Consent to Establish / Operate (CTE / CTO) under the Water & Air Acts

Applies to

Any industry, operation or process likely to discharge sewage / trade effluent or emit air pollutants. Requires the State Pollution Control Board's prior consent — Consent to Establish (before setting up) and Consent to Operate (before running) — under Section 25 of the Water Act 1974 and Section 21 of the Air Act 1981.

Key points

• Water Act 1974 §25 — prior State Board consent to establish/operate any effluent-discharging industry or process.
• Air Act 1981 §21 — prior State Board consent to operate an industrial plant in an air-pollution-control area.
• Granted by State Pollution Control Boards; conditions and validity track the Red / Orange / Green / White category.
• 'CTE' and 'CTO' are administrative nomenclature; the underlying requirement is statutory consent.

Applicability triggers

• Industry / process likely to discharge sewage or trade effluent (Water Act §25)
• Operating an industrial plant in an air-pollution-control area (Air Act §21)

Practitioner questions

• What pollution category (Red / Orange / Green / White) is my unit, and what CTE/CTO validity and conditions follow?
• Do I need fresh consent for a capacity expansion or process change?

Sources

• Water Act 1974 (CPCB)
• Central Pollution Control Board