Govt proposes to introduce new rules to clean up contaminated sites

The MoEFCC's proposal aligns with the "polluter pays" principle, ensuring that those responsible for environmental damage bear the cost of cleanup

To sanitise lands contaminated by hazardous substances and address critical gaps in existing environmental laws, the Ministry of Environment, Forest and Climate Change (MoEFCC) has proposed the Remediation of Contaminated Sites Rules, 2024.

The new rules, published on August 22, focus on sites where hazardous substances are mixed with mining waste, bio-medical waste, or municipal solid waste, and where contamination levels exceed specified thresholds.

The MoEFCC’s proposal aligns with the “polluter pays” principle, ensuring that those responsible for environmental damage bear the cost of the cleanup.

These new rules are designed to address shortcomings in the Environment (Protection) Act, 1986; the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016; and the Public Liability Insurance Act, 1991.

According to the ministry’s draft notification, the rules will not apply to sites contaminated by radioactive materials, abandoned mines, or oil spills, which are governed by other specific legislation.

A Central Remediation Committee will be established under the Central Pollution Control Board (CPCB) to identify contaminated sites, assess contamination levels, and develop remediation plans. The committee will also determine the responsible parties, estimate remediation costs, and ensure compliance with the new regulations.

This initiative is in line with the National Environment Policy, 2006, which identifies industrial and municipal waste as major pollution sources and highlights the challenges in remediating toxic and hazardous waste, especially in industrial areas and abandoned mines.

For sites where the polluter cannot be identified or where no funds are provided for remediation, the CPCB may authorise the use of the Environment Relief Fund, created under the Public Liability Insurance Act, 1991, following the 1984 Bhopal gas disaster. The Environment Relief Fund has Rs 1,060.95 crore at the end of FY23, according to the annual report of United India Insurance, the fund manager.

However, these costs will later be recovered from the polluter and returned to the fund. Despite the government’s authority to take control of land for remediation, compensation and consent from affected individuals are required under land acquisition laws.

Clean-up Act

Focus: Emphasises cleanup in areas with high contamination levels
 

Target: Focus on sites with hazardous substances in mining, bio-medical, and municipal waste

Polluter pays : Polluters to bear clean-up costs

Legislation gaps addressed: Fills gaps in existing environmental laws

Exemptions: Not applicable to radioactive sites, abandoned mines, and oil spills