Q
|
Which industry needs Consent/permission of MPCB?
|
A |
Any industry, operation or process or an extension and addition thereto, which
is likely to discharge sewerage or trade effluent into
the environment or likely to emit any air pollution
into the atmosphere will have to obtain consent of the
State Pollution Control Board under the provisions of
Water (P & CP) Act, 1974 and Air (P & CP) Act,
1981.
Similarly any industry / process generating, storing,
transporting, disposing or handling hazardous waste
as defined in schedule 1 and 2 of Hazardous waste (Handing
and Management) Rules, 1989, as amended in 2000 are
required to obtain authorization from MPC Board under
the said rules.
The medical institutions generating biomedical waste
as defined in Biomedical Waste (M & H) Rules, 1989
are required to obtain Authorisation under the said
rules. |
|
|
Q
|
What are the types of consent? |
A |
There are three
types of consent issued under the provisions of Water
(P & CP) Act 1974 and Air (P & CP) Act, 1981. |
|
i |
Consent to Establish: |
|
. |
All the industries and activities needing
consent must obtain consent to establish before actual
commencement of the works for establishing the industry/activity. |
|
ii |
Consent to Operate: |
|
|
This consent needs to be taken before actual
commencement of production including trial production.
This consent is valid for certain duration. |
|
iii |
Renewal of Consent to Operate: |
|
|
The consent to operate is renewed after
certain period. |
|
|
Q
|
Is there any prescribed form
for that? If yes, where can I get it? |
A |
Prescribed application forms
for the consent under Water (P&CP) Act, 1974 &
Air (P&CP) Act, 1981, Hazardous Waste (M&H)
Rules, 1989 are available at this website in downloadable
format and can also be procured from all the offices
of the MPCB on payment basis.
For the convenience of the entrepreneurs, a combined
application form for consent under Water & Air Act
and Authorisation under Hazardous Waste (M & H)
Rules, 1989 has recently been introduced in the state
of Maharashtra. |
|
Q
|
What are the fees applicable
and where and how it should be paid? |
A |
The fees for consent under
Water & Air Act are payable on the capital investment
of the industry (Including land, building and machinery
without depreciation). This information is available
in the consent/authorisation procedure section of this
website. The industries can also pay fees for longer
period up to 5 terms for consent to Operate.
The fees for authorization under Biomedical waste (M&H)
Rules, 1998 are linked to the bed capacity of hospital.
This is also given in consent/authorization procedure
section of this website. The fees for authorization
under Hazardous waste (M&H) Rules 1989 are Rs.7500/-
for a period of 5 years.
The fees are payable in the form of DD at Sub-Regional
offices of the Board along with completely filled application
form. |
|
Q
|
What are the restrictions
on setting of any Industry in Maharashtra? |
A |
The entrepreneurs are advised
to see the applicable restrictions for siting of new industry
or its expansion. These restrictions are presented in
Consent /authorization procedures/restrictions. |
|
|
Q
|
Where shall I register
my complaint about noise pollution, automobile exhaust,
smell, nuisance, mangrove cutting etc? |
A |
The
citizens can register complaint about their environmental
concerns as under,
Concern |
Agency |
Noise Pollution |
|
*Industrial
noise pollution |
MPCB |
* Non-industrial
noise pollution |
Police department |
Automobile/vehicle pollution |
Transport department |
Complaints of nuisance in Municipal
Areas |
 Municipal Authorities |
Water and Air pollution |
 MPCB |
CRZ related complaints |
Revenue department |
|
|
Q
|
What is the vision of the MPCB towards
futuristic approach? |
A |
MPCB has developed vision statement as:
"Improvement in the Board's functional efficiency transparency
in operation, and adequate response to growing needs of environmental
protection and sustainable development in the State of Maharasthra"
and is self explanatory |
|
Q
|
What role does MPCB play
in pollution control ? |
A |
MPCB being a major regulator for implementation of
environmental Laws and pollution control in the State, plays an
important role in securing sustainable development by enforcing
various laws, rules, regulations notifications etc. pertaining
to prevention and control of pollution. It is also responsible
for monitoring of pollution and for preventive and curative action.
MPCB's role has become multi-disciplinary including command and control,
Regulator, Facilitator, Management Consultant and Guide to all the stake
holders. Monitoring and surveillance has been one of the important function
of the Board. Besides that by dissemination of information on Environment
Protection and Training to all Stake holders, creation of Awareness become
one of the important function of the Board u/s 17 of both the Water (P&CP)
and the Air (P&CP) Act, 1981 respectively.
MPCB is also supposed to initiate remediation or restoration
process by imposing remediation cost and penalty with the approval
of the CPCB under the provisions of the Hazardous Waste
(Management, Handling & Transboundary Movement) rules, 2008.
MPCB is also empowered to carry out certain urgent works, as
are within its bound. |
|
Q
|
. Is MPCB's role merely that of a regulator?
Or does it play a facilitator's role also |
A |
MPCB's primary role is of a regulator.
However, it goes beyond regulation in order to advise all stake-holders
involved in environment management and pollution control for compliance
of the laws to organize the systems necessary for securing this objective
and also to sensitize the laws and their implications |
|
Q
|
How is MPCB connected to State Govt.,
CPCB and MoEF ? |
A |
MPCB is an autonomous statutory body. In certain
administrative and technical matters, it is responsible to State Government,
Central Pollution Control Board and Ministry of Environment and Forests,
Govt.of India. In critical matters, it is bound to go by the directions
given by the State Government, CPCB or MoEF as the case may be. |
|
Q
|
. What are the environmental and pollution related
clearances required to set up and start an industrial unit ? |
A |
Normally the MPCB's No Objection Certificate in the
form of combined Consent to establishment under Water Act, Air Act & Hazardous
wastes Rules would be required for setting up of an industrial unit. In regard
to 39 specified industrial and infrastructure projects, environmental clearance
from the MoEF, Govt.of India and State Environment Department are also required
as per Environmental Impact Assessment Notification dtd.14/09/2006 hoisted on the
MPCB's Website mpcb[at]gov[dot]in These industry specific details would be available
from the information provided in this Website. For the industrial units, MSW
sites and other developmental activities located on the coastal stretches
of bays, estuaries, creeks, rivers and back waters, CRZ clearance also is required. |
|
Q
|
Is MPCB's role confined to regulate
industrial pollution only ? |
A |
. No. It is also concerned with management
of municipal waste, bio-medical wastes, used lead acid batteries,
hazardous chemicals, electronic wastes and some other aspects
related to pollution. MPCB implements various Regulations and
Notifications issued by the Ministry of Environment and Forests,
Govt. of India, which are placed on the MPCB’s website. |
|
Q
|
What are the enforcement powers
vesting in MPCB ? |
A |
The important enforcement powers vested
in MPCB are laying down standards and securing their compliance,
inspection and monitoring of all sources of pollution, issuance
of notices with time limit to comply with the legal requirements,
closure of the defaulter unit in grave cases and prosecution in
cases of serious violation. |
|
Q
|
Can a citizen take recourse
to court action against a polluting unit? |
A |
. Yes. If for serious violation of law, no action
is taken by the authority,
a citizen can approach the court of law a
fter giving 60 days notice to MPCB. |
|
Q
|
. Where does one can complaint
against a polluting unit ? |
A |
Complaint about violator of pollution control laws
can be brought to the notice of the Regional Office of MPCB,
Head Office of MPCB at Mumbai or to the State Government.
There are certain matters in which the authority lies with
the District Collector, Municipal Corporation Municipal
local bodies and other authorities in terms of the laws
they are implementing. In such cases, the right forum will
be those authorities to deal with such matters. |
|
Q
|
What are the responsibilities of polluting
industry to prevent and control pollution ? |
A |
Permission like consent and or Environmental
Clearance or CRZ clearance need to be obtained before setting
up of an industrial unit and Consent/Authorization are mandatory
before starting of the production. Running a polluting industry
without the mandatory clearances is an offence and such unit will
be liable to face stringent actions like closure and prosecution.
Clearances are given for stipulated period and they need to be
renewed before the term expires. Activities like contaminating
the land by illegal dumping of hazardous wastes will invite penal
provisions like fine and restoration of the contaminated land at
the cost of the polluter, in addition to other steps. |
|
Q
|
Is pollution a necessary price
that we have to pay for achieving development ? |
A |
No. The laws stipulate that all development
should be carried out with minimal occurrence of pollution. Technologies
are available for controlling pollution as per the norms prescribed for
different processes. Therefore, the perception that pollution is the
price for securing fast development is erroneous. However, if necessary
steps are not taken by the polluting unit, as per the principles laid
down by the Hon'ble Supreme Court of India, the polluter is required
to pay the cost of pollution caused by him by not taking anti-pollution
measures. |
|
Q
|
What is the concept of sustainable
development ? |
A |
In simple terms, it means that the development
process should be carried out in such a way that damage to environment is minimal.
It also means that the present generation, should utilize the resources in such
a manner that the ability of posterity to have quality of life is not undermined.
It also means that irreversible damage to environment should not take place in the
process of development and the natural resources are to be protected for future
generations |
|
Q
|
What is the role of MPCB in securing
sustainable development ? |
A |
The entire spectrum of laws and regulations
which the MPCB is regulating has the aim of minimizing pollution and thereby
securing sustainable development. It also advises and enforces measures for
prevention of pollution by way of adoption of cleaner technologies and recycling
and reuse of wastes. In grave situation, it acts to the extent of closing down
the polluting unit which may damage the ecology in an irreversible fashion. |
|
Q
|
Is MPCB the only authority to control
pollution ? |
A |
MPCB is the chief regulator for a number of laws
enacted and notified by the Government of India. However, it terms of other laws
and also as implementing authority under environmental laws, authorities like
District Magistrate, Govt. Departments like Home Department, Transport Department,
Inspectorate of Factories, Health Dept., Local Bodies, Forests and Environment Dept.,
Civil Supplies Dept., Urban Development Dept., Industries Dept. etc. have also very
important role to play in controlling pollution. |
|
Q
|
What can a citizen do to prevent
and control pollution ? |
A |
A citizen can do much by adopting
a code of conduct for himself as per various Environmental Laws and
Rules passed by the Central and State Governments to desist from all
activity which may pollute the environment. He can also bring to the
notice of the authorities including MPCB about the violation of
laws meant to protect environment. He can also sensitize the neighborhood
about the right practices for preventing the damage to environment through
Neighborhood Associations, Voluntary Organizations etc. In extra-ordinary
situation, citizens have the legal right to approach the Court of Law after
giving 60 days notice to MPCB and other Government Departments including the
violator/s in the prescribed format |
|
Q
|
What is the purpose behind laying down
standards for pollution control? |
A |
The idea behind laying down standards is basically
due to the realization that minimal pollution is rather inevitable in the production
process. The environment has the capacity to absorb the minimal amount of pollution
without any serious adverse impact. However, if this exceeds a certain limit, then
the damage to environment cannot be avoided. The standards are fixed at the threshold,
where the pollutants released by the production process do not lead to such a
situation. In other words the standards are decided to contain the release of
pollutant to the environment and thereby protect the overall quality of environment.
In some cases, the standards are industry specific as well as location specific |
|
Q
|
Who prescribes the standards for
pollution control? |
A |
The standards are prescribed by the Ministry of Environment
& Forest, Govt. of India, which are minimum uniform national standards, which can not be
relaxed by any Authority including SPCBs and Maharashtra Pollution Control Board, which
can prescribe more stringent standards than whatever laid down by the MoEF, GoI, taking
into consideration the local conditions. |
|
Q
|
What are the parameters for which standards
are prescribed? |
A |
Standards are prescribed for following parameters:
Water :
pH, Colour, BOD, COD, Total Dissolved Solids, Temperature, Suspended Solids,
Ammonical Nitrogen, Oil & Grease, Toxicants, Fluorides, Phenol, Cyanides,
Heavy Metals, Pesticides, Bacteriology, Fical Coliforms and Fluorides.
Air :
Suspended Particulate Matters, SOx, NOx, HCl, Cl2Ammonia, RSPM, etc. |
|
Q
|
What is meant by Command & Control approach
towards pollution control? |
A |
Command and control refers to the present "Top down"
approach under which the entire pollution control dispensation is prescribed from
above. Prescriptions are in the form of orders which all are obliged to comply with.
There is no scope for a bottom up approach under which each polluting unit can be
given individual set of parameters. |
|
Q
|
Besides command and control, what other
approaches are in practice to prevent and control pollution? |
A |
In certain countries market based instruments
have either replaced command and control or practiced in-conjunction with
command and control. In this situation, there is possibility of one unit
trading its waste load with another unit. However, under the Indian situation
as yet command and control reigns supreme with some scope for economic instruments.
The industries also adopt voluntary schemes based upon CREP under which they
voluntarily submit to adoption of measures aimed at environmental compliance
beyond the legal norms. They also benchmark themselves against International
Standards, like getting ISO 14001 certificate. |
|
Q
|
What is meant by "End of the
pipe treatment"? |
A |
"End of the pipe treatment" connotes the present
arrangements under which the industry is allowed to carry on with the production
process and treat the waste as per the stipulated standards and dispose of the same.. |
|
Q
|
What is the alternative to end of
the pipeline approach? |
A |
The alternative is waste prevention and minimization,
by implementing suitable sound technology for minimization of waste generation.
Waste can be effectively segregated, recycled and reused so as to minimize the
waste load. |
|
Q
|
Is it possible to prevent
generation of waste by industries? |
A |
Yes. It is a question of using the right process
technology and other measures for waste prevention mentioned above.
With the advancement of new process technologies and raw materials,
there is steady improvement towards prevention of generation of waste
in some industrial sectors. These processes, however, have not reached such
a stage that complete prevention of waste generation by all industries is possible. |
|
Q
|
What are the methods in practice
for waste reduction, recycling and reuse? |
A |
Cleaner Technological options, ensuring mass balance,
stochiometry and to improve the process with respect to yield, Reverse Osmosis,
Distillation, solvent recovery, clarification, purification, use of waste as a
raw material, waste exchange etc are some of the proven methods. |
|
Q
|
Are small units exempted from the
regulations pertaining
to pollution control? |
A |
. The law is applicable to all units irrespective of size. SSI units are
eligible for few exemptions. |
|
Q
|
How important is the development of common
facilities for waste treatment and disposal. |
A |
The setting up of common facilities like TSDF, CETP,
CBWTF, pipelines etc. render it possible for units particularly for small unit
to reduce the cost of treatment of waste because of economy of the scale in
operation. Besides for every unit to set up all waste disposal requirements
individually may not be possible due to shortage of land. This problem also
can be resolved through common facilities, where small scale units to provide
primary treatment only and for secondary treatment, it has to become a Member
of CETP in cluster of industries. |
|
Q
|
What are the important common waste treatment
facilities in Maharashtra? |
A |
The common facilities in the State are CETPs
(for effluent treatment), TSDF (for Hazardous Waste Disposal), Common
incineration for incinerating certain kinds of waste, Common Bio-Medical
Waste Treatment Facilities and Effluent Conveyance pipelines for transporting
treated effluent to safer disposal points. The details are placed on the Website
of the Maharashtra Pollution Control Board. |
|
Q
|
How can one make use of common
waste treatment facility in the State? |
A |
Maharashtra Pollution Control Board as well as
agreement with operator of the common
facilities would be necessary for using the common facilities. |
|
Q
|
What is MPCB doing to correct the
situation of Golden Corridor ? |
A |
MPCB has taken up many corrective measures
like river monitoring, identification and monitoring of polluted stretches
of streams, intensive monitoring by Vigilance Squad
as well as strict monitoring of individual industry
by surprise monitoring. MPCB has laid down stringent
norms for discharges into various Creeks, setting up of
common facilities like CETPs, STPs by Municipal Corporations,
TSDF, common Bio-medical waste treatment facilities, common incinerators
for HW for treated effluent to safe disposal point. MPCB has directed individual
industry to upgrade its treatment facilities to meet with MPCB norms and initiated
action against the defaulters as and when found necessary. MPCB has prepared Action
Plans for control of Air Pollution in Mumbai, Pune, Solapur, Chandrapur area are
started implementation. MPCB has also identified illegal dumping site. The one site
at Tarapur was scientifically capped and waste from the another sitres shifted to the
TSDFs and started the remedification of such sites through concerned Industrial
Association and operator of TSDF. |
|
Q
|
What exactly is meant by monitoring of
the industrial unit ? |
A |
. Monitoring of the industrial unit means sending out
the monitoring teams comprised of skilled technical &
scientific officers to verify the compliance of conditions
imposed in NOC, Consent, Authorization etc. Monitoring includes
performance evaluation of Environment Management System (EMS) in
respect of Board's notices/directives and checking the compliance
of Environmental Clearance conditions and that no violation of law takes place. |
|
Q
|
What are the control mechanism developed in MPCB in
order to ensure that polluting units are
really complying with the regulation ? |
A |
MPCB has set up mechanisms to analyze
the reports received from the monitoring teams and the laboratory verifies
the samples and also verifies the compliance of other techno-legal requirements
that the unit has to comply with. Based upon the findings so arrived at enforcement
measures are taken. In certain cases surprise checking through Vigilance Squad
are also carried out. |
|
Q
|
What exactly is the object of MPCB's
Charter for Good Governance ? |
A |
MPCB Charter for good governance aims at
bringing about quality change in its working by making it a knowledge based
organization to cope up with the new challenges through capacity building series,
streamlining procedure and also fixing the accountability. It also aims at
transparency in working and improving the services rendered by it quality-wise
and time-wise. |
|
Q
|
Is MPCB 'Pro Industry' , 'Anti Industry"
or something else ? |
A |
MPCB is neither pro industry nor anti industry.
It is a regulatory body which is performing its functions in accordance with
the law for achieving the ultimate goal of sustainable development through
effective environmental pollution control. |
|
Q
|
What is the set up in MPCB for attending
to the complaints and for redressal of grievances ? |
A |
MPCB attends to the complaints promptly by inspection,
monitoring and verification through its Regional Offices or by sending special
teams or by vigilance squad to visit the site and report back. Complaints can
be lodged online on the Board's website. Both written and oral complaints are
attended on a priority basis. |
|
Q
|
What exactly is the role of the Vigilance
Squad? How does one get in touch with that ? |
A |
The Vigilance Squad is set up in
a Head Office as well as in the Regional Offices. They can be
accessed through telephone, in person or by sending written application.
The role of the vigilance squad is to act fast, and report to the highest
level (Chairman and MS) for prompt action |
|
Q
|
How quickly can one expect the
Vigilance Squad to act ? |
A |
The Vigilance Squad acts without any loss of time. |
|
Q
|
Can one approach the Regional Offices for
informing about violation of laws and illegal dumping of wastes ? |
A |
Yes |
|
Q
|
What is the role of Municipalities
and Municipal Corporations in preventing and controlling pollution ? |
A |
Local Bodies are responsible for proper treatment and safe
disposal of Municipal Solid Waste and sewerage as per the law and as per the standards laid down.
They need to take consent of MPCB and run these facilities as per the norms
laid down. They need to properly attend to the complaints from the public with
regard to disposal of sewerage and solid waste. It should also make available
space/land for Common Bio-Medical Treatment and Disposal Facility and ensure that
within its jurisdiction, the shops and establishments and tiny activities are
granted permission only after compliance of the Environmental Norms. For example :
there should be integrated Slaughter House Management, Common Solid Waste Management,
Bio-Medical Waste Management, Plastic Waste Management,
Hotel Waste Management etc. |
|
Q
|
How does MPCB ensure that Municipalities are
discharging their role about pollution control ? |
A |
Sewage Treatment Plants and Solid Waste Disposal Facilities
have to obtain the Consent/Authorization of the Board and the local bodies are mandated to
run them according to the conditions laid down in Consent/Authorization, so as to
comply with the Environmental Norms and to have less adverse effect on the
environment. |
|
Q
|
A few river stretches are
polluted. What is the reason? |
A |
The reason for pollution of river stretches is
illegal discharge into the rivers, by various polluters including local bodies,
industries etc. |
|
Q
|
Is any planning done for remediation of
polluted river stretches? |
A |
Yes. MPCB has monitored these river stretches and
identified the reasons river-wise. An Action Plans are being prepared for
remediation and implementation thereof and is already in process, such as,
Godavari/Krishna River Clean Up Projects. |
|
Q
|
MPCB,s Charter speaks about transforming itself to a "Information based Organization".
What is being done in this regard? |
A |
It has started various activities newly to adopt
Integrated Management Information System approach i.e. IMIS with E.I.C. Zoning Atlas,
Religious Improvement, Demonstration Plants, Role of Management Consultation etc. |
|
Q
|
What is the strength of Technical and Scientific personnel in MPCB? |
A |
About 350. |
|
Q
|
Has MPCB any plan to involve people in better control of pollution? |
A |
Yes. MPCB undertakes a variety of programmes for involving people across
various groups like NGOs, National Green Cores, Eco Clubs, Schools, Colleges, Media,
Industries Associations and also by giving press notes and paid advertisements in the
news papers to sensitize all concerned. Public Hearings for Environmental Clearance
provides an open stage for people's involvement in project clearance. |
|
Q
|
If somebody wants to associate himself with MPCB for pollution control,
which is the contact point? |
A |
This can be done with Head Office or concerned Regional Office. |
|
Q
|
For reference purpose, can people access MPCB Library/Website? |
A |
Yes. |
|
Q
|
Will MPCB officers be available for meaningful inter-action
about pollution control matters? |
A |
Yes. MPCB officers participate in several interaction sessions |
|
Q
|
Does MPCB order compensation for any
damage due to pollution ? |
A |
No. In the cases falling under Public Liability Insurance Act, 1991, the affected party can approach
the District Collector for awarding compensation against the damages. |
|
Q
|
What is the policy of MPCB with regard to plastic bags ? |
A |
The policy of MPCB in this regard is as per the
provisions contained in Maharashtra Non biodegradable Garbage (Control) Act,
2006 and Maharashtra Plastic Carry Bags (Manufacture & Usage) Rules, 2006. No
plastic carry bag are allowed to manufacture below the thickness of 50 micron.
These standards are more strengthen than the Central Rule "The Recycled Plastics
Manufacture and Usage Rules, 1999.". |
|
Q
|
What are the appeal provisions available in rejection cases ? |
A |
Any person aggrieved by the order of Consent under
Water/Air can file an appeal with the Appellate Authority constituted by the State
Government against the authorization under the Hazardous Waste to the Secretary,
Environment Deptt., Govt. of Maharashtra, against the Authorization under the Bio-Medical
Waste to the Hon'ble State Environment Minister, Govt. of Maharashtra and against the
Assessment Order under Water (Prevention and Control of Pollution) Cess Act, 1977 before
the Appellate Authority constituted by the Chairman, MPCB and in the case of Environmental
Clearance of the Govt.of India, the aggrieved person can file the appeal with the National
Environment Appellate Authority at the National Level. |
|
Q
|
What can be done with regard to polluting vehicles ? |
A |
Norms in this regard have been notified under the Motor Vehicles
Act and the same are implemented by Transport Department. |
|
Q
|
Is it permissible to send reusable
hazardous waste for reuse in other States? |
A |
Yes, subject to the provisions contained in Rules of the
Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008. |
|
Q
|
Has MPCB fixed any time limit for
clearance of cases? |
A |
Yes. Normally all clearances are given within 4 months time |
|
Q
|
Is there any provision for fast
track clearances by MPCB? |
A |
No such mechanism is developed but all the cases
are treated on the fast track. Sometimes, MPCB had taken special drive in compliance
of certain Hon'ble Supreme Court of India and High Court's order, such as, Hazardous
Waste Management in 1996-1997, Dahanu Actions in 1996 to 1997, BMW in 2008-2009 etc. |
|
Q
|
What are the incentives offered to the
industrial unit going in for "ISO 14001" ? |
A |
The units which have got "ISO 14001" are
provided incentives in terms of longer period of Consent/Authorization,
reduction in the number of routine inspection and expeditious clearance
of their renewal applications. |
|
 |