Syllabus:

GS3: Conservation, environmental pollution and degradation, environmental impact assessment  

Context: 

The Environment Ministry has notified new rules under the Environment Protection Act that offer legal framework for addressing sites with chemical contamination called the Environment Protection (Management of Contaminated Sites) Rules, 2025. 

More on the News 

• These rules establish a structured framework for identification, assessment and remediation of contaminated or polluted lands, while ensuring accountability through the application of the ‘Polluter Pay’ principle across the country.
• This rule aims to strengthen environmental governance and promote sustainable land management practices in the future.  

Contaminated Sites

• According to the Central Pollution Control Board, contaminated areas are those areas with historical dumping of hazardous waste, cause soil, groundwater, and surface water pollution.
• Sites include landfills, dumps, spill areas, and waste storage facilities.
• India has identified 103 such sites, however remediation has begun at only 7.

Key Provisions of the Environment Protection (Management of Contaminated Sites) Rules, 2025

Identification of the Sites: The local body or district administration, on its own or on receipt of a complaint from the public, shall identify an area affected with contaminants and list all such areas as suspected contaminated sites in its jurisdiction on a centralised online portal.

• District administration is required to report suspected sites biannually to the State Pollution Control Board (SPCB) and prepare half-yearly reports on "suspected contaminated sites."

State Boards or Reference Organisations: Must conduct preliminary assessment within 90 days of being informed and carry out a detailed survey within the next 3 months to confirm contamination.

Assessment: Involves checking if levels of 189 hazardous chemicals (as per Hazardous and Other Wastes Rules, 2016) exceed safe limits.

• The notification names 189 contaminants and their response level for agricultural, residential, commercial and industrial areas.

Cost Compensation and Liability: Those deemed responsible would have to pay for the cost of remediation of the site, or else the Centre and the State under a prescribed arrangement would arrange for the costs of clean-up. 

• Any criminal liability, if it is proved that such contamination caused loss of life or damage would fall under the provisions of the Bharatiya Nyaya Sanhita (2023).

Centralised online portal: The Central Board shall develop the centralised online portal for the purpose of reporting, monitoring of assessment of contamination and remediation of contaminated sites under these rules.

Exception: These rules do not cover contamination arising from radioactive waste, mining operations, marine oil pollution and solid waste dump sites, as these are regulated under separate legislation.

Significance of the Rules

• Legal and Policy Integration: Fills regulatory gaps while complementing existing environmental laws.
• Structured Mechanism: Establishes clear timelines and defined roles for all authorities and operationalizes ‘Polluter Pays’ principle.
• Accountability and Transparency: Ensures public reporting, regular updates, and polluter liability.

Sources:

https://www.thehindu.com/sci-tech/energy-and-environment/what-are-the-new-rules-on-chemically-contaminated-sites-explained/article69917568.ece#:~:text=Under%20these%20rules%2C%20the%20district,days%20of%20being%20thus%20informed.