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.(Office Order dated 01/03/2013)
|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||Sub Regional Officer||-||-||Up to 50 cr||-||-|
|2||Regional Officer||Up to Rs. 10 Crores Excluding industries listed in annexure A||Upto Rs.150 Crores||Above Rs.50 Crores upto Rs.500 Crores||B & C - Class Municipal Councils and cantonment Boards||Up to Rs.25 Crores|
|3||Head Of Departments||Above Rs.10 Crores uptoRs.25 Crores||Above Rs. 150 Crores upto Rs.250 Crores||Above Rs. 500 Crs upto Rs.1000 Crores||A- Class Municipal Councils and Cantonment Boards||-|
|4||Consent Committee||>Above Rs.25 Crores upto Rs.75 Crores||Above Rs.250 Crores upto Rs.750 Crores||Above Rs.1000 Crores upto Rs.2000 Crores||-||Above Rs.25 Crores upto Rs.350 Crores|
|5||Consent Appraisal Committee||More than Rs 75 Crores||More than Rs. 750 Crores||More than Rs. 2000 Crores||All Municipal Corporations||More than Rs.350 Crores|
- 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
- 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 25/08/2011 and are as under :
|Sr.No.||Capital Investment of industry (including land, building, machinery without depreciation)||Consent to Establish||Consent to Operate|
|1.||More than Rs. 100 Crores||0.02% of Capital Investment||0.02% of Capital Investment|
|2.||More than 75Crs to 100Crs.||Rs.1,25,000/-||Rs.1,25,000/-|
|3.||More than 50 Crs to 75 Crs||Rs.1,00,000/-||Rs.1,00,000/-|
|4.||More than 25 Crs to 50 Crs||Rs.75,000/-||Rs.75,000/-|
|5.||More than 10 Crs to 25 Crs||Rs.50,000/-||Rs.50,000/-|
|6.||More than 5 Crs to 10 Crs||Rs.25,000/-||Rs.25,000/-|
|7.||More than 1 Crs to 5 Crs||Rs.15,000/-||Rs.15,000/-|
|8.||More than 60 Lakhs to 1Cr||Rs.5,000/-||Rs.5,000/-|
|9.||More than 10 Lakhs to 60 Lakhs||Rs.1,500/-||Rs.1,500/-|
|B) Urban Local Bodies (Under water Act)|
|2||Municipal Council Class-A||Rs.50,000/-|
|3||Municipal Council Class-B||Rs.5,000/-|
|3||Municipal Council Class-C||Rs.2,000/-|
The mining projects will pay Rs.0.40 per tone of Mineral per annum in addition to the payment as per capital cost of the mining project as Consent fee".