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43 views3 pages

Article Cte Cto

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sheshaji649
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© © All Rights Reserved
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PROCEDURE FOR OBTAINING

Consent to Establish & Consent to Operate an Industry


(Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981)

INTRODUCTION
It is a big challenge for an entrepreneur to establish a new manufacturing business. Setting up a new
Industry requires many approvals from Government Authorities. One of the major requirements is to
obtain the Consent from the State Pollution Control Board.
The new units are under compulsion to obtain consent under the Water Act, 1974 and Air Act, 1981 even
before starting subsequent production.
In case the unit is covered under Hazardous and Other Wastes (Management & Transboundary
Movement) Rules, 2016, E-Waste (Management) Rules, 2016, Plastic Waste Management Rules, 2016
and Bio-Medical Waste Management Rules, 2016, it shall simultaneously apply for the grant of consent
under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act,
1981.

TYPES OF CONSENT
Under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention &
Control of Pollution) Act, 1981, “any industry, operation or process or an extension and addition thereto,
which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air
pollution into the atmosphere will have to obtain the Consent”
There are two types of the Consent i.e. Consent to Establish (CTE), and Consent to Operate (CTO).
1. Consent to Establish: This consent is required to be obtained before establishing any Industry, Plant,
or Process. The Consent to Establish is the primary clearance.
2. Consent to Operate: Once the Industry, Plant, or Process being established according to mandatory
pollution control systems, the units are required to obtain consent to operate.

PROCEDURE TO OBTAIN CONSENT


All the industrial sectors/projects have been categorized under Red, Orange, Green and White
categories based upon their pollution potential and range of pollution index for the purpose of consent
management under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of
Pollution) Act, 1981.
The process for obtaining consent to establish and to operate involves making an application to the
respective State Pollution Control Board along with required documents and scrutiny fees using the
online portal of the State pollution control Board (Online consent management).
It's followed by physical scrutiny of the location and assessment of the environmental management
system planned to meet the mandatory requirement prescribed by the State Pollution Control Board.
DOCUMENTS
While every state has its specific requirement, the following set of documents are usually required across
every state for seeking consent under Water Act, 1974 and Air Act, 1981:

CONSENT TO ESTABLISH CONSENT TO OPERATE


• Copy of last consent issued
• Site Plan/Location Plan of the industry
• Layout plan showing the details of all
• Detailed Project Report which includes manufacturing processes
the details of raw material, product to be
• Latest analysis report of solid waste, effluent,
manufactured, the capital cost of the unit
hazardous wastes, and fuel gases
(land, building, and plant machinery),
water-balance, source of water, and its • Copy of balance sheet duly attested by CA or CA
required quantity certificate
• Land documents such as Registration • Detail of land in case the effluent is discharged on
deed/ Rent deed/Lease deed land for percolation
• Details of Water Pollution Control/Air • Occupation certificate issued by Town & Country
Pollution Control instruments Planning Department, in case of Building &
construction projects/area development projects.
• MOA /partnership Deed
• MOA /partnership Deed

VALIDITY AND RENEWAL OF CONSENT


• Generally, Consent to Establish is a one-time activity; the State Pollution Control Board issues it for 3
to 5 years. In case the project proponent required an extension of the period, the entrepreneur can
apply for an extension basis the requirement.
• Consent to Operate remains valid for a period of 5, 10, and 15 years according to the red, orange, and
green category of the industry respectively.
• The industry/project proponent intending for renewal of the Consent to Operate shall apply through
OCMMS (Online Consent Management & Monitoring System) before the expiry of the period of
previous Consent to Operate permitted by the State Pollution Control Board.
• In some states, there is the provision of Auto Renewal in the cases where there isn’t any change in
their raw material, process, product, increase in overall capital investment cost, and machinery.
Production capacity and pollution load of the unit remains the same as declared in the original
application for Consent to Operate.

EXEMPTION
The industrial units/projects covered under the white Category are exempted from Consent Management
for obtaining CTE and CTO under Water Act, 1974 and Air Act, 1981 and any other units not covered
under Red, Orange and Green category.

PENALTY
“
If any Industry / Plant / project operates without obtaining Consent, the entrepreneur shall be liable for
imprisonment for a term which may extend to three (3) months or with a fine which may extend to ten
thousand rupees (INR 10,000) or with both.

MONIKA TAPARIA SHARIQUE FIROZ


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