The Maharashtra Pollution Control Board (MPCB) plays a vital role in environmental protection across the state of Maharashtra. One of its key responsibilities is to regulate industrial operations through a structured Consent mechanism, which ensures that businesses do not operate at the expense of the environment. The MPCB Consent is mandatory for all industries, infrastructure projects, and commercial establishments before starting or continuing operations.
Understanding the categories of MPCB Consent is crucial for businesses to maintain compliance, avoid penalties, and operate sustainably. In this comprehensive guide, we outline the types of consents, their applicability, and how industries are classified based on pollution potential.
What is MPCB Consent?
MPCB Consent refers to the legal approval granted by the Maharashtra Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
Without this consent, no industrial or infrastructure project can begin operations in Maharashtra. The consent ensures that businesses adhere to pollution norms and install appropriate treatment or disposal mechanisms.
Main Categories of MPCB Consent
The MPCB issues two main types of consents:
1. Consent to Establish (CTE)
- Also known as “Consent under Section 25 of the Water Act and Section 21 of the Air Act.”
- Required before starting any construction or installation of plant and machinery.
- Ensures that pollution control measures are included in the project design.
2. Consent to Operate (CTO)
- Needed once the project is ready for operation.
- Granted only if the industry has successfully implemented the pollution control systems as promised in the CTE stage.
- Must be renewed periodically.
MPCB Consent Classification Based on Industry Type
To simplify the consent mechanism, the MPCB classifies industries into four categories based on the pollution load:
1. White Category (No Pollution / Negligible Pollution)
- Contains non-polluting or very low polluting industries.
- Examples: Assembling of toys, biscuit trays, organic manure production from dry waste.
- No Consent required, only intimation to MPCB.
- No renewal required, and no fees applicable.
2. Green Category (Low Pollution Potential)
- Involves small-scale industries with low emissions and waste.
- Examples: Dairy processing, food processing units, mineral water packaging.
- Requires Consent to Establish and Consent to Operate.
- CTO is granted for 5 to 10 years depending on industry type.
3. Orange Category (Medium Pollution Potential)
- Consists of industries with moderate pollution potential.
- Examples: Automobile servicing, packaging industries, textile manufacturing.
- Requires both CTE and CTO.
- CTO is granted for a period of 5 years, based on environmental compliance.
4. Red Category (High Pollution Potential)
- Includes industries with significant emissions, effluents, and hazardous waste.
- Examples: Chemical manufacturing, foundries, distilleries, large cement plants.
- These are subject to strict monitoring by the MPCB.
- Requires detailed pollution control mechanisms.
- CTO is generally issued for a period of 1 to 5 years depending on compliance history.
Documents Required for MPCB Consent
For both CTE and CTO, industries need to submit the following documents:
- Detailed project report.
- Site plan and layout.
- Manufacturing process flowchart.
- Environmental management plan.
- Details of pollution control equipment.
- NOC from local authorities (where applicable).
- Online application via MPCB’s e-Governance portal.
MPCB Consent Application Process
- Online Registration on MPCB Portal.
- Filing of Application for CTE or CTO depending on the business stage.
- Document Submission with correct details and pollution control measures.
- Payment of Fees based on investment and category.
- Inspection by MPCB Officers.
- Approval or Rejection along with reasons, usually within 60–120 days.
Validity of MPCB Consents
| Category | CTO Validity |
| White | Not Required |
| Green | 5–10 Years |
| Orange | 5 Years |
| Red | 1–5 Years |
CTE is generally valid for 3 to 5 years, depending on the nature of the project.
MPCB Fees Structure
Consent fees are calculated based on:
- Industry type (Red/Orange/Green)
- Capital investment
- Hazardous waste quantity
- Water consumption
White category industries are exempted from fees. Green, Orange, and Red categories have different slabs, with Red industries paying the highest fees.
Importance of MPCB Consent
- Ensures compliance with environmental laws.
- Prevents legal penalties and closure notices.
- Enhances brand image by promoting eco-friendly practices.
- Facilitates easy access to financial institutions and government approvals.
- Encourages sustainable industrial development.
Penalties for Non-Compliance
Operating without valid MPCB consent can lead to:
- Fines ranging from ₹10,000 to ₹1,00,000 per day.
- Closure orders by Pollution Control Board.
- Legal action under Water and Air Acts.
- Blacklisting and cancellation of licenses.
Frequently Asked Questions (FAQs)
1. What is the difference between Consent to Establish and Consent to Operate?
CTE is required before starting construction or installation, while CTO is mandatory before commencing operations.
2. Is MPCB Consent mandatory for all businesses?
Yes, all manufacturing, service, infrastructure, and commercial establishments must obtain MPCB consent based on their pollution category.
3. How do I check my industry category under MPCB?
MPCB has published a list of industries under White, Green, Orange, and Red categories on its official website. You can also check through your environmental consultant.
4. What is the validity of the Consent to Operate?
- Green: 5 to 10 years
- Orange: 5 years
- Red: 1 to 5 years
- White: Not applicable
5. Can I apply for MPCB Consent online?
Yes, the entire process is digitized through the MPCB e-Governance Portal for ease of access and transparency.
