Consent / Authorization Management

Bio-Medical Waste

Municipal Solid Waste

Hazardous Waste

Public Hearing

Consent / Authorization Management :

Granting Consent under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and Authorization under Biomedical Waste (Management & Handling) Rules, 1998, the Hazardous Waste (Management & Handling) Rules, 1989 and the Municipal Solid Waste (Management and Handling) Rules, 2000 are some of the important functions of the Board. A brief note / guidelines for obtaining the Consent / Authorization for the entrepreneurs are illustrated below:

Consent to Establish / Operate

Consent to Establish / Operate any industry under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and Authorization under the Hazardous Waste (Management & Handling) Rules, 1989 is to be obtained from the Board. The Board issues consent to regulate the quality and quantity of pollutants and stipulate the frequency for monitoring of pollutants.

Consent under the Water Act / Air Act and the Hazardous Waste (Management & Handling) Rules, 1989 needs to be obtained in two phases:

Consent to Establish [NOC]

This consent is to be obtained prior to establishing any industry or process or plant.

Consent to Operate
[Initial & Renewal]

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. The consent is given for a particular period, which is mandatory to be renewed regularly.

Consent to Establish is to be obtained prior to carrying out any work at the site proposed for the project. The validity of Consent to Establish is one year. Consent to Establish should be renewed if the unit is not commissioned by then. If renewal is not sought within the validity period fresh application has to be made to the Board. However, Consent to Establish is issued even if construction work of the unit has been started provided:

the site is suitable

the application for Consent to Establish is accompanied by prescribed fees

the required pollution control measures are provided

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. The consent to operate is given for a period of 1 year, which is mandatory to be renewed regularly.

The application form for Consent to Establish / Operate under the Water Act / Air Act and Authorization under the Hazardous Waste (Management & Handling) Rules, 1989 is to be submitted in duplicate to the NPCB. The application form is available at the NPCB office  or can be downloaded from the Website. Those who have obtained Consent to Establish need not submit application again in the above forms while obtaining consent to operate.

Rates for Consent to Establish / Operate

The application form  for Consent to Establish / Operate is to be accompanied by a prescribed fee based on the total capital investment of an industry. The prescribed fee should be submitted as Demand Draft in favour of the Member Secretary, Nagaland Pollution Control Board.

Sl. No.

Size of Industries Rates (Rs.)
1

More than 5 crores

20,000/-
2

More than 1 crore but less than 5 crores

10,000/-
3

More than 50 lakhs but less than 1 crore

5,000/-
4

More than 10 lakhs but less than 50 lakhs

2,500/-
5

More than 1 lakh but less than 10 lakhs

1,250/-
6

Minimum Fee

1,000/-

Documents to be submitted
The documents to be submitted along with the application form for processing of the application are :

1

Demand Draft towards Consent / Authorization fee.

2

Undertaking or affidavit or statement from Annual Report or Certificate from Chartered Accountant in support of gross fixed capital investment.

3

Site plan / location map (Compulsory for all new applications and for expansions).

4

Declaration regarding the distance of the Unit from the bank of the main river or high tide mark of creek/ estuary (declared under the Act)  and in respect of stone crusher, for distance from highways and habitations.

5

Layout plan showing the location of stacks (chimneys), effluent treatment plant, effluent disposal areas, air pollution control devices, hazardous waste treatment and disposal areas.

6

Manufacturing process flow sheets, with descriptive note on the manufacturing process for each product.

7

Copies of latest Consent / Authorization / Environmental Impact Assessment clearance.

8

Copy of Small Scale Industries registration certificate, if applicable.

9

Copies of Letter of Intent / Industrial Licenses, clearance from the Department or any other relevant document (Please state).

10

Copies of planning permission certificate issued by the local bodies / District, Town & Country Planning / Metropolitan Development Authorities.

Note : The document at Sl. No. 2 to 10 are necessary for first application. For application for Consent to Operate (Renewal) only document at Sl. No. 7 is required.

Renewal of Consent to Operate
Application for Consent to Operate (Renewal) is to be submitted one month before the expiry of the Consent order. If application is made after expiry of the validity period an action is to be taken as per Section 25/26 of Water Act & Section 21 of Air Act.

The application form for Consent to Operate (Renewal) should be submitted in triplicate. The application form  is available at the office of the NPCB or can be downloaded from the Website.

While scrutinizing the application the Board may call for clarification/information and all such applications will be deemed to have been made only from the date on which such clarification/information is received by the Board.

Consent to Operate Fee [Renewal]
Application shall be accompanied by prescribed fee as Demand Draft in favour of Member Secretary, Nagaland Pollution Control Board as given below:
 

Sl. No.

Size of Industries Rates (Rs.)
1

More than 5 crores

7,000/-
2

More than 1 crore but less than 5 crores

3,500/-
3

More than 50 lakhs but less than 1 crore

2,000/-
4

More than 10 lakhs but less than 50 lakhs

1,000/-
5

More than 1 lakh but less than 10 lakhs

500/-
6

Minimum Fee

500/-

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Bio-Medical Waste:

The Nagaland Pollution Control Board is the Prescribed Authority in the State to implement the Biomedical Waste (Management & Handling) Rules, 1998. As per the Rule health care facilities are required to obtain authorization of the Board and provide adequate facilities for collection, segregation, treatment and disposal of biomedical wastes. The Rule requires that:

(a)

Every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing, and/or handling bio-medical waste in any other manner, except such as occupier of clinics, dispensaries, pathological laboratories, blood banks providing treatment/service to less than 1000 (one thousand) patients per month shall make an application in Form I to the prescribed authority for grant of authorization.

(b)

Every operator of bio-medical waste facility shall make an application in Form I to the prescribed authority for grant of authorization.

(c)

Every application in Form I for grant of authorization shall be accompanied by a fee as prescribed by the State Government.

How to Obtain Authorization ?

It is the duty of all occupiers/ operators to obtain Authorisation from the Board as per the Biomedical Waste (Management and Handling) Rules. The application form can be obtained from the Board office or can be downloaded from the website. Application for Authorisation is to be submitted with prescribed fee as Demand Draft in favour of the Member Secretary, Nagaland Pollution Control Board. Conditions regarding segregation, collection, storage, treatment, disposal, monitoring, maintenance of records and submission of reports are laid down in the Authorisation.

Every occupier/ operator of an institution generating biomedical waste has to take all steps to ensure that such wastes are handled without any adverse effect to human health and the environment.

Every occupier /operator shall submit an annual report to the State Pollution Control Board in Form-II by 31st January every year to conclude information about the categories and quantities of bio-medical wastes handled during the proceeding year. The Board shall send this information in a compiled form to the Central Pollution Control Board by 31st March every year.

As per the Rules the wastes coming under ten categories are to be placed in four different coloured containers/ bags. The wastes have to be treated using techniques such as deep burial, incineration, autoclaving, micro waving, mutilation, shredding and chemical disinfection.

Prescribed fee:

Under sub rule (3) of Rule 8 of the Biomedical Waste (Management & Handling) Rules, 1998, the Government of Nagaland has notified the prescribed fees for Authorization for an Occupier and Operator     

A. Occupier:

Hospitals, nursing homes, clinics, dispensaries, research and pathological laboratories, blood banks, slaughter houses and research laboratories storing, generating, collecting, receiving , transporting, treating, disposing and / or handling biomedical waste in any other manner.

Sl. No. Category Fee

(a)

With less than 50 beds

Rs. 100/-per year

(b)

With 50 beds and above but less than 200 beds

Rs. 300/-per year

(c)

With 200 beds and above

Rs. 500/-per year

(d)

Government dispensaries

Rs. 10/-per year

(e)

 

 

 

Private clinics and pathological laboratories:

(i) No. of patients or samples up to 2000 and less per year

(ii) No. of patients or samples up to 2000 and above per year

 

Rs. 50/-per year

Rs. 100/- per year

(f)

 

 

Slaughter houses:

(i) No. of animals slaughtered up to 2000 and below per year

(ii) No. of animals slaughtered up to 2000 and above per year

 

Rs. 50/-per year

Rs. 100/-per year

B. Operator:

Any other institutions engaged in the biomedical facility for collecting, receiving, storing, transporting, treatment, disposing and/ or handling biomedical waste shall apply for authorization accompanied by the fees as prescribed below:

Sl. No. Category Fee
(a)

Capital Investment on above enterprise below Rs. 25 lakhs

Rs. 1000/-per year

(b)

Capital Investment on above enterprise above Rs. 25 lakhs

Rs. 2000/-per year

(c)

 

Provided that in case a Government institution or a local body is engaged in the activities of collecting, receiving, storing, transporting, treating, disposal or handling biomedical waste a token fee of Rs. 10/-per year will be charged

CATEGORIES OF BIO-MEDICAL WASTES

Option

Waste Category

Treatment & Disposal

Category No. 1

Human Anatomical Waste(human tissues, organs, body parts)

Incineration/ deep burial

Category No. 2

Animal Waste(animal tissues, organs, body parts concusses, bleeding parts fluid blood and experimental animals used in research, waste generated by veterinary hospitals colleges, discharge from hospitals, animal houses)

Incineration/ deep burial

Category No. 3

Microbiology & Biotechnology Waste(Wastes from the laboratory cultures, stocks or specimens of microorganisms live or attenuated vaccines, human and animal cell culture used in research and infectious agents from research and industrial laboratories, wastes from production of biological toxins, dishes and devices used for transfer of cultures.)

Local autoclaving/ microwaving/incineration

Category No. 4

Waste sharps(needles, syringes, scalpels, blades, glass, etc. that may cause puncture and cuts. This includes both used and unused sharps.)

Disinfection (chemical treatment/ autoclaving/ microwaving and mutilation/ shredding.

Category No. 5

Discarded Medicines and Cytotoxic drugs(wastes comprising of outdated, contaminated and discarded medicines)

Incineration/destruction and drugs disposal in secured landfills.

Category No. 6

Soiled Waste(items contaminated with blood, and body fluids including cotton, dressings, soiled plaster casts, lines, bedding, other material contaminated with body)

Incineration /autoclaving / microwaving

Category No. 7

Solid Waste(wastes generated from disposable items other than the waste sharps such as tubing, catheters, intravenous sets etc.)

Disinfection by chemical treatment, autoclaving / microwavingand mutilation / shredding.

Category No. 8

Liquid Waste(waste generated from laboratory and washing, cleaning, house keeping and disinfecting activities.)

Disinfection by chemical treatment and discharge into drains.

Category No. 9

Incineration Ash(ash from incineration of any bio-medical waste)

Disposal in municipal landfill.

Category No. 10

Chemical Waste(chemicals used in production of biological, chemicals used in disinfection as insecticides, etc.)

Chemical treatment and discharge into drains for liquids and secured landfill for solids.

COLOUR CODING AND TYPE OF CONTAINER FOR DISPOSAL OF BIO-MEDICAL WASTES

COLOUR CODING

TYPE OF CONTAINER

WASTE CATEGORY

TREATMENT OPTIONS AS PER Schedule I.

Yellow

Plastic bag

Cat. 1, Cat. 2, Cat. 3, & Cat. 6

Incineration / deep burial

Red

Disinfected container / plastic bag

Cat. 3, Cat. 6, Cat. 7.

Autoclaving / Microwaving / chemical Treatment.

Blue / white translucent

Plastic bag / puncture proof container

Cat. 4, Cat. 7

Autoclaving / Microwaving / chemical Treatment and destruction / shredding.

Black

Plastic bag

Cat. 5 and Cat. 9 and Cat.10(solid)

Disposal in secured landfill.

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Municipal Solid Waste:

All urban local bodies come under the purview of the Municipal Solid Wastes (Management and Handling) Rules, 2000. T

Authorization:

1.

Every municipality is responsible to provide facilities for collection, storage, segregation, transportation, processing and disposal of solid wastes. They are also required to obtain Authorisation of the Board for operating these facilities.

2.

The Department of Urban Development in the State has overall responsibility for enforcement of these rules in metropolitan cities. The District Magistrates or the Deputy Commissioners have the overall responsibility to enforce the rules in their jurisdiction.

3.

On the urban local bodies and operators applying for Authorisation for handling / processing / disposing solid wastes, the Board is to issue/refuse Authorisation. The Board is to monitor compliance with the conditions of the Authorisation and to take appropriate follow up action.

How to Obtain Authorization ?
The municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorization for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule I. The Application for Authorisation is available at the office of the Nagaland Pollution Control Board or can be downloaded from the website, and is to be submitted with prescribed fee as Demand Draft in favour of the Member Secretary, Nagaland Pollution Control Board.

The municipal authority shall furnish its annual report in Form-II to the Secretary-incharge of the Department of Urban Development of the concerned State in case of an metropolitan city; or to the District Magistrate or the Deputy Commissioner concerned in case of all other towns and cities, with a copy to the State Board on or before the 30th day of June every year. The State Board shall prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of these rules by the 15th of September every year in Form-IV. The Central Pollution Control Board shall prepare the consolidated annual review report on management of municipal solid wastes and forward it to the Central Government alongwith its recommendations before the 15th December every year.

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Hazardous Waste:

Hazardous waste under Hazardous Waste (Management & Handling) Rules, 1989 as amended means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-

(a) wastes listed in column (3) of Schedule -1

(b) wastes having constituent listed in Schedule -2 if their concentration is equal to or more than the limit indicated in the said Schedule, and

(c) wastes listed in List 'A' and 'B' of Schedule - 3 (Part -A) applicable only in case(s) of import or export of hazardous wastes in accordance with rules 12, 13 and 14 if they possess any of the hazardous characteristics listed in Part -B of Schedule - 3.

For full details of the Schedules and Lists refer to the Notification on Hazardous Waste (Management & Handling) Rules, 1989 and subsequent amendments, which is available at the Board office.

How to Obtain Authorization ?

Authorisation is required by generators/ handlers/ disposers of hazardous wastes for as collection, reception, treatment, transport, storage and/or disposal of hazardous wastes. Application for Authorisation along with fee of Rs. 7,500/- (as D.D. in favour of the Member Secretary, Nagaland Pollution Control Board) is to be submitted to the  office of the Nagaland Pollution Control Board. The application form (Form I) is available at the office of the Board or can be downloaded from the website. The validity of Authorisation issued by the Board is 5 years.

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Public Hearing

Public Hearing is mandatory for environmental clearance in the case of development projects. Interested public and the residents of the locality thereby get a chance to understand the benefits and impacts of the proposed project. They also air their apprehensions and seek remedies before the public hearing panel. The Executive Summary of the Project is made available for scrutiny of the interested public, environmental activists, NGOs etc. at the office of the Nagaland Pollution Control Board.

Public Notice of environmental public hearing is published by the Board in at least two daily newspapers of which one is in the local language. There after the public may submit suggestions or objections within thirty days. They can participate in the hearing and present their views directly to the public hearing panel constituted by the Board.

Public hearing is completed within 60 days of receipt of application. The project proponent has to submit the application to the Board and submit fee as prescribed by the Board.

Further details can be availed from the Nagaland Pollution Control Board.

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