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The Government of India, through the Ministry of Environment, Forest and Climate Change (MoEFCC), has taken a landmark step toward formalising the management of chemically polluted land. The government notified the Environment Protection (Management of Contaminated Sites) Rules, 2025 under the Environment (Protection) Act, 1986, offering for the first time a legal framework to identify, assess, and remediate contaminated sites across the country.

Understanding Contaminated Sites

Contaminated sites refer to locations where hazardous chemicals or waste have been dumped historically, often prior to the existence of environmental regulation. These sites typically include:

• Abandoned industrial landfills
• Defunct chemical handling units
• Waste storage and spill zones

According to the Central Pollution Control Board (CPCB), 103 such sites have been identified across India, though remediation has been initiated in only 7. The lack of legal clarity and the inability to identify responsible parties have long hindered remediation efforts.

Salient Features of the 2025 Rules

The rules codify a five-step process that places the onus on local administrations and pollution control authorities to address environmental contamination:

• Identification & Reporting: District administrations must compile biannual reports of “suspected contaminated sites” and forward them to the State Pollution Control Boards (SPCBs) or a designated reference agency.
• Preliminary Assessment: Within 90 days, these agencies must assess the site for probable contamination.
• Detailed Site Survey: If contamination is suspected, a follow-up survey—within another 90 days—will test for any of the 189 hazardous chemicals notified under the Hazardous and Other Wastes Rules, 2016.
• Remediation Plan: A scientific reference organisation will draft a remediation strategy. The SPCB must identify the polluter within 90 days of confirming contamination.
• Cost Recovery & Liability: The principle of “polluter pays” is invoked. If the responsible party is untraceable or insolvent, costs will be shared equally by the Centre and State. Criminal liability for severe environmental damage will be addressed under the Bharatiya Nyaya Sanhita, 2023.

Exclusions and Scope Clarity

To prevent regulatory overlap, certain domains remain outside the ambit of these rules:

• Radioactive waste (Atomic Energy Act)
• Mining-related contamination
• Marine oil pollution
• Municipal solid waste landfills

These exclusions ensure that domain-specific legislation governs complex or hazardous waste streams more effectively.

Significance of the Notification

This is the first national-level regulatory framework to manage contaminated land in India. It provides:

• A time-bound process for site assessment and clean-up
• Clear delineation of institutional roles
• Enforceable liability mechanisms
• Legal visibility for public health and ecological risks tied to contaminated land

Earlier, the lack of a structured response mechanism led to regulatory inertia, leaving vulnerable communities at risk.

Implementation Challenges

Despite its promise, implementation will depend on:

• Strengthening technical capacity at district and state levels
• Enhanced coordination among SPCBs, CPCB, and reference agencies
• Financial mechanisms for cases where the polluter is absent
• Public engagement in identifying contaminated areas

Conclusion

The 2025 rules mark a paradigm shift in environmental governance. By embedding scientific assessment, legal accountability, and institutional responsibility into one framework, India takes a decisive step toward sustainable land management and environmental justice. However, effective capacity-building and cooperative federalism will be essential to translate these legal provisions into on-ground success.