Animas River Good Samaritan Mined Land Remediation Pilot Project Act - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to conduct a 10-year pilot project under which the Administrator, with the State of Colorado's concurrence, may issue or modify, enforce, or terminate a permit to a remediating party for discharges associated with remediation activity at an abandoned or inactive mined land in the Animas River watershed above Elk Creek in San Juan County, Colorado, that modifies otherwise applicable discharge requirements, effluent limitations, and permit certification requirements. Defines a "remediating party" as: (1) the United States, except with respect to abandoned or inactive mined land on federal land; (2) the State of Colorado or its political subdivisions; or (3) persons that are neither responsible for site activities that contributed to pollution discharges nor owners of the site.
Sets forth procedural guidelines for a applying for, reviewing, issuing, enforcing, and terminating such permits for remediation activities at an abandoned or inactive mined land from which there is, or may be, a discharge of pollutants into U.S. waters. Requires: (1) an applicant to submit a remediation plan describing pollutants present, persons responsible, remediation goals, practices to meet maximum daily load allocations, the monitoring method, and the remediation schedule and budget; and (2) the Administrator to issue regulations establishing generally applicable requirements for such plans.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5071 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5071
To establish a pilot project for the remediation of abandoned and
inactive hardrock mines in the Upper Animas River basin in southwestern
Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2006
Mr. Salazar introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a pilot project for the remediation of abandoned and
inactive hardrock mines in the Upper Animas River basin in southwestern
Colorado.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Animas River Good
Samaritan Mined Land Remediation Pilot Project Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) thousands of abandoned or inactive mines exist in the
West and elsewhere in the United States that often cause acid
mine drainage into our Nation's waters;
(2) often, a person that is responsible for conditions at
abandoned or inactive mined land is not identifiable or
economically viable, resulting in an inability to compel the
person to clean up the mine site;
(3) cleanup of these sites is hampered by liability
concerns and disagreements over how those concerns should be
addressed;
(4) a pilot program in a small geographic area may
demonstrate how best to address liability issues;
(5) only a small number of the hundreds of inactive mines
in the Upper Animas River basin in San Juan County, Colorado,
have been actively mined since the 1940's;
(6) 29 total maximum daily load allocations have been
established pursuant to section 303(d) of the Federal Pollution
Control Act (33 U.S.C. 1313(d)) for particular metals in
specific segments of the Upper Animas River basin; and
(7) the Upper Animas River basin is one of 2 geographic
areas nationwide chosen for intensive study under the
Department of Interior's Abandoned Mine Lands Initiative.
(b) Purpose.--The purpose of this Act is to initiate a 10-year
pilot program in the Upper Animas River basin which facilitates the
cleanup of abandoned and inactive mine sites in the basin that
negatively impact water quality by limiting liability under sections
301, 302, and 402 of the Federal Water Pollution Control Act (33 U.S.C.
1311, 1313, 1342) for third parties not responsible for the degradation
but who take steps to improve water quality.
SEC. 3. ABANDONED OR INACTIVE MINED LAND REMEDIATION PERMITS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Abandoned or Inactive Mined Land Remediation Permits.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Abandoned or inactive mined land.--The term
`abandoned or inactive mined land' means land located
in the Animas River watershed above Elk Creek in San
Juan County, Colorado, formerly hardrock mined for
noncoal resources--
``(i) that is no longer actively mined (and
not in temporary shutdown) as of January 1,
1992;
``(ii) that is not included on the National
Priorities List under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.);
and
``(iii) for which there is no known
responsible owner or operator.
``(B) Responsible owner or operator.--The term
`responsible owner or operator' means a person,
including a governmental entity--
``(i) that is responsible for activities
conducted at abandoned or inactive mined land
that created conditions that cause or
contribute to the discharge of pollutants from
the abandoned or inactive mined land; and
``(ii) that is financially capable of
compliance with the requirements of sections
301 and 302 and this section.
``(C) Remediating party.--The term `remediating
party' means--
``(i) the United States, except with
respect to abandoned or inactive mined land
located on Federal land;
``(ii) the State of Colorado or political
subdivision thereof; or
``(iii) a person that is not--
``(I) responsible for activities
conducted at the site to be remediated
that caused or contributed to the
discharge of pollutants from the site;
or
``(II) the owner of the site.
``(D) Cooperating party.--The term `cooperating
party' means any person, including a governmental
entity, that is not the owner of the site to be
remediated or responsible for activities conducted at
the site to be remediated that caused or contributed to
the discharge of pollutants from the site--
``(i) participates in the design or
implementation of the practices described in
paragraph (3)(B)(viii) with respect to such
site;
``(ii) participates in the design or
implementation of monitoring or other forms of
assessment described in paragraph (3)(B)(x)
with respect to such site; or
``(iii) raises, contributes, or administers
funding or in-kind services for the purposes
described in paragraph (3)(B)(viii) or
(3)(B)(x) with respect to such site.
``(2) Permits.--
``(A) In general.--The Administrator shall conduct
beginning on the 90th day following the date of
enactment of this subsection a 10-year pilot project
under which the Administrator, with the concurrence of
the State of Colorado, may issue, modify, enforce, or
terminate a permit issued under this section to a
remediating party for discharges associated with
remediation activity at abandoned or inactive mined
land and that modifies the otherwise applicable
requirements of any other subsection of this section or
section 301, 302, or 401.
``(B) Delegation.--The Administrator may delegate
all or part of the authority under subparagraph (A) to
the State of Colorado.
``(3) Permit process.--
``(A) Scope.--A remediating party may apply for a
permit under this section for remediation activities at
abandoned or inactive mined land from which there is or
may be a discharge of pollutants to waters of the
United States.
``(B) Remediation plan.--A remediating party that
seeks a permit under subparagraph (A) shall submit an
application for the permit that includes a remediation
plan that--
``(i) identifies the remediating party and
any cooperating parties with respect to the
plan;
``(ii) identifies the geographic boundaries
of the abandoned or inactive mined land
addressed by the plan, including a verification
that the land is abandoned or inactive mined
land;
``(iii) identifies the waters of the United
States affected by past mining activities at
the abandoned or inactive mined land;
``(iv) describes the baseline conditions of
the waters at the time of the permit
application (including the nature and extent of
any pollutant causing an adverse water quality
impact);
``(v) describes the physical and chemical
conditions at, and pollutants from, the
abandoned or inactive mined land that are
causing adverse water quality impacts;
``(vi) describes the applicant's reasonable
efforts to identify--
``(I) current owners and lessees of
the abandoned or inactive mined land;
and
``(II) any persons, including mine
operators, whose activities at or on
such land after October 18, 1972,
created conditions that cause or
contribute to the discharge of
pollutants from such land;
``(vii) describes the remediation goals and
objectives of the plan, including the pollutant
or pollutants to be addressed by the plan;
``(viii) describes the practices, including
a schedule and estimated completion date for
implementing the practices, that are proposed
to reduce, control, mitigate, or eliminate the
adverse water quality impacts described in
clause (v), including--
``(I) in the case of a new
remediation project, the preliminary
system design and construction,
operation, and maintenance plans; and
``(II) in the case of an existing
remediation project, available system
design and construction, operation, and
maintenance plans and any planned
improvements to the project;
``(ix) explains how the practices described
in clause (viii) are expected to result in
furthering the objectives of existing total
maximum daily load allocations under section
303(d) for the identified waters;
``(x) describes the monitoring or other
forms of assessment that will be undertaken to
evaluate the success of the practices described
in clause (viii) during and after
implementation of such practices, relative to
baseline conditions;
``(xi) describes a mechanism or method that
will ensure the full net environmental benefits
of the project are realized in the future even
if ownership of the land changes;
``(xii) describes contingency plans for
responding to foreseeable, unplanned, adverse
events;
``(xiii) provides a schedule for periodic
reporting on progress in implementing the plan;
``(xiv) provides a budget for the plan and
identifies the funding sources that will
support the implementation of the plan;
``(xv) describes the applicant's legal
authority to enter and conduct activities at or
on the abandoned or inactive mined land to be
addressed by the plan;
``(xvi) contains any additional information
requested by the Administrator to clarify the
plan and activities covered by the plan; and
``(xvii) is signed by the applicant.
``(C) Review of application.--
``(i) In general.--The Administrator shall
review each permit application submitted under
subparagraph (B), and determine whether the
application meets the requirements of
subparagraph (B) and contains all the
information required by the Administrator,
within 90 days of the date of such submittal.
``(ii) Disapproval.--If the Administrator
determines that an application submitted under
subparagraph (B) does not meet the requirements
of subparagraph (B), the Administrator, shall
notify the applicant that the application is
disapproved, explain the reasons for the
disapproval, and allow the applicant to submit
a revised application.
``(iii) Approval.--If the Administrator
determines that a permit application submitted
under subparagraph (B) meets the requirements
of subparagraph (B) and contains all the
information required by the Administrator, the
Administrator shall notify the applicant of the
proposed issuance of the permit being applied
for, provide to the public notice in the San
Juan County, Colorado, and La Plata County,
Colorado, newspapers of, and an opportunity to
comment on, such proposed issuance and hold a
public hearing on such proposed issuance in the
Animas River watershed, Colorado.
``(D) Issuance.--
``(i) Decision to issue.--After notice and
opportunity for public comment on a permit
proposed to be issued for mined land under
subparagraph (C)(iii), the Administrator may
issue the permit to the applicant remediation
party if the Administrator, with the
concurrence of the State of Colorado,
determines that--
``(I) relative to the resources
available to the remediating party for
the proposed remediation activity, the
remediating party has made a reasonable
effort to identify persons under
subparagraph (B)(vi);
``(II) no responsible owner or
operator exists for the mined land; and
``(III) the remediation party has
demonstrated with reasonable certainty
that the implementation of the
remediation plan will result in an
improvement in water quality and will
further the goal of meeting existing
total maximum daily load allocations
applicable under section 303(d) taking
into consideration the resources
available to the remediating party for
the proposed remediation activity.
``(ii) Decision not to issue.--If the
Administrator decides not to issue the permit
to the applicant, the Administrator shall
notify the applicant of the reasons for not
issuing the permit not later than 30 days after
the date of the decision.
``(E) Modification.--
``(i) In general.--Not later than 15 days
after the date of receipt of a written request
for modification of a permit issued under
subparagraph (D), the Administrator shall
provide to the public notice of such request.
Not later than 30 days after the last date on
which such notice is provided, the
Administrator shall approve or disapprove the
modification, unless a public hearing is
requested by a person, Indian tribe, State
agency, or local governmental agency during
such 30-day period.
``(ii) Public hearing.--If a public hearing
is requested under clause (i), the
Administrator shall have 90 days beginning on
the date of such request to hold in the Animas
River watershed a public hearing on the
modification and approve or disapprove the
modification.
``(iii) Approval.--The Administrator may
only approve a permit modification under this
subparagraph if--
``(I) the State of Colorado concurs
in such approval; and
``(II) the Administrator determines
that the modified remediation plan will
comply with subparagraph (D)(i)(III).
``(iv) Administrative provision.--The
Administrator shall ensure that a permit
modification approved under this subparagraph
is immediately reflected in, and applicable to,
the permit.
``(4) Contents of permit.--
``(A) In general.--A permit issued or modified, or
both, under this subsection shall--
``(i) include a remediation plan approved
by the Administrator and any additional
requirements that the Administrator establishes
under paragraph (10);
``(ii) provide for compliance with and
implementation of the remediation plan and the
additional requirements;
``(iii) establish a schedule for review by
the Administrator of compliance with the
conditions and limitations of the permit; and
``(iv) exempt the remediating party or any
cooperating parties with respect to the
remediation plan from complying with any other
subsection of this section or with section 301
or 302.
``(B) Recoverable value.--A remediation party for a
permit issued or modified, or both, under this
subsection is not prohibited from selling or using
materials recovered during the implementation of the
remediation plan under the permit, but the proceeds of
any such sale must be used to defray the costs of
remediation of the mined land addressed in the permit
or the costs of remediation of other abandoned or
inactive mined lands.
``(5) Failure to comply.--If, during a review conducted
under paragraph (4)(A)(iii), on the receipt of a petition from
any person, or for any other appropriate reason, the
Administrator determines that the remediating party for a
permit issued or modified, or both, under this subsection has
failed to comply with the provisions of the permit, the
Administrator may bring an enforcement action under section
309.
``(6) State certification.--To the extent that this
subsection relates to water quality standards, a certification
under section 401 shall not apply to a permit issued or
modified, or both, under this subsection.
``(7) Termination.--
``(A) Mandatory.--The Administrator, with the
concurrence of the State of Colorado, shall terminate a
permit issued or modified, or both, under this
subsection if--
``(i) the remediating party completes the
implementation of the remediation plan; or
``(ii) a discharge covered by the permit
becomes subject to a permit issued under the
other subsections of this section that is not
part of the implementation of the remediation
plan.
``(B) Discretionary.--The Administrator, with the
concurrence of the State of Colorado, may terminate a
permit issued or modified, or both, under this
subsection if--
``(i) an event or condition is encountered
that was not contemplated by the remediation
plan and is beyond the control of the
remediating party; or
``(ii) the remediating party fails to
conduct the remediation according to the
approved remediation plan.
``(C) No enforcement liability.--If a permit is
terminated under this paragraph, the remediating party
and any cooperating parties with respect to the
remediation plan shall not be subject to enforcement
under section 309 or 505 for any remaining discharges
from the abandoned or inactive mined land described in
the permit.
``(8) Limitations.--
``(A) Emergency powers.--Nothing in this subsection
limits the authority of the Administrator under section
504.
``(B) Prior violations.--Nothing in this subsection
or a permit issued or modified, or both, under this
subsection precludes an action under section 309 or 505
or affects the relief available in an action under such
section, with respect to a violation of this section or
section 301(a) or 302 that occurred prior to the
issuance of a permit under this subsection.
``(C) Obligation of states and indian tribes.--
Except as expressly provided, nothing in this
subsection limits any obligation of a State or Indian
tribe under section 303.
``(D) Other development.--Nothing in this
subsection affects the applicability of this Act (other
than this subsection) to any development of abandoned
or inactive mined land (including mineral exploration
or mining) not described in a permit issued by the
Administrator under this subsection.
``(9) Liability of other parties.--Nothing in this
subsection limits the liability under this Act (other than this
subsection) or any other law of any person (other than the
remediating party and any cooperating parties) with respect to
the remediation plan for a permit approved or modified, or
both, under this subsection.
``(10) Regulations.--Not later than 1 year after the date
of enactment of this subsection, the Administrator, in
consultation with the State of Colorado, tribal, and local
officials and after providing notice, an opportunity for
comment, and a hearing, shall issue regulations establishing
generally applicable requirements for remediation plans
described in paragraph (3)(B) and such other regulations as the
Administrator considers necessary to carry out this subsection
``(11) Funding for implementing remediation plans.--
``(A) In general.--There is authorized to be
appropriated to the Administrator $30,000,000 to pay 85
percent of the costs of designing and implementing
remediation plans for which permits are issued under
this subsection. The remaining share of such costs may
be provided with funds or in-kind services by private,
local, State, or other Federal sources, including
grants under section 319.
``(B) Priority.--The funds appropriated under this
paragraph shall be allocated first to proposed
remediation plans that are comparatively more likely
than other proposed remediation plans to further the
objectives of the existing total maximum daily load
allocations under section 303(d) with respect to
discharges from abandoned or inactive mined land.
``(12) Reports.--
``(A) In general.--Not later than the last day of
each of the 2nd, 5th, 7th, and 10th years of the pilot
program conducted pursuant to this subsection, the
Administrator shall submit to Congress a report on the
activities carried out under this subsection.
``(B) Contents.--The report under subparagraph (A)
shall, at a minimum--
``(i) identify each permit issued under
this subsection and associated remediating
party;
``(ii) identify the abandoned or inactive
mined land addressed by each permit issued
under this subsection (including the water
bodies and baseline water quality of the water
bodies affected by the land);
``(iii) summarize the remediation plan
associated with each permit issued under this
subsection, including the goals and objectives
of the plan, the plan budget, and the practices
to be employed according to the plan to reduce,
control, mitigate, or eliminate adverse water
quality impacts on such water bodies;
``(iv) identify the status of the
implementation of each remediation plan
associated with each permit issued under this
subsection (including specific progress that
permitted remediation activities have made
toward achieving the goals and objectives of
the remediation plan);
``(v) identify and describe any enforcement
action taken by the Administrator or any civil
action brought by a citizen concerning a permit
issued under this subsection (including the
disposition of the legal action); and
``(vi) include recommendations by the
Administrator for any modifications to this
subsection, or regulations issued under
paragraph (10) to implement this subsection,
that would facilitate the improvement of water
quality through remediation of abandoned or
inactive mined land.
``(13) Termination of permitting authority.--The authority
granted to the Administrator under this subsection to issue an
abandoned or inactive mined land remediation permit terminates
on the date that is 10 years after the date of enactment of
this subsection.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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