Pollution NOC (Consent to Establish/Operate) — State Pollution Control Boards
A pollution NOC is the consent your State Pollution Control Board grants under the Water Act, 1974 and the Air Act, 1981: Consent to Establish before you build, and Consent to Operate before you start production. Your industry’s red, orange, green or white category decides what you need. We prepare the application, file it on the board’s portal and follow it through.
What it is
“Pollution NOC” is the everyday name for two consents. Consent to Establish (CTE) is permission to set up a unit at a chosen site. Consent to Operate (CTO) is permission to run it once it is built and the pollution controls are in place. In a Union Territory the Pollution Control Committee plays the role of the state board.
The legal base is Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. Both need the board’s previous consent before you establish or operate. Each board runs its own online system and its own fee schedule. For units in Faridabad, Gurugram or anywhere else in Haryana, see our page on HSPCB consent to establish and operate, which covers the state’s OCMMS portal and its self-declaration route for green units.
Who it applies to
New factories and plants
Any industry, operation or process likely to discharge trade effluent or sewage, or emit air pollutants, needs CTE before construction and CTO before production.
Expansions and changes
Adding capacity, a new product or a new outlet counts as a fresh step. Section 25 of the Water Act covers extensions and new discharges too. A Faridabad auto-parts unit adding an electroplating line, for example, needs fresh consent before the new line runs.
Non-industrial projects
Hotels, hospitals, large buildings and similar projects can fall in a category as well, depending on the state’s list.
The four categories
CPCB groups industries by a pollution index (PI) score from 0 to 100. The category drives what you file and how closely the board watches you.
| Category | Pollution index | What it means for consent |
|---|---|---|
| Red | 60 and above | Full CTE and CTO; closest scrutiny |
| Orange | 41 to 59 | CTE and CTO |
| Green | 21 to 40 | CTE and CTO, with lighter procedures in many states |
| White | Up to 20 | No CTE or CTO; intimation to the board |
States publish their own sector lists on top of CPCB’s. Haryana, for example, added sectors to its lists in February 2024. So check the state list, not just the national one.
Why it matters
Other approvals depend on it
Banks, industrial estate authorities and large buyers often ask to see valid consent. It also sits in the same file as your factory licence and other plant approvals.
CTO now lasts until cancelled
Under the Uniform Consent Guidelines as amended in January 2026, a CTO once granted stays valid until it is cancelled. States may charge a one-time CTO fee covering 5 to 25 years.
The board can shut you down
Section 31A of the Air Act and Section 33A of the Water Act let the board order closure and the stoppage of electricity, water or other services.
Documents required
About the unit
- Registration of the business (company, LLP or firm) and PAN
- Ownership deed or lease of the site
- Site plan and layout showing outlets and stacks
- CA certificate of capital investment, where the board asks for it
About the process
- Project report with products, raw materials and capacity
- Process flow chart
- Water source and consumption; effluent quantity and treatment
- Fuel, boilers, DG sets and emission controls
Technical and legal
- Hazardous waste details, if any
- Analysis reports from an accredited laboratory, where required
- Previous CTE, for a CTO application
- Authorised signatory’s details
How it works
Find your category and state rules
We match your activity to the CPCB and state lists and check siting rules for your location. Here is the catch: the category is decided by the process, not the product name, so two units making the same item can land in different categories.
Collect documents and technical inputs
We assemble the legal papers. Engineering drawings, treatment design and lab reports come from your consultant or an accredited lab; we do not prepare those.
Apply for Consent to Establish
We file on the board’s portal, pay the fee and answer queries. Where the state allows a common application, consents and waste authorisations go together.
Apply for Consent to Operate
Once the unit and its controls are ready, we file for CTO and coordinate the inspection or third-party audit. In practice, start this a few weeks before trial production, not after.
Keep the consent clean
We track conditions, returns and changes in capacity so the consent stays valid.
Timelines
Four-month deemed consent
Under Section 25(7) of the Water Act, if the board does not decide a complete application within four months, consent is deemed granted.
Red category in 90 days
The January 2026 amendment cut the processing time for red category consents from 120 days to 90 days.
Deemed CTE for small units
Micro and small enterprises in notified industrial estates get CTE deemed granted on a self-certified application. Keep your Udyam registration ready to show you qualify.
What happens if you operate without consent
Penalty under the Air Act
Section 37, as amended by the Jan Vishwas Act and in force from 1 April 2024, carries a penalty of at least ₹10,000, which can go up to ₹15 lakh.
Water Act consequences
The Water Amendment Act, 2024 sets penalties of ₹10,000 to ₹15 lakh in states that have adopted it. Elsewhere the older provisions apply.
Closure and disconnection
The board can order closure and cut electricity and water under Section 31A of the Air Act and Section 33A of the Water Act.
Frequently asked questions
What is the difference between CTE and CTO?
CTE is permission to set up; CTO is permission to run. You apply for Consent to Establish before construction or installing machinery, under Section 25 of the Water Act and Section 21 of the Air Act. Consent to Operate comes after the unit and its pollution controls are ready, before production starts. Most units need both, filed one after the other, and we handle both stages.
Does a white category unit need a pollution NOC?
No. White category industries, with a pollution index up to 20, do not need CTE or CTO. MoEFCC notifications announced on 14 November 2024 exempted them under both the Water and Air Acts. Where a state asks for a simple intimation, we file that for you. Check that your activity is genuinely on the white list, and you are set.
How long is a Consent to Operate valid?
Under the Uniform Consent Guidelines as amended on 28 January 2026, a CTO once granted stays valid until it is cancelled. States may prescribe a one-time CTO fee covering 5 to 25 years. The board can still cancel consent for violations. Older consents issued for fixed periods follow the state’s transition rules, which we can check for you.
How long does the board take to decide?
For red category units, the January 2026 amendment set 90 days, down from 120. Under Section 25(7) of the Water Act, a complete application not decided within four months is deemed granted. In practice, the clock runs only once the application is complete. Filing every document the first time is the surest way to keep the timeline short.
Do I need a separate CTE if I already have Environmental Clearance?
No. Since the MoEFCC notifications of November 2024, an industry that has obtained Environmental Clearance does not need a separate CTE. The state board is consulted during the EC process, and the CTE fee is still payable so states lose no revenue. You will still need CTO before starting operations, which we can file for you.
Which board do I apply to?
You apply to the State Pollution Control Board of the state where the unit is located, or the Pollution Control Committee in a Union Territory. A unit in Faridabad or Gurugram applies to HSPCB through its OCMMS portal; a unit in Delhi applies to the Delhi Pollution Control Committee. If you have plants in two states, each needs its own consent.
Can small units get consent faster?
Yes. Under the January 2026 amendment, micro and small enterprises in notified industrial estates get CTE deemed granted on submitting a self-certified application. Some states go further: Haryana, for applications from 15 November 2025, grants the first CTO to green category MSMEs on self-declaration. Honest declarations matter, because consent can be revoked if they prove false.
What is the penalty for running a unit without consent?
Under Section 37 of the Air Act, as amended from 1 April 2024, the penalty is at least ₹10,000 and can reach ₹15 lakh. The Water Amendment Act, 2024 sets a similar ₹10,000 to ₹15 lakh range in states that adopt it. The board can also order closure and disconnection. Applying now, even late, is the quickest way back to compliance.
Do you prepare the technical reports?
No. Effluent and emission analysis is done by accredited laboratories, and treatment plant design by environmental engineers or consultants. Inspections and audits are carried out by the board or registered environmental auditors. We handle the application, documents, portal filing, liaison with the board and ongoing compliance. We can coordinate with your consultant so the file reaches the board complete.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Consent fees are set by each state board under its own fee schedule, so the figure depends on where your unit is. Under the January 2026 amendment, states may also offer a one-time CTO fee covering 5 to 25 years.
Ready to begin?
Tell us what you make, where the unit is and how far along construction is, and we will map your category and file the right consent.