9289379709 7838392800

Learning

Advisory Services

Pankaj Tyagi
| Updated: 05 May, 2022 | Category: Latest News

Consent to Establish and Operate for Orange/Red Category Industry

Consent to Establish and Operate for Orange/Red Category Industry

Entities covered under the Red and orange category is liable to register with respective SPCB to comply with environmental norms.  Industries in India are broadly classified into four categories, namely Red, Orange, Green, and White based on the pollution index.  The Red and orange category is the most polluting ones, while the green and white category emits moderate and lower pollution respectively.

Role of CTE and CTO for Red and Orange Category company

Entities falling under the Red and Orange Category need to apply for CTE i.e. Consent to Establish and subsequently Consent to Operate followed by Hazardous Waste Authorization, if applicable.

Further, they are required to install Waste Water Treatment Plants such as STP, ETP, and pollution control equipment such as Wet scrubbers, Dust collectors, Bag Filter, etc for curtailing pollution.

Pollution index of Red and Orange Category company

Orange Category Industries

Industrial sectors which contribute to the significant quantum of air/water pollution or discharge hazardous waste come under Orange category Industry. Pollution Index of the ranges Orange Category Industries ranges from 41 – 59. These entities fall between the Red and Green category industries in terms of pollution potential. 

Industries under Orange Category are liable to secure Consent to Establish and Consent to Operate. Apart from that, they are also required to deploy pollution control devices such as Dust collectors, Wet Scrubber, and Waste Water Treatment Plants such as STP, ETP for Pollution Control.

Red Category Industries

The red category of industries has a pollution index of 60. Entities falling under this category are highly polluting and thus have the potential to damage ecological balance. These industries emit hazardous gases, discharge harmful trade effluent, or both, and emit Hazardous Waste in concentrated forms.

Pollution Control Measures to be opted by Orange and Red Category Industries

  • Waste Water Treatment via ETP i.e. Effluent Treatment Plant/ Sewage Treatment Plant (STP)/ Oil and Grease Trap
  • Air Pollution Control via Dust Collector/ Wet Scrubber/ Anti Smog Gun/ Bag Filter
  • Hazardous Waste Management via safe storage & disposal of Hazardous Waste
  • E-waste and Battery Waste Management/ Plastic Waste Management as applicable

Generalized procedure to apply for CTE and CTO

Consent to Establish

  1. Select an apt industrial activity from the PCB’s list of predefined Industrial activities.
  2. Prepare a report of the project, undertakings, details relating to pollution control equipment, and other vital documents as applicable required for CTE application.
  3. Fill and submit CTE application with requested documentation and fees.
  4. Application shall be subjected to the scrutiny of a Pollution Control Official. A completed and accurate application form would be processed for the grant of CTE consent.
  5. However, if the application has some errors, the applicant needs to correct them and revert to authority to avoid the cancellation. 

Consent to operate; 

  1. First equipped your facility with Pollution Control Devices or;
  2. Take relevant steps for the reduction of the Water/Air/Noise Pollution as applicable.  
  3. Thereafter, request a certified lab to inspect and certify the pollution control device installed in the facility.
  4. File CTO application form with requested documentation, information & fees.  Also, apply for Authorization under Hazardous Waste Management if mandatory
  5. Application subjects to the verification conducted by Pollution Control Official[1]
  6. Applications go under the scrutiny of Pollution Control Official and a similar procedure is followed.

Documentations required for CTE and CTO application filing

  1. Applicant’s Aadhar Card
  2. Pan card of Partnership firm/Company
  3. Rent Agreement if applicable
  4. Layout Plan
  5. Water and Electricity Bill
  6. Project Report
  7. Undertaking* about environment preservation
  8. Capital Investment Certificate
  9. Lab Test Reports

Particular to be included by Red category entity in undertaking for consent to operate

  • List of products and by-products to be processed at the proposed facility
    • Raw materials & chemicals (with quantity/day)
    • Briefing on the manufacturing process
    • Plot area of the facility (in Square meters)
    • Workforce detail
    • Electricity load (KW)
    • Year of establishment
    • Contact detail of the applicant
    • Total capital invested in the facility
    • Water consumption detail (kl/day) and its mode of disposal
    • Effluent discharge (kl/day) and its mode of disposal
    • DG set capacity (KVA) and its stack height above the building’s roof in meters
    • For dry unit, a declaration regarding the non-generation of trade effluent and future commitment for the same
    • Declaration ensuring apt measures being implemented under Environment (Protection) Rules, 1986 for abatement of air/water pollution.
    • Declaration regarding the set up of ETP and ECS
    • Declaration reflecting that apt measures have been taken for DG set noise reduction and its stack height to meet the Environment (Protection) Rules, 1986

Points to be considered by Orange category entities for form filing

  • Facilitation of incorrect detail or non-disclosure of vital information relating to any of the items of the application could lead to penal provisions under governing Act.
  • The applicant is mandated to apply via an online portal along with the requested documents and fee. If the applicant has DSC, a physical copy of the application and documentation need not be  furnished in DPCC
  • If any of the items is irrelevant to the activity of the proposed entity, make sure to add “Not Applicable”
  • Use additional sheets if the space for any item is inadequate.
  • Facilitate the name of the person authorized by the applicant to address consent formalities.
  • Also state the competent agencies under whose the unit falls
  • The application shall be accompanied by the mandatory documentation cited on the last page of the form.
  • Consent applications in the prescribed form accompanied by the mandatory documentation are required to be posted to DPCC after enclosing signature on every page.
  • The unit involved with the Manufacturing of Plastic Bags/ Recycling Plastic Waste is mandated to apply for Registration/ Authorization under PWM Rules, 2016 along with mandatory documentation while applying for CTO under Air & Water Act.
  • The unit cited under Hazardous & Other Waste (Management & Transboundary Movement) Rules 2016 must apply for authorization under such rules along with mandatory documentation while seeking CTO/Renewal Air & Water Act.

Conclusion

Securing Consent to Establish/Operate/Renewal is a legal compulsion for pollution-prone industries in India. Even the green and white category companies are liable to abide by the rules of governing legislation such as the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, depending on the nature of the operation.

Read our Article:Consent to Establish and Consent to Operate from SPCB

 

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.

Advisory Services

Sakshi Srivastava
Sakshi Srivastava | Date: 03 Oct, 2020

GST Can’t be Imposed on Serv...

The Hon'ble Bombay High Court in the matter of Bai Mamubai Trust v. Suchitra [Decided on September 13, 20...

Continue Reading
Karan Singh
Karan Singh | Date: 23 Apr, 2022

Battery Swapping Policy by Nit...

One of the Government's bodies Niti Aayog, has prepared a draft of a Battery Swapping Policy, under which it has of...

Continue Reading

No Comments

Leave a Reply

Request a Call Back

Are you human? : 3 + 5 =

Transform your Business. Subscribe our Newsletter.