UP Pollution Control Board Consent: CTE & CTO Explained

[Agile Regulatory]

The Uttar Pradesh Pollution Control Board (UPPCB) plays a crucial role in regulating industries and ensuring environmental compliance in the state. Businesses that deal with manufacturing, processing, or any activity that may impact the environment must obtain Consent to Establish (CTE) and Consent to Operate (CTO) under the Air and Water (Prevention and Control of Pollution) Acts. These approvals are mandatory to begin and continue industrial operations legally.

This article explains CTE and CTO, their application process, documents required, fees, and why they are essential for industries in Uttar Pradesh.

What is Consent to Establish (CTE)?

Consent to Establish (CTE) is the first step for any industrial unit planning to start operations in Uttar Pradesh. It is required before setting up a new industry, expanding an existing one, or modifying production processes. The UPPCB issues CTE to ensure that the proposed industrial activity adheres to environmental regulations.

Key Points About CTE:

• CTE must be obtained before construction or installation of machinery.
• It ensures compliance with pollution control norms.
• Industries must follow conditions laid out by UPPCB before starting operations.
• The approval process considers the environmental impact of the business.

What is Consent to Operate (CTO)?

Once an industry has obtained CTE and completed its setup, it must apply for Consent to Operate (CTO) to begin commercial production. CTO is granted only if the industry complies with pollution control norms, operates pollution control devices, and follows environmental safety standards.

Key Points About CTO:

• Required before starting industrial operations.
• Ensures continued adherence to pollution control measures.
• Issued for a limited period and must be renewed periodically.
• Non-compliance can result in fines or closure of operations.

Industries Required to Obtain CTE & CTO

Not all industries need consent from UPPCB. However, businesses classified under Red, Orange, and Green categories must obtain CTE and CTO. The classification is based on the pollution level of the industry.

1. Red Category: Highly polluting industries (e.g., chemical plants, textile dyeing units, foundries, etc.).
2. Orange Category: Moderately polluting industries (e.g., food processing units, dairy plants, etc.).
3. Green Category: Less polluting industries (e.g., small-scale engineering units, furniture manufacturing, etc.).

Exempted industries under the White Category do not require consent.

Application Process for CTE & CTO

The application for CTE and CTO is submitted online through the Uttar Pradesh Pollution Control Board (UPPCB) portal.

Step-by-Step Process:

1. Registration on UPPCB Portal
   • Industries must create an account on the Nivesh Mitra Portal.
2. Filling the Application Form
   • Provide details like company name, project details, location, production process, and expected emissions.
3. Uploading Required Documents
   • The list of documents varies based on industry type.
4. Payment of Fees
   • Fees are based on industry size, category, and location.
5. Inspection & Scrutiny by UPPCB Officials
   • A site inspection may be conducted for verification.
6. Approval or Rejection
   • If all requirements are met, the CTE/CTO is granted; otherwise, the industry may need to submit additional documents or make necessary changes.

Documents Required for CTE & CTO

The following documents are typically required for obtaining CTE and CTO:

For Consent to Establish (CTE):

• Industry registration certificate
• Project report detailing production processes
• Site plan and layout
• Details of pollution control measures
• No Objection Certificate (NOC) from local authorities
• Environmental clearance (if required)

For Consent to Operate (CTO):

• Copy of CTE approval
• Industry operation details
• Compliance report on pollution control measures
• Water and air pollution analysis report
• Waste management plan
• Fees payment proof

Validity & Renewal of CTE and CTO

• CTE Validity: Generally valid for five years for large industries and two years for small industries.
• CTO Validity:
  • Red Category: 5 years
  • Orange Category: 10 years
  • Green Category: 15 years

CTO renewal must be done before expiry to avoid legal issues.

Fees for CTE & CTO

The fees for CTE and CTO depend on multiple factors, including:

• Industry category (Red, Orange, Green)
• Investment in project or plant machinery
• Location (urban or rural areas)

Fee structures are available on the UPPCB website and are subject to periodic revisions.

Consequences of Non-Compliance

Failure to obtain or renew CTE/CTO can result in severe penalties, including:

• Heavy fines imposed by UPPCB.
• Sealing or closure of industrial operations.
• Legal action under environmental laws.

Industries must ensure compliance to avoid disruptions and legal liabilities.

How to Get Expert Assistance?

Navigating the UPPCB consent process can be complex. Hiring professional consultants can help streamline documentation, avoid delays, and ensure compliance with environmental laws. Experts assist with:

• Preparing and submitting applications
• Managing pollution control compliance
• Renewal and amendments of consent

Conclusion

Obtaining CTE and CTO from the UP Pollution Control Board is mandatory for industries operating in Uttar Pradesh. These approvals safeguard the environment by ensuring industries follow pollution control norms. By understanding the eligibility, process, and compliance requirements, businesses can ensure smooth operations and avoid legal hurdles. If you need guidance, consulting an expert can help make the process hassle-free.