A banquet hall opens in October and is sealed in March after a neighbour complains about the generator. A small unit commits to its machinery in June and discovers in August that consent to establish was meant to come before the order, not after it. A clinic runs for three years without a bio-medical waste authorisation because nobody ever told the doctor one existed. None of these people set out to pollute anything; all of them assumed a pollution NOC was a factory’s problem. It is not. The Board’s consent is two documents rather than one, it has to be taken in a particular order, and everything about how hard it will be is decided by which category your activity falls into. This guide sets out what the two consents are, who needs them, what the application really contains, what rides alongside — hazardous, bio-medical, plastic and electronic waste — and what follows a breach, from a show-cause notice to a direction to cut off the electricity.
Three statutes and a body of rules do all the work here, and it is worth knowing which is which because the words on your notice will come from one of them.
The water pollution statute of 1974 and the air pollution statute of 1981 are the source of consent. Each provides that a person must not, without the previous consent of the State Board, establish or take any steps to establish an industry, operation or process that is likely to discharge into a stream or well or to emit into the atmosphere, and must not operate it without consent. Each also empowers the Board to grant consent subject to conditions, to refuse it for reasons recorded, and to issue directions.
The environment protection law of 1986 is the umbrella under which the central government makes rules, and it is those rules that create the separate authorisations and registrations for particular waste streams. Alongside them sits the environmental tribunal established in 2010, which hears appeals and applications in environmental matters.
These two get mixed up constantly and the confusion costs real money, so take them apart.
| Consent (CTE / CTO) | Environmental clearance | |
|---|---|---|
| Who grants it | The State Pollution Control Board | An appraisal authority at State or central level |
| Source | The water and air pollution statutes | Notification under the environment protection law |
| Who needs it | Activities in the Board’s category lists | Projects above the prescribed thresholds and in listed sectors |
| What it examines | Effluent, emissions, waste, control equipment | The project’s wider environmental effects |
| Renewal | Periodic, by category | Validity as granted, with compliance reporting |
The practical consequence is a sequencing one. A project that needs both generally cannot obtain consent to establish before the clearance position is settled, and a promoter who discovers the requirement after committing to the site has a very expensive problem. Find out at the feasibility stage whether your project crosses a clearance threshold, and if it is anywhere near one, have it assessed by somebody who does that work.
The mental model most people carry — chimneys, effluent drains, heavy industry — is two generations out of date. The Boards’ classification is a list of activities, and a great many ordinary businesses are on it.
That list is illustrative and not a substitute for the classification. The right question is never “is my kind of business covered?” but “which entry in the current list matches what I actually do?”
Activities are classified by pollution potential into four groups, published centrally and applied by each State Board. The category is the single most important fact about your application, because it decides the documentation, the level at which the file is decided, the validity of the consent and the inspection regime.
| Category | Broadly | What to expect |
|---|---|---|
| Red | Highest pollution potential | Fullest documentation, closest scrutiny, shortest validity, siting restrictions |
| Orange | Significant but moderate | Full application, control equipment, periodic renewal |
| Green | Low | Simpler application, longer validity in many States |
| White | Practically non-polluting | In many States an intimation rather than a consent |
Two cautions. The classification is revised, and activities have moved between categories; work from the current list rather than a printout. And a State may apply the framework with its own conditions, particularly on siting in residential or sensitive zones, so the State Board’s own position is what governs your file.
The least polluting group is treated lightly, and in many States a unit in it files an intimation rather than applying for consent. That is a genuine simplification and it is worth using.
It is not, however, an exemption from everything. A White-category unit still has to comply with the general obligations that apply to everybody — waste handling, noise rules, the conditions attached to its municipal licence, and whatever the rules require about the particular streams it generates. And the relief applies to the activity as classified; a unit that has quietly added a process is no longer doing what it filed for.
The practical advice is to keep the intimation, the acknowledgement and the supporting papers on file exactly as you would a consent. When an inspection or a complaint arrives, what protects you is being able to produce the document within a minute.
Consent to establish is a permission for a project as described, and the word “establish” is doing real work. The statutes speak of taking steps to establish, which is why the application belongs at the stage where the site is chosen and the process is designed — not after the shed is up.
What the Board examines is broadly this: the activity and its category; the location, land use and whether siting is permissible there; the raw materials, the process and the capacity; the water requirement and the effluent expected, with the treatment proposed; the emissions expected, with the control equipment proposed; the waste streams and how they will be handled; and the capital investment, which drives the fee.
It is granted with conditions, and those conditions are the specification for everything you build. Treat the consent to establish as a design document rather than a certificate, because at the next stage the Board will compare what exists against exactly what was promised here.
Where the premises are rented, get the owner’s letter right at this stage — our landlord NOC service and our landlord NOC guide deal with what it must say and, as importantly, what it must not.
Once the unit is built and the control systems are installed, the application for consent to operate goes in. An officer inspects, and the comparison is against the consent to establish: is the effluent treatment plant the one that was promised, is the stack where it was shown, is the waste storage area built, is the capacity what was declared.
The consent to operate is then granted for a period, with conditions that typically cover discharge and emission standards, monitoring and record keeping, the waste arrangements, and reporting to the Board. Those conditions are enforceable and they are what an inspection two years later will be measured against.
The commonest reason for trouble at this stage is a gap between the file and the site: equipment that was proposed but not installed, a capacity quietly increased, a product added, a generator brought in that nobody mentioned. Close those gaps before the inspection rather than explaining them during it.
The other approvals in that list are a reminder that these files talk to each other. Our trade licence, factory licence, shop and establishment and fire NOC services cover the rest of the set, and our business licences guide explains the order to take them in.
The statutes speak of the occupier — the person who has control over the affairs of the factory or premises, which in the case of a company means the person in ultimate control. That word decides whose name appears on the consent, who signs the undertakings, and who receives the notice when something goes wrong.
Families and small companies often put a convenient name on the application: a relative, a junior partner, somebody who happened to be available. That person is then the occupier on the Board’s record, with the obligations and the exposure that go with it, sometimes years after he has left the business.
Get it right at the start and keep it current. Where control changes — a partner retires, a director is replaced, a proprietorship becomes a company — tell the Board and have the record amended. It is a short application, and the alternative is a show-cause notice addressed to somebody who no longer has the power to answer it.
A consent is refused on siting more often than on technology, and siting cannot be fixed by spending money on equipment. Three things decide it: the land use permitted at the location, the Board’s own siting criteria for that category, and whatever the State prohibits in particular zones.
Higher-category activities are commonly kept out of residential areas altogether and pushed to notified industrial areas, and States maintain restrictions around water bodies, around habitation, and in ecologically sensitive or critically polluted areas where new units of certain kinds may not be permitted at all. Cities also prohibit particular activities inside municipal limits.
The enquiry costs a couple of days and is the cheapest in the whole project: what is the recorded land use, which category is the activity, and does the Board permit that category at that location. Take premises before asking, and you may have signed a lease for a site that can never be consented. Our construction NOC guide covers the land-use and building side of the same question.
A consent runs for a stated period and then stops. The period differs by category and by State, and several States have lengthened it for the less polluting categories to reduce the renewal burden, so the only reliable answer is the date printed on your own consent.
Apply for renewal in good time. Operating on a lapsed consent is treated as operating without one, which converts a paperwork lapse into a breach of the statute, with the directions and compensation that can follow. Boards generally expect the renewal application before expiry, with the compliance record and the latest analysis reports.
The practical fix is dull and effective: put the expiry date of every approval the business holds — consent, licences, authorisations, registrations — on one sheet with a reminder three months ahead. Most of the emergencies in this area are calendar failures rather than environmental ones.
A consent is granted for what was disclosed: this activity, this capacity, these raw materials, these products, this equipment. Change any of them materially and the consent no longer covers what you are doing.
The usual triggers are an increase in production capacity, a new product or by-product, a change of raw material or fuel, additional machinery, a new generator, an increase in water consumption, or the addition of a process step. Each of those calls for an amended or fresh consent, and the application is far simpler before the change than after.
Two things go wrong here. The first is a unit that expands quietly and is found out at a renewal, where the declared capacity and the electricity consumption tell different stories. The second is a unit that expands honestly but forgets that the expansion may itself cross a threshold — for a clearance, for a factory licence, for a higher fee slab. Check the consequences of the change before making it.
A consent belongs to the unit at that premises in the name of the occupier disclosed to the Board. It does not travel with the business automatically when the business changes hands.
Boards provide for transfer of a consent, or for a fresh application in the new name, and the procedure differs between them. Whichever route applies, it should be part of the transaction rather than an afterthought: the buyer wants the consent live in his name from the date of takeover, and the seller wants to stop being the person on the Board’s records for a unit he no longer controls.
For a buyer, the due diligence is straightforward and rarely done. Ask for the current consent and its conditions, the last renewal, the analysis reports, every show-cause notice or direction received in recent years, any environmental compensation demanded, and the waste authorisations. A unit with an adverse history carries that history into the new ownership, and the price should reflect it. Where warranties are needed in the purchase documents, our agreement drafting service covers them.
Consent is not the whole of it. Rules made under the environment protection law create separate authorisations and registrations for particular waste streams, administered largely by the same Boards, and a unit can hold a valid consent and still be in breach of these.
| Stream | Who it catches | What is required |
|---|---|---|
| Hazardous and other waste | Units generating, handling, storing or recycling listed wastes | Authorisation; record keeping; transport documentation; authorised disposal |
| Bio-medical waste | Hospitals, clinics, laboratories, blood banks, veterinary units | Authorisation; segregation; tie-up with a treatment facility; annual reporting |
| Plastic waste | Producers, importers and brand owners; some users | Producer responsibility registration and targets |
| Electronic waste | Producers, refurbishers, dismantlers, recyclers | Registration and collection targets |
| Battery waste | Producers, importers, recyclers | Registration and collection obligations |
| Solid waste and construction debris | Bulk generators and project sites | Segregation, handover to authorised agencies, site plans |
The rules in this table change more often than the consent regime does, and the reporting is increasingly online. Find out which of them touch your activity at the start; a unit that discovers a registration obligation two years in usually discovers it through a notice.
Extended producer responsibility catches a category of business that has never thought of itself as a polluter: the brand owner. If your name is on the packaging, you may carry obligations for that packaging even though somebody else made it and somebody else sold it.
The pattern across the plastic, electronic and battery rules is similar — registration on a central portal, declaration of quantities placed on the market, targets for collection and recycling, purchase of certificates from authorised recyclers, and periodic returns. Importers and online sellers are squarely inside it.
Two practical points. The obligations are computed on what you place on the market, so the records that matter are commercial rather than environmental — purchase and sales data, packaging weights. And the portals reconcile filings against those of recyclers, so a return that does not match anything is noticed.
Healthcare is the sector most often caught unprepared, because a small clinic does not feel like a regulated facility. The bio-medical waste rules apply to occupiers of premises where healthcare activity is carried on, which includes a single-doctor clinic and a small diagnostic laboratory.
What is normally required is an authorisation, segregation of waste into the prescribed coloured streams at the point of generation, storage for no longer than permitted, handover to a common treatment facility under a written arrangement, records of quantities, training for staff, and annual reporting. Barcoding and online reporting have been introduced in many States.
Whether a consent is also needed depends on the activity and the State’s categorisation; larger hospitals with laundries, kitchens, generators and effluent treatment plants are in a different position from a consulting room. The point for every healthcare occupier is that the waste authorisation is not optional and not expensive, and its absence is exactly what an inspection finds.
Hospitality generates effluent from kitchens and laundries, emissions from generators and kitchen exhausts, noise from generators and functions, and solid waste in volume. All four are regulated, and all four generate neighbour complaints.
What Boards commonly look for is an effluent treatment or sewage treatment arrangement sized for the establishment, a grease trap for kitchen discharge, an acoustic enclosure and a stack of adequate height for the generator, a kitchen exhaust with control, and a waste segregation and handover arrangement. Banquet venues face noise limits and, in many cities, restrictions on the hours of amplified sound.
The commercial reality is that a single persistent neighbour can close a venue for a season. The units that survive that are the ones that have a consent, a visible waste arrangement, an enclosed generator and a record of having responded to the first complaint in writing.
Generator sets deserve a section of their own because they are the commonest single cause of an air or noise problem in an ordinary commercial building. The requirements attach to the set: emission norms for the engine, a stack of adequate height, an acoustic enclosure meeting the prescribed insertion loss, and siting that does not push exhaust into a neighbour’s window.
Boilers and furnaces bring their own regime, including approvals under the boiler law where applicable, fuel restrictions in many cities, and emission monitoring. Fuel is the point to watch: several States and cities restrict particular fuels outright, and a unit that installed equipment for a now-prohibited fuel has an expensive conversion ahead of it.
Before buying either, ask what the current norms and fuel restrictions are in that city. Equipment is chosen for ten years and the rules move faster than that.
The technical heart of a consent is four numbers and what you do about them: how much water you take, what you discharge, what you emit and how loud you are.
On water, Boards look at the source and the quantity, the split between process and domestic use, the effluent generated, and the treatment. Many States now push units towards reuse and, in some sectors, towards zero liquid discharge. Discharging untreated effluent into a drain, a stream or the ground is the classic breach and the one most easily proved.
On air, the questions are the sources, the control equipment, the stack heights and the monitoring. On noise, the rules prescribe limits by zone and by time of day, and generators and functions are the usual offenders. This page states no figures for any of these deliberately: the standards are prescribed, they differ by sector and by State, and they are revised. Your consultant computes them; what we do is make sure the file says the same thing the site does.
Consent fees are generally computed on the capital investment of the unit, on a scale the Board publishes, with separate scales for consent to establish, consent to operate and renewal, and different slabs by category. Some Boards also charge for authorisations and for amendments.
Because the scales differ by State and are revised, this page quotes none. What it does say is that the basis matters: capital investment is defined in the Board’s own scheme, and units routinely under-state or over-state it by misunderstanding what is included. Getting it wrong upwards costs money; getting it wrong downwards invites a demand later.
Keep the fee receipts with the consent. At renewal, at transfer and at any dispute, the payment record is part of the file.
Most Boards now operate an online consent management system: registration, application, document upload, fee payment, query and reply, and download of the consent, with status visible throughout. Several States have folded the Board into a single-window system for business approvals so that one application feeds several departments.
Three habits make these systems work for you. Upload documents in the format and size the portal specifies, because rejections at upload are invisible later. Answer queries on the portal rather than by visiting, so the reply is on the record with a date. And download and keep every acknowledgement the system generates, including the payment receipt.
Where a file sits without movement, the portal reference is what a reminder or a representation is built on, and where the Board is a public authority, an RTI application asking for the status and the reason for delay frequently produces movement.
The fire service runs a parallel inspection regime with its own certificate and its own consequences. Our fire NOC guide covers that side, including the recent Delhi amendments.
Consents carry conditions about monitoring, and Boards inspect. What an inspecting officer typically asks for is the consent and its conditions, the latest analysis reports, the log of the treatment plant, the waste records and manifests, the generator log, the electricity consumption, and the production figures — which are compared against the declared capacity.
Units in higher categories may be required to install continuous monitoring connected to the Board’s server, and where that is a condition, an instrument that is offline is itself a breach.
The best preparation is a single file, physical or digital, holding the consent, the conditions, the compliance status of each condition, the reports, the records and the correspondence. An occupier who can hand that over in one piece has a completely different inspection from one who spends an afternoon looking for a letter.
Where a Board finds a breach, the sequence is usually a show-cause notice, a reply, and then a decision. What follows can be severe: the statutes empower the Boards to issue directions, and those directions expressly extend to ordering the closure, prohibition or regulation of an industry, operation or process, and to the stoppage or regulation of supply of electricity, water or any other service.
Two practical points about a show-cause notice. The period given is short and it is not extended sympathetically, so the reply goes in within it, even if it has to ask for further time on stated grounds. And the reply is the document everything afterwards is built on — it should answer each allegation specifically, attach the evidence, and set out what has been done since.
A closure direction can be challenged, and units do get relief, but the machinery for that is an appeal and, where appropriate, the environmental tribunal. That is proceedings work and the time limits are short.
Alongside directions, authorities and the environmental tribunal impose environmental compensation: a monetary liability for pollution caused or for operating in breach, computed on published formulae in many cases, and resting on the settled principle that the polluter bears the cost of the damage and of restoration.
Two features surprise people. The amounts are calculated with reference to the scale of the unit and the duration of the breach, so a long period of unauthorised operation produces a figure far larger than the fee that was avoided. And compensation is separate from prosecution and from the directions — paying it does not close the other doors.
The lesson is not complicated. The cost of a consent is a fraction of the cost of not having one, and the cost of disclosing a lapse voluntarily is a fraction of the cost of being found.
Where a consent is refused, granted with conditions a unit cannot live with, or a direction is issued, the statutes provide an appeal to an appellate authority constituted by the State, within a prescribed period. Beyond that sits the environmental tribunal, which hears appeals and applications in environmental matters and has its own limitation periods.
The most common failure is not the merits but the clock: an appeal filed late is the commonest reason a good case never gets heard. Note the date of receipt of every order the day it arrives.
All of this is advocate’s work. What we do is the documentary groundwork — assembling the file, drafting the reply to a show-cause notice, preparing representations to the Board, and putting the compliance record in order so that the advocate is not building a case out of loose paper. Court and tribunal work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.
A business opening in a regulated sector faces a handful of approvals that interlock, and the order is not arbitrary. Land use first, because nothing else survives a wrong location. Then premises documents and the owner’s consent. Then consent to establish, before the plant is built. Then the building approvals and the fire clearance where the premises require them. Then the trade or factory licence. Then consent to operate. Then the sector-specific licence — food, drugs, weights and measures — and the tax and labour registrations.
That sequence is set out in full, with the traps at each step, in our business licences guide. This page assumes it and deals only with the Board’s part.
One recurring error deserves naming here. Several of these authorities ask to see the others’ approvals, and a business that applies everywhere at once ends up with four files each waiting for a document from the next. Sequence them.
A unit does not have to solve every problem alone, and the regulatory framework assumes it will not. Notified industrial areas frequently have a common effluent treatment plant, and units inside them discharge to it under an agreement and pay for the service instead of building a full treatment plant of their own. Hazardous waste goes to common treatment, storage and disposal facilities; bio-medical waste to common treatment facilities; e-waste and plastic waste to authorised recyclers.
Where such facilities exist, the Board expects to see the arrangement rather than an aspiration. That means a written agreement or membership, the facility’s own authorisation, and records of what was actually sent — quantities, dates, manifests. An agreement signed and never used is worse than none, because the records will not match it.
For a small unit this is usually the decisive commercial point. Locating inside an estate with a common facility can be the difference between a project that is viable and one that is not, and it is worth working out before the site is chosen rather than after.
Where a unit proposes to draw groundwater, the Board is not the only authority involved. Abstraction of groundwater for industrial and commercial use is regulated separately, with permission required from the groundwater authority and conditions attached about quantity, recharge and metering, and with restrictions in notified or over-exploited areas.
The rules here have been revised more than once and they differ between States, so the position must be checked for the district rather than assumed. What is constant is that a consent application declaring a water requirement will be read alongside the source of that water, and a unit that cannot show a lawful source has a gap in its file.
Where municipal supply is used, the sanctioned connection and its quantum are the documents to hold; our utility connection NOC guide deals with obtaining and transferring those connections and with the consents a supplier asks for.
Not every reader is building a plant. A two-person printing business, a small laundry, a clinic, a food stall scaling into a kitchen — for them the whole apparatus above is disproportionate, and there is a short path.
Find the activity in the current classification and note the category. If it is in the least polluting group and your State requires only an intimation, file that and keep the acknowledgement. If it falls in a higher group, apply for consent before starting, keep the equipment simple and exactly as declared, tie up the waste handover in writing, and keep one file with the consent, the fee receipt and the records. That is the whole of it.
What ruins small units is never the difficulty of the process; it is the decision to skip it. A consent obtained at the start costs a modest fee and a few weeks. The same unit found operating without one faces a closure direction, environmental compensation computed over the whole period, and a municipal licence that will not renew.
A unit that has to keep a consent alive usually has a fire safety certificate to keep alive as well, on a different cycle and with a different authority. Running both off one calendar is considerably easier than discovering each date separately — our fire NOC renewal guide sets out how that calendar is built.
Promoters budget for machinery and rent and forget that consent has both a money cost and a time cost, and the time cost is usually the larger of the two.
On money: the Board’s fee on the published scale, the consultant’s charges for the technical annexures, laboratory analysis, and — much the biggest item — the control equipment itself, which is dictated by the category and the process rather than by choice. On time: the category check and siting enquiry at the start, the Board’s decision on consent to establish before construction, and the inspection and consent to operate before revenue begins.
The sequencing consequence is the one that matters. Consent to operate stands between a finished plant and the first rupee of income, so every week lost in that window is a week of rent, salaries and interest with nothing coming in. Projects that treat the Board as a step in the schedule rather than a formality at the end finish sooner.
The banquet hall. Opened without consent because the owner was told it was a factory requirement. A neighbour’s complaint about the generator produced an inspection, a show-cause notice and a sealing. The unit was eventually reopened after an acoustic enclosure, a stack, a grease trap and a consent application — all of which would have cost a fraction, and no closure, if done in the first month.
The machinery ordered too early. A promoter committed to imported machinery and then applied for consent to establish, only to find the siting position at that location was against him for his category. The equipment sat in a warehouse for months. A category check and a land-use enquiry at the start would have cost two days.
The clinic that had never heard of it. A three-doctor clinic had operated for years with no bio-medical waste authorisation and an informal disposal arrangement. It applied, tied up with a common treatment facility, trained the staff and started the records. The authorisation was granted; the period of operation without one was dealt with separately, and far more gently than it would have been after a complaint.
Send what exists. Where the category or the siting is the real obstacle, you will hear that before an application fee is paid anywhere.
| Step | Usual time | What slows it |
|---|---|---|
| Fixing the category and checking siting | Days | Activities that straddle two entries |
| Assembling the consent-to-establish file | One to three weeks | Waiting for consultant annexures |
| Board’s decision on consent to establish | As the Board’s charter provides | Queries; category; site inspection |
| Building and installing the control systems | Project-dependent | Equipment delivery |
| Consent to operate after application | Weeks | Inspection scheduling; gaps against the CTE |
| Waste authorisations | Weeks | Tie-up agreements with treatment facilities |
| Producer responsibility registration | Weeks | Quantity data and portal reconciliation |
| Reply to a show-cause notice | Within the period given | Nothing — this one cannot slip |
Our own part — category, application, documents, coordination and follow-up — usually takes 30 – 60 days. What the Board takes after that is the Board’s, and we tell you honestly at the start where the pressure points are.
We do not understate a category, a capacity or a capital investment to reduce a fee or to avoid scrutiny, and we do not describe a process as something it is not. We do not prepare a file that shows equipment which is not installed. We do not back-date an application or a report. We do not prepare or pass on analysis reports we have not received from the laboratory that issued them. And we do not promise a consent, because it is not ours to give.
Where a unit cannot be consented at that location, or in that category, or without equipment the client is not willing to install, we say so on the first call. An honest no at the start is worth more than a file that collapses at the inspection.
Closure directions, appeals against refusals or conditions, proceedings before the environmental tribunal, prosecutions under the pollution statutes, and challenges to environmental compensation are all conducted by an advocate, and the limitation periods are short enough that the decision to engage one should be made the week the order arrives.
Our contribution is documentary: the applications, the annexure sets, the replies to notices, the representations, and the compliance file that any advocate will need. Court and tribunal work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it. Where none is engaged, the find an advocate pages can be filtered by city and by practice area, and you make the approach yourself.
Our Pollution NOC (CTE / CTO) service costs ₹9,999 and usually takes 30 – 60 days, depending on the category and the Board.
| Our work | Your benefit |
|---|---|
| The correct category entry established first | The whole file is built on the right footing |
| Siting and land use checked before anything is filed | No machinery ordered for a site that cannot be consented |
| Application and annexure set prepared in full | Fewer queries, fewer weeks lost |
| Premises and owner’s papers put in order | A routine cause of rejection removed |
| Your consultant’s technical annexures coordinated | One consistent file rather than three versions |
| Queries answered on the record, with dates | A trail that supports escalation |
| Reply to a show-cause notice drafted within the period | The single most important document in a dispute |
| A straight answer where consent is not achievable | Money spent on a workable plan, not a doomed one |
The figure is given to you before any work starts, and nothing is collected in advance. Government fees are paid to the Board as its schedule provides. Any appeal or tribunal proceedings are for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.
We establish exactly where your activity sits in the Board’s classification, check the siting, build the consent file so it is not returned, and keep the replies on the record — so the plant is designed once and consented once.
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