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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
Term | Explanation |
---|---|
Contaminated Site | Area where past dumping of hazardous waste has polluted soil, water, or air. |
EPA, 1986 | Umbrella legislation passed after Bhopal Gas Tragedy to protect the environment. |
Polluter Pays Principle | The one responsible for pollution must bear the costs of its clean-up. |
Bharatiya Nyaya Sanhita, 2023 | New criminal law replacing IPC; provides for environmental damage penalties. |
Key Provisions
Area | Details |
---|---|
Definition | Sites polluted due to historical hazardous waste dumping, e.g., old landfills, chemical spill areas. |
Identification | District Administration sends reports biannually; preliminary site review within 90 days by SPCB; detailed investigation in next 90 days. |
Criteria | Presence of any of the 189 hazardous chemicals above safety limits under 2016 Hazardous Waste Rules. |
Public Disclosure | Declared contaminated sites will be publicised, with restricted access enforced. |
Remediation | Expert body drafts site-specific clean-up plans. |
Cost Recovery | Polluters bear clean-up costs; Centre-State cost-sharing if polluter untraceable. |
Criminal Penalties | Loss of life or damage triggers penalties under Bharatiya Nyaya Sanhita, 2023. |
Exclusions | Radioactive waste, mining, marine oil pollution, and solid waste are excluded as they fall under separate laws. |
Environment Protection Act, 1986 – Highlights
Aspect | Details |
---|---|
Enacted | Post-Bhopal Gas Tragedy, to fulfill 1972 Stockholm Conference commitments. |
Powers | Empowers Centre to regulate emissions, shut industries, and frame rules for environment protection. |
Constitutional Backing | Enacted 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
- 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 - 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 - 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
Qn | Answer | Explanation |
---|---|---|
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. |