Procedure for Furnishing Information to Authorities in case of Environmental Pollution

Shreya Jain

Shreya Jain

Published on: Nov 14, 2025

Deepti Mudgal

Updated on: Nov 14, 2025

★★★★★(1 Rating)

20

Introduction:

In order to manage effectively and control environmental pollution caused by accidental or unforeseen discharges of pollutants, it is essential to establish clear procedures for timely reporting and response. The law mandates that individuals responsible for such discharges shall promptly inform relevant authorities to enable immediate remedial action. This framework ensures swift prevention or mitigation of pollution, protects public health and the environment and holds polluters accountable for the costs incurred during cleanup and control efforts. The following procedure outlines the responsibilities of the polluters and the roles of the designated authorities in such situations.

Applicability Provisions

1. Section 9 of The Environment (Protection) Act, 1986
2. Rule 12 of The Environment (Protection) Rules, 1986

Mandatory Requirement

Person or Occupier shall immediately report any accidental or potential excess pollutant discharge and assist authorities.

Procedure:

1. Obligation to Prevent or Mitigate Pollution
   In the event of an accident or unforeseen act resulting in, or likely to result in, the discharge of any environmental pollutant in excess of the prescribed standards, the following obligations apply:
   • Person responsible for such discharge and the person in charge of the location where the discharge has occurred or is likely to occur, shall:
     • Take immediate measures to prevent or mitigate the environmental pollution resulting from such discharge.
     • Notify the relevant authorities or agencies about the occurrence or apprehension of such environmental discharge.
     • Render assistance, if called upon, to the concerned authorities or agencies as prescribed.
2. Authorities to be Notified-
   Person in charge shall immediately inform the following authorities upon occurrence or likely occurrence of such pollution discharge:
   • Officer-in-Charge of emergency or disaster relief operations in the district or region where the industry, process, or operation is located. This includes officers designated by the State or Union Territory Government, irrespective of their title.
   • Relevant Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) and its regional officer having jurisdiction over the location. These authorities operate under:
     • Section 20, 21, and 23 of the Water (Prevention and Control of Pollution) Act, 1974.
     • Section 24 of the Air (Prevention and Control of Pollution) Act, 1981.
   • Statutory authorities or agencies listed in Schedule II, corresponding to the location as specified in the Schedule.
3. Recovery of Remedial Expenses
   
   • Any expenses incurred by the authorities or agencies for carrying out the remedial measures shall be recoverable from the person responsible for the discharge.
   • Such expenses shall include interest, calculated at a reasonable rate fixed by the Government, from the date of demand until payment is made.
   • Recovery may be carried out as arrears of land revenue or public demand.