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Pankaj Tyagi
| Updated: 21 Feb, 2022 | Category: Pollution Control Board

Consent to Establish and Consent to Operate from SPCB

Consent to Establish
Reading Time: 4 minutes

According to provisions of the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981, any industry, process, or operation or an extension thereto, which is likely to discharge trade effluent or sewerage into the environment or likely to emit any form of air pollution shall mandatorily have to secure the permit from SPCB in form of consent to establish and CTO in a stage-wise manner.

Which types of entities are required to obtain CTE and CTO?

Industries in India are classified into four categories as shown below based on their pollution index

  • Red
  • Orange
  • Green
  • White

All these industries are liable to obtain CTE and then CTO from the respective State pollution control board.

Furthermore, Establishment encompassed under the following rules shall simultaneously apply for the grant of consent under of Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981[1]

  • E-Waste (Management) Rules, 2016
  • Hazardous and Other Wastes (Management & Transboundary Movement) Rules
  • Bio-Medical Waste Management Rules, 2016
  • Plastic Waste Management Rules, 2016

What is the Role of Consent to Establish and Consent to Operate by SPCB?

Consent to Establish: CTE is required to be secured prior to the establishment of plant, industry, or process.  The consent to establish (CTE) serves as a primary clearance.

Consent to Operate: Once the Plant, industry, or process is set up as per mandatory pollution control system*, the units are required to secure CTO i.e. Consent to Operate.

How to obtain CTE and CTO from SPCB?

  • Download the e-form for CTE from the SPCB portal
  • Fill and form and attach the documents as mentioned below
  • Furnish the form  electronically and submit the applicable fee
  • An on-site inspection shall be conducted by the authority for determining whether pollution control measures have been taken or not. The inspector shall also conduct the assessment of the EMS (environmental management system). 
  • Upon successful inspection and assessment, the grant of consent shall come to effect.

Fundamental documents for obtaining CTE and CTO

The documents required for CTE and CTO differ state-wise. However, most states seek the following set of documents as per the Water Act, 1974 and Air Act, 1981.

Consent to Establish (Mandatory Documentations)

  • Site schematic along with a photograph showing the distance of Nearby residential region & water body from the proposed facility (only applicable to Red and Orange category)
  • List of Directors or partners including their contact details.
  • SSI certificate and Industry department certificate.
  • Layout plan reflecting the location of the:
  1. Stacks/Vents/ emission points with Nos.
  2. Drainage/final disposal point for trade effluent
  3. Solid waste storage/ disposal facility
  • Available open location within the facility for Green Belt Development(in sq. mts)
  • Building plans and machinery particulars prepared by a competent individual
  • Total built-up area
  • Project report along with particulars of the manufacturing process, with process flow schematic & all stochiometric equation and sources of discharge, hazards / solid waste.
  • The break-up of water utilization & water balance (domestic usage, process consumption, canteen, usages, boiler usage, other uses as applicable)
  • Details regarding Sewage Treatment Plant along with flow schematic.
  • Type of boiler and fuel utilized with quantity.
  •  Details relating to air pollution control measures: chimney/stack wise for boiler & process emission
  • Details relating to the availability of DG set, if any
  • List relating to raw material with quantity/day MTD/month
  • List of products with quantity/day MTD/month
  • Material safety data sheet (mandatory for the chemical industry)
  • For groundwater pumping, permission from the respective groundwater authority
  • Membership letter of common Biomedical waste treatment facility (mandatory for pharma companies and hospitals)

Documents for Consent to Operate/Renewal

  1.  The break-up of water utilization & water balance (domestic usage, process consumption, canteen, usages, boiler usage, other uses as applicable)
  2. Project report along with particulars of the manufacturing process, with process flow schematic & all stochiometric equation.
  3. Environmental Statement (form-V).
  4. Details relating to air pollution control measures: chimney/stack wise for flue gas and process emission.
  5. Boiler, steam generating certificate reflecting steam generation & consumption of coal in Tonnes/day duly authenticated by the boiler inspector
  6. List relating to raw material with quantity/month
  7. List of product and by-products with quantity/month
  8. Material safety data sheet (mandatory for the chemical industry)
  9. For groundwater pumping, permission from the respective groundwater authority
  10. Details relating to HW as per 2016 amended rules or for entire categories with quantity, for Reprocessor/ Re-cycler, Generation, storage, processing (details of method), and Disposal, if applicable.
  11. Details of the measure adopted by the entity for prevention of waste generated or for recycling or reuse (Declaration copy for the same)
  12. Analysis report granted by MoEF accredited lab relating to wastewater, source sampling & ambient air
  13. Food and Drugs endorsement copy (mandatory for Pharma Company)
  14. Environmental Clearance, if required.

Validity of Consent to Establish and Consent to Operate

The SPCB grants Consent to Establish (CTE) for 3 to 5 years. In case the project proponent seeks an extension of the timeline, the applicant can apply for the same.

Consent to operate (CTO) remains for a timeline of 5, 10, & 15 years as per the Red, Orange, & Green categories of the industry respectively.

The project/industry proponent aiming for renewal of CTO shall apply via OCMMS (Online Consent Management & Monitoring System) prior to the expiration of the timeline of the preceding CTO granted by the respective SPCB.

In some of the states, there is an automatic renewal facility where there is not any change on the product, process, raw material, increase in aggregate capital investment cost, and equipment. Production quantum and pollution load of the facility remains unchanged as declared in the original application form for CTO

Exemption for white category establishments

The industrial projects/facilities encompassed under the white category are exempted from the requirement of securing consent to establish or consent to operate under Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981& any other facilities not cited under Red, Orange and Green category.

Penalties for not obtainingconsent to establish and CTO

If any plant/industrial facility/project opts to function without securing consent, the owner shall be subjected to a jail term extendable to 3 months or to a monetary fine which may extend to Rs 10000 or to both.

Conclusion

It is a daunting task for a business owner to set up a new manufacturing facility. Establishing a new project or industry seeks various approvals from different competent authorities. One of the fundamental requisites is to secure consent to establish from the respective State Pollution Control Board. The new units, especially the pollution-prone facilities, are liable to secure consent under the Water (P&CP) Act, 1974, and the Air (P&CP) Act, 1981 before initiating subsequent production.

Read our Article:How to Get NOC from State Pollution Control Board?

Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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