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.(Office Order dated 23/12/2020)
|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||-||-||Upto Rs.100 crores||'C' Class Municipal
|2||Regional Officer||Up to Rs. 10 Crores Excluding industries listed in annexure A||Upto Rs.150 Crores||Above Rs.100
crores upto Rs.500
|‘B’ Class Municipal
|Upto Rs.25 crores|
|3||Head Of Departments||Above Re.10 crores
upto Rs.50 crores
|Above Rs. 150
crores upto Rs.500
|Above Rs. 500 Crs upto Rs.1000 Crores||A- Class Municipal Councils and Cantonment Boards||Above Rs. 25 crores upto Rs.100
|4||Consent Committee||Above Ra.50 crores upto Rs.150 crores||Above Rs.500
crores upto Rs.750
|5||Consent Appraisal Committee||More than Rs.150
|More than Re.1500
|More than Rs.4000
|-||More than Rs.750 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
- 1. Projects requiring Environmental Clearance from Gal and GoM.
- 2. All application of CRZ or other restricted areas.
- 3. Thermal Power plants
- 4. Sponge iron plants
- 5. Fertilizer excluding organic bio-fertilizer and formulation.
- 6. Common Effluent Treatment Plants (CETP) / Common Hazardous Waste Treatment Storage And Disposal Facility (CHWTSDF} / Common Bio-Medical Waste Treatment Facility (CBMWTDF)/ Common MSWTSD Facility
- 7. Industries having electroplating, Electrical Arc, induction, Cupola and Blast Furnaces.
- 1. 6. Distillery (Molasses Based)
- 8. Coke Oven
- 9. Bulk Drug
- 10. Pesticide Technical
- 11. Cement
- 12. Tanneries
- 13. Slaughterhouses
- 14. Dyes and Dyes intermediates
- 15. Pigment and Paint manufacturing
- 16. Petrochemical Refinery and Petrochemicals
Revision of Consent Fee w.e.f. 25/08/2011 Govt.of Mah. G.R. dated 25/08/2011
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".