The Ministry of Environment, Forest and Climate Change has officially notified the Environment Protection (Management of Contaminated Sites) Rules, 2025, marking a step towards addressing the risks posed by toxic and hazardous substances to human health and the environment. These rules establish a comprehensive framework for the identification, assessment, remediation, and financial management of contaminated sites across the country.
The notification follows the publication of the draft rules in August 2024, after which all objections and suggestions received from the public and stakeholders were duly considered by the Central Government. The rules, made under the Environment (Protection) Act, 1986, aim to create a structured and accountable system for environmental clean-up.
Key Provisions of the New Rules
1. Identification and Assessment of Contaminated Sites
Local bodies or District Administrations will identify areas suspected of contamination, either on their own or based on public complaints, and list them on a new centralized online portal.
The State Pollution Control Board (State Board), within 90 days of receiving the list, will conduct a preliminary assessment of suspected sites. If contaminants are found above a defined “screening level,” the site is reclassified as a “probable contaminated site.”
The State Board will then undertake a detailed site assessment of “probable contaminated sites.” If contaminants are found to be above a “response level,” the site is finally declared a “contaminated site.”
The State Board will publish the final list of contaminated sites on the online portal and in two local newspapers to inform the public and outline necessary precautions.
2. Remediation and Accountability:
The State Board will identify the “responsible person” for causing the contamination within 90 days of the site being declared contaminated. In case of a transferred site, the transferee will be held responsible.
The responsible person is directed to prepare a remediation plan within six months and submit it to the State Board for approval. This plan must include site-specific remediation levels, risk assessment methods, a timeframe for activities, and post-remediation monitoring.
For contaminated sites where no responsible person can be traced (“orphan sites”), the State Board will prepare a remediation plan and execute the activities using funds from both the Central and State Governments.
A responsible person’s liability for damages to the environment or human health is not exempted, even if the contamination occurred before these rules came into force or if the contaminants were not previously classified as hazardous substances.
3. Verification, Committees, and Funding:
After remediation is completed, the Central Board may appoint a reference organization to verify the activities. A Central Remediation Committee will review all reports and provide recommendations.
The Central Board will develop a centralized online portal for reporting, monitoring, and updating the status of all assessment and remediation activities, including the geo-tagging or geo-fencing of sites.
Funds for preliminary and detailed assessments may be provided from the Environmental Relief Fund. The financial contribution for these activities will be shared between the Central Government and State Governments in a specified ratio: 90:10 for North Eastern and Himalayan States, 60:40 for other States, and 100% from the Central Government for Union Territories. The Central Government may even provide the full funds upfront for urgent remediation and recover the state’s share later.
The Central Government will constitute a Central Remediation Committee, chaired by the Chairman of the Central Pollution Control Board (CPCB), to oversee the implementation of these rules. State-level committees will also be formed to manage timely execution.
4. Voluntary Remediation and Penalties:
A person may voluntarily propose remediation of a site that is not yet officially designated as contaminated, subject to approval by the Committee and proof of their capacity to pay.
The State Board has the power to impose environmental compensation on any responsible person who fails to comply with remediation directives. Inaction by the State Board for 60 days will allow the Central Board to step in and impose the compensation. The collected funds will be credited to the Environmental Relief Fund for the restoration of environmental damage.
These landmark rules establish a clear, structured, and financially backed process to address the legacy of contaminated sites in India, ensuring accountability and prioritizing the health of its citizens and the environment.