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Environment Protection (Management of Contaminated Sites) Rules, 2025

29 Jul 2025 GS 3 Environment
Environment Protection (Management of Contaminated Sites) Rules, 2025 Click to view full image

Under the Environment Protection Act, 1986

Background

  • Until now, no formal legal structure existed to deal with historically chemically contaminated sites.

  • Contaminated sites: Areas where hazardous waste or other waste was dumped prior to regulatory frameworks.

  • Many of these are legacy pollution sites where:

    • The polluter is untraceable or defunct, or

    • The remediation cost is beyond their capacity.

Definition of Contaminated Sites

According to Central Pollution Control Board (CPCB):

  • Sites historically affected by improper handling, storage, or disposal of hazardous wastes.

  • Examples:

    • Landfills, chemical spill sites

    • Waste storage & treatment areas

    • Abandoned industrial premises

Key Provisions of the Rules

  1. Identification Process

    • District Administration to submit half-yearly reports on suspected contaminated sites.

    • Within 90 days, State Pollution Control Board (SPCB) or a reference organisation must do a preliminary assessment.

    • Within 3 months, a detailed survey must confirm whether the site is actually contaminated.

  2. Remediation Framework

    • A Reference Organisation (expert body) will design a site-specific remediation plan.

    • SPCB will identify person(s) responsible within 90 days of confirmation.

    • Polluter Pays Principle:

      • If responsible person is identified, they must bear the cost of remediation.

      • If not feasible, Centre and State will share clean-up costs through a prescribed arrangement.

  3. Legal and Criminal Liability

    • If contamination causes loss of life or damage, liability will be assessed under:

      • Bharatiya Nyaya Sanhita (2023) – the new criminal code replacing IPC.

Current Status (2025)

  • 103 contaminated sites identified in India.

  • Remediation initiated in only 7 sites so far.

  • Majority remain untreated due to lack of legal backing until now.

Significance

  • Provides legal teeth to environmental remediation.

  • Brings accountability and operational clarity in identifying and rehabilitating toxic zones.

  • Critical for India’s commitments under:

    • Stockholm Convention (POPs)

    • Basel Convention (hazardous waste movement)

    • Sustainable Development Goals (esp. SDG 3 – Good Health, SDG 6 – Clean Water, SDG 15 – Life on Land)



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