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Introduction 

-There is a requirement to Obtain License from State Pollution Control Board before starting any unit which emits air pollutants causing Air pollution or effluents in water causing Water Pollution.

-For granting license to various units, The Ministry of Environment, Forest and Climate Change has categorized industries into Red, Orange, Green and White Industries.

-All Red, Orange and Green Categorized Industries emitting effluents in the air or sewage disposal in water are mandatorily required to obtain license. 

-For White Category Industries, Only undertaking with respect to starting of unit is required to be submitted to Pollution Control Board online and a copy to be sent physically to department within 30 days.

Consents required for Industrial units 

2 types of consents are required namely-

Consent to establish

  • Required before starting construction of proposed unit.
  • Valid for 1 to 7 years according to request made by Project Developers/ Designers/Investors

Consent to operate

  • Required before starting production activity on the unit
  • Valid for Maximum 5 years (For Red Category Industries), 10 years (For Orange Category Industries) and 15 years (For Green Category Industries) 
  • Can be obtained only after obtaining Consent to establish 

Note- Validity of Consent to establish and operate may vary from state to state. 

Category of Industries with Pollution Index Score (PIS) 

Red Category Industries having PIS of 60 and above
Orange Category Industries having PIS of 30 to 59 
Green Category Industries having PIS of 15 to 29 
White Category Industries having PIS of Less than 15 

Exempted and Prohibited Industries

  • White Category industries are exempted from Obtaining consent to establish and operate. They are only required to submit undertaking with respect to unit is to Pollution Control Board online and a copy to be sent physically to department within 30 days. 
  • Industries under Prohibited/ Negative List Industries are prohibited to be operated in the state. So no consent will be granted for such industries.
  • Red category industries are also prohibited to be established in eco sensitive and protected areas. 

Documents required

  • Residential proof of unit ( Lease deed/ Sale deed/ any other relevant document)
  • Registration certificate of Business Constitution of applicant (Depending upon form of business) 
  • Complete Project report details
  • Layout Plan for Industry 
  • Chartered accountant certificate for certifying Capital Investment in the industry 
  • Emission analysis report of air pollutants and effluents causing air and water pollution  
  • Details about devices installed for reduction of pollution 
  • Undertaking that unit is not in Prohibited category areas 
  • Other documents (Depending on industry type)

Note-

Documents may vary from state to state and type of industrial activity

Fees to obtain consent

Fees depends on Category of Industries and Type of Industrial activity 

Procedure to apply 

  • Consent can be obtained online on Pollution control website of respective state.
  • Required documents to be attached for obtaining consent with applicable fees.
  • After online application, attached documents are required to be sent to respective state’s pollution control board in hard copy. 

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Author Bio

I am Qualified Company Secretary June 2019 Batch. Writing legal blogs and articles for websites is my passion. Practising in Incorporation of Companies, Winding up of Company, All kinds of ROC Compliance, Annual Filing, Income Tax Return Filing ,Search Report for Companies. View Full Profile

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