Designed by Sandeep Sharma
 
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Procedure for obtaining
Consent to Establish under Water Act, 1974 & Air Act, 1981.


Consent to Establish for new units

1. The new industrial units/projects falling under Red, Orange and Green Categories listed as Annexure-I, Annexure-II & Annexure-III respectively, have been covered under Consent Management for obtaining prior Consent to Establish (CTE) under Water (Prevention and Control of Pollution)Act, 1974 and Air (Prevention and Control of Pollution)Act, 1981.

2. The industrial units/projects failing under white Category as per Annexure-IV, are exempted from Consent Management for obtaining CTE under Water Act, 1974 and Air Act, 1981 and there is no necessity for obtaining the CTE by the industries covered under white category and other units not covered under Red, Orange and Green category and intimation to the Board in this regard shall suffice.

3. The new units requiring CTE, shall apply for the same on the on-line portal of the HEPC i.e. http://investharyana.in alongwith all documents applicable for respective industrial units/ projects mentioned in the checklist given at Annexure-V alongwith performance security as per the slab given at Annexure-VI and requisite NOC/CTE fee as prescribed by the Board to be deposited through online payment gateway of the HEPC, as per fees schedule available on the website of the Board i.e. www.hspcb.gov.in

4. The CTE applications for the projects/industries having investment more than Rs. 10 crore and involving CLU cases of more than 1 acre land, submitted on the portal of HEPC, are marked to the Nodal Officer deputed by the Board with HEPC for processing and deciding the same as per procedure laid down by the Board.

     After scrutiny, CTE is granted by the Nodal Officer under his digital signature if the application is found complete but show cause notice for refusal of CTE is issued for 15 days if the application is found incomplete.

     Reply of show cause notice submitted by units is examined and if the unit submits the satisfactory compliance report for the shortcomings conveyed through show cause notice, then the CTE is granted by the Nodal Officer.

     If the reply of show cause notice submitted by the unit is not found satisfactory or the unit fails to submit the reply of show cause notice, then the CTE is refused by the Nodal Officer.

5. The CTE applications for the projects/industries having investment upto Rs. 10 crore and change of land use (CLU) cases upto 1 acre in confirming zones, which are submitted on the portal of HEPC, are marked at the level of DLCC to the concerned Regional Officers for processing and deciding the same as per procedure laid down by the Board who further mark the same to the concerned field officer for scrutiny and recommendation.

     After scrutiny, the field officer submit the proposal to for Regional Officer for grant if the application is found complete and for issue of show cause notice for refusal of CTE for 15 days if the application is found incomplete.

     Reply of show cause notice submitted by units is examined at the level of field officer.

     If the unit submits the satisfactory compliance report for the shortcomings conveyed through show cause notice, then the field officer recommend the case for grant of CTE.

     If the reply of show cause notice submitted by the unit is not found satisfactory or the unit fails to submit the reply of show cause notice, then the case is recommended by field officer to Regional Officer for refusal of the same.

     The CTE is granted or refused by Regional Officer based upon recommendation of field officer and issued online to the unit under the digital signatures of the Regional Officer.

6. Instructions already issued vide order dated 02.03.2016 for clearances of CTE applications within 30 days if the application is complete and within 60 days if the application received is incomplete.

7. No inspection is required for the purpose of dealing the cases of CTE unless any violation come to the notice of the Board.

8. The validity period of CTE so granted will be as under:-

(i). The CTE for the projects requiring Environmental Clearance, shall be granted for a period upto 07 years subject to the validity of Environmental Clearance or the date of commissioning of the project, whichever is earlier.

(ii). The CTE, for the projects not requiring Environmental Clearance, shall be granted for a period upto 05 years including stone crushers, hot mix plants, screening plants, brick kilns etc. or the date of commissioning of the project, whichever is earlier.


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