Delhi Pollution Control Committee prescribes procedure to be followed by units issued closure notices

The Delhi Pollution Control Committee (“DPCC”) has recently adopted a policy effective 2nd August, 2017 w.r.t. units which were issued closure directions.

This policy is a fallout of the 64th meeting held by the DPCC on 23rd June, 2017.

The policy clarifies on aspects relating to the timeline for making fresh consent applications by closed units, submission of compensation security by closed units intending to make fresh consent applications, etc.

The purpose behind adopting this policy is to settle the position for units which have been issued closure directions by the committee and procedures to be followed by such units under different situations given below.

Procedure to be followed by units in the various scenarios given below :

  • In case the direction for closure has been issued by the committee 

All the consent/authorization and pending applications prior to such issuance of directions will be treated as invalid and accordingly letter for refusal/revocation of consent/authorization will be issued by the concerned Cell in-charge. However, units can apply for fresh Consent to Establish (“CTE”) (in case of change of activity/if not applied earlier) and Consent to Operate (“CTO”)/Authorization after 15 days from such issuance of closure directions.

  • In case the unit intends to run the same unit-

In a situation where _the closed unit intend to run the same unit again, it has to submit an undertaking (format attached) stating that it would not run the unit until a fresh CTE/CTO/Authorization is obtained and Environmental Compensation Security (“ECS”) (format attached) for 1 year as provided below:

Capital Investment ECS
Up to Rs 50 lacs Rs 2 lacs
Above Rs 50 lacs to 5 Crores Rs 5 lacs
Above Rs 5 Crores Rs 10 lacs

[Note: ECS amount would be doubled in case of Seriously Polluting Industry before fresh grant of CTE/CTO/Authorization.]

  • In case the unit has applied for time to permanently remove the plant and machinery to close down the unit

Committee will grant permission for 15 days to do so and premises will be de-sealed if it is already sealed. However, the Electricity/Water connection would remain disconnected for such period.

Source: Delhi Pollution Control Committee.

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