New Rules on Chemically Contaminated Sites

Syllabus: GS3/ Environment

Context

• The Environment Ministry has notified the Environment Protection (Management of Contaminated Sites) Rules, 2025, that give a legal structure to a process of addressing chemical contamination.

What are contaminated sites?

• According to the Central Pollution Control Board, Contaminated sites are those where hazardous and other wastes were dumped historically, leading to the contamination of soil, groundwater, and surface water.
• These sites include landfills, dumps, waste storage and treatment facilities, spill sites, and chemical waste handling areas.
• There are 103 such sites identified across India. Remedial action started in only 7 sites using technologies for soil, water, and sediment clean-up.

Need for the rules

• The Environment Ministry in 2010, initiated a Capacity Building Program for Industrial Pollution Management Project to formulate the National Program for Remediation of Polluted Sites. This had three objectives:
  • Creating an inventory of probable contaminated sites; 
  • Developing a guidance document for assessment and remediation of contaminated sites; and 
  • Developing a legal, institutional and financial framework for the remediation of contaminated sites. 
• While the first two steps have been in place, the last step, regarding a legal codification, remained unfulfilled. 

What are the rules?

• Initial Assessment: The district administration would prepare half-yearly reports on “suspected contaminated sites.” 
• State Pollution Control Board (SPCB), or a ‘reference organisation’ would examine these sites and provide a “preliminary assessment” within 90 days after receiving information from the district.
  • Following these, it would have another three months to make a detailed survey and finalise if these sites were indeed ‘contaminated’.
  • This would involve establishing the levels of suspected hazardous chemicals. There are currently 189 marked ones under the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. 
• Public Notification: If these sites exceed safe levels, the location of these sites would be publicised and restrictions placed on accessing it. 
• Remediation: The reference organisation would be tasked with specifying a remediation plan.
  • The State board would also have 90 days to identify the person responsible for the contamination. 
• Polluter Pays Principle: Those deemed responsible would have to pay for the cost of remediation of the site, else the Centre and the State 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 be under the provisions of the Bharatiya Nyaya Sanhita (2023).

Exemptions to the rules

• Radioactive waste, defined under the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987,
• Mining operations, defined under the Mines and Minerals (Development and Regulation) Act, 1957, 
• Marine pollution from oil or oily substances, as governed by the Merchant Shipping Act, 1958 and the Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules, 1974,
• Solid waste from dump sites, defined under the Solid Waste Management Rules, 2016. 

Limitations of the rules

• No fixed timeline for completion of remediation once a site is confirmed contaminated.
• Several major sources of contamination are outside the scope of these rules.
• Implementation capacity, especially technical expertise and funding, remains a challenge for many States.

Way Ahead

• Dedicated Remediation Fund: Create a national Contaminated Site Remediation Fund financed through environmental cess and penalties.
• Public Participation: Involve local communities in monitoring and reporting, ensuring transparency.
• Land Use Planning: After remediation, promote safe reuse of land for non-sensitive activities like renewable energy parks.

Source: TH