Procedure to Obtain Consent to Operate Under Environment Protection Act

Shreya Jain

Shreya Jain

Published on: Oct 14, 2025

Shweta Khandelwal

Updated on: Oct 14, 2025

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Introduction

Before commencing operations, industries shall obtain Consent to Operate (CTO) from the relevant State Pollution Control Board (SPCB) after securing Consent to Establish and fulfilling all prescribed conditions. CTO is a mandatory requirement under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, applicable to any unit likely to discharge effluents or emit air pollutants including those managing hazardous, e-plastic, and biomedical waste.

Industries are categorized as Red, Orange, Green, Blue or Exempted based on pollution potential, with the SPCB assessing compliance before granting or renewing CTO. Under the Air and Water Act, units situated in designated pollution control areas shall obtain CTO prior to operation. The SPCB inspects pollution control measures and may refuse, cancel, or modify consent, following due process, if conditions are unmet.

Applications for CTO must be submitted at least one month before operations commence. The SPCB reviews and grants consent within four months for a fixed period ensuring environmental safeguards are maintained.

Applicable Provisions

1. Section 25 and Section 26 of the Water (Prevention and Control of Pollution) Act, 1974
2. Section 21 of the Air (Prevention and Control of Pollution) Act, 1981

Mandatory Requirements

To apply for consent to operate, the applicant requires the following documents:

• Detailed layout plant of all processes and point source of effluent or sewage discharge or emission
• Process flow sheet
• Latest analysis report on solid waste, effluent, hazardous waste and fuel gases
• Details of water pollution control instruments
• Details of Air pollution control instruments
• Air quality report
• Water budget calculations
• Details of chemical reactions with mass equilibrium

Procedure

Filing of Application – The applicant files an application to the respective State Pollution Control Board with all the required information or particulars and the requisite fee.

1. Inspection of the Unit – Once the applicant submits the application, the State Pollution Control Board goes for an inspection of the unit or industry to make sure that it is fir for the consent to operate.
2. Scrutinization and recommendation – A Supervising Officer, Scientific Officer, or Environmental Officer scrutinizes the application and makes its recommendation based on it.
3. Grant of consent to operate – Based on the recommendations of the Supervising or scientific officer, the Consent to Operate is granted to the applicant by the State Pollution Control Board.

Validity Periods by Industry Category:

• Red category industries 5 years
• Orange category: 10 years
• Green category: 15 years
• Blue category: 17 Years (can be extended for 2 Years)

Renewal Incentives & Penalties:

1. Use Form II with renewal fee
2. 5% rebate on CTO renewal fee for applications submitted ≥120 days before expiry
3. Late renewal penalties
   • 25% fee for applications submitted 120-45 days before expiry
   • 50% fee for applications within 45 days of expiry
   • 100% penalty for post-expiry applications