Introduction
India’s rapid industrialization and urban expansion have led to a growing number of contaminated sites, posing serious risks to public health and the environment. To address this critical issue, the Government of India has notified the Environment Protection (Management of Contaminated Sites) Rules, 2025, which shall come into force on July 25th, 2025. These Rules establish a structured framework for the identification, assessment, and remediation of polluted lands, while ensuring accountability through the application of the ‘Polluter Pays’ principle. Under this principle, the full cost of remediation including risk assessment, clean-up operations, and post-remediation monitoring must be borne by the person or entity responsible for the contamination. The Rules aim to strengthen environmental governance and promote sustainable land management practices for the future.
Applicability
Environment Protection (Management of Contaminated Sites) Rules, 2025 shall apply to:
- All areas suspected or confirmed to be contaminated by hazardous or toxic substances, including soil, groundwater, surface water, or sediments, which pose a risk to human health or the environment.
Rules shall not apply to contaminated sites where the contamination is caused solely by:
- Radioactive waste, as defined under clause (xxii) of Rule 2 of the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987
- Mining operations, as defined under Section 3(d) of the Mines and Minerals (Development and Regulation) Act, 1957
- Marine pollution from oil or oily substances, as governed by the Merchant Shipping Act, 1958 and the Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules, 1974
- Solid waste from dump sites, as defined under clause 20 of Rule 3 (1) of the Solid Waste Management Rules, 2016.
Key Definitions
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.
Identification and Categorization of Contaminated Sites
Under the Environment Protection (Management of Contaminated Sites) Rules, 2025, the identification of contaminated sites begins with local bodies or district administrations listing suspected sites based on pollution records, historical industrial activity, or public complaints. These sites are uploaded to a centralized online portal and reported to the State Pollution Control Board (SPCB). The SPCB conducts a preliminary assessment within 90 days. If contamination exceeds screening levels, the site is marked as a probable contaminated site; otherwise, it is delisted. A detailed assessment follows within three months for probable sites. If contaminants exceed response levels, the site is officially declared contaminated. Public notices are issued during assessments, and final site lists are published after stakeholder input, ensuring transparency and safety.
Remediation Plans
For a Contaminated Site a Remediation plan is to be formulated:
- Site-specific remediation levels
- Methodology for decontaminating the site
- Financial Resources Needed
- Timeline for Completion
Responsible Person shall prepare and submit the remediation plan within six months from the date of directions State Board to prepare a remediation plan. (Rule 5(6))
Responsible Person shall initiate the remediation of the contaminated site as per the remediation plan after approval of State Board. (Rule 5(10))
Responsible Person shall furnish half-yearly progress report to the State Board with intimation to the Central Board till the completion of the remediation in Form 2. (Rule 5(10))
The remediation plan shall lay down the site-specific remediation level, the method of risk assessment, the method of remediation or decontamination or cleaning up of the contaminated site, the financial resources required and the timeframe required for undertaking remediation along with environmental and safety safeguards during remediation, post-remediation monitoring and assessment activities, and occupational health, safety and emergency response.
Voluntary Remediation
Voluntary remediation is permitted for sites that are not yet classified as probable or confirmed contaminated sites and are not under investigation by the State Pollution Control Board (SPCB) or Contaminated Remediation Committee (CRC).
Person may submit an application for voluntary remediation for review by the Committee accompanied with preliminary assessment report, voluntary agreement between all owners and occupiers, evidence of sufficient capacity to pay for remediation and an undertaking to comply with directions of the Committee during remediation. (Rule 12(2))
Financial Responsibility and Cost Recovery
The Responsible Person is liable for covering the costs of site assessment and remediation. This responsibility extends to any costs incurred by the Central and State Governments for assessing and remediating the contaminated site.
In the event that the Responsible Person cannot be identified, the Central Government and State Government will bear the costs initially, with a shared funding ratio based on the geographical location of the site (e.g., 90% for North Eastern and Himalayan States and 60% for other states). The costs can be recovered from the responsible parties within a set timeframe.
Additionally, where orphan sites (sites with no identifiable responsible person) are involved, funds are allocated from both the Central and State Governments to manage the contamination and carry out the necessary remediation.
Public Participation and Transparency
One of the standout features of the Contaminated Sites Management Rules is the emphasis on public participation and transparency. The State Board is required to publish the list of identified contaminated sites on the centralized online portal and invite feedback from local communities and stakeholders. Public notices are issued to inform the public about the status of sites under investigation or remediation.
This open approach fosters greater accountability and ensures that the public remains informed and engaged throughout the entire process, from identification to remediation.
Penalty for Non-Compliance
Environmental compensation is imposed on responsible parties who fail to deposit remediation costs on time, provide false information, conceal material facts, or submit forged documents. This compensation amounts to twice the remediation cost and is in addition to the original cleanup expenses.
Funds collected are directed to the Environmental Restoration Fund (ERF) for addressing orphan sites and related activities as mandated by the Central Government. To ensure strict compliance, the rules prescribe significant penalties for those who neglect or obstruct remediation efforts. 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.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.
