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     Consent Under Water & Air Act
 
 

Under the provisions of these Acts, an entrepreneur running or establishing any industry or process, and discharging effluent/emitting pollutants into any water resources or on land/air and polluting thereby the environmental water/air is required to obtain consent, which needs to obtained in two phases;

Consent to Establish:This consent is to be obtained prior to establishing any industry or process.
Consent to Operate:Once the industry or process plant is established along the required pollution control systems, the entrepreneur is required to obtain consent to operate the unit. This consent is given for a particular period, which needs to be renewed regularly.

Delegations of Powers to Grant Consent:

In order to bring simplification and speedy disposal of consent applications, Board has delegated powers to Board Offices, Member Secretary and Consent Appraisal Committee.

 
Sr.No. Authority Red Category Orange Category Green Category Consent and authorization to Urban Local Bodies including cantonment Boards and other planning authorities Infrasture Projects such as townships, IT Parks, SEZ, Highways irrigation Projects, Building and construction projects
1 SRO - - Up to 50 cr - -
2 RO Up to Rs. 05 Cr Excluding industries listed in annexure A Up to Rs.50 Cr Up to Rs.100 Cr B & C - Class Municipal Councils and cantonment Boards Up to Rs.20 Cr
3 HOD Above Rs.05 Crs upto Rs.10 Crs Above Rs. 50 Crs upto Rs.100 Crs Above Rs. 100 Crs upto Rs.500 Crs - Above Rs.20 Crs upto Rs.50 Crs
4 MS Above Rs.10 Crs upto Rs.25 Crs Above Rs.100 Crs upto Rs.200Crs Above Rs.500 Crs upto Rs.1000 Crs A-Class Municipal Councils, other planning authorities Above Rs.50 Crs. upto Rs.100 Crs
5 Consent Committee under Chairman ship of MS Above Rs.25 Crs upto Rs.50 Crs Above Rs.200 Crs upto Rs.300Crs Above Rs.1000 Crs upto Rs.1500 Crs
-
Above Rs.100 Crs upto Rs.200 Crs
6 Chairman Above Rs.50 Crs upto Rs.100 Crs Above Rs.300 Crs upto Rs.500 Crs Above Rs.1500 Crs upto Rs.2000 Crs
-
Above Rs.200 Crs upto Rs.500 Crs
7 Consent Appraisal Committee More than Rs 100 Cr More than Rs. 500 Cr More than Rs. 2000 Cr All Municipal Corporations More than Rs.500 cr
Note:-
  • Where Stringent legal action like prosecution /Final Closure direction have been given in the past one year, the cases of grant of renewal will be referred to next higher authority for all category of industry for grant or refusal of Consent.
  • All figures mentioned above are pertaining to Capital investment. The capital investment including land, building, plant and machinery, without depreciation shall be considered as per C.A. Certificate/Annual report.
  • the applications under the delegated power of RO should be processed by respective are SRO and submitted to RO for decision. similarly, the applications under the preview of SRO delegated powers shall be processed by FO.
  • The cases involved in any court case, in ecological fragile areas like Dahanu, Matheran, Mahabaleshwar, Panchgani, Murud Jangira etc; RRZ; Bhatsa area; cases of Registration of recyclers & reprocessors be dealth with approval of Member Secretary.
 
LIST INDUSTRIES EXCLUDED FROM DELEGATION OF CONSENT AND AUTHORIZATION MANAGEMENT TO REGIONAL OFFICERS
 
    • Consent to establish and consent to first operate for all projects requiring Environmental Clearances from GOI or GoM.
    • All applications in RRZ, CRZ or other restricted areas or EC category where expansion, change in product, process etc is sought on the grounds that the overall pollution load is reduced or not changed.
    • Thermal power plant
    • Sponge iron plants
    • Fertilizer excluding organic bio fertilizer and formulations.
    • Common Effluent Treatment Plant (CETP) / Common Hazardous Waste Treatment Storage Disposal Facility (CHWTSDF)/Common Bio Medical Waste Treatment Storage Disposal Facility (CBMWTSDF)/ Common MSW TSD Facility
    • Industries having Electroplating, Electrical arc, induction, cupola and blast furnances
    • Distillery (molasses based)
    • Coke oven
    • Bulk drug
    • Pesticide Technical
    • Cement
    • Tanneries
    • Slaughterhouse
    • Dye and dye intermediate
    • Pigment and paint manufacturing
    • Petrochemical Refinery and petrochemicals
 
Fees for combined consent for one term under Water and Air Acts

The entrepreneurs need to pay the consent fees to the Board as per the statement given below. These fees are payable in form of Demand Draft at any Nationalised bank at respective Sub-Regional office or Regional office or at head quarter along with the completed prescribed form. The term of consent for Red, Orange and Green category of Industry is one, two and three years respectively. The industries can also obtain the consent for extended period up to 5 terms by paying proportionate fees.

The Fees have been revised vide Govt. of Maharashtra , GR dt 8/6/04 and are as under :
 
Sr.
No.
Capital Investment of industry (including land, building, machinery without depreciation)r
Consent to Establish
Consent to Operate
1.
More than Rs. 100 Crores 0.01% of Capital Investment 0.01% of Capital Investment

2.

Between Rs. 50 Crs. to 100 Crs. Rs.75,000/- Rs.75,000/-
3.
Between Rs. 10 Crs. to 50Crs. Rs.50,000/- Rs.50,000/-
4.
Between Rs. 5 Crs. to 10 Crs. Rs.20,000/- Rs.20,000/-
5.
Between Rs. 1 Crs. to 5 Crs. Rs.10,000/- Rs.10,000/-
6.
Between Rs. 60 Lacs. to 1 Crs. Rs.3,000/- Rs.3,000/-
7.
Between Rs. 10 Lacs. to 60 Lacs. Rs.1,500/- Rs.1,500/-
8.
Below Rs. 10 Lacs. Rs.500/- Rs.500/-
 
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