Environment Protection (Management of Contaminated Sites) Rules, 2025

Context

• Notified under the Environment (Protection) Act, 1986.
• Aim: To regulate the identification, risk assessment, treatment, and remediation of sites contaminated by hazardous and toxic substances.

Applicability

These Rules shall not apply to a contaminated site affected by

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

But if the contamination of a site is due to a contaminant mixed with radioactive waste or mining operations or oil spill or solid waste from dump site, and if the contamination of the site due to the contaminant exceeds the limit of response level specified in these rules, then remediation of the site would be covered under these rules. 

Definitions(Terms Used in the rules)

• Under the Rules, a contaminated site has been defined as an area or a site affected with contaminants and declared as a contaminated site by the State Pollution Control Board (SPCB) / Pollution Control Committee (PCC), if the contaminant is found to be above the prescribed threshold levels after completion of the detailed site assessment.
• Environmental Relief Fund means a fund as established under section 7A of the Public Liability Insurance Act, 1991
• Contaminated Site: Contaminated Site means an area or a site affected with contaminants and declared as contaminated site under Rule 4(9) (Identification of contaminated sites)
• Probable Contaminated Site: Probable Contaminated Site is an area, whether or not delineated, where the presence of contaminants is observed on the basis of preliminary assessment after a site has been recognized as suspected contaminated site.
• Responsible Person: Responsible Person means any person(s) identified by State Board under Rule 5(2) (Remediation of the Contaminated Sites) on whom liability has been assigned for the contaminated site.
• A ‘reference organisation’ is basically a body of experts.It is an organisation with the qualifications & experience (as given in Schedule II) to work on contaminated sites.
  • These organisations help in site assessment, preparation of remediation plans, and execution of clean-up.
  • Reference Organisations are empanelled by the Central Pollution Control Board (CPCB).
• Screening level are concentrations of hazardous substances in soil and sediments, ground water and surface water as specified in the Schedule I, at or above which there may be a likely threat to human health or the environment
• Response level are concentrations of hazardous substances in soil and sediments at or above the limits specified in the Schedule I which there may be an imminent threat to human health or the environment
  • “Response Level” and “Screening Level” are quantitative thresholds derived from Schedule-I; their breach triggers distinct procedural consequences.
• State Board means the State Pollution Control Board or the Pollution Control Committee constituted under the Water (Prevention and Control of Pollution) Act, 1974 
• “Committee” means Central Remediation Committee constituted by the Central Government under the rules 

Identification of Contaminated Sites

• The local body or District Administration, on its own or on receipt of a complaint from the public, has been mandated to identify an area affected with contaminants
  • It has to list all such areas as suspected contaminated sites in its jurisdiction on centralised online portal.
• On receipt of a list of suspected contaminated sites, the State Board, on its own or through a reference organisation, undertake preliminary site assessment of the suspected contaminated site by sampling and analysis of the suspected contaminated site, within ninety days from the date of receipt of such list
•  On completion of the preliminary site assessment, the State Board may list the suspected contaminated site as probable contaminated site if the contaminant is found to be above the screening level or delist the site as investigated site if the contaminant is found to be below the screening level. 
• SPCB/PCC has been mandated to publish the list of contaminated sites on the centralised online portal inviting comments and suggestions from the stakeholders likely to be affected, within sixty days of such publication.
  • Upon receipt of the comments and suggestions from the stakeholders, SPCB/ PCC has been mandated to publish the final list of contaminated sites on the centralised online portal and publish a notice in this regard in two local newspapers having circulation in the area for the information of the general public and also indicating the precaution to be taken in this regard.

Remediation of the contaminated sites

• Once a site is declared contaminated, the State Board must, within ninety days, identify the Responsible Person and secure the preparation of a remediation plan. 
• If site transferred, transferee is treated as responsible
• Preparation of Remediation Plan
  • If responsible person identified:
    • The State Board will direct the responsible person to prepare a remediation plan and undertake remediation through a reference organisation as selected by the State Board and bear the expenses towards it(Within 6 Months of Direction)
    • The State Board will review and approve the remediation plan submitted by the responsible person within three months from the date of submission of remediation plan, and forward a copy thereof to the Central Board for information. 
    • After approval of the remediation plan by State Board, responsible person shall initiate the remediation of the contaminated site as per the remediation plan and furnish half-yearly progress report to the State Board with intimation to the Central Board till the completion of the remediation
  • If responsible person not found: The State Board shall, on its own or through the reference organisation, prepare a remediation plan within six months from the date of publication of the contaminated site  for undertaking remediation of the contaminated site either out of its own resources or through support from State Government or both and resources of Central Government
• The State Pollution Control Board, considering risks to human health and the environment, can issue a public notice to restrict or ban activities at a contaminated site during its clean-up. This may include stopping changes in land use, land ownership, or transfer of buildings/facilities on that land.

Verification of Remediation

Rule 6 institutes a layered verification architecture. 

• Upon completion of remediation, the State Board must transmit its report to the Central Board, which may commission an independent verification by an empanelled reference organisation. 
• The Central Remediation Committee reviews both reports and may direct supplementary remediation. 
• Only after the Committee’s endorsement does the State Board issue a Remediation Completion Order. 
• The responsible person is liable for all damages caused to the environment and human health or third party due to contamination of such sites

Functions of Central Board

Rule 11 codifies the Central Board’s obligations beyond portal administration: annual consolidated review reports, issuance of technical guidelines (subject to prior governmental sanction on compensation matters), and requisition of funds.

• The Central Board has been entrusted to develop a centralised online portal for monitoring and reporting of the provisions under the rules.
• The Central Board will also prepare a consolidated review report on management of contaminated sites and forward it to the Central Government, along with its recommendations, before the 30th day of September once in every year and publish it on the centralised online portal

Environmental Compensation

Rule 13 empowers the State Board—and in default, the Central Board—to impose environmental compensation. The quantum is to be guided by the “polluter pays” principle and the judicially recognised parameters of restitution and deterrence.

• The State Board can impose environmental compensation on any responsible person who does not comply to the provisions of these rules in undertaking the remediation or does not undertake the remediation under these rules in respect of a contaminated site and poses risks to human life and the environment contributing thereby to loss, damage or injury to environment or human health. 
  • In case, the State Board does not take action regarding imposition of environmental compensation in sixty days , the Central Board may impose environmental compensation on any person who does not comply to the provisions of these rules in undertaking the remediation or does not undertake the remediation under these rules in respect of a contaminated site and poses risks to human life and the environment contributing thereby to loss, damage or injury to environment or human health.
• Moreover, the Central and State Pollution Control Boards can enforce these rules through existing environmental laws, including the Environment (Protection) Act, 1986, and the Water and Air (Prevention and Control of Pollution) Acts of 1974 and 1981 respectively.

Funding for assessment and remediation

• Initial assessment costs may be covered by the Central Government from the Environmental Relief Fund under Public Liability Insurance Act, 1991 and also by the State Government.
• Cost-Sharing Ratio
  • North-Eastern & Himalayan States → Centre 90% : State 10%.
  • Other States → Centre 60% : State 40%.
  • Union Territories → 100% Central Govt.

• In case the responsible person is identified, the expenditure made by the Central Government and State Government for preliminary and detailed site assessment shall be recovered from the responsible person within three months.
• In case of orphan contaminated sites and sites under temporary possession of banks or judicial proceedings, SPCB/ PCC has been given the responsibility to prepare the remediation plan and conduct the remediation activities. The expenditure for remediation activities in this regard is to be met by the Central and State Government in the ratio and manner prescribed in the Rules.

Voluntary Remediation

Rule 12 introduces a dispensation for proactive landowners.

• A voluntary remediation proposal may be made for a site that:
  • Is not listed as a contaminated/probable contaminated site.
  • Is not under investigation for contamination under these Rules.
  • The proposer is technically and financially competent to handle remediation
• A voluntary remediation proposal  for review by the Committee must be accompanied by a preliminary assessment, inter se agreement among all owners and occupiers, proof of financial capacity and an undertaking of compliance. 

• Approval Process
  • The Central Remediation Committee may recommend approval to the Central Govt. if it is satisfied that
    • All owners/occupiers agree and accept the proposal.
    • Financial sufficiency is proven.
    • All persons agree to abide by Committee’s orders, directions & notices.
    • Proposal complies with provisions of these Rules.

• Safeguards
  • If proposer fails to comply with  any order or directive or notice of the Central Board or State Board or the Central Government or State Government or contravenes the provisions of these rules →
    • No refund of costs already incurred.
    • Committee may recommend to the Central Board or Central Government to take steps to enforce the orders as if there was no voluntary remediation proposal
  • Approval of voluntary remediation does not remove liability for:
    • Environmental damage,
    • Future violations