DPCC penalty
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DPCC penalty is charged by the Delhi Pollution Control Committee. Delhi Pollution Control Committee is a self-governing regulatory body founded in 1991, by the Delhi Government under the supervision of the Central Pollution Control Board. All the rules and regulations are approved by DPCC.
DPCC has many cases of a penalty imposed in the last year only. Here we will discuss some of the most widely known cases. In some cases, there is provision for non-working/monetary fine to complete sealing of the industry. It all depends on the severity of the crimes.
DPCC issues a license known as DPCC license. It works as a NOC (No Objection Certificate) to assure that the proposed/existing business entity being set up will not cause any harm to the environment or society. So, every entrepreneur wishing to set up an industry or already established business must ascertain this certification from the DPCC.
DPCC consents are of 2 types of Consent to Establish and Consent to Operate.
CTE is the initial step for any industry/trade (including activities involved in manufacturing processes and/or emitting pollution, by way of water/air/noise pollution).
It is a certificate that every industry must obtain as per the Water Act, 1974 and Air Act, 1981. As the name suggests, this certificate must be obtained before establishing any industry.
CTE is valid for 1 year only. In case the industry is not able to establish it within a year, then it can apply for renewal for the same. But if it’s not done, then the industry has to apply for consent to establish a certificate again.
Consent to establish contains the following 5 sections:
The Water Act and Air Act have also provided guidance about Consent to Establish. Every industry must ascertain the Consent to operate after the Consent to Establish.
This certificate is valid for a period of 5 years only in the case of Orange category industries. And it is valid for a period of 10 years in the case of Green category industries. Once, the validity expires, this certificate must be renewed.
The consent to operate is given, once the DPCC is satisfied that all other formalities such as MCD license, Power-water connection, CETP membership (in case CETP membership exists) have been through.
On 8th July 2019, a small dental clinic located in the South Delhi area was fined Rs.14.30 lakhs as a penalty. This was charged on account of operating without obtaining/applying for mandatory authorization under Bio-Medical Waste Management Rules, 2016. For the hospitals, you need DPCC license for clinics.
There was a letter issued, that quoted
“According to section 10 of the Bio-Medical Waste Management Rules, 2016, every occupier or operator handling the biomedical waste, irrespective of the quantity shall make an application in Form II to the prescribed authority, i.e. Delhi Pollution Control Committee” for grant of authorization.”
For Bio-medical waste, an industry required DPCC authorization.
On 28th June 2019, a fine of 11.4 crores is imposed on 13 industries operating in Jindpur and Mukhmelpur of Alipur district after inspections were held. DPCC joined hands with the area SDM to carry out the research on these industries.
These industries were dyeing, annealing, oil-quenching, electroplating, plywood furniture, drinking water packaging and rice mills, along with other activities. The plots on which they were operating were larger than 1000 sqm. with huge pollution potential. After this, the electricity supply was disconnected and they were imposed with a fine of Rs.11.4 crore.
On June 27th, 2019, 12 hospitals were given closure directions and given 7 days to vacate patients and close down. Till June 26th, 56 violators of the norms were identified.
As hospitals are the places where the lives of people are at stake, DPCC is being ‘extra cautious’ and handing over closure directions only after ensuring the latest status of authorization. Also, it was commented by the DPCC that
“All those entities not generating any bio-waste are required to submit an affidavit for this purpose.”
On 29th June 2019, DPCC sealed 3 “polluting” factories which were “operating without consent” in the Mayapuri scrap market in west Delhi. Many other factories were fined Rs.2-6 lakhs. On June 27th the same year, 12 units were also sealed in the C, E, W and F blocks of the locality.
These industries were engaged in illicit activities like electroplating, galvanizing, pickling, wood polishing, printing, etc. These activities would’ve been authorized had these industries obtained the consent for the same.
National Building Construction Corporation (NBCC)
On 28th September 2019, DPCC fined Rs.5 lakh on the Central government-run National Building Construction Corporation for violating construction norms. They further elaborated that the fines were imposed due to “negligence’ in checking dust emissions at the site of the under-construction WHO building in ITO.
The DPCC team visited the site of the ITO as a part of their ongoing drive to check dust emissions at construction sites. The team found a large quantity of construction material lying uncovered.
Public Works Department (PWD) and South Delhi Municipal Corporation (SDMC)
While the NBCC was fined, PWD and SDMC were also fined Rs.50 lakhs after the demolition and construction waste was found lying on a stretch of the Ring Road. The officials commented that:
“Debris on a stretch of the ring road was found, from Brar Square to Dhaula Kuan, significantly contributing to re-suspension of dust particles. Both agencies, the PWD and the SDMC responsible for the cleaning of the roads, were found wanting.”
According to the new report published on 30th June 2019, DPCC conducted a 4 day-drive from 25th June. During this time, 210 units were inspected and 75 units were sealed with their electricity connection disconnected.
These 75 industries were found either operating without consent or in non-conforming areas. The officials seized 11,000 metric tonnes of plastic. The DPCC officials comments on the seized plastic are as follows:
”DPCC has issued directions under section 5 of the Environment Protection Act to seize plastic found in such illegal units and send them to waste-to-energy plant for disposal.”
On 9th April 2019, DPCC fined Rs.1 lakh environment damage charges each on 765 units directly/indirectly causing pollution inside/outside premises in Mayapuri. The fined industries were found throwing solid waste into the drain or discharging untreated effluent into the stormwater drain. Along with this, the direction of closure was also issued to these industries.
DPCC also made SDMC remove 305 tonnes of scrap lying on public land in the Mayapuri industrial area. And for the EDMC, DPCC provided directions for closure or sealing of all godowns being operated in the Sonia Vihar area. For the municipal authorities, directions were issued to shut polluting industries in non-conforming/residential areas in Delhi.
In case you wish to register your DPCC, then you can go to the DPCC License. Our experts will register your DPCC license within 30-35 days. You can either mail us your queries regarding the same at contact@legalraasta.com or call us at +91 8750008585.
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