Pollution Board consent
Consent to Establish and to Operate, under the Water and Air Acts.
- Whose rules these are
- Karnataka State Pollution Control Board, under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
- When you need it — water
- Anyone proposing to establish an industrial plant, process, or treatment or disposal system — or to expand one — likely to discharge sewage or trade effluent into a stream, well, sewer or onto land needs the Board's consent.
- When you need it — air
- The whole of Karnataka is an air pollution control area, so an industrial plant within it needs the Board's prior consent before emitting air pollutants beyond the prescribed standards.
- Two consents, not one
- Consent to Establish comes first, before anything is built. Consent to Operate comes before the plant runs, and is renewed. Expansion needs its own consent.
- Applying
- The Board takes applications through its XGN portal, which also publishes a register of the consent orders it has issued.
If you are White category, none of this applies
A White category industry is outside the consent mechanism altogether — the Board's own list says so in terms. Not a shorter validity or a smaller fee: no Consent to Establish and no Consent to Operate. White is also exempt from hazardous-waste authorisation. The current Red, Orange, Green and White lists are per the Board's notification of 27 July 2020.
What consent costs
- Under the Water Act
- Rule 32(2), Table I(a) of the Karnataka Water Rules, 1976, as substituted by Notification No. FEE 251 EPC 2016 (i) of 22 October 2021.
- Under the Air Act
- Rule 20(1), Table I(a) of the Karnataka Air Rules, 1983, as substituted by Notification No. FEE 251 EPC 2016 (ii) of the same date.
- Where both are printed
- Both are printed in the Karnataka Gazette, Volume 156, Issue 169, of 26 October 2021.
- Not the 1998 notification
- Not notification FEE 115 ENV 95(P) of 19 February 1998, which is what the Board's own 2019 validity notification still points at for fees. That one is superseded.
- The two tables agree
- The two tables are identical, band for band. Which matters because of who pays twice — see below.
- Who pays under both Acts
- A Red Category industry covered by the EIA notification applies in both Form-1 and Form-XIII and pays a consent fee under EACH Act. Everyone else pays one. An EIA project needing a public hearing pays a further 10 per cent towards paper notification.
Consent fee per year, by capital investment — the same table under each Act, covering Consent to Establish, consent to expansion and Consent to Operate alike.
- ₹1 lakh and below
- ₹400
- Over ₹1 lakh, below ₹5 lakh
- ₹1,000
- Over ₹5 lakh to ₹10 lakh
- ₹3,000
- Over ₹10 lakh to ₹25 lakh
- ₹4,000
- Over ₹25 lakh to ₹50 lakh
- ₹6,000
- Over ₹50 lakh to ₹1 crore
- ₹12,000
- Over ₹1 crore to ₹5 crore
- ₹30,000
- Over ₹5 crore to ₹10 crore
- ₹40,000
- Over ₹10 crore to ₹25 crore
- ₹60,000
- Over ₹25 crore to ₹50 crore
- ₹1,00,000
- Over ₹50 crore to ₹100 crore
- ₹1,50,000
- Over ₹100 crore to ₹250 crore
- ₹2,50,000
- Over ₹250 crore to ₹500 crore
- ₹4,00,000
- Over ₹500 crore to ₹1,000 crore
- ₹7,00,000
- Over ₹1,000 crore to ₹2,500 crore
- ₹10,00,000
- Over ₹2,500 crore
- ₹12,50,000
Paid online through the payment gateway, or by NEFT or RTGS for government bodies and PSUs.
The bands above are read from the Board's own consent-fee page rather than only from the gazette scan, because that scan is four pages and its Air table stops at the fourteenth band. The two agree everywhere they overlap; the page is simply the more complete copy, which is the reverse of the usual assumption and is said here so it can be checked.
How long a consent lasts
Consent to Operate. Resolved at the Board's 224th meeting of 10 May 2019, adopting the Central Board's recommendation.
- Red — large, medium or small
- 5 years
- Red — micro, under ₹25 lakh
- 5 years, on one year's fee
- Orange — large, medium or small
- 10 years
- Orange — micro
- 10 years, on one year's fee
- Green — large or medium
- 15 years, on ten years' fees
- Green — small
- 15 years, on one year's fee
- Green — micro
- One-time permanent consent
The validity and the number of years' fees charged are deliberately different figures in the Board's own table; they are not a transcription slip.
- Consent to Establish — EIA projects
- For an EIA project, the Consent to Establish runs coterminous with the environmental clearance issued by MOEF or SEIAA.
- Consent to Establish — everything else
- For a non-EIA project it is five years, irrespective of category.
- Asking for more time
- The file is closed unless the proponent asks for an extension by letter forty-five days before expiry, giving reasons. It replaced an older structure of five years for EIA projects and three, two and two years for Red, Orange and Green.
- What that rests on
- Office Memorandum No. PCB/68-COC/2011-12/694 of 25 May 2011.
The other fee schedules
The same letter means different things under the two Acts, so each is named here with its Act.
- Air Act, Table I(b)
- Infrastructure projects — integrated projects, commercial and office complexes and education institutions — charged on D.G. set KVA rating.
- Air Act, Table I(c)
- Crushing and allied activities: stone crusher ₹25,000, M-sand ₹1,00,000, hot mix plant ₹25,000 a year. A separate DG-set consent fee runs under G.O. No. FEE 100 ECO 2000.
- Water Act, Table I(b)
- Coffee pulping units, charged per pulper per year by type.
- Water Act, Tables I(c), I(d) and I(e)
- Apartments, layouts, townships, complexes, institutions and local bodies, charged by sewage treatment plant capacity and by the tier of local body. Not a factory matter, named here so a reader who lands on them knows why they do not apply.
Where this meets the factory rules
Rule 3(2)(c) of the Karnataka Factories Rules requires a certificate from this Board with an application to approve a factory site, building or extension — but only for a factory engaged in hazardous processes. That is the whole of the difference between the hazardous and non-hazardous tracks of building plan approval.
Factory licence and building plan approval
Would you rather we did this?
You can ask us to take it on. A person picks the request up, prepares it and files it by hand — nothing on this site is submitted to any department automatically, and we tell you where it has got to.
What to have ready
- Details of the proposed pollution control measures — ETP, STP or air pollution control — with design details
- Land or premises documents: rent or lease agreement, a KIADB or KSSIDC allotment letter for an industrial area, or SEZ papers where they apply
- Site, location and layout plan covering roughly a 100-metre radius
- Project report giving the location, extent of land, water source, raw materials, products and by-products, water consumption, waste water generation and control measures with design parameters
- Manufacturing process write-up and flow chart
- Copy of the proprietorship, partnership or company deed
- Layout plan marking the manufacturing area, the ETP, APC and STP, and the solid and hazardous waste storage and collection points
- Hazardous waste generation, collection, storage and disposal details
- For mining: the IBM-approved mining plan and the lease copy from the Department of Mines and Geology
- Forest clearance, where it applies
- SSI certificate, where it applies
Karnataka State Pollution Control Board, its published checklist for CFE / CFO / HWM / PWM / EWM.
- Who decides
- Karnataka State Pollution Control Board
- How long it takes
- Consent to Establish runs with the environmental clearance for an EIA project, otherwise five years. Consent to Operate runs five, ten or fifteen years by category.