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Consent for Establishment (CFE) from SPCB

Consent for Establishment (CFE) is a mandatory certificate issued by State Pollution Control Board (SPCB) to industries before starting operations. It is issued after evaluating the potential pollution hazards caused by the proposed industry and ensures that the industry adheres to environmental regulations and standards. “
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Overview of Consent for Establishment (CFE) from SPCB

Consent for Establishment (CFE), also known as Consent to Establish (CTE), is a crucial NOC that regulates the release of air emissions, wastewater, and noise levels from industries. It is mandatory for businesses, projects, and units that can potentially pollute the environment.

The State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) issues the NOC into three categories – red, orange, and green. While some states maintain a list of white or exempted category, an application informing the board is still required. Entrepreneurs must apply for CFE before setting up their unit with all relevant documents. They will need a final Consent to Operate (CTO) after the construction and setup of the unit to commence operations. SPCB/PCC have been empowered under the Water and Air Act to regulate such establishments in their jurisdiction.

Advantages of Consent for Establishment (CFE) from SPCB

Compliance with regulations CFE ensures that the industrial establishment adheres to environmental standards and regulations, thus avoiding any potential penalties or legal action
Sustainable development CFE encourages sustainable development and ensures that the industrial establishment operates in an environmentally responsible manner
Health and safety CFE ensures that the industrial establishment does not pose any health or safety hazards to the employees or the surrounding community
Positive impact on reputation Obtaining CFE portrays the establishment as environmentally conscious and socially responsible, which can have a positive impact on its reputation and brand image
Access to financing Some financial institutions require CFE as a prerequisite for granting loans or other financial assistance to the industrial establishment

Registration Process

Step 1: Application for CFE: The entrepreneur or project proponent has to apply for CFE to SPCB through the Legal Suvidha platform. Legal Suvidha can assist in filling out the application form and uploading the necessary documents.

Step 2: Submission of documents: Legal Suvidha will assist in submitting all the necessary documents required for the CFE application, including a detailed project report, land documents, and pollution control measures proposed.

Step 3: Site inspection: Once the application and documents are submitted, SPCB officials will visit the site and conduct a detailed inspection to verify the information provided in the application and ensure that the proposed project adheres to environmental standards and regulations.

Step 4: Processing of application: The SPCB will process the application and, based on the inspection report, issue the CFE. Legal Suvidha can assist in following up with the SPCB and expediting the process.

Step 5: Rejection or Approval: If the application is approved, the entrepreneur can proceed with the construction of the unit. If the application is rejected, the entrepreneur can appeal the decision through Legal Suvidha.

Step 6: Renewal of CFE: CFE is valid for a specified period, and renewal is required after the expiry of the same. Legal Suvidha can assist in applying for the renewal of the CFE.

Required Documents

1.Application form for CFE/CTE

2.Proof of ownership/lease/rent agreement of the premises

3.Site plan/layout plan of the premises

4.Details of the manufacturing process and the raw materials used

5.Details of the pollution control measures proposed to be implemented

6.Details of the machinery and equipment to be installed

7.NOC from the local body, if applicable

8.NOC from the fire department, if applicable

9.Payment of prescribed fee

10.Any other document as may be required by the specific state or UT.

11.It is recommended to consult with a legal or environmental expert or the concerned

FAQ's Consent for Establishment (CFE) from SPCB :-

A request for the PPCC’s consent under Subsection (1) must be prepared in accordance with Subsection 2 of Section 25 of the aforementioned Act, and it must include the required information and fees.
The amount of the consent fee, also known as the CTE charge, which the establishment is expected to pay, will largely rely on the capital investment in the land. Plant and machinery, excluding capital investments in pollution control equipment (and without taking into account depreciation). Fees may be paid for a minimum of one year and a maximum of five years.
The management of all related activities, such as the consent application form, the collection of consent fees, site inspections, and the issuance of Consent to Establish (CTE) from SPCBs concerned, is the responsibility of the respective State Pollution Control Boards or Pollution Control Committees, even though the Central Pollution Control Board coordinates between all SPCBs and PCCs.
Industries, even conventional effluent treatment plants (CETP), generate trash and sludge that must be properly disposed of in order to protect the environment. Each water treatment facility must therefore obtain a Consent NOC from the State Pollution Control Board of the state in question.

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