CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Green Initiatives
Sagar Foods Ltd operates a factory that emits air pollutants. The plant was commissioned and has been running for two years. The Company Secretary finds that the company never applied to the State Pollution Control Board for consent to operate, relying on the fact that its emissions are within general norms. Which statement best reflects the legal position under the Air (Prevention and Control of Pollution) Act, 1981?
Running an industrial plant in an air pollution control area without the State Pollution Control Board's consent breaches the Air Act, 1981, even if emissions meet the prescribed norms. Consent is a separate legal requirement, not dependent on emission levels, listing status or how long the plant has operated.
- AOperating an industrial plant in an air pollution control area without the Board's consent is a violation, even if emissions are within normsCorrect
- BNo consent is needed if emissions stay within norms
- CConsent is needed only for the first year of operation
- DConsent is needed only if the company is listed
Explanation
The Air Act requires a person to obtain the State Board's consent before establishing or operating an industrial plant in an air pollution control area. Compliance with emission norms does not remove the need for consent. The requirement is not limited to listed companies or to a first year; consent is also renewed periodically.
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