Consent to Establish (CTE) from the Pollution Control Board

A Consent to Establish (CTE) is a vital environmental clearance required in India before starting any industrial construction or expansion. It's essentially a No Objection Certificate (NOC) from the State Pollution Control Board, ensuring that proposed activities comply with environmental standards from the outset.

This approval acts as the green light to begin laying the foundation. You need a CTE before any physical building or machinery installation. Once your facility is established and pollution controls are in place, you'll then need a Consent to Operate (CTO) before starting production. It's a two-step process designed to protect the environment while allowing for industrial growth.

Any industry, operation, or process in India that has the potential to discharge pollutants into water or air requires a Consent to Establish (CTE) from the State Pollution Control Board. This is mandatory for new setups, expansions, or modifications.

Specifically, CTE is required for:

• Industries: Manufacturing or processing plants that could generate wastewater or air emissions.
• Operations: Activities like construction, demolition, or any process that releases pollutants.
• Projects: Any new development, including buildings or infrastructure, that might impact the environment.

Simply put, if your project could pollute, you need a CTE before construction or machinery installation. It's a vital first step for environmental compliance.

Which Industries Need a Mandatory CTE?

Yes, Consent to Establish (CTE) is generally mandatory for industries, operations, and processes in India that have the potential to pollute the environment.

Consent to Establish (CTE) and Consent to Operate (CTO) are two distinct but interconnected environmental clearances crucial for industries in India. They represent different stages in the life cycle of an industrial unit, ensuring environmental compliance from planning through operation.

Here's a breakdown of their key differences:

Industries categorized as "white category" are generally exempt from the requirement to obtain Consent to Establish (CTE) and Consent to Operate (CTO) from state pollution control boards. This exemption is granted to industries with minimal environmental impact, as determined by the Central Pollution Control Board (CPCB).

Key Points:

• White Category Industries: These industries are considered to have a low pollution potential and are exempt from the dual compliance of CTE and CTO.
• Streamlined Process: This exemption makes it faster and easier for new, non-polluting businesses to get started.
• Examples: White category industries include solar and wind power projects, assembly of air coolers/conditioners, bicycle assembly, and fly ash brick manufacturing.
• Environmental Clearance: While exempt from CTE and CTO, white category industries may still be subject to general environmental clearance requirements under the Environmental (Protection) Act, 1986.

To obtain a Consent to Establish (CTE) from the State Pollution Control Board (SPCB), you'll generally need to submit documents like a covering letter, a notarized affidavit, land ownership proof, a project report, and site plans.

Core Documents

• Covering/Forwarding Letter: A formal letter stating your application for CTE, addressed to the SPCB.
• Notarized Affidavit: A sworn statement detailing your project's total capital investment, including the cost of land, building, and machinery, often without depreciation.
• Land Documents: Proof of legal right over the land, such as a sale deed, lease agreement, rent agreement, or allotment letter.
• Project Report: A document outlining your project's details, including the manufacturing process, raw materials, products, and expected pollution load.
• Site Plan/Layout Plan: A detailed map indicating the location of your unit, buildings, various process areas, pollution control facilities, and distance from sensitive areas.
• Industry Registration: Proof of registration with the District Industries Centre (DIC) or Udyog Aadhaar, if applicable.
• Financial Details: A Chartered Accountant's certificate confirming the capital investment in the project.

Documents related to Pollution Control

• Pollution Control Measures: Detailed design, specifications, and drawings of proposed pollution control devices for air emissions (e.g., scrubbers, bag filters) and wastewater treatment (e.g., ETP/STP).
• Water Balance: Details on water sources, daily consumption, wastewater generation, and proposed treatment and disposal methods.
• Waste Management: Information on the types, quantities, and proposed methods for handling, storage, and disposal of both solid waste and hazardous waste.
• Air Pollution Control: Specific details of any proposed air pollution control devices, including stack height calculations and emission control efficiency.

The procedure for obtaining Consent to Establish (CTE) in India is primarily online and managed by the respective State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs).

Step 1: Determine Your Industry Category and Applicability

• Identify your industry's category: The Central Pollution Control Board (CPCB) classifies industries into Red, Orange, Green, and White categories based on their pollution potential. This will determine the stringency of the application and the required fees.
• Confirm CTE is required: Ensure your industry is not exempt (e.g., White Category or already covered by Environmental Clearance).

Step 2: Gather Required Documents

This is a critical step, as missing or incorrect documents can cause significant delays. Common documents include:

• Project Report: Detailed report including the nature of the industry, manufacturing process, raw materials, products, proposed production capacity, and expected pollution load (air emissions, wastewater, solid/hazardous waste).
• Site Plan/Layout Plan: A detailed drawing showing the proposed layout of the plant, including production areas, storage, pollution control facilities (ETP, APCD, etc.), waste disposal sites, and the overall property boundary.
• Land Ownership/Lease Documents: Proof of legal possession of the land (e.g., sale deed, lease agreement, allotment letter from industrial estate).
• PAN and Aadhaar: Copies of the PAN card and Aadhaar card of the applicant/authorized signatory.
• Company Registration Documents: MOA/AOA (Memorandum of Association/Articles of Association) for companies, partnership deeds for firms, or proprietorship details.
• Details of Pollution Control Measures: Technical specifications and design schemes for proposed Effluent Treatment Plants (ETP), Air Pollution Control Devices (APCD), solid waste management plans, etc.
• Water Balance Details: Information on water sources, consumption, and wastewater generation.
• Capital Investment Certificate: A certificate from a Chartered Accountant (CA) detailing the capital investment on land, building, and plant & machinery.
• Consent Fee Calculation: An estimate of the applicable government fee based on industry category and investment.
• Environmental Clearance (EC): If your project requires a prior EC, a copy of the EC letter will be a mandatory document.
• Undertakings/Declarations: Various undertakings by the applicant ensuring compliance with environmental laws.

Step 3: Online Application Submission

• Register on the SPCB Portal: Visit the official website of your respective State Pollution Control Board (e.g., HSPCB for Haryana, UPPCB for Uttar Pradesh). Most SPCBs have an Online Consent Management and Monitoring System (OCMMS) portal. Register as a new user.
• Fill out the Online Application Form: Select the correct application type (Consent to Establish). Fill in all the required details accurately, including:
  • Basic unit information (name, address, type of industry).
  • Investment details.
  • Proposed production capacity.
  • Anticipated pollution load and details of control measures.
• Upload Documents: Upload scanned copies of all the prepared documents. Ensure they are clear, legible, and correctly labeled.

Step 4: Pay the Government Fee

• The system will automatically calculate the applicable CTE fee based on your industry category and capital investment.
• Pay the fee through the online payment gateway available on the portal.

Step 5: Application Scrutiny and Inspection

• Initial Scrutiny: The SPCB officials will review your application and submit documents for completeness and compliance with regulations.
• Site Inspection: While many SPCBs now allow self-certification for CTE, particularly for less polluting units, an inspection by Board officials may be carried out. This inspection aims to verify the feasibility of your proposed plans and site suitability. For Red and Orange category industries, inspection is more common.
• Query Resolution: If there are any discrepancies or additional information required, the SPCB may raise queries. You will need to respond and provide the requested details promptly through the online portal.

Step 6: CTE Approval and Issuance

• Once the SPCB is satisfied that your proposed project adheres to environmental norms and all conditions are met, they will grant the Consent to Establish.
• The CTE certificate will typically be issued digitally through the online portal. This certificate will specify the conditions under which you are permitted to establish your unit, including limits on emissions, discharges, and waste management.

Step 7: Post-CTE Compliance

• Adhere to Conditions: You must strictly follow all the conditions mentioned in the CTE certificate during the construction and establishment phase.
• Handling Project Changes or Deviations: Any significant changes to the proposed layout, process, raw materials, or production capacity that deviate from the CTE conditions will require a fresh application for revised CTE.
• Apply for CTO: Once the construction is complete and pollution control systems are installed and functional, you must apply for a Consent to Operate (CTO) before commencing actual production.

CTE Timeline

The CPCB guidelines suggest that CTE applications should ideally be processed within 30 days of receiving a complete application. However, actual timelines can vary depending on the state, industry complexity, and the promptness of applicant responses to queries.

The cost of a Consent to Establish (CTE) in India is primarily determined by the State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs) of the respective states/union territories.

General Fee Structure

• Lower Capital Investment: Industries with relatively lower capital investments, for instance, those with an investment up to Rs. 5 lakhs, typically pay a smaller fee. As a general indication across various states, this could be in the range of Rs. 1,000 to Rs. 5,000.
• Higher Capital Investment: As the capital investment increases, the corresponding CTE fee escalates. For large-scale industries with investments exceeding Rs. 50 crores, the fees can range from Rs. 1,00,000 to several lakhs of rupees, depending on the specific state's regulations. Some states even have slabs for investments exceeding Rs. 100 crores, Rs. 500 crores, or even Rs. 1000 crores, with fees reaching up to Rs. 10 lakhs or more for the very largest projects.

Fee Structure Variations

• Each State Pollution Control Board (SPCB) maintains its unique fee structure, making it imperative to consult the relevant SPCB's official website for precise and current information.

Examples

• Haryana: Fees range from Rs. 600 for investments up to Rs. 2 lakhs, escalating to Rs. 1,05,000 for investments exceeding Rs. 100 crores, according to the Haryana State Pollution Control Board.
• Maharashtra: The fee structure is proportionally linked to the capital investment, with rates increasing incrementally as the investment grows.
• Karnataka: Fees span from Rs. 400 for investments up to Rs. 1 lakh, reaching up to Rs. 7,00,000 for projects with investments surpassing Rs. 1000 crores.
• Himachal Pradesh: Captive mines associated with major industries may be charged Rs. 1,00,000 for Consent to Establish, while activities like stone and sand picking from riverbeds operate under a distinct fee framework.
• Tripura: The precise fees for both Consent to Establish and Consent to Operate are readily accessible on the Tripura State Pollution Control Board's online portal.

Common reasons for rejection of a Consent to Establish (CTE) application include incomplete or inaccurate information, inadequate pollution control measures, and non-compliance with environmental regulations.

1. Incomplete or Inaccurate Information

• Missing or Incorrect Details: Your application can be rejected if you leave out or provide wrong information about your project, machinery, or pollution control plans.
• False Information: Submitting false or misleading information within the application is a grave offense and will almost certainly result in rejection.
• Incomplete Documentation: Applications necessitate specific supporting documents (e.g., detailed site plans, process flow diagrams). Failure to furnish all mandatory .documents can lead to rejection.

2. Inadequate Pollution Control Measures

• Lack of Pollution Control Equipment: The application must demonstrate that sufficient measures, including the necessary equipment, are planned and in place to effectively control air and water pollution, along with robust solid waste management.
• Insufficient Pollution Control Efficiency: If the proposed pollution control measures are assessed as inadequate to achieve the required environmental standards and limits, the application may face rejection.

3. Non-compliance with Environmental Regulations

• Violating Environmental Laws: Your application will be rejected if the project is likely to break any environmental laws.
• Zoning or Location Issues: The intended location of the project might be deemed unsuitable due to conflicts with existing zoning regulations or its proximity to environmentally sensitive areas, leading to application denial.

In India, Consent to Establish (CTE) is a crucial environmental approval required before setting up an industry. Renewal, transfer, and amendments to a CTE are all possible, but they require specific procedures and adherence to regulations, primarily overseen by the State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs).

Consent to Establish Renewal

• Timing: Renewal applications should typically be submitted well in advance of the expiry date, often ranging from 60 to 120 days prior, depending on the specific SPCB's regulations.
• Process: Renewal applications are generally submitted online through the respective SPCB's portal, requiring updated project information and relevant supporting documents.
• Self-Certification: Many SPCBs allow for renewal based on self-certification for units where there have been no changes in raw materials, manufacturing processes, products, capital investment, production capacity, or the overall pollution load.
• Consequences of Non-Renewal: Failure to renew the CTE within the stipulated timeframe can lead to severe penalties, including fines, legal action, and potential revocation of the approval, making continued establishment illegal.

Consent to Establish Transfer

• Process: While historically, outright "transfer" of a CTE was often not explicitly permitted and a new CTE application might have been required in cases of change in ownership, many SPCBs now have defined procedures for the transfer of interest or change of ownership. This typically involves applying online and submitting documentation proving the change in legal entity, with the new entity undertaking to comply with all original CTE conditions.
• Consultation: It is crucial for both the existing and new parties to consult directly with the relevant SPCB to understand the specific requirements and exact procedure for transferring a CTE or if a fresh application is indeed necessary for their particular state.

Consent to Establish Amendment

• Reasons: Amendments to a CTE become necessary due to significant changes in the project, such as modifications in production capacity, alterations in raw materials used, changes in manufacturing processes, or upgrades to pollution control measures.
• Process: Amendment applications are usually submitted online through the SPCB's portal, providing detailed information about the proposed changes and all supporting documents that illustrate the nature and impact of these modifications.
• Approval: The SPCB will review the amendment application thoroughly and may conduct inspections to assess the environmental impact of the proposed changes before approving.

A Consent to Establish (CTE) form, also known as Consent for Establishment (CFE), offers several advantages for businesses and the environment. It ensures compliance with environmental regulations, protects against legal penalties, enhances reputation, and facilitates access to funding.

For Businesses

• Regulatory Compliance: CTE ensures that industries adhere to environmental laws and regulations, effectively preventing potential legal issues such as fines, mandated shutdowns, and other significant penalties.
• Legal Protection: By successfully obtaining a CTE, businesses demonstrably commit to environmental responsibility, which provides crucial protection from legal actions related to environmental non-compliance.
• Build a Strong Reputation: Complying with environmental rules shows your company is responsible, building trust with customers, investors, and the public.
• Access to Funding: Many financial institutions now mandate CTE as a prerequisite for extending loans and other forms of funding, thereby simplifying the process for businesses to secure the essential capital required for their projects.
• Improved Resource Efficiency: The implementation of various pollution control measures often directly leads to more efficient resource management, resulting in reduced waste generation, lower water and energy consumption, and ultimately, a decrease in overall operational costs.
• Innovation and Competitiveness: The structured process of obtaining CTE can actively encourage businesses to research and adopt cleaner technologies and more sustainable practices, thereby fostering innovation and significantly improving their overall market competitiveness.
• Facilitates Consent to Operate (CTO): Obtaining a CTE is a mandatory foundational step towards acquiring the Consent to Operate (CTO), which is legally required before any industrial unit can commence its production or operational activities.

For the Environment

• Protect the Environment: CTE ensures you have the right pollution controls in place, which helps protect our air, water, and land.
• Public Health Protection: By actively reducing the discharge of pollutants from industrial activities, CTE plays a vital role in the comprehensive protection of public health and overall safety.
• Sustainable Development: CTE directly supports the principles of sustainable development by ensuring that all industrial activities are planned and conducted in a manner that is environmentally responsible and mindful of long-term ecological balance.
• Resource Optimization: The process of obtaining CTE often motivates industries to adopt practices that lead to the minimization of waste generation and the optimized, more efficient utilization of precious natural resources.