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 need to obtain consent compulsorily under the Water Act, 1974 and Air Act, 1981 even before starting any production. State pollution board issue two type of consent:

  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.

Alonika.in has a team of expert professionals and consultants providing you the best assistance with regards to Consent to Establish and Consent to Operate. Contact us and obtain the consent from State Pollution Control Board.

Advantages of obtaining CTE/CTO

  1. Easy business setup: Being a mandatory requirement for every establishment and industry as per the category these consent helps in smooth business setup.
  2. Smooth Inspection: At the time of inspection or environmental audits these consent allows for smooth and easy inspection and audits.
  3. Avoid penalties: Consent to Establish and Consent to Operate are mandatorily being obtained by every establishment as per the category; not obtaining the consent attracts the penalties. Thus obtaining consent avoids the penalties imposed by department.
  4. Business Expansion: These consents allows to expand the business by fulfilling one mandatory requirement and provide the opportunities to take part in government tenders, exports and job works for other.

Documents required for CTE/CTO

Documents required for Consent to Establish (CTE):

  1. Site Plan/Location Plan of the industry
  2. 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 required with quantity
  3. Land documents such as Registration deed/  Rent deed/ lease deed
  4. Details of Water Pollution Control/Air Pollution Control instruments
  5. MOA / partnership Deed

Documents required for Consent to Operate (CTO):

  1. Copy of last consent issued
  2. Layout plan showing the details of all manufacturing processes
  3. Latest analysis report of solid waste, effluent, hazardous wastes and fuel gases
  4. Copy of balance sheet duly attested by CA or CA certificate
  5. Detail of land in case the effluent is discharged on land for percolation
  6. Occupation certificate issued by Town & Country Planning Department, in case of Building & construction projects/area development projects.
  7. 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.

Consent to Establish and Consent to Operate is mandatory for the industries falling under Red, Orange and Green category. A penalty will be imposed on the industries if they have failed to obtain consent from Pollution Control Board which can be Imprisonment or Fine or Both.

Consent to Establish is to be applied before 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 require any extension in validity, an application requesting for extension to be made in advance along with the reason for the extension sought.

Consent to Operate to be applied before initiating the operations of the establishment. Generally CTO is issued for 5, 10 or 15 years for Red category, Orange category and Green category respectively and need to be renewed before expiry.