CAQM Compliance Support for Closed & Non-Compliant Factories

The CAQM (Commission for Air Quality Management) is a statutory body constituted by the Government of India through the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act, 2021. The functions of the Commission are to prevent, control, and abate air pollution in the National Capital Region including the areas in the State of Haryana, Uttar Pradesh, Rajasthan, and Punjab in the country.

CAQM has significant powers to take necessary directions, impose penalties, restrict activities, and direct the closure of certain industries or projects that are found to be violating the norms of the prescribed air pollution norms. It is a mandate to comply with the directives of CAQM, failure to do so can result in shutdown, or the culprits are liable to pay environmental compensations.

Professional Utilities assists industries and projects in understanding the CAQM norms, staying compliant, handling regulatory notices, and restoring the operations back in a compliant manner after receiving closure orders.

Why CAQM Is Important

The CAQM (Commission for Air Quality Management) is a centralized regulatory body which is supposed to bring centralization and uniformity in the management of air quality. It has replaced the complexities of jurisdictions by giving the responsibility of monitoring the violators of environmental norms to one authority.

The Commission works in close coordination with CPCB, SPCBs, DPCC, and local authorities for integrated implementation of laws related to air-pollution and emergency measures under GRAP. For the unversed, The CPCB and SPCBs give Consent to Operate, called a CTO, to factories, establishments, and industries to operate while ensuring compliance with environmental regulations.

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Benefits of CAQM Compliance:

Long term benefits that can be gained from an organization’s compliance with CAQM regulations include:

  • Avoids closure orders and work stoppages
  • Ensures uninterrupted industrial and project operations
  • Reduces the risk of penalties and environmental compensation
  • Enhances environmental performance and credibility
  • Assists in ensuring the development is eligible for approvals such as Completion Certificate (CC) and Occupancy Certificate (OC)
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Special Rules & Powers Under CAQM

CAQM has authority to:

  • Issuing binding directions to industries and projects
  • Enforcing implementation of GRAP during high pollution episodes
  • Ordering closure of non-compliant units
  • Enforcing Environmental Compensation (EC)
  • Restricting issuance of Completion Certificates (CC) and Occupancy Certificates (OC) for violating projects

Note: Professional Utilities aids in the implementation of the directions of CAQM and the adoption of suitable corrective actions.

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Industries & Projects Requiring CAQM Compliance

Any activity that influences air quality in NCR and the adjoining areas needs to follow the norms of CAQM:

Industrial Units

  • Manufacturing plants
  • Steel units, foundries, and furnaces
  • Chemical and pharmaceutical units
  • Power plants and boilers
  • Cement plants, brick kilns, and batching plants

Construction & Infrastructure

  • Large-scale construction and demolition activities
  • Roads, highways, metro, and rail projects
  • Real estate and township development

Other Activities

  • Mining & mineral handling
  • Warehousing and logistics centers
  • DG sets and fuel-based operations
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Documents Required for CAQM Compliance / Resumption

CAQM typically requires following documents for compliance or resumption after closure:

  • Affidavit or undertaking confirming corrective actions
  • Evidence of pollution control measures implemented
  • Air quality and emission monitoring reports
  • Environmental Compensation (EC) payment receipt, if applicable
  • SPCB/DPCC compliance report
  • Photographic and technical evidence of improvements
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How to Restart an Industry Closed by CAQM Order

Our experts assist industries to move from closure to a compliant restart and obtain an Environmental Clearance (EC) Certificate, while assuring full regulatory compliance.

  • Step 1: Compliance Assessment: Measurement and evaluation of pollution sources, along with a review of potential closure notice violations, while simultaneously assessing compliance with applicable CAQM regulations.
  • Step 2: Corrective Action Implementation: Compliance with CAQM standards for pollution control and prevention, including identification and installation of dust suppression systems, installation of monitoring equipment, and establishment of company operating rules for compliance.
  • Step 3: Documentation & Affidavits: Preparation of required documents, including affidavits, compliance reports, technical submissions, and proof of corrective actions.
  • Step 4: Payment of Environmental Compensation: Addressing Environmental Compensation payments, if imposed, at this stage of the application process.
  • Step 5: Submission & Follow-Up: Submission of compliance documents to CAQM, coordination during inspections and clarifications, and receipt of final approval for resuming industrial operations.
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CAQM Fees & Charges for Closed / Non-Compliant Factories

Charge Category Authority Indicative Charges Purpose / Notes
Environmental Compensation (EC) CAQM / SPCB / DPCC Variable (case-based) Mandatory penalty for violations; required to lift closure orders
Dust & Emission Control Violations CAQM / Local Authority ₹7,500–₹15,000 per day* Based on site size and severity
Missing Pollution Control Systems CAQM / SPCB Case-specific Includes APCDs, filters, scrubbers, etc.
Non-Submission of Compliance Proof CAQM ₹20,000–₹40,000* Delay or failure to submit reports
Penalty under CAQM Act CAQM / Courts Up to ₹1 crore Serious or repeated non-compliance
Consent to Operate (CTO) Fee SPCB / DPCC As per State PCB norms CAQM does not charge CTO fees directly
CTO Renewal / Long-Term Consent SPCB / DPCC One-time variable Validity up to 5–25 years (state-wise)
Inspection & Processing Costs SPCB / DPCC Not fixed Includes inspections and verification

Note:Professional Utilities’ service charges are separate and in addition to all applicable government fees, penalties, and statutory levies.

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Validity of CAQM Orders & Compliance

The orders issued by the Commission for Air Quality Management have no fixed validity like that of a license. The orders issued to close an industry are valid until all violations are rectified to a satisfactory level and full compensation is made towards paying for any lapses during the period of non-compliance. Continuous adherence to air-quality regulations is crucial to enable smooth resumption of business activities.

Note: Repeating enforcement can be avoided through compliance.

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Conclusion

The CAQM enforces stringent air quality regulations in Delhi-NCR and adjoining areas. Failure to comply with regulations may attract penalties by imposing restrictions and/or closure orders for industries/projects. Effective compliance and proper documentation are vital to continue/resume operations.

Professional Utilities specializes in imparting expertise in CAQM compliances, notice responses, resumption of industries closed by CAQM orders, in a smooth, legal, and efficient way.

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Frequently Asked Questions (FAQs)

What is the role played by CAQM in the regulation of industries in Delhi-NCR?

The Commission for Air Quality Management (CAQM) monitors air pollution in Delhi-NCR and adjoining states. It issues directives, penalties, and closure orders for non-compliant industries in coordination with CPCB, SPCBs, and local authorities.

How can a factory or industry resume operations after a closure order issued by CAQM?

Industries must address violations, implement corrective measures, submit affidavits confirming compliance, and pay applicable Environmental Compensation (EC). The resumption order is issued by CAQM. Professional Utilities assists throughout the entire process.

What is Consent to Operate (CTO) and how is it connected to CAQM compliance?

Consent to Operate (CTO) is a permission issued by an SPCB or PCC allowing industries to operate while complying with environmental regulations. Holding a valid CTO is critical for ensuring CAQM compliance.

Do industries require an Environmental Clearance (EC) Certificate along with CAQM compliance?

Yes, certain industries are required to obtain an Environmental Clearance (EC) Certificate along with CAQM compliance to operate legally.

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