Every establishment or Entrepreneur engaged in any activity related to production or processing of anything which is likely to discharge any waste or pollution in the environment need to obtain consent from State Pollution Control Board of respective state in which the production or processing is operated.
Every new establishment needs to obtain consent compulsorily under the Water Act, 1974, and Air Act, 1981 even before starting any production. State Pollution Board issues two types of consent:
- Consent to Establishment: This consent is required to be obtained before establishing any Industry, plant or process. The Consent to Establish is the primary clearance.
- Consent to Operate: Once the Industry, Plant, or process is established according to mandatory pollution control systems, the units are required to obtain consent to operate.
Alonika in has a team of expert professionals and consultants providing you the best assistance with regards to Consent to Establish & Consent to Operate certificate. Contact us and obtain consent from the State Pollution Control Board.
Advantages of obtaining CTE and CTO Certificates
- Easy business setup: Being a mandatory requirement for every establishment and industry, as per the category, this consent helps in smooth business setup.
- Smooth Inspection: At the time of inspection or environmental audits, this consent allows for smooth and easy inspection and audits.
- Avoid penalties: Consent to Establish and Consent to Operate certificates are mandatorily being obtained by every establishment as per the category; not obtaining the consent attracts penalties. Thus, obtaining consent avoids the penalties imposed by the department.
- Business Expansion: These consents allow the business to expand by fulfilling one mandatory requirement and provide opportunities to take part in government tenders, exports, and job work for others.
Documents required for CTE and CTO Certificate
Documents required for Consent to Establishment (CTE) registration:
- Site Plan/Location Plan of the industry
- Detailed Project Report which includes the details of raw material, product to be manufactured, proposed PCD details, capital cost of unit (land, building, and plant machinery), water balance, source of water, and its quantity required quantity
- Land documents such as Registration deed/ Rent deed/ lease deed
- Details of Water Pollution Control/Air Pollution Control instruments
- MOA/partnership Deed
Documents required for Consent to Operate (CTO) registration:
- Copy of the last consent issued
- Layout plan showing the details of all manufacturing processes
- Latest analysis report of solid waste, effluent, hazardous wastes and fuel gases
- Copy of balance sheet duly attested by a CA or CA certificate
- Details of land in case the effluent is discharged on land for percolation
- Occupation certificate issued by the Town & Country Planning Department, in case of Building & construction projects/area development projects.
- MOA/partnership Deed
CTE/CTO has is applicable to every industry and divided into 4 categories based on the nature of work, and how much pollution they will release into the environment. These categories are Wight, Green, Orange and Red. A detailed list of industries falling under these categories is available in Article Section. There is only one exemption given for the Industries falling under white categories from obtaining Consent to Establish or Consent to Operate.
How to Apply for Consent to Operate Certificate?
To apply for Consent to Operate (CTO) certificate, follow the steps below after receiving the Consent to Establishment (CTE) certificate from the State Pollution Control Board.
- Ensure that the CTE meets requirements such as the installation of adequate pollution control systems and completion of construction activities.
- Prepare the listed documents, which include:
- Copy of (CTE) consent to establishment
- Layout plan of the facility
- Waste and effluent analysis reports
- Balance Sheet certified by a Chartered Accountant
- Land or occupation certificate for construction projects
- Submit an application through the State’s Online Consent Management & Monitoring System (OCMMS) portal or apply manually. It is advisable to seek professional assistance, like Alonika, to avoid any issues with the provided documentation and enhance the chances of a successful application.
- SPCB may conduct periodic inspections to confirm adherence to the set guidelines under CTE.
- Once all requirements are met, you will be permitted to commence operations.
CTO pollution certificate validity depends on the nature of the industry (Red, Orange, Green) and needs renewal before the expiration date. Alonika, for example, provides this expertise within a full-service framework.
Consent to Establish and Consent to Operate CTO pollution certificates are mandatory for the industries falling under the Red, Orange, and Green categories. A penalty will be imposed on the industries if they have failed to obtain consent from the Pollution Control Board, which can be Imprisonment, a fine, or both.
Consent to Establish is to be applied before the establishment of any industry or business falling under Red, Green and Orange category. CTE generally issued for a period of 3 or 5 years. if the project, industry or business requires any extension in validity, an application requesting for extension to be made in advance, along with the reason for the extension sought. Just like CTE, businesses may also need a Shop Act License.
Consent to Operate is to be applied before initiating the operations of the establishment. Generally CTO is issued for 5, 10 or 15 years for Red category, the Orange category, and the Green category, respectively, and needs to be renewed before expiry.