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Good Samaritan Clean Watershed Act |  |
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Outline of the Good Samaritan Clean Watershed Act
Purpose of the LegislationThe purpose of this bill is to restore watersheds and improve water quality by encouraging the partial or complete remediation of certain inactive or abandoned hardrock mining sites (not coal sites) by persons who are not otherwise legally responsible for such remediation. In the spirit of cooperative conservation, this bill recognizes that environmental progress can be accelerated by encouraging citizens and government at all levels to achieve environmental results through cooperation instead of confrontation. Inactive or abandoned mine sites can pose serious public safety and environmental hazards. According to estimates, there are over half a million abandoned mines nationwide, most of which are former hardrock mines located in the western States. Acid mine drainage from abandoned mines is responsible for damaging watersheds and degrading water quality throughout the United States. Moreover, abandoned mines are among the largest sources of pollution degrading water quality. There are many volunteers (“Good Samaritans”) who are interested in helping restore watersheds impaired by abandoned mines. However, the threat of liability pursuant to the Clean Water Act (CWA) and/or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) discourages such third party cleanups. A volunteer conducting a partial cleanup could become liable for the entire cleanup or could be obligated to obtain a discharge permit which requires compliance with strict water quality standards in streams that are already in violation of these standards. Liability may occur even though the volunteer did not cause the pollution. By removing this threat of liability, the legislation will encourage more Good Samaritans to restore watersheds impacted by acid mine drainage. How Will the Legislation Achieve this Purpose?This bill establishes a streamlined permit program that would be administered at the federal level by EPA, and which can be administered by States or Tribes if certain conditions are met. A permit issued under this bill would allow a Good Samaritan to cleanup an inactive or abandoned mine site and would shield the permittee from CWA or CERCLA liability for the actions taken under the permit. As drafted, the bill is a freestanding piece of legislation and does not specifically amend any existing federal environmental statute. The bill contains specific requirements regarding who is eligible for a Good Samaritan permit, the sites for which permits may be issued, and what must be included in the permit. Who Issues the Permits (Permitting Authority)?The EPA, or a State or Indian tribe with an approved remediation program, would issue permits to Good Samaritans to carry out the projects. The Governor or head of Indian Tribe could apply to EPA to administer a voluntary Good Samaritan permit program. In general, the bill requires that the State or Tribe’s permit program be administered in conformance with the requirements and procedures set forth in the bill, and that the State or Tribe possess legal authority necessary to implement and administer such a permit program, including necessary enforcement authorities. States or Tribes are allowed to impose more stringent requirements than the federal program. The bill requires each State or Tribe administering an approved permit program to send EPA a copy of each permit application, and allows EPA to object, within 90 days, to any specific permit. The bill also includes provisions for withdrawal of approval of the State or Indian tribal program if such program is not being administered in accordance with the program requirements. Allows any interested person to challenge (generally within 120 days) EPA’s action in issuing or denying any permit, in the Circuit Court of Appeals of the U.S. for the federal judicial district in which the person resides or transacts business which is directly affected by the permit decision. Who Can Apply for a Good Samaritan Permit?Only a "Good Samaritan" can apply for a permit. A “Good Samaritan” is a “person” that
Anyone who has an ownership interest in the inactive or abandoned mine site (or who had such an interest at any time during or since the creation of the historic mine residue at the site) is not eligible to be considered a “Good Samaritan.” A Good Samaritan could be an individual, a firm, corporation, an association, a partnership, consortium, joint venture, commercial entity, nonprofit organization, the federal government (on non-federal lands), a State, political subdivision of a State, an Indian Tribe, interstate entity, or commission. Sites Eligible for Cleanup Under this ProgramSites eligible for cleanup under this permit program must be an inactive or abandoned mine site, defined as any mine site (including any mill or processing site) that is not owned by any person who caused or contributed to the historic mine residue or (any successor) and that:
What is Required in Order to be Eligible for a Permit?
Can a Good Samaritan Permit Allow for Remining?The legislation allows for limited recycling of historic tailings and waste piles to the extent that such actions are necessary for, and directly related to, the cleanup. The legislation, however, does not allow the new extraction of remaining reserves under this new Good Samaritan permit. A party who wants to engage in such “remining” activity would need to comply with all the existing permit and other requirements applicable to such mining. Permit Application ContentsA Good Samaritan is required to submit background information regarding the project and itself before a permit will be issued. Such information includes, among other things: project site information; an identification of any current owners and operators of the mine site; proof of permission to enter the site and perform the described remediation; information on those legally responsible for remediation, and any relationship with the applicant; certification that the applicant knows of no other person potentially liable and that the applicant meets the definition of a “Good Samaritan”; proposed remediation plans including baseline conditions, how it will improve water quality, and monitoring program; a schedule; a budget, including sufficient resources to complete the project including any operation and maintenance; a description of the capacity (including technical and administrative) of the permittee to carry out the terms of the permit and the remediation plan; environmental compliance history of the applicant; any “cooperating persons” and a description of activities to be performed by them. Public ParticipationThe permitting authority must: provide an opportunity for public participation in the permit process including a notice, hearing, and comment period; consult with the federal land management agency and any public trustee for natural resources prior to issuance of the permit for sites on federally managed lands; and, notify federal, state, tribal and local agencies with an interest in the application. When Can the Permitting Authority Issue a Permit?The permitting authority may issue a permit only if:
Specific Liability Protection Afforded to the PermitteeA permit issued under this program would provide the permittee with liability protection by:
The liability protection provided to the permittee is also extended to any “cooperating person” – a person other than a federal agency who: meets the definition of a “Good Samaritan”; assists the permittee in the remediation of the site; and, is specifically identified in the permit. The liability protection applies only to activities undertaken pursuant to a permit issued under this Act and is null and void if the permittee provided dishonest, fraudulent or materially misleading statements or omissions. Enforcement of Federally-Issued PermitsAuthorizes EPA to issue administrative orders to enforce violations of the Act. Authorizes EPA to commence a civil action for appropriate relief, including a permanent or temporary injunction, in the U.S. district court in which the defendant is located or resides or is doing business. Judicial remedies are specified and include repairing the damage to the environment caused by an action of the permittee in violation of the permit and that the environment be restored to the condition prior to violation. Establishes civil penalties of up to $5000 for each day of violation except that the penalty shall be $32,500 per day per violation for willful or wanton conduct. Download a Copy of the LegislationDownload a copy of the legislation in PDF format (38pp, 3.8 MB About PDF).
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