Enjoy exclusive help from legal experts in getting the SPCB NOC.

Obtaining (State Pollution Control Board) SPCB NOC is essential before establishing and operating a facility. Any individual who wants to establish and operate any project gets SPCB NOC in two forms - CTE (Consent to Establish) & Consent to Operate (CTO). The significant difference between the two is that CTE is obtained before establishing the plant. On the other hand, CTO is received after the facility is established and is ready to operate.

SPCB (State Pollution Control Board) NOC - Overview

To prevent pollution and the environment, SPCBs (State Board Pollution Control Boards) & Pollution Control Committees (PCCs) were framed under the Water (Prevention & Control of Pollution) Act, 1974. Rules mandate obtaining SPCB NOC for every new or existing facility to establish and operate the business smoothly. Pollution Control Committees (PCC) and State Pollution Control Boards (SPCB) in every Union Territories and state are responsible for issuing No Objection Certificates (NOC) to services or industries in their territory under the Air Act, 1981 & Water Act, 1974.

Industries that fall under categories listed by the Central Pollution Control Board (CPCB), i.e. Green, Red, Orange and White categories, must approach their respective SPCBs to obtain these NOCs. However, many states maintain a list of exempted categories that don't require any NOC. To establish a plant, one should adhere to the norms enumerated under section 25 of the Water (P & C of Pollution) Act, 1974. Moreover, to operate an industrial plant, one must comply with the rules mentioned under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981. SPCB authorisation acts as checks and guarantees that any industry that goes into operation complies with the restrictions and guidelines imposed by the law.

SPCB is a statutory organisation established under the Water (P & C of Pollution) Act 1974. The board works under the Central Pollution Control Board (CPCB) supervision. SPCB aims to implement environmental laws and rules within the concerned states for environmental protection. It is the nodal ministry to issue NOC for pollution control. SPCB, via the NOC, ensures that any manufacturing plant or unit is constructed according to the location policy of the individual state. It also ensures any risky industry doesn't get permission in a prohibited or sensitive zone or area of the state, which can be a significant loss of investment for a businessman.

Types of SPCB NOC

There are two types of SPCB NOC:

Consent to Establish (CTE)

CTE is the authority's consent form to run or establish any manufacturing industry.;

Consent to Operate (CTO)

CTO is needed to guarantee that the industry must maintain the standards associated with the operations.

Importance of SPCB Authorisation/CTE/CTO/NOC

Obtaining the SPCB CTE/CTO is required because of the following reasons -

  • To get a new electricity connection or continue the same
  • To establish a new industry or continue the existing one
  • To get a new water connection or continue the same
  • To obtain a Municipal Authority License
  • Obtaining or renewing of eating house license
  • Municipal License Renewal
  • To obtain NOC from the CGWA (Central Ground Water Authority)
  • To obtain International Trade License and Fire NOC

Benefits of SPCB CTE/CTO

Compliance with regulations

Obtaining an SPCB authorisation guarantees that the facility complies with the relevant pollution control regulations and norms, which helps to protect public health and prevent environmental damage.

Improve public image

Getting SPCB CTE/CTO can enhance the facility's public image, as it shows a commitment to responsible business practices and environmental protection.

Legal protection

Obtaining SPCB NOC offers legal protection to the facility in case of legal or environmental disputes, as it showcases compliance with pollution control regulations and norms.

Access to subsidies and funding

Some government subsidies and funding agencies need an SPCB NOC as a prerequisite for funding. Thus, obtaining such authorisation can decrease financing costs and increase financing availability.

Ease of getting other permits

Obtaining SPCB NOC also ease the process of getting other permits and licenses needed for the facility, as it demonstrates compliance with pollution control regulations and norms.

Eligibility criteria to obtain SPCB NOC

  • Demarcated areas for industries
  • The industries must not have one crore rupees in machinery and plant
  • Industry must not discharge any pollution
  • Industries that don’t have two crore rupees of machinery on hosiery units
  • The facility must not discharge hazardous or toxic waste

Documents needed to obtain SPCB authorisation

The following documents are required to obtain SPCB NOC -

  • Information on the DG set, including the capacity
  • The layout design and the manufacturer or industry layout plan
  • Effluent sewage treatment and emissions sources
  • The process flow
  • An analysis report of effluent, solid & hazardous wastes, and fuel gases
  • Information on the instruments used by the water and air pollution control board
  • Quality report of the air effluents
  • Budgeting for water calculations
  • There is a fee associated with obtaining the SPCB consent. A demand draft (DD) must be made to the appropriate pollution control authority
  • Emission analysis reports
  • A diagram of the monitoring facility

Procedure to obtain SPCB NOC

The procedure of obtaining SPCB authorisation can be done via online consent management and monitoring system.

  • The industry proprietor must submit the relevant fees, permits and the CTO/CTE form to obtain this license.
  • An officer inspects the facility before issuing the SPCB NOC.
  • Before issuing the first CTO and authorisation under Hazardous Waste Management (HWM) Rules, the competent authority checks the status of pollution control devices/measures undertaken when obtaining the CTE and their structural adequacy.
  • After granting the first CTO, a sample is inspected again in three months to check whether the industry complies with the Air & Water Pollution Norms.
  • The license stands valid only if the industry successfully passes the sample tests.
  • If not, the license is revoked and cancelled.

Validity of Consent to Operate (CTO)

  • For red category industries - 5 years
  • For orange category industries - 10 years
  • For green category industries - 15 years

Renewal of SPCB NOC

  • i. Facility owners must apply for CTO renewal one month before the expiry of the previous NOC.
  • ii. The owner must submit the application form and fee similarly to the above.
  • iii. A concerned officer inspects the industry to verify whether all the conditions imposed in the consent NOC are adhered to.
  • iv. SPCB NOC renewal is done only after satisfactory compliance with the conditions imposed in the previous consent NOC.

Cancellation of SPCB NOC

SPCB can cancel the NOC granted before the expiry of the period or refuse to renew the consent upon non-fulfilment of the conditions on which it was given. In such a case, a chance is given to the concerned facility before the cancellation of the SPCB authorisation.

Penalty for not obtaining SPCB CTE/CTO

If any facility is established and operated without obtaining SPCB NOC, the owner/s may face a penalty/ fine or imprisonment or both according to the norms of the Environment (Protection) Act, 1986.

Frequently Asked Questions

  • 1. What is the legislative framework associated with the SPCB NOC?

    Given below are the laws that govern the grant of SPCB NOC -

    • Water (Prevention & Control of Pollution) Cess Act, 1977
    • Air (Prevention and Control of Pollution) Act, 1981
    • Environmental Protection Act (EPA), 1986
    • Water (Prevention & Control of Pollution) Act, 1974
  • 2. What are the objectives of SPCB?

    The following are the objectives of the SPCB -

    • Promotion of sustainable development for economic growth of India and environmental protection and social equity
    • Preservation of natural resources
    • Effective waste management for the environmental protection
    • Spreading awareness about environmental protection among the consumers
    • Encouraging the general public to use environment-friendly items such as public transport, paper bags, CFL, etc., to help reduce the environmental pollution
  • 3. Who needs SPCB NOC?

    The following entities must obtain the SPCB NOC:

    • Healthcare establishments
    • Traders
    • Manufacturing entities
    • Solid Waste Management (SWM) facilities
    • Plastic Waste Management (PWM) facilities
    • E-waste Management (EWM) units
    • Entities involved in HWM, like Hazardous Waste Recycling
    • Battery Waste Management (BWM) entities
    • Bio-Medical Waste Management entities

Have any questions?

+91 73050 48930

Looking for a complete Environmental Licensing and compliance solution.