| Clarification Note: |
To
Punjab Pollution Control Board
Sub: Objection raised on Application Number - 19801243 of (CTO-Air) and on Application Number – 19808976 of (CTO-Water)
Respected Sir,
We, ASAP Logistics LLP, here by furnish our point wise reply on objections raised on our Application:
OBJECTION 1: The establishment is required to submit proper documentary proof for its date of commissioning, so to adjudge the adequacy of consent fee.
REPLY : Reply : The GST Certificate (Registration Number : 03ABQFA8638K1ZZ) of ASAP Logistics LLP is attached as proof for date of commissioning , The GST Certificate was issued on 07/12/2023 by GST Department, Govt of India.
As per information available on website of Punjab pollution control board at https://ppcb.punjab.gov.in/en/consent-management/documents-required/fresh-consent-cto Registration of Sales tax Number is valid proof for date of commissioning.
OBJECTION 2: The fees deposited by the establishment are not adequate if calculated from the date of expiry of NOC.
REPLY: We shall comply As may be instructed by PPCB. Please inform us about the additional fees that needs to be deposited. Under Circular Number SEE(HQ-2)/F. NO. 86/2022/394 available on PPC Webste at 394 dtd. 21.11.2022.pdf (punjab.gov.in), The consent fee has to be paid from date of commissioning of Unit .
The Circular is attached.
OBJECTION 3: The establishment is also required to deposit penalty fees under the Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 for late applying as per the Board's circular dated 29.10.2018.
REPLY: since CTO has to be obtained from the date of commission , There has been no delay since we are taking CTO from December 2023 in our application. However We request PPCB to inform us about the amount as may be payable as penalty , We shall pay the same.
OBJECTION 4 :The establishment was granted NOC with special condition that the project proponent shall not increase area of the project beyond 34580.38 Sq. m. and built up area. Therefore, to check the latest construction status, the establishment is required to submit final building plans as approved by the Director of Factories after its completion.
Reply : The Building Approval sanctioned by Director of Factories is attached.
OBJECTION 5: The application of the industry for obtaining fresh consents has been scrutinized under red category.
Reply: ASAP Logistics LLP is operating warehouse . All Consent to operate for warehouses in Punjab has been issued by Punjab Pollution Control Board under Green category, few of the consent to operate issued by Punjab Pollution Control Board for warehouses is attached with mail.
IN ABOVE CASES , CTO (AIR AND WATER) HAS BEEN ISSUED INSTANTLY UNDER GREEN CATEGORY, HOWEVER OUR APPLICATION HAS BEEN SCRUTNIZED UNDER RED CATEGORY.
Also as per FAQ (Question Number -15 ) available on Delhi Pollution Control Committee, Govt of Delhi at https://dpccocmms.nic.in/userMaster/Faqs.gsp which further clarifies Warehouses are not required to obtain consent under Water Act, 1974 and Air Act, 1981 as no processing/manufacturing/hazardous operations are involved and the DG sets compliances for the establishments covered in consent mechanism are integrated with the consent processing and no separate consent is issued for the DG Sets(s). The same is attached here with the mail.
In one of cases in Maharahstra, M/S S M KALAM WAREHOUSING APPLIED TO MAHARSHTRA POLLUTION CONTROL BOARD FOR obtaining CONSENT TO ESTABLISH UNDER WATER (P AND CP) ACT 1974 AND FOR CONSENT TO ESTABLISH UNDER AIR (P AND CP) ACT 1981 , HOWEVER MAHARSHTRA POLLUTION CONTROL BOARD REJECTED THIER APPLICATION STATING WAREHOUSES ARE NOR REQUIRED TO OBTAIN CONSENT UNDER POLLUTION LAWS. The same is attached here with mail.
The same is available at website of Punjab Pollution Control Board https://www.ecmpcb.in/cms/download/bXBjYmNtc3wzNjE1Ng==
Therefore we request Punjab Pollution Control Board and Central Pollution Control Board to issue necessary clarification on the above whether warehouses are required to apply for CTO in first place under Concerned Pollution laws.
Also Consent to establish (CTE) issued to M/s ASAP Logistics LLP by Punjab Pollution Control Board clearly states CTE has been obtained for establishment of warehouse.
Thanking You
M/s ASAP Logistics LLP
ENCLOSED BELOW:
1. GST CERTFICATE AS VALID PROOF OF DATE OF COMMISIONING OF ASAP ,LOGISTICS LLP
2. APPROVAL OF BUILDING PLANS FROM DIRECTOR OF FACTORIES, PUNJAB
3. REPLY OF MAHARSHTRA POLLUTION CONTROL BOARD WHERE IN OF MAHARSHTRA POLLUTION CONTROL BOARD HAS STATED WAREHOUSES ARE NOR REQUIRED TO OBTAIN CONSENT TO ESTABLISH AND OPERATE UNDER POLLUTION LAWS
4. Printscreen of FAQ (Question Number -15 ) available on Delhi Pollution Control Committee, Govt of Delhi at https://dpccocmms.nic.in/userMaster/Faqs.gsp which further clarifies Warehouses are not required to obtain consent under Water Act, 1974 and Air Act, 1981.
5. CTE (CONSENT TO ESTABLSIH) GIVEN BY PPCB TO M/S ASAP LOGISTICS LLP
6. CTO ISSUED BY PPCB TO Nahar Industrial Enterprises Limited FOR WAREHOUSE UNDER GREEN CATEGORY
|
| File Note: |
To
Punjab Pollution Control Board
Sub: Objection raised on Application Number - 19801243 of (CTO-Air) and on Application Number – 19808976 of (CTO-Water)
Respected Sir,
We, ASAP Logistics LLP, here by furnish our point wise reply on objections raised on our Application:
OBJECTION 1: The establishment is required to submit proper documentary proof for its date of commissioning, so to adjudge the adequacy of consent fee.
REPLY : Reply : The GST Certificate (Registration Number : 03ABQFA8638K1ZZ) of ASAP Logistics LLP is attached as proof for date of commissioning , The GST Certificate was issued on 07/12/2023 by GST Department, Govt of India.
As per information available on website of Punjab pollution control board at https://ppcb.punjab.gov.in/en/consent-management/documents-required/fresh-consent-cto Registration of Sales tax Number is valid proof for date of commissioning.
OBJECTION 2: The fees deposited by the establishment are not adequate if calculated from the date of expiry of NOC.
REPLY: We shall comply As may be instructed by PPCB. Please inform us about the additional fees that needs to be deposited. Under Circular Number SEE(HQ-2)/F. NO. 86/2022/394 available on PPC Webste at 394 dtd. 21.11.2022.pdf (punjab.gov.in), The consent fee has to be paid from date of commissioning of Unit .
The Circular is attached.
OBJECTION 3: The establishment is also required to deposit penalty fees under the Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 for late applying as per the Board's circular dated 29.10.2018.
REPLY: since CTO has to be obtained from the date of commission , There has been no delay since we are taking CTO from December 2023 in our application. However We request PPCB to inform us about the amount as may be payable as penalty , We shall pay the same.
OBJECTION 4 :The establishment was granted NOC with special condition that the project proponent shall not increase area of the project beyond 34580.38 Sq. m. and built up area. Therefore, to check the latest construction status, the establishment is required to submit final building plans as approved by the Director of Factories after its completion.
Reply : The Building Approval sanctioned by Director of Factories is attached.
OBJECTION 5: The application of the industry for obtaining fresh consents has been scrutinized under red category.
Reply: ASAP Logistics LLP is operating warehouse . All Consent to operate for warehouses in Punjab has been issued by Punjab Pollution Control Board under Green category, few of the consent to operate issued by Punjab Pollution Control Board for warehouses is attached with mail.
IN ABOVE CASES , CTO (AIR AND WATER) HAS BEEN ISSUED INSTANTLY UNDER GREEN CATEGORY, HOWEVER OUR APPLICATION HAS BEEN SCRUTNIZED UNDER RED CATEGORY.
Also as per FAQ (Question Number -15 ) available on Delhi Pollution Control Committee, Govt of Delhi at https://dpccocmms.nic.in/userMaster/Faqs.gsp which further clarifies Warehouses are not required to obtain consent under Water Act, 1974 and Air Act, 1981 as no processing/manufacturing/hazardous operations are involved and the DG sets compliances for the establishments covered in consent mechanism are integrated with the consent processing and no separate consent is issued for the DG Sets(s). The same is attached here with the mail.
In one of cases in Maharahstra, M/S S M KALAM WAREHOUSING APPLIED TO MAHARSHTRA POLLUTION CONTROL BOARD FOR obtaining CONSENT TO ESTABLISH UNDER WATER (P AND CP) ACT 1974 AND FOR CONSENT TO ESTABLISH UNDER AIR (P AND CP) ACT 1981 , HOWEVER MAHARSHTRA POLLUTION CONTROL BOARD REJECTED THIER APPLICATION STATING WAREHOUSES ARE NOR REQUIRED TO OBTAIN CONSENT UNDER POLLUTION LAWS. The same is attached here with mail.
The same is available at website of Punjab Pollution Control Board https://www.ecmpcb.in/cms/download/bXBjYmNtc3wzNjE1Ng==
Therefore we request Punjab Pollution Control Board and Central Pollution Control Board to issue necessary clarification on the above whether warehouses are required to apply for CTO in first place under Concerned Pollution laws.
Also Consent to establish (CTE) issued to M/s ASAP Logistics LLP by Punjab Pollution Control Board clearly states CTE has been obtained for establishment of warehouse.
Thanking You
M/s ASAP Logistics LLP
ENCLOSED BELOW:
1. GST CERTFICATE AS VALID PROOF OF DATE OF COMMISIONING OF ASAP ,LOGISTICS LLP
2. APPROVAL OF BUILDING PLANS FROM DIRECTOR OF FACTORIES, PUNJAB
3. REPLY OF MAHARSHTRA POLLUTION CONTROL BOARD WHERE IN OF MAHARSHTRA POLLUTION CONTROL BOARD HAS STATED WAREHOUSES ARE NOR REQUIRED TO OBTAIN CONSENT TO ESTABLISH AND OPERATE UNDER POLLUTION LAWS
4. Printscreen of FAQ (Question Number -15 ) available on Delhi Pollution Control Committee, Govt of Delhi at https://dpccocmms.nic.in/userMaster/Faqs.gsp which further clarifies Warehouses are not required to obtain consent under Water Act, 1974 and Air Act, 1981.
5. CTE (CONSENT TO ESTABLSIH) GIVEN BY PPCB TO M/S ASAP LOGISTICS LLP
6. CTO ISSUED BY PPCB TO Nahar Industrial Enterprises Limited FOR WAREHOUSE UNDER GREEN CATEGORY
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