Consent Policy

The various provisions under Air and Water Act with respect to Consent are as follows:

1. Section 19(2) of Air(Prevention & Control of pollution)Act, 1981 The State government may, after consultation with the State Board, by notification in the Official Gazette.
   • Alter any air pollution control area whether by way of extension or reduction:
   • Declare a new air pollution control area in which may be merged one or more existing air pollution control areas, or any part or parts thereof.
2. Section 21 of Air Act:
   • Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area : Provided that a person operating any industrial plant in any air pollution control area, immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.
   • An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may bc prescribed 'and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed : Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused,
   • The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be prescribed.
   • Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing, [and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse consent: Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled: Provided further that before canceling a consent or refusing a further consent under the first provision, a reasonable opportunity of being heard shall be given to the person concerned.
   • Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely -
     • the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on;
     • the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board;
     • the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition;
     • chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises; .and
     • such other conditions as the State Board, may specify in this behalf,
     • the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf.
   • If due to any technological improvement or otherwise the State Board is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in whole or in part), the State Board shall, after giving the person to whom consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied.
   • Where a person to whom consent has been granted by the State Board under sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally.
   • Notification No. G.S.R. 106(E) dated 20th February, 1987.
     In exercise of the powers conferred by sub-section(1) of Section 19 of the Air (Prevention & Control of Pollution) (Union Territories) Act, 1981(14 of 1981),read with section 6 of that Act and rule 8 of the Air (Prevention & Control of Pollution) (Union Territories) Rules, 1983, The Central Government after consultation with the central board for the Prevention and Control of Water Pollution, hereby declares, with effect from the date of publication of this notification in the Official Gazette, the whole of the Union territory of Delhi, as air pollution control area.
   • Water((Prevention & Control of pollution) Act, 1974
     • Subject to the provisions of this section, no person shall, without the previous consent of the State Board,--
       (a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
       (b) bring into use any new or altered outlets for the discharge of sewage; or
       (c) begin to make any new discharge of sewage;
       Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary prior to such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application.
     • An application for consent of the State Board under sub-section (1) shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed.
     • The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may be prescribed.
   • The State Board may --
     • A. grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being--
       1. in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage;
       2. in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and

       3. that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system or extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or

       4. refuse such consent for reasons to be recorded in writing.
     • Where, without the consent of the State Board, any industry operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may serve on the person who has established or taken steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge.
     • Every State Board shall maintain a register containing particulars or conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject such conditions
     • The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board.
     • For the purposes of this section and sections 27 and 30 --

       1. the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement;

       2. the expression "new discharge" means a discharge which is not, as respects the nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or different outlet), so however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge.

POLICY FOR GRANT OF CONSENT AND AUTHORIZATION 

To streamline the processing / disposal of the Consent applications received under the Water Act, 1974 & Air Act, 1981 and Authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, DPCC has been framing policies and issuing necessary office orders from time to time.

TIME FRAME:

As per the Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011 (Delhi Act 07 of 2011) and to the amendment of the Government’s Notification No. F.6(100)/IT/2014/7319-7353 dated 13th August 2014, the Lt. Governor of National Capital Territory of Delhi, has amended the Schedule appended to the aforesaid Act, for the time frame with regards to deciding various applications and the link is given HERE.

1. Consent to Establish / Operate under Air & Water Acts:

consequent upon the directions issued by Chairman, CPCB u/s l8 (1 ) (b) of Water and Air Act regarding classification of industries and decisions taken by DPCC in the Board meeting held on 27.02.2017, the following is ordered vide order dt: 17.04.2017 & 31.05.2017.

• The industries in Delhi has been classified in Red/ Orange/ Green/ White category as per the list, indicating the classification of industries as uploaded on DPCC website.
• The industries categorized under White category shall not be required to obtain the Consent to Establish / Operate under the Air & Water Acts and submit an undertaking to DPCC online.
• The industries categorized under Red, Orange and Green category only need to apply for Consent to Establish/ Operate under the Air & Water Acts. The period of Consent to Establish shall be from one year to seven years as requested by the Project Proponent. However, the Consent to Operate / Renewal shall be granted for 5 years in case of Red, 10 years in case of Orange Category and 15 years in case of Green category of Industries.
• The consent under Air and Water Acts & Authorization/ Registration under the applicable Rules shall be decided by following:
  • Category II(a) cases by the committee headed by Chairman DPCC.
  • Category II(b) cases by the committee headed by Member Secretary, DPCC
  • Category I cases by the concerned Sr. Env. Engineer / Ce1I In-charge.
• Prohibited / Negative List of Industries mentioned in "Annexure-7.0 (III)" of the Master Plan for Delhi- 2021 are not permitted in NCT of Delhi and therefore application for Consent/ Authorization Registration shall not be accepted from such units.
• The categorization of any new industrial activity etc will be done by the existing Committee for harmonization of classification of the industries with approval of MS and Chairman, DPCC and the above mentioned list shall be appended accordingly.

• It is mandatory to apply for consent through online DPCC portal and no need to deposit hard copy in DPCC.


• The above mentioned committees are taking decisions online in its meetings.


• DPCC is receiving application for consent and authorisation from the areas notified for redevelopment under MPD-2021 as per office order dated 14.12.2016.


• DPCC also accepts applications for registration online under the Plastic Waste Management Rules 2016.


• Authorizations under the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 for the Hazardous Waste Generating Units are being kept pending due to the directions of Hon'ble NGT regarding TSDF and CETPs. 


• Meetings of the two Committees constituted for deciding consent and authorization are held regularly and decisions taken are implemented by the concerned CMC.


• Inspection is conducted on the directions of the Consent Management Committee or the Competent Authority & the inspection report shall be uploaded in the online module by concerned CMCs within 24 hours.


• No consent to operate is granted until industrial unit has obtained consent to establish.


• Redressal of public complaints received through web portals of PGMS. Listening post of LG, GMS, CP Grams etc. as per the policy.


•  

Units Operating in Residential Area/Non-Conforming Areas:

• With regard to closure of the illegal units from the residential / non-conforming areas, Hon'ble Supreme Court has passed an order on 07.05.2004 in I.A. No 22 in WP(C) No. 4677 of 1985 titled as M.C. Mehta Vs. Union of India & Others. As per the order all industrial units that have come up in residential / non-conforming areas in Delhi on or after 1st August, 1990 shall close down.
• As per the meetings held before Chief Secretary, Govt. of NCT of Delhi lastly on 05.06.2015, it has already been decided that action on industries operating in non -conforming areas and violating the Master Plan of Delhi will be taken under the Delhi Development Act by the Delhi Development Authority in development areas and Municipal Corporation of Delhi in all other areas. Commissioner of Industries is working as a Nodal Officer on behalf of the Hon'ble Supreme Court Monitoring Committee as constituted by the Hon'ble Supreme Court of India in the order dated 07.05.2004.
• Municipal Corporation of Delhi/ Concerned Land Owning Agencies, which have been entrusted with the powers to enforce the Master Plan has original jurisdiction to ensure that no industry runs in violation of MPD-2021.
• Household industries as per the criteria given in MPD-2021 have to obtain No Objection certificate from the high powered committee constituted under the Chairmanship of Commissioner of Industries, Department of Industries and Government of Delhi in reference to the Hon'ble Supreme Court orders in I.A. No 22 in WP(C) No. 4677 of 1985 titled as M.C. Mehta Vs. Union of India & Others.

2. Authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016:As per rule 6 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, as amended to date, every occupier of the facility, handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous waste and other wastes shall be required to obtain an authorization from Delhi Pollution Control Committee(DPCC).

3. Authorization under Bio-Medical Waste Management Rules, 2016:

For deciding applications for Authorization under BMW Rules and Consent under Air & Water Act, in   respect of Hospitals/Health Care Establishments/ Nursing Homes etc.  Having bed strength less than 51 beds including Digonistic Centres, Path Labs etc. Authorization and Consent to Establish and Consent to Operate under BMW Rules will be decided by Concerned Branch Incharge.

Hospital/ Nursing Homes/Health Care Establishments etc. having bed strength of more than 50 beds including Digonistic Centres, Path Labs etc. Authorization and Consent to Establish and Consent to Operate under BMW Rules will be decided by following Committes:-

Common Bio-Medical Waste Treatment Facilities (CBWTFs) in Delhi :

1. M/s Biotic Waste Solutions Pvt.Ltd.,
   46 , SSI Industrial Area,G.T.Karnal Road, Delhi-33
   Phone (O) : 011 - 47528106, 47528107.


2. M/s SMS Water Grace BMW Pvt. Ltd,
   Nilothi Sewage Treatment Plant Complex of DJB, Nilothi, Delhi-41
   Phone No. 011-28363691, 28363692, 28363693, 28363079.
   Fax No: 011-28363690 Mob:09560521112, 09871222338.

Following two agencies have been identified by DPCC for collection of the mercury from the Hospital/Health Care Establishments in Delhi.

1. Shri Rohit Talwar , M/s Supreme Surgico ,
   262 / 425 , Lane No. 8, Friends Colony Industrial Area, Shadara, Delhi.
   (Mobile No. 9958527527)


2. ShriSandeepKalra, M/s Anita Industries,
   29, Bhagat Singh Market, New Delhi.
   (Mobile No. 9810240250)

These agencies are engaged in manufacture of Thermometers / B.P. measuring Apparatus etc. and the collected mercury from hospitals which is almost in elemental form is used in their manufacturing process.

4. Authorization under Solid Waste Management Rules, 2016:

1. Every Local body/Municipal Authority shall, within its territorial area , be responsible for the implementation of the provisions of these Rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes,and shall make an application in Form-I for grant of authorization for setting up waste processing, facility, if the volume of waste is exceeding five metric tones per day including sanitary landfills from DPCC.
2. The operator of Solid Waste Processing and treatment facility shall obtain necessary approvals(Consent under Air&Water Acts, and Authorization under Solid Waste Management Rules, 2016) from DPCC.
3. Authorization granted shall be valid for a period of 5 years and after the validity is over, a fresh Authorization shall be required to be submitted to DPCC.
4. Validity of Authorization shall be synchronised with validity of Consent.

5. Authorization under Construction and Demolition Waste Management Rules, 2016:

• The operator of Construction and Demolition Waste processing facilities are required to apply for authorization under Construction and Demolition Waste Management Rule, 2016 in Form-I to DPCC.

6. Authorization under E-Waste(Management) Rules, 2016:

1. Ministry of Environment, Forest and Climate Change has notified E-waste (Management) Rules, 2016 on 23.03.2016 which are effective from 01.10.2016.
2. 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.
3. "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.
4. "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.

FEE STRUCTURE

Structure of fee for Consent to Establish and Consent to Operate for all industrial units, Consent for Housing Complexes, Commercial Complexes, Office Complexes including IT, infrastructural and Town Development Projects, or Consent to Establish, Consent to Operate, and Authorization for Bio-medical Waste Management under BMW Rules for Health Care Establishments and for Authorization under Hazardous Waste Rules are here under:

Click here to see the structure for obtaning Consent/Authorization Fee.