Consent to Establish and Consent to Operate

Consent to Establish and Consent to Operate

Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981

INTRODUCTION

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 the Consent from the State Pollution Control Board.

The new units are under compulsion to obtain consent under the Water Act, 1974 and Air Act, 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.

TYPES OF CONSENT

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).

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.

PROCEDURE TO OBTAIN CONSENT

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.

DOCUMENTS

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

Consent to Establish

· Site Plan/Location Plan of the industry

· Detailed Project Report which includes the details of raw material, product to be manufactured, the capital cost of the unit (land, building, and plant machinery), water-balance, source of water, and its required quantity

· Land documents such as Registration deed/ Rent deed/Lease deed

· Details of Water Pollution Control/Air Pollution Control instruments

· MOA /partnership Deed

Consent to Operate

· Copy of 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 CA or CA certificate

· Detail of land in case the effluent is discharged on land for percolation

· Occupation certificate issued by Town & Country Planning Department, in case of Building & construction projects/area development projects.

· MOA /partnership Deed

VALIDITY AND RENEWAL OF CONSENT

Generally, Consent to Establish is a one-time activity. The State Pollution Control Board issues it for 3 to 5 years. In case the project proponent required an extension of the period, the entrepreneur can apply for an extension basis the requirement.

Consent to operate remains valid for

Projects

Validity Period

Red Category (Large, Medium, Small & Micro scale)

5 years (5 year fees)

Orange Category (Large, Medium, & Small scale)

10 years (10 year fees)

Orange Category (Micro scale)

10 years (5 year fees)

Green Category (Large scale)

15 years (15 year fees)

Green Category (Medium scale)

15 Years (10 year fees)

Green Category (Micro & Small scale)

Combined CTE & CTO issued for period of 15 years after collecting 5 years fees

The industry/project proponent intending for renewal of the Consent to Operate shall apply through OCMMS (Online Consent Management & Monitoring System) before the expiry of the period of previous Consent to Operate permitted by the State Pollution Control Board.

In some states, there is the provision of Auto Renewal in the cases where there isn’t any change in their raw material, process, product, increase in overall capital investment cost, and machinery. Production capacity and pollution load of the unit remains the same as declared in the original application for Consent to Operate.

EXEMPTION

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 Red, Orange and Green category.

Penalty

If any Industry / Plant / project operates without obtaining Consent, the entrepreneur shall be liable for imprisonment for a term imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure.

For continuing violations, the imprisonment term will be no less than one year and six months, extending up to six years, along with fines. Additionally, if the violation persists, an extra fine of up to ₹50,000 may be imposed for each day the non-compliance continues after the initial conviction.

If non-compliance extends beyond one year from the date of conviction, the offender may be sentenced to imprisonment for no less than two years, up to seven years, and a fine.

Further, if any person fails to pay the imposed penalty or additional penalty within ninety days, they may face imprisonment for up to three years, or a fine up to twice the amount of the penalty or additional penalty, or both.

In cases where the offense is committed by a company, every individual responsible for the company’s operations at the time of the offense, as well as the company itself, will be deemed guilty. However, such individuals can avoid punishment if they can prove the offense occurred without their knowledge or that they exercised all due diligence to prevent it. (These penalties are outlined in the Jan Vishwas (Amendment of Provisions) Act, 2023, effective from April 1, 2024.)