Overview of Consent for Establishment (CFE) from SPCB
Consent for Establishment (CFE), also referred to as Consent to Establish (CTE), is a No Objection Certificate accorded to industries that control the release of air emissions, wastewater, and noise levels from theirindustrial activities. It is a mandatory requirement for businesses, projects, and facilities that have the potential to cause environmental pollution. The issuance of this document, also known as a No Objection Certificate (NOC), is the responsibility of the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC). The SPCB/PCC is authorised by the Water and Air Act to regulate such establishments within their jurisdiction. They categorise the NOCs into three types: red, orange, and green. Although some states have a list of exempted activities, informing the concerned Board by applying is still necessary. Entrepreneurs must apply for Consent for Establishment (CFE)and provide all the relevant documents before establishing their facility. Once the construction and setup of the unit are completed, they will require final Consent to Operate (CTO) to begin operations.
Procedure for Getting Consent for Establishment
To register new industrial units and projects falling under the Red and Orange Categories, the concerned State Pollution Control Board requires them to complete an online registration form on the OCMMS portal. The registration process follows these steps:
- Submission of CFE Application: The application for Consent for Establishment (CFE) is submitted online or, in some cases, offline to the regional office. Along with the application, all necessary documents must be provided. If the application is made online, it can be submitted on the respective Board's OCMMS portal, along with the required fee.
- Document Scrutiny and Submission: After the application is received, all applications (online/offline) are examined, and the documents are scrutinised. In the case of Green Category industries, the regional office scrutinises the application.
- Issuance of Pollution NOC: Once the scrutiny and/or initial inspection report (in case of a site visit) are completed, the application is forwarded to the approving authority. The entire processing time for a final decision typically takes around 120 days from receiving a complete application. A provisional Consent to Establish (CTE) will be issued in most cases.
Note: It's important to note that obtaining Consent for Establishment (CFE) from the State Pollution Control Board or renewing it does not exempt the units from any actions or penalties by the Pollution Board. If the units fail to comply with the provisions of CTE or any relevant provisions of the Air Act, 1981, or the Water Act, 1974, the Board can take necessary actions, including revoking the issued certificate. The granting or refusal of consent to establish is based on a thorough examination by the competent authority, considering the merits of each case.
Documents required for Consent for Establishment (CFE) from SPCB
The necessary documents for the application include:
- Duly filled CFE/CTE application
- Proof of ownership/lease/rent agreement for the premises
- Site plan/layout plan of the premises
- Project details, including information on raw materials, product description, and capital cost of the unit (e.g., land, machinery, building)
- Proposed pollution control measures
- Machinery and equipment details to be installed
- NOC from the local body
- NOC from the fire department
- Payment of the prescribed fee
- Any additional documents required by the specific state or Union Territory
- Water balance in the region, water source, and required quantity
- MOA (Memorandum of Association)/Partnership Deed
- CTE fee
- Signed undertaking
Note: The list of required documents may vary based on the specific regulations and requirements of each state or Union Territory. It is advisable to seek advice from a legal or environmental expert or the relevant authority.
Validity of Consent for Establishment (CFE) from SPCB
Consent to Establish (CTE) is typically a singular process, and it is granted by the State Pollution Control Board for a duration of 3 to 5 years. However, the validity period of Consent to Establish can vary based on the industry type, as outlined below:
Category of Industry/ Project
Micro and Small-scalegreen category project
3-5 years (depending upon the Pollution Control Board)
Medium and Large-Scale Green category projects
Orange and Red Category projects
Maximum of 5 years
Extension/Renewal of Consent for Establishment (CFE)
If the unit or project is not completed before the expiration of the Consent to Establish (CTE), the applicant has the option to apply for an extension or renewal of the CTE. In such cases, the units are required to follow the procedure specified by the respective Board, which is based on self-certification by the industry.
Those project proponents intending to seek auto-renewal of CTE must apply through the OCMMS portal of the Board. This application should be made between 30 to 90 days (depending on the specific Board) before the previous Consent for Establishment's expiry date. The necessary NOC fees and prescribed documents must be submitted along with the application.
The renewal of Consent for Establishment (CFE)can be easily granted based on self-certification, but only if there have been no changes in the manufacturing process, product, raw materials, or significant increases in capital investments related to the building, land, machinery, or production capacity. The pollution load generated by the unit will also be assessed, and if it remains consistent with the original application submitted during the initial CTE, the applicant can receive a renewed CTE. However, the renewal of CTE is usually granted for a limited period, subject to the validity of Environmental Clearance (EC) if applicable.
The advantages of Consent for Establishment (CFE) from SPCB
- Regulatory Compliance - CFE guarantees that the industrial facility complies with environmental regulations, preventing potential penalties or legal consequences.
- Sustainable Development - CFE promotes sustainable development by ensuring that the industrial establishment operates in an environmentally responsible manner.
- Health and Safety - CFE ensures that the industrial facility does not pose any health or safety risks to its employees or the surrounding community.
- Positive Reputation - Obtaining CFE demonstrates the establishment's commitment to environmental consciousness and social responsibility, enhancing its reputation and brand image.
- Access to Financing - Some financial institutions require CFE as a prerequisite for providing loans or other financial assistance to the industrial facility.
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