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New Rules Notified to Tackle India’s Contaminated Sites

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The Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the Environment Protection (Management of Contaminated Sites) Rules, 2025 under the Environment Protection Act (EPA), 1986 to regulate and remediate chemically contaminated lands across India.

Key Terms and Concepts

TermExplanation
Contaminated SiteArea where past dumping of hazardous waste has polluted soil, water, or air.
EPA, 1986Umbrella legislation passed after Bhopal Gas Tragedy to protect the environment.
Polluter Pays PrincipleThe one responsible for pollution must bear the costs of its clean-up.
Bharatiya Nyaya Sanhita, 2023New criminal law replacing IPC; provides for environmental damage penalties.

Key Provisions

AreaDetails
DefinitionSites polluted due to historical hazardous waste dumping, e.g., old landfills, chemical spill areas.
IdentificationDistrict Administration sends reports biannually; preliminary site review within 90 days by SPCB; detailed investigation in next 90 days.
CriteriaPresence of any of the 189 hazardous chemicals above safety limits under 2016 Hazardous Waste Rules.
Public DisclosureDeclared contaminated sites will be publicised, with restricted access enforced.
RemediationExpert body drafts site-specific clean-up plans.
Cost RecoveryPolluters bear clean-up costs; Centre-State cost-sharing if polluter untraceable.
Criminal PenaltiesLoss of life or damage triggers penalties under Bharatiya Nyaya Sanhita, 2023.
ExclusionsRadioactive waste, mining, marine oil pollution, and solid waste are excluded as they fall under separate laws.

Environment Protection Act, 1986 – Highlights

AspectDetails
EnactedPost-Bhopal Gas Tragedy, to fulfill 1972 Stockholm Conference commitments.
PowersEmpowers Centre to regulate emissions, shut industries, and frame rules for environment protection.
Constitutional BackingEnacted under Article 253; aligns with Article 48A (State duty) and 51A (citizen duty) to protect environment.

In a nutshell

Memory Code: C-R-I-M-E P-L-A-N
Contaminated site, Reporting, Investigation, Media publication, Expert remediation, Polluter pays, Liability, Articles 48A/51A, Nyahya Sanhita penalty

Prelims Practice Questions

  1. Which of the following is excluded under the Environment Protection (Management of Contaminated Sites) Rules, 2025?
    (a) Groundwater pollution
    (b) Mining contamination
    (c) Soil contamination
    (d) Surface water pollution
  2. Under which Article of the Constitution was the Environment Protection Act, 1986 enacted?
    (a) Article 21
    (b) Article 253
    (c) Article 48A
    (d) Article 32
  3. What is the primary principle guiding the cost recovery under the new contaminated sites rules?
    (a) Precautionary principle
    (b) Intergenerational equity
    (c) Polluter pays principle
    (d) Community participation

Answers and Explanations

QnAnswerExplanation
1(b)Mining is excluded as it is regulated under other laws.
2(b)EPA was enacted using Article 253 to meet international obligations.
3(c)The rules mandate polluters bear the clean-up cost.

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