The Ministry of Environment, Forest, and Climate Change (MoEF&CC) has proposed draft regulations to address the remediation of contaminated sites in India. These rules aim to establish a comprehensive framework for cleaning up sites polluted by hazardous substances and ensure environmental protection. These draft rules were published on August 21, 2024.
The Draft Remediation of Contaminated Sites Rules, 2024, will apply to sites contaminated by hazardous substances as defined in the Environment (Protection) Act, 1986, and other relevant regulations. However, the rules will not cover sites contaminated by radioactive waste, abandoned mines, or oil spills, which are subject to specific regulations.
The draft rules define “confirmed contaminated site” as a delineated area wherein after detailed site investigation, the level of contaminants is equal to or more than the response level and higher than the background level as specified by Central Pollution Control Board (CPCB).
Key Provisions of the Draft Rules
- Central Remediation Committee: A Central Remediation Committee will be established under the chairmanship of the CPBC to oversee the remediation process.
- State Government Responsibilities: The State Government will be responsible for constituting the Central Remediation Committee and may recommend the relocation of people residing in confirmed contaminated sites.
- Industrial Development Authorities and Industries: Industrial development authorities and industries must file annual reports with the CPCB or State Pollution Control Board, categorizing their sites as suspected, probable, or confirmed contaminated sites.
- Liability of Responsible Persons: The responsible person, such as the owner or occupier of a contaminated site, will be liable for all damages caused to the environment or third parties. They will also be responsible for paying environmental compensation and remediation costs.
- Voluntary Remediation: Businesses and landowners may voluntarily undertake remediation efforts under certain conditions. The Committee will review voluntary remediation proposals and may grant approval if they meet specific criteria.
The draft rules also outline the process for identifying contaminated sites, assessing the extent of contamination, and developing remediation plans. They aim to ensure that responsible parties are held accountable for environmental damage and that contaminated sites are cleaned up in a timely and effective manner.
The Ministry of Environment, Forest, and Climate Change has invited public comments on the draft rules within 60 days. Stakeholders shall submit their comments to Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Ali Ganj, Jor Bagh Road, New Delhi 110003 or electronically at email address: sohsmd-mef@gov.in.
The final rules will be implemented after considering public feedback and making necessary revisions.
