ENVIRONMENT PROTECTION (MANAGEMENT OF CONTAMINATED SITES) RULES,2025

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Source: The Herald

Context

The Environment Protection (Management of Contaminated Sites) Rules, 2025, have been issued by the Ministry of Environment under the Environment Protection Act. These guidelines establish a legal framework for dealing with chemical contamination at various sites across India.

Definition of Contaminated Sites

• According to CPCB (Central Pollution Control Board):
  Locations where hazardous and other wastes were historically dumped, resulting in contamination of soil, groundwater, and/or surface water.

Health and Environmental Risks

• Human Health Impact:
  Exposure to contaminants at these sites can cause:
  
  
• Cancer
  
  
• Organ damage (liver, kidney, nervous system)
  
  
• Reproductive and developmental disorders
  
  
• Environmental Impact:
  Contamination leads to:
  
  
• Loss of biodiversity
  
  
• Degradation of ecosystems
  
  
• Disruption of soil and water quality

Typical Examples of Contaminated Sites

• Old Landfills and Dumps:
  Abandoned or poorly managed sites where waste was dumped without proper treatment.
  
  
• Waste Storage and Treatment Sites:
  Areas used for storage or processing of hazardous and non-hazardous waste materials.
  
  
• Spill Sites:
  Locations affected by industrial accidents causing chemical or oil spills.
  
  
• Chemical Waste Handling/Storage Facilities:
  Facilities dealing with hazardous chemicals that may cause localized contamination due to leaks or improper disposal.

Need for Legal Framework

• Lack of Legal Structure:
  Earlier efforts focused on creating an inventory of contaminated sites and providing guidance for assessment and remediation.
  However, there was no enforceable legal framework to ensure cleanup or assign responsibility for pollution.
  
  
• Filling the Gap:
  The Environment Protection (Management of Contaminated Sites) Rules, 2025 address this deficiency by establishing a legal backing for managing contaminated lands.
  This framework ensures accountability and introduces clear procedures for site management, crucial for effective pollution control and environmental protection.

Assessment and Remediation Process

• Reporting and Initial Assessment:
  District administrations are mandated to submit half-yearly reports on suspected contaminated sites.
  State Pollution Control Boards or designated expert bodies must conduct preliminary assessments within 90 days of notification.
  
  
• Detailed Survey:
  Following preliminary assessment, a detailed survey is conducted within 3 months to confirm contamination levels and quantify hazardous chemicals.
  The rules apply to 189 hazardous chemicals previously identified under environmental regulations.
  
  
• Public Notification and Access Control:
  Once contamination is confirmed, the site must be publicly notified.
  Authorities may impose access restrictions to protect public health and safety.

Responsibility and Funding

• Remediation Plan:
  The expert body prepares a remediation plan tailored to each contaminated site.
  
  
• Identification of Polluters:
  Within 90 days, the State Pollution Board identifies the polluters responsible for contamination.
  
  
• Financial Liability:
  Identified polluters are legally obliged to bear remediation costs.
  If polluters are unable to pay, Central and State governments are responsible for funding cleanup activities.
  
  
• Criminal Liability:
  The rules impose criminal liability under the Bharatiya Nyaya Sanhita (2023) if contamination causes death or environmental damage.
  

Exemptions and Limitations

• Scope Exclusions:
  The rules exclude specific categories such as radioactive waste, mining pollution, marine oil pollution, and solid waste from dump sites, which fall under separate regulations.
  
  
• Lack of Strict Timelines:
  There is an absence of strict deadlines for the completion of remediation after site identification.
  This could hinder timely restoration and prolong environmental and public health risks.

Source: The Hindu