We as Environment Consultants guide our clients for obtaining Environment Clearance, CRZ
Clearance, Consent to Establish, Consent to Operate and many more compliances which are
essential for establishing any industrial or Residential/Commercial unit. 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
Consent from the State Pollution Control Board.
The new units are under compulsion to obtain consent under the Water Act, of 1974 and Air Act,
of 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.
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).
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 with the mandatory requirement prescribed by the State
Pollution Control Board.
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
Documents required for Consent to Establish:
Documents required for Consent to Operate:
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 the Red, Orange and Green category.
Industries operating without Consent are liable to pay the penalty as per latest circular issued for Provision of Penal Fees for occupiers violating Consent regime prescribed under Air/Water Act vide letter No. BO/MPCB/AS(T)/Circular/B-220712FTS0047 Dated 12/07/2022.
* Calculations of number of years shall be calculated on the basis of number of days of non-compliance.
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