New Compliance Requirements Under Air and Water Pollution Control Acts

The Meghalaya State Pollution Control Board (MEGSPCB) on July 25th 2024, issued an important advisory to all industrial occupiers in Meghalaya regarding compliance with pollution control regulations. This advisory highlight the requirements for obtaining necessary consents and the potential legal consequences for non-compliance.

Key Points from the Advisory

Consent Requirements Under Air and Water Pollution Control Acts:

Air (Prevention & Control of Pollution) Act, 1981:

Section 21: Prohibits the establishment or operation of any industrial plant in an air pollution control area without prior consent from the State Pollution Control Board.

Water (Prevention & Control of Pollution) Act, 1974:

Section 33A: Allows the initiation of actions against persons violating water pollution control regulations.

Therefore:

Consent to Establish (CTE): Required before setting up any industry.

Consent to Operate (CTO): Required before commencing operations of an existing industry.

Compliance and Enforcement:

Industries must obtain both CTE and CTO from the MEGSPCB before starting operations.

Failure to obtain these consents will result in actions under Section 33A of the Water Act and Section 31A of the Air Act, including environmental penalties and compensation.

Application Process:

Online Application: Applications for CTE and CTO can be made online through www.megocmms.nic.in.

Standard Operating Procedure (SOP): Detailed SOPs for online applications are available on the MEGSPCB website at www.megspcb.gov.in under the Public Notice section.

Submission and Enforcement:

All applications must be submitted to the MEGSPCB. Failure to do so will result in stern legal actions, including the imposition of environmental compensation as stipulated by the relevant laws.

Implications for Industrial Occupiers

  • Mandatory Compliance: Ensure that all industrial establishments and operations are compliant with the Air and Water Pollution Control Acts by securing the required consents from the MEGSPCB.
  • Avoid Legal Issues: Non-compliance could lead to severe legal consequences, including penalties, environmental compensation, and potential operational shutdowns.
  • Application Guidance: Utilize the online application portal and refer to the SOP for a streamlined application process.

The MEGSPCB’s advisory underscores the importance of adhering to pollution control regulations to protect the environment and ensure public health. By securing the necessary consents and following the outlined procedures, industrial occupiers can avoid legal complications and contribute to environmental conservation efforts.

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