Good Samaritan Remediation of Abandoned Hardrock Mines Program
On December 17, 2024, the President signed into law the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024.
www.congress.gov/118/plaws/publ155/PLAW-118publ155.pdf
The Act promotes the remediation of abandoned hardrock mine sites by Good Samaritans. Under The Act, Good Samaritan stakeholders will be allowed to obtain investigative and/or remediation permits and implement remediation cleanups at abandoned mine land (AML) sites. Throughout the investigative and remediation process, the Act relieves a certain amount of liability from the Good Samaritan, allowing them to focus on the goal of implementing voluntary cleanup actions at AML sites (e.g., restoration of watersheds, wildlife habitat, and ecosystem services).
On this page:
- What is the Good Samaritan Program?
- What are the goals of the Program?
- How does the Pilot Permit Program work?
What is the Good Samaritan Program?
The Act was created for the purpose of permitting state, tribal, or non-governmental organizations, that have not been identified as having owned the abandoned hardrock mine site or contributed to its contamination, to undertake remediation cleanup without taking on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and/or Clean Water Act (CWA) liabilities through their actions. The Act releases the Good Samaritan from taking on the responsibility of the existing waste, with the stipulation that their actions will not leave the site more contaminated than the baseline conditions. A Good Samaritan permit holder is considered to be “in compliance with” CERCLA and the CWA while operating within the terms of their permit.
What are the goals of the Program?
The proposed activities, as compared to the baseline conditions described in the permit, will make measurable progress toward achieving applicable water standards, improved soil quality, improved sediment quality, other improved environmental or safety conditions, or reductions in threats to soil, sediment, or water quality or other environmental or safety conditions.
How does the Pilot Program work?
The Act allows up to 15 Good Samaritan Remediation Permits and 15 Investigative Sampling Permits. If the permit is for a project on private, State, or Tribal lands, EPA reviews and approves the permit (including the required NEPA analysis). If the permit is for a project on Federal Lands, the Federal Land Management Agency (e.g., Department of the Interior, Department of Agriculture) will also review and approve the permit (including the required NEPA analysis). EPA is working on the process for applicants to submit permit applications, please check back for further information.
A Good Samaritan is a person that, with respect to historic mine residue—
(A) is not a past or current owner or operator of the abandoned hardrock mine site at which the historic mine residue is located; or a portion of that abandoned hardrock mine site;
(B) had no role in the creation of the historic mine residue; and
(C) is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.