Consent to Establish (CTE) from SPCB

Overview of Consent to Establish (CTE) from SPCB

Consent to Establishment (CTE) is a pollution NOC (No objection Certificate) that regulates the industrial discharge of air emission, wastewater and noise levels. It must be obtained by all businesses, projects and units that have the potential to pollute the environment in their regular line of work. The NOC, i.e. Consent to Establish (CTE) from SPCB, is issued by the concerned State Pollution Control Board (SPCB) in a state or a Pollution Control Committee (PCC) in UTs into three categories, i.e. red category industries that are most polluting, orange category industries that cause moderate pollution and green category industries that are mildly polluting. Some states also maintain a list of white or exempted category that doesn't require NOC, but an application informing the board of necessary information about the business is sufficient. SPCB/PCC have been empowered under the Water Act and Air Act to regulate any such establishment or activity in their concerned jurisdiction. Therefore, before establishing their factory/unit or the project proponent or the entrepreneur must obtained Consent to Establish (CTE) from SPCB with all relevant documents. Subsequently, after the construction and setup of the unit, the applicant will need the other final consent, i.e. Consent to Operate(CTO), to start the unit's operation.

Procedure for issue of Consent for Establishment

For New units under the Red, Orange & Green Category, the industrial units and projects covered will first have to apply application through OCMMS portal of the concerned State Pollution Control Board. After registration, the applicant will be assigned a unique ID and Password. OCMMS is a web-based application software for automating Consent management and monitoring, one of the basic functions of any State Pollution Control Board/ Pollution Control Committee. With the given credentials, the applicant can apply for Consent to Establish (CTE) from SPCB along with the requisite fee as applicable for respective industrial units/ projects as per fee structure of the Board. The CTE so granted shall be valid for the period of 1-5 years in case of industries/ units. In case of projects covered under the provisions of EIA notification, 2006. The validity of CTE can be valid up to date of validity of Environmental Clearance or date of commissioning, whichever is earlier. The industrial units/projects covered under the white category are exempted from Consent Management for obtaining CTE and CTO under Water Act and Air Act.

Documents required for Consent to Establish (CTE) from SPCB

1. Online application
2. Proof of deposit of NOC/CTE fee and performance security.
3. C.A. Certificate regarding capital investment cost w.r.t. land, building, plant and machinery of the proposed project.
4. Fard Jamabandi and Intkal of land of the unit, in case unit is located outside approved industrial area/estate.
5. Power of attorney/authority letter to sign the application.
6. Allotment letter of the plot issued from the concerned authority in case of approved industrial area.
7. Manufacturing process and process Flow Chart.
8. Design Scheme of Effluent Treatment Plant/ Sewage treatment Plant, Air Pollution Control Devices / Hazardous Waste Management as applicable, with Hydraulic Design and design calculations based upon the Pollution load and prescribed standards. In case of Brick kilns, design and drawing of high draft Zig Zag technology based Kiln and stack.
9. Report of Tehsildar and District Forest Officer regarding Kisam of land through Deputy Commissioner, for areas covered under Aravali Notification, if applicable. In case the land falls in the industrial estate / area and HUDA sectors, the report of Regional Officers will be taken regarding applicability of Aravali Notification (only for District Gurugram and Nuh).
10. Clearance/ permission in case of the projects falling in the revenue estates covered in the Notification no. 191(E) dt. 27.08.2010 issued by Ministry of Environment, and Forest, Government of India regarding protected area of Sultanpur National Park in District Gurgaon. 11. Proof of receipt of application submitted to the Forest Department for clearance / permission /NOC, of Forest Department.
12. Report of Revenue Department / Forest Department & other concerned departments regarding sitting parameters in respect of Stone Crushers, Hot Mix Plants, Screening Plants, Pulverizes, Poultry Farms and License of DFSC in Case of brick Kilns.
13. Change of land use permission/license/NOC certificate from the Town & Country Planning Department or respective Municipal or other Authority or village Panchayat, as the case may be.
14. Lease deed/ Rent Agreement in case land is taken on rent or lease, Collaboration deed in case of construction projects, if applicable (duly registered with revenue authorities).
15. Copy of Environmental Clearance in case of the projects covered under, EIA Notification dated 14.09.2006.
16. Copy of MOA / partnership Deed / Trust Deed, as applicable having the name and address of Directors/Partners.
17. Declaration by the unit regarding awareness about pollution control related standards and law and undertaking for their compliance, as per Annexure-VII.
18. Site plan of the unit in case it is located outside approved industrial area.
19. Layout plan showing the details of all manufacturing processes, location of stacks/ chimneys, ETP/ STP, APCM, Hazardous Waste storage and treatment facilities, tube wells, Water supply lines, Effluent drains and final outlets for the disposal of the effluent.

Application Process for Consent to Establish (CTE) from SPCB

Step 1: Application for Consent to Establish (CTE) is submitted online along with fee applicable and all required documents as per prescribed documents checklist of Board.
Step 2: Submitting Documents: All applications are scrutinized by the Regional Office of SPCB. Step 3 Issue of Pollution NOC: After the scrutiny of documents, the application is forwarded to the approving authority to issue Consent to Establish.

Extension/renewal of Consent to Establish (CTE) from SPCB

In case the unit/ project is not completed before the expiry of the validity of CTE, the applicant can apply for an extension/renewal of CTE with in time frame. In such cases, units must follow the procedure prescribed by the respective board based on the self-certification of the industry. The project proponent intending for auto-renewal of CTE must apply through the OCMMS portal of the Board 30 to 90 days (depending on the board) before the date of expiry of the period of previous Consent for Establish, along with the NOC fees and prescribed documents. Usually, the CTE will be easily renewed based on self-certification, but only in those cases where has been no change in the process and the manufacturing of the product, raw material or increase in overall capital investment cost on building, land, machinery, or production capacity. Also, the pollution load of the unit will be checked, and if it has remained the same as declared by the unit in the original application submitted earlier during the first CTE, the applicant can be issued renewed CTE. However, CTE can be renewed only for a limited period, subject to the validity of EC if applicable.