Introduction:
The Environment Protection (Management of Contaminated Sites) Rules, 2025, was notified and brought into force on 24 July 2025.[1] These rules are applicable throughout India. However, certain exclusions are provided: sites governed under the Atomic Energy Rules, 1987 (concerning radioactive waste), sites regulated by the Mines and Minerals (Development and Regulation) Act, 1957, oil spills covered under the Merchant Shipping Act, 1958 or Oil Pollution Rules, 1974, and solid waste dump sites falling under the Solid Waste Management Rules, 2016. Despite these exclusions, if at any site contamination from these activities exceeds the prescribed limits as set out in these Rules, the provisions of these Rules will apply to such sites as well.
Key Definitions:
The Rules define a “contaminated site” as any area officially declared to be contaminated, specifically where concentrations of hazardous substances exceed specified response levels. The concept of a “responsible person” is broadly drawn to include any person or entity identified as the cause of contamination. Where land ownership changes, liability for remediation passes to the transferee. An “orphan site” is one where no responsible person can be identified or traced. Definitions also include terms such as “suspected contaminated site[2],” “probable contaminated site[3],” and set out crucial thresholds such as “screening level[4]” and “response level[5],” found in Schedule I.
Identification and Assessment of Contaminated Sites
The process of identifying contaminated sites is systematic and staged. Authorities including local bodies and State Pollution Control Boards (SPCB’s) may initiate a listing of suspected sites based on public complaints, inspections, or monitoring activities. Once listed, a preliminary assessment must be conducted within ninety days to determine if contaminant concentrations exceed the designated screening values. If threshold levels are exceeded, the site progresses to a detailed assessment phase, which must be completed within three months. Throughout this process, transparency and public participation are emphasized: after detailed assessments, a draft list of contaminated sites is published online for sixty days to solicit public comments. On receiving stakeholder input, the relevant State Pollution Control Board publishes a final list of contaminated sites.
Remediation and Liability:
If a responsible party is identified, the Board notifies them within ninety days of the site’s official listing, and the responsible party is required to submit a detailed remediation plan within six months, bearing all remediation costs. The Rules ensure liability follows ownership so that if the contaminated land is transferred, the duty to remediate is imposed on the new owner. In the case of orphan sites, where no responsible party can be found, government agencies assume responsibility for remediation. The financial burden is shared between the Central and State Governments according to prescribed ratios. The “polluter pays” principle is strictly implemented, imposing absolute liability without exceptions for claims based on the age, accidental nature, or unknown origin of the contamination.
Validation, Closure, and Monitoring:
Once remediation activities are complete, completion needs to be verified by the State Pollution Control Board and, where required, by an independent public agency empanelled by the Central Board. The Central Remediation Committee reviews closure reports and may recommend further action if necessary. After validation, the SPCB issues a closure order and ensures post-remediation monitoring. These procedures ensure that environmental restoration is documented and subject to further review if needed.
Environmental Compensation:
Environmental compensation is imposed on responsible parties that fail to remediate or fail to comply with mandated directions. This compensation is absolute and not dependent on the circumstances of pollution; it covers all situations, including those where contamination is historic or unintentional. The funds collected through compensation are deposited in the Environmental Relief Fund and used for site assessment, remediation, and restoration of public health and the environment. Imposition of compensation does not relieve the responsible party of the obligation to pay for remediation costs.
Voluntary Remediation:
The rules encourage landowners and occupiers to pursue voluntary remediation even if their site has not been formally listed as contaminated. Such applicants must submit a preliminary assessment, documents demonstrating consent from all landowners, and evidence of financial and technical capacity to carry out remediation. Approval is subject to regulatory oversight, and any default by the applicant results in loss of costs incurred and continuation of liability.
Funding Mechanism:
For orphan sites and initial assessment processes, funding is shared between Central and State Governments or fully borne by the Centre in case of Union Territories. If, after government expenditure, a responsible party is later identified, the State or Centre must recover costs from that party within three months. The Rules carefully define cost-sharing ratios and recovery mechanisms to ensure active government intervention where needed while retaining cost recovery when a liable party is established.
Administration and Oversight:
Oversight is provided by the Central Remediation Committee, headed by the Chairperson of the Central Pollution Control Board and comprising representatives from key ministries, state agencies, and technical experts. This Committee meets regularly, monitors implementation, reviews progress and is empowered to issue guidelines and recommend policy updates as needed. The Rules require extensive transparency, with all site lists, remediation plans, progress, and completion reports uploaded to a centralized online portal accessible to the public.
Conclusion:
These Rules create India’s first robust statutory framework for contaminated site management, covering all stages—identification, assessment, public consultation, remediation, and closure—along clearly defined timelines. The Rules are built on strict timelines, transparency (centralized online portal), the polluter pays principle and ensures that there is liability even for “orphan” contaminated sites.
[1] ‘The Environment Protection (Management of Contaminated Sites) Rules, 2025;, Ministry of Environment, Forest and Climate Change, Notification S.O. 3401 (E), 24 July 2025.
[2] Means the area that is suspected to be contaminated and identified by local body or District Administration and State Board.
[3] An area, whether or not delineated, where the presence of contaminants is observed on the basis of preliminary assessment after a site has been recognised as suspected contaminated site.
[4] Concentrations of hazardous substances in soil and sediments, ground water and surface water as specified in the Schedule I, at or above which there may be a likely threat to human health or the environment.
[5] Concentrations of hazardous substances in soil and sediments at or above the limits specified in the Schedule I which there may be an imminent threat to human health or the environment