Maharashtra Pollution Control Board Consent CTE/CTO

Maharashtra Pollution Control Board (MPCB) is a Regulatory Body for handling Environmental Compliance in the state of Maharashtra, India. MPCB issues Consent to Establish (CTE) and Consent to Operate (CTO) to the Industries involved in manufacturing, and processing in the territory of Maharashtra. CTE is a preliminary authorization granted to industries and businesses before they begin any establishment, construction or installation activities. It ensures that the proposed project complies with environmental standards and norms. Once the project is established, the entity must obtain Consent to Operate (CTO) from MPCB to legally commence its operations. This consent confirms that the business operates within the prescribed environmental parameters and adheres to pollution control measures outlined by the MPCB. Obtaining a Consent to Establish and Consent to Operate certificate is mandatory for Industries that are operating under Maharashtra State.

Maharashtra Pollution Control Board (MPCB) is responsible for applying various environmental rules in the state of Maharashtra, including Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environmental (Protection) Act, 1986 and the rules like, Biomedical Waste (M&H) Rules, 1998, Hazardous Waste (M&H) Rules, 2000, Municipal Solid Waste Rules, 2000 etc.
 

MPCB's primary tasks include: planning comprehensive programs for pollution prevention, control, or abatement and ensuring their execution:
 

 To gather and communicate information about pollution and its prevention, control, or abatement.

 In conjunction with the consent given, to inspect sewage or trade effluent treatment and disposal facilities, as well as air pollution control systems, and to study plans, specifications, or any other data relevant to the treatment plants, disposal systems, and air pollution control systems.

 Supporting and supporting advancements in pollution management, waste recycling and reuse, eco-friendly behaviours, and so on.

 To educate and guide entrepreneurs in environmental improvement by recommending appropriate pollution control technology and strategies.

 Increasing awareness to the public who are residing in Maharashtra State about the importance of a clean and healthy environment, as well as responding to public complaints about pollution issues.

MPCB has classified Industrial activities into White, Red, Green and Orange categories. These categories are decided on the basis of Pollution Potential as already mentioned on the website of MPCB. MPCB has divided industrial operations into four categories: white, red, green, and orange. These classifications are determined based on Pollution Potential, as stated on the MPCB website.
 

White Category: The government introduced the 'White Category' idea in 2016. The category was created in an attempt to separate the least harmful industries. Due to their non-polluting nature, these industries do not require a consent certificate. The industries in this category operate in accordance with the DPCC classifications, with a pollution index ranging from 0 to 20. This industry is thought to be the least polluting.

Green Category: The Green category includes industries with a pollution index between 21 and 40. Before establishing an industry, these sectors must submit their consent. These industries must obtain permission to operate and permission to create since they are regarded as polluting enterprises.

Orange Category: These industries encompass the range of 41 to 59 on the pollution scale. Industries in the orange category are prohibited from starting up operations without submitting a consent certificate. Prior to founding and operating the industry, orange category industries must also file consent certificates, just like in the green category.

Red Category: An industry that has a lot of pollution score or too much waste generation has been categorized as red by the Ministry of Environment and Forests Climate Change (MoEF & CC). These Industries are not able to work in areas that are residential or that are environmentally sensitive. The Red category includes all industries that discharge harmful and hazardous waste which is dangerous for human health.

"Consent to establish" typically refers to a regulatory authorization required by government authorities for individuals, businesses, or industries seeking to initiate new construction projects, industrial facilities, or activities that could potentially impact the environment. This process involves submitting an application, undergoing environmental assessments, ensuring compliance with relevant regulations, and often seeking public input. The regulatory authority then decides whether to grant or deny consent based on environmental considerations and adherence to legal standards, often imposing conditions for minimizing environmental impacts and ensuring responsible development. The specific requirements and procedures for obtaining consent to establish vary by jurisdiction and aim to strike a balance between economic development and environmental protection.

"Consent to operate" is a regulatory approval typically required by government authorities for various types of facilities or businesses, such as industrial plants, factories, or businesses that handle potentially hazardous materials. This approval is necessary once an establishment has completed construction or setup and is ready to commence operations. Consent to operate allows the facility or business to commence its activities while adhering to ongoing monitoring and compliance obligations.

Documents Required for MPCB Consent to Establish (CTE)
 

 Company PAN Card
 

 Identity and Address Proof of the Firm Owner
 

 Electricity Bill/Landline/Water Bill
 

 GST and MSME Registration Certificate
 

 Certificate of Incorporation/Partnership Deed
 

 CA Certified Letter | Balance Sheet | Capital Investment
 

 Manufacturing Process Flowchart
 

 Industry Registration
 

 Land Ownership Certificate
 

 Detailed proposal for pollution control system
 

 Local Body (Planning Authority) NOC
 

Documents Required for MPCB Consent to Operate/Renewal
 

 CA Certified Letter | Balance Sheet | Capital Investment
 

Manufacturing Process
 

 Industry Registration
 

 Land Ownership Certificate
 

 Detailed proposal for pollution control system
 

 Previous Consent Copy
 

 Local Body (Planning Authority) NOC
 

 Bank Guarantee format

Legal Compliance: CTE and CTO are legal requirements for setting up and operating industries in Maharashtra and other parts of India. Failing to obtain these permissions can result in legal action, fines, or shutdown orders.

Environmental Responsibility: Obtaining CTE and CTO reflects a commitment to environmental responsibility and compliance with pollution control laws.

Public Health and Safety: Reducing pollution and emissions from industrial activities helps improve air and water quality, leading to better public health and safety in the surrounding communities.

Business Continuity: Without CTE and CTO, your business may face the risk of being shut down or facing penalties. Obtaining these permissions ensures the continuity of your operations and avoids costly legal consequences.

Improved Efficiency: Complying with pollution control regulations may require the implementation of cleaner and more efficient technologies and processes, which can lead to cost savings and improved operational efficiency.

Sustainability and Corporate Social Responsibility (CSR): Obtaining CTE and CTO aligns with corporate social responsibility initiatives and sustainability goals. It showcases your company's dedication to sustainable practices.

Access to Government Incentives: Some government incentives, subsidies, or grants may be available to businesses that meet environmental compliance standards. Having CTE and CTO in place can make your business eligible for such benefits.

Note:  the specific requirements and procedures for obtaining CTE and CTO may vary depending on the type of industry, location, and scale of operations. Businesses should work closely with the relevant pollution control board, follow the necessary application processes, and adhere to the prescribed environmental standards to ensure compliance and reap these benefits.

Step 1: Portal Registration: Create a Login ID and password with the MPCB online portal.
 

Step 2: Drafting of Application: Prepare required documents as per MPCB mandatory prescribed formats.
 

Step 3: Application Submission: Fill in the details and submit the prepared documents through the online MPCB portal.
 

Step 5: Scrutiny of Application: A reviewing offer from MCPB will verify the submitted form and documents via the MPCB portal.
 

Step 6: Grant of CTE Certificate:  After successful verification and scrutiny of the application MPCB issues CTE Certification.
 

Step 7: Application for CTO: An applicant needs to submit the application for CTO Once the CTE Certificate has been approved.
 

Step 9: Factory Inspection: An Inspector from MPCB will visit the applicant's premises in order to verify the business activity.
 

Step 10: Grant of CTO Certificate: MPCB will issue CTO Certification post inspection at the premises. 

Agile Regulatory offers a complete package in facilitating the acquisition of Consent to Establish (CTE) and Consent to Operate (CTO) from the Maharashtra Pollution Control Board (MPCB) by offering comprehensive environmental advisory and compliance services. Initially, the firm assists businesses in understanding and complying with MPCB regulations and guidelines, ensuring that their proposed or existing operations align with stringent environmental standards. They conduct thorough site assessments, prepare and compile all necessary documentation, and streamline the application process, significantly reducing the time and effort required for CTE and CTO acquisition. Consulting firms also provide expert guidance on pollution control measures and sustainable practices, aiding companies in implementing environmentally friendly solutions to meet MPCB requirements. Their expertise extends to conducting environmental impact assessments and addressing any compliance issues that may arise, helping businesses maintain a clean environmental record and avoid penalties. In essence, consulting firms serve as invaluable partners in navigating the complex regulatory landscape and promoting environmental responsibility while obtaining CTE and CTO approvals from the MPCB.