The Ministry of Environment, Forest, and Climate Change (MoEFCC) has introduced the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025. This new regulation, effective from January 30, 2025, aims to strengthen the management and enforcement of water pollution controls in industrial operations. By introducing streamlined consent processes, stricter location criteria for industrial plants, and regular monitoring mechanisms, these guidelines seek to enhance environmental protection and ensure that industries comply with sustainable practices.

Key Features of the 2025 Guidelines

  1. Criteria for Establishment of Industrial Plants
  • Industries cannot be set up near national parks, sanctuaries, wetlands, or historical sites. High-pollution industries must be at least 500 meters from water bodies and residential areas, while medium- and low-pollution industries have shorter distance requirements.
  • Industries must maintain a safe distance from residential areas, schools, and religious places. High-pollution industries (Red Category) must be at least 500 meters away, medium-pollution industries (Orange Category) 200 meters away, and low-pollution industries (Green Category) at least 100 meters away.

Industries must first apply for permission, pay the necessary fees, and pass an inspection to ensure they have proper pollution control measures in place before starting operations.

  1. Streamlined Consent Process

The new guidelines simplify the application process for industries seeking consent to establish or operate. Here’s what the streamlined process entails:

  • Application Requirements: Industries must apply using the prescribed form, which includes all necessary details and the appropriate fees as per state or Union Territory regulations.
  • Fees Structure: To encourage businesses to renew their consent on time, the new guidelines offer a 5% discount on fees for renewals submitted four months before expiry. However, late applications will attract additional charges:
  • 25% for renewals between 120 and 45 days before expiry.
  • 50% for renewals between 45 days and the expiry date.
  • 100% for renewals after the expiry date.
  • Common Consent for Hazardous Waste – A single procedure will be adopted for obtaining consent and authorization to handle hazardous and other types of waste, streamlining the process for industries involved in such operations.
  • Consent Validity and Processing Timeframes- The 2025 guidelines specify the validity periods and processing timeframes for industrial consents.
  • Consent to Establish is valid for five years, with a possible two-year extension.
  • Consent to Operate varies by industry category: Red – 5 years, Orange – 10 years, Green – 15 years, and Blue – an additional 2 years can be granted.

The guidelines also set strict processing timelines as-

  • Consent to Establish must be approved within 60 days for Red, 45 days for Orange, and 30 days for Green industries.
  • Consent to Operate must be processed within 90 days for Red, 60 days for Orange, and 30 days for Green industries, while renewals and expansions require 120 days for Red, 60 days for Orange, and 30 days for Green industries.
  • However, if the State Board fails to decide within these specified timeframes, the case will be forwarded to the State Level Monitoring Committee, which must issue a decision within 30 days. If delays are found unjustified, disciplinary actions will be recommended.

3. Monitoring Committees

  • National Level Monitoring Committee – The National Monitoring Committee will oversee the implementation of these guidelines. Composed of key officials from the Ministry of Environment, Forests and Climate Change and Central Pollution Control Board, this committee will meet quarterly to assess progress and address issues. 
  • State Level Monitoring Committee – At the state level, the monitoring committee will consist of the Secretary of the State Environment Department, Member Secretary of the State Board, and regional directors from the Central Board. This committee will meet monthly to ensure the guidelines are effectively implemented at the state level.

4. Portal for Implementation

To further streamline the process, the Central and State Boards will develop an online portal within six to twelve months for processing applications, renewals, inspections, and approvals. This portal will serve as a central data repository for managing the entire process. A service fee of 5% will be charged for applications, credited to the Central Pollution Control Board’s fund.

“Key Differences Between the 1974 and 2025 Water Pollution Control Guidelines”

The 2025 Control of Water Pollution guidelines mark a significant improvement over the 1974 regulations. Key differences include a more streamlined and transparent consent process with clear timelines and fee structures, including rebates for early renewals. The 2025 guidelines introduce stricter location criteria for industrial units, such as required distances from sensitive areas and water bodies, to protect the environment. A notable update is the establishment of national and state-level monitoring committees for better oversight. Additionally, the new guidelines mandate the development of an online portal for processing applications, which was absent in the 1974 framework, ensuring faster and more efficient approval processes.

Conclusion

This notification represents a crucial step in improving water quality management in India. By ensuring stricter regulations, enhancing transparency, and holding industries accountable, these guidelines will foster a more sustainable environment. Through systematic implementation and regular monitoring, they aim to drastically reduce water pollution caused by industrial activities and set a precedent for future environmental policies.

Disclaimer:  This is an effort by Lexcomply.com, to contribute towards improvingcompliance managementregime.User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.

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