedure for Renewal of
Consent to Operate under Water Act, 1974 & Air Act, 1981.
Renewal of Consent to Operate(CTO)
1.Provision has been made for auto renewal of CTO as per procedure / policy of the Board framed in this regard.
2.The industry/project proponent intending for renewal of the CTO, covered under Red, Orange and Green Categories listed in Annexure-I, Annexure-II & Annexure-III respectively, shall apply through the online portal of the HEPC i.e. http://investharyana.in alongwith the documents as per check list given at Annexure-IX and requisite consent fee as prescribed by the Board, which will be deposited through online payment gateway of HEPC, as per schedule available on the website of the Board i.e. www.hspcb.gov.in.
3.The industrial units/projects failing under white Category as per Annexure-IV, are exempted from Consent Management for obtaining CTO under Water Act, 1974 and Air Act, 1981 and there is no necessity for obtaining the CTO by the industries covered under white category and other units not covered under Red, Orange and Green category and intimation to the Board in this regard shall suffice.
3.No documents are allowed to be submitted manually.
4.No documents are allowed to be submitted manually.
5. The timelines and process for deciding the application for extension/renewal of CTO will be same as prescribed in procedure for grant of 1st CTO.
6. The validity of CTO will be 5 years in case of Red category, 10 year in case of Orange category and 15 years in case of Green Category of industries subject to deposition of consent fee by the units for the said period depending upon the category of the industries.
7. The consent to operate will be renewed only in those cases where there is no change in the raw material, process, product, increase in overall capital investment cost on land, building, plant and machinery, production capacity and also in pollution load of the unit and will remain the same as declared in the original application for obtaining previous CTO.
8. The CTO will be renewed only for those units which are complying the standards prescribed for discharge of pollutants prescribed under EP Rules, 1986 and submitted all required documents and prescribed consent fees.
9. If the industrial units / projects fails to apply before 90 days of the expiry of previous consent and applies 60 days before the expiry of previous consent, the unit shall have to pay additional consent fee @ 50% of the consent fee notified under the Rules. Subsequently, if the unit fails to apply before 60 days of the expiry of previous consent and applies 30 days before the expiry of previous consent, then the unit will have to pay additional consent fee @ 100% of the consent fee applicable. If the unit fails to apply 30 days before the expiry of the previous consent, the unit will have to pay additional consent fee @ 200% of the consent fee applicable. Thereafter, the Board will take closure action under the provisions of Water Act, 1974/ Air Act, 1981 against such units for not having the valid consent to operate.
10. In, case the unit apply for renewal of CTO after the date of expiry of consent period or after taking the penal action as prescribed above then such applications will be entertained only if such units deposit consent fees for the longer period as per the policy of the Board depending upon the category of the unit alongwith the additional fees @ 300% of the consent fees prescribed for one year alongwith normal consent fees for subsequent years.
11. There will be no requirement of inspection of industries at the time of renewal of CTO. However such units will be required to submit the analysis reports of effluent, air emissions and noise as applicable, from any of the recognized laboratories showing the compliance of prescribed standards, with self certification and undertaking for compliance of the relevant provisions of Acts/Rules as applicable and adherence to the prescribed standards.
12. The unit will be at liberty to get their samples of effluent/air emissions/noise, analyzed from Board’s laboratories, for the purpose of renewal of consent to operate. In that case, the inspection will be carried out for the purpose of this sampling by the authorized officer (s) of the Board only after taking prior permission from the Competent Authority.