EHS
Procedure to Obtain Consent to Establish Under Environment Protection Act
Shreya Jain
Introduction
Consent for Establishment (CFE) also known as Consent to Establish (CTE) is a mandatory No Objection Certificate (NOC) issued to industries and facilities that may generate air emissions, waste water, or noise pollution. This certificate is a pre-requisite for setting up any project or business that has the potential to impact the environment.
The responsibility for issuing the CFE lies with the State Pollution Control Board (SPCB) or the Pollution Control Committee (PCC), as authorized under the Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of Pollution) Act. These regulatory bodies classify industries into Red, Orange, Green and White Categories based on their pollution potential.
Even in states where certain low-impact activities are exempt from obtaining prior consent, applicants are still required to notify the relevant SPCB/PCC through a formal application.
Entrepreneurs and project developers shall obtain CFE by submitting all necessary documents before commencing construction or installation activities.
Applicable Provisions
- Section 25 and Section 26 of the Water (Prevention and Control of Pollution) Act, 1974
- Section 21 of the Air (Prevention and Control of Pollution) Act, 1981
Mandatory Requirements
When applying for Consent for Establishment (CFE), applicants shall submit a comprehensive set of documents that provide detailed information about the proposed project, site, operations, and environmental safeguards. The following is a general list of mandatory documents required by most State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs) :
- Application Form – Duly filled CFE/CTE application form, available through the respective SPCB’s OCMMS portal or regional office (if the online system is not fully functional or for specific cases).
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Site and Ownership Details
- Proof of ownership – If the land is privately owned, provide the land registration agreement. If the site is leased or rented, submit a copy of the lease or rental agreement.
- Site plan/layout plan clearly indicating boundaries, access roads, and facility layout.
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Project Information – Detailed project report including:
- Nature and scope of the industry/project.
- List of raw materials and final products.
- Capital investment breakup (land, machinery, building, Raw Material, etc.).
- List of machinery and equipment to be installed.
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Pollution Control Measures – Details of proposed Pollution Control Devices/Systems for managing:
- Air emissions
- Effluent and waste water treatment
- Solid and hazardous waste disposal
- Noise reduction measures
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NOCs and Clearances
- No Objection Certificate (NOC) from the local municipal or governing body.
- NOC from the Fire Department (if applicable).
- Any other statutory approvals or environmental clearances applicable to the specific project or location.
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Resource Utilization Details Under Water (Prevention and Control of Pollution) Act
- Water requirement and source of water supply.
- Water balance chart showing water usage and recycling (if applicable).
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Legal and Financial Documents
- Memorandum of Association (MOA) / Partnership Deed / Trust Deed (as applicable).
- Undertaking signed by the applicant confirming adherence to environmental norms.
- Prescribed application fee (CTE fee) payment receipt.
- State-Specific Requirements – Any additional documents or forms as prescribed by the concerned SPCB or Union Territory Pollution Control Committee.
Procedure
Industries and projects that fall under the Red and Orange categories, as classified by the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), shall obtain Consent for Establishment (CFE) before commencing construction or setup activities. The application process is typically conducted online through the Online Consent Management & Monitoring System (OCMMS) portal of the respective SPCB. The general procedure is outlined below:
- Application Submission – Applicants shall submit a duly completed Consent for Establishment (CFE) application either online via the SPCB’s OCMMS portal or where applicable, through an offline process at the concerned regional office. The application shall be accompanied by all required documents and the applicable fee.
- Scrutiny of Documents – Once the application is submitted, the SPCB reviews and verifies the documentation provided. This includes assessing the proposed site plan, pollution control measures, and technical project details. For Green Category industries, the regional office typically handles the scrutiny process directly.
- Site Inspection (If Applicable) – For certain projects, especially those in the Red or Orange categories-the SPCB may conduct a site inspection to validate the information provided in the application. The inspection helps ensure that the proposed facility is situated and designed in compliance with environmental norms.
- Evaluation and Decision – After reviewing the documents and inspection reports (if applicable), the SPCB forwards the application to the competent authority for final evaluation. Based on the assessment of the project’s environmental impact and proposed mitigation measures, the Board may:
- Grant Provisional Consent for Establishment (CTE) or
- Request clarifications/additional documentation or
- Reject the application, with reasons stated.
Renewal of Consent to Establish (CTE) is the process by which industries, projects or activities shall re apply for authorization to continue operations once their initial CTE validity period typically 3 to 5 years expires, depending upon the category in falls under. This renewal ensures that the entity remains in compliance with environmental regulations. The application shall be submitted well in advance of the expiry date, at least four months prior. In certain cases, industries may qualify for auto-renewal, provided there have been no substantial changes in operations, production capacity, or pollution load.
