MPCB launches Amnesty Scheme for Penal Fees for violating consent by industries

 

 

 

 

 

 

Maharashtra Pollution Control Board (MPCB) has introduced Amnesty Scheme for Penal Fees for violating Combined Consent Regime prescribed under Air and Water Act recently. It is mandatory for industries to obtain Consent to Establish and Operate under section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974; under section 21 of Air (Prevention and Control of Pollution) Act, 1981; and Authorisation under Hazardous and Other Waste (Management and Transboundary Movement) Rule, 2016. However, many industries were violating the rule and not getting Consent of Establish and Operate under these Acts. Therefore, in 2022, the Board introduced Penal Fees for violating Combined Consent Regime. Meanwhile, the Board received many representations from various Industrial and other Associations from time to time regarding retrospective application of penalty and waving of Penal Fees, as the Penal charges are very high and thereby making it difficult for the industries to pay the penal fees as per the circular issued by MPCB in 2022.

 

Keeping the number of requests from the industry in mind, the Board, in its 182nd meeting held on February 12, has decided to introduce this Amnesty Scheme to provide some relief. The scheme will be applicable to those industries who will submit online applications for combined consent within three months period -- March 1 to May 31. Whereas it is not for those units or industries who have already paid the penalty, stated a circular issued by MPCB on Tuesday. Some industries are violating many rules like establishing project or units prior to obtaining Consent to Establish from the Board; running units without revalidating Consent to Establish of the board; starting commercial production prior to obtaining Consent to Operate; handing over possession prior to obtaining Consent to Operate and Occupancy certificate from Local Body; and operating the industry without valid consent to operate and applying after lapse of validity period.

 

Therefore, the Board imposed cost of violation like -- 5 times of one term consent fees for x number of years of violation for those industries comes under ‘Red Category’; For ‘Orange Category’ it was 3 times; and for ‘Green Category’ it was 1 time of the term consent fees. However, now in the Amnesty Scheme, the ‘Red Category’ industries can pay 2 times of one term consent fees for x number of days of violation; for ‘Orange Category’ it is now 1 time of fee; and for ‘Green Category’ industries there is no penal charges have to be paid. Industries applying under the scheme will have to pay the penal fees. Applications already pending with the Board that have not paid the Penal Fees will also be considered. This Amnesty Scheme will be active for a period of three months from March 1 to May 31 and the duration of the scheme will not be extended. The scheme fees amount are be paid by PP through online e-payment gateway, the circular stated.