Consent to Establish from Pollution Control Board
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Consent to Establish from Pollution Control Board – A Detailed Overview
Consent to Establishment (CTE) from the Pollution Control Board, also known as Consent for Establishment from the State Pollution Control Board (SPCB), is a mandatory environmental clearance required for controlling industrial discharges, including air pollutants, wastewater, and noise emissions. Industries are classified into Red (high pollution), Orange (moderate pollution), and Green (low pollution) categories based on the level of pollution they generate. In some states, there is also a White Category, which exempts certain industries from needing formal NOCs but still requires a basic application submission containing business details. The State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs), under the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act, oversee such industrial setups. Entrepreneurs must obtain a Consent to Establish before initiating operations and later apply for Consent to Operate (CTO) to begin functioning.
Why is Consent for Establishment from SPCB Necessary?
Before commencing construction or operation of an industrial unit, businesses must acquire Consent to Establish from the SPCB under the Water Act and/or Air Act provisions. This environmental approval ensures the unit aligns with pollution prevention and control norms. The SPCBs are responsible for issuing CTE in respective states, while PCCs carry out the same duties in Union Territories. Acquiring this certificate is a critical compliance step for any new industrial activity and must be completed alongside other statutory approvals. It ensures alignment with the country’s environmental protection regulations.
Benefits of Consent to Establish from Pollution Control Board
• Regulatory Adherence: CTE from the SPCB ensures your unit complies with environmental laws and avoids legal liabilities. • Promotes Sustainable Development: Encourages industries to operate in an environmentally responsible manner. • Protects Health & Safety: Ensures that the facility does not pose health or safety threats to workers or nearby populations. • Enhances Corporate Reputation: A CTE certificate showcases a company's commitment to environmental sustainability, boosting brand image. • Financial Accessibility: Having a CTE can aid in securing loans and financial assistance, as it is often a prerequisite.
1. Site and Project Documentation
- Site/Location Plan of the Industrial Unit
- Detailed Project Report: Raw materials, manufacturing process, products, capital investment (land, building, machinery), water consumption and sources
2. Land Ownership and Pollution Control Measures
- Land Ownership Documents: Registration deed, lease deed, or rent agreement
- Details of Pollution Control Measures (Air/Water)
3. Business and Partnership Documentation
- MOA or Partnership Deed
Procedure to Obtain Consent for Establishment
1. Submission of CFE Application: Apply online via the SPCB’s OCMMS portal or submit offline at the regional office with all required documents and applicable fees.
2. Review and Forwarding of Application: After submission, the application undergoes document scrutiny. Green Category industries are typically evaluated at the Regional Office level.
3. Issuance of Pollution NOC: Post-scrutiny, and if applicable, after site inspection, the file is forwarded to the approving authority. The process generally takes up to 120 days. A provisional CTE may be granted in some instances.
Note: Receiving or renewing CTE does not prevent SPCB from acting against violations. SPCB may revoke the consent if there is non-compliance with CTE terms or relevant environmental laws.
Extension of Consent to Establish
If a project is not completed within the original validity period of the CTE, an extension must be applied for. This process may involve industry self-certification.
For auto-renewals, apply through the OCMMS portal 30 to 90 days before expiry (as per respective board guidelines), attach required documents and NOC fees.
CTE renewal is generally granted if there is no change in production processes, products, raw materials, or capital investment. SPCB will review pollution load to confirm alignment with the original application. The renewed certificate is valid only for a limited time and subject to applicable Environmental Clearance (EC).
Karnataka SPCB Consent to Establish Fee Structure
The fees for obtaining a Consent to Establish (CTE) vary depending on the capital investment of the industrial unit. Below is the categorized fee structure based on the unit’s investment:
| Manufacturer (Production Capacity) | License Fees/year (INR) |
|---|---|
| Up to ₹1 Lakh | ₹400/year |
| ₹1–5 Lakhs | ₹1,000/year |
| ₹5–10 Lakhs | ₹3,000/year |
| ₹10–25 Lakhs | ₹4,000/year |
| ₹25–50 Lakhs | ₹6,000/year |
| ₹50 Lakhs–1 Crore | ₹12,000/year |
| ₹1–5 Crores | ₹30,000/year |
| ₹5–10 Crores | ₹40,000/year |
| ₹10–25 Crores | ₹60,000/year |
| ₹25–50 Crores | ₹1,00,000/year |
| ₹50–100 Crores | ₹1,50,000/year |
| ₹100–250 Crores | ₹2,50,000/year |
| ₹250–500 Crores | ₹4,00,000/year |
| ₹500–1,000 Crores | ₹7,00,000/year |
| ₹1,000–2,500 Crores | ₹10,00,000/year |
| Above ₹2,500 Crores | ₹12,50,000/year |
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