[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1660
To improve water quality on abandoned and inactive mine land, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2003
Mr. Campbell (for himself, Mr. Domenici, Mr. Allard, and Mr. Reid)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve water quality on abandoned and inactive mine land, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Abandoned and
Inactive Mine Remediation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Federal Government has encouraged, through various
laws and policies, the development of gold, silver, and other
minerals, especially in the West;
(2) development of the resources referred to in paragraph
(1) has--
(A) helped create a strong economy; and
(B) provided strategic materials to achieve maximum
production of the metals that were essential to victory
in World War I and World War II;
(3) during World War I and World War II, the Federal
Government actively encouraged mining and milling operations,
including the design and placement of mine tailings and waste
rock piles, practices--
(A) that were not governed by any Federal or State
environmental laws during that period;
(B) the impact of which on the environment and
public health were unknown; and
(C) that since that period, have been--
(i) found to be harmful to the environment;
and
(ii) made illegal;
(4) the result of the practices is a legacy of abandoned
and inactive mine sites, many of which are on Federal land,
that--
(A) have been unreclaimed or, based on existing
environmental standards, inadequately reclaimed; and
(B) continue to pose environmental and safety
hazards;
(5) the cleanup of the abandoned and inactive mine sites is
hampered primarily by concerns about the potential liability
associated with the cleanup.
(b) Purpose.--The purpose of this Act is to facilitate the cleanup
of abandoned and inactive mine sites by limiting the potential
liability of persons cleaning up the sites.
SEC. 3. ABANDONED AND INACTIVE MINE 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 and Inactive Mine Remediation Permits.--
``(1) Definitions.--In this subsection:
``(A) Abandoned or inactive mine land.--
``(i) In general.--The term `abandoned or
inactive mine land' means land--
``(I) that was actively mined for
noncoal resources;
``(II) that is not--
``(aa) being actively mined
for noncoal resources; or
``(bb) subject to a
temporary shutdown; and
``(III) with respect to which there
is no identifiable or economically
viable owner or operator of record for
the mine or mine facilities.
``(ii) Exclusions.--The term `abandoned or
inactive mine land' does not include--
``(I) a site listed on the National
Priorities List under the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.); or
``(II) a brownfield site (as
defined in section 101 of that Act (42
U.S.C. 9601).
``(B) Permit.--The term `permit' means an abandoned
or inactive mine remediation permit described in
paragraph (2).
``(C) Permitting agent.--The term `permitting
agent' means--
``(i) the Administrator; or
``(ii) the head of a State program that is
authorized by the Administrator to issue and
administer permits under this subsection.
``(D) Remediating party.--
``(i) In general.--The term `remediating
party' means any of the following persons or
entities that carries out the remediation of an
abandoned or inactive mine land:
``(I)(aa) The United States, a
State, a political subdivision of a
State, or an Indian tribe; or
``(bb) any officer, employee, or
contractor of the United States, a
State, a political subdivision of a
State, or an Indian tribe.
``(II) A corporation.
``(III) Any person or entity acting
in cooperation with the permittee with
respect to the abandoned or inactive
mine land.
``(ii) Exclusions.--The term `remediating
party' does not include a person or entity
described in clause (i) that, with respect to
the abandoned or inactive mine land that is
being remediated, has been determined to be
legally responsible or in material
noncompliance with section 301(a).
``(E) Unanticipated event or condition.--The term
`unanticipated event or condition' means an event or
condition that was not contemplated by the permit.
``(2) In general.--The permitting agent may issue an
abandoned or inactive mine remediation permit for the conduct
of remediation activities on abandoned or inactive mine land
from which there is or may be a discharge of pollutants to
bodies of water of the United States.
``(3) Application for permit.--
``(A) Components.--
``(i) In general.--To be eligible to
receive a permit under this subsection, the
remediating party shall submit to the
permitting agent an application that includes a
remediation plan that--
``(I) identifies--
``(aa) the remediating
party;
``(bb) any agents or
contractors of the remediating
party; and
``(cc) any persons
cooperating with the
remediating party with respect
to the remediation plan;
``(II) describes the reasonable
efforts of the remediating party to
identify current owners, lessees, and
claimants of the abandoned or inactive
mine land addressed by the remediation
plan;
``(III) certifies that the
remediating party qualifies as a
remediating party under paragraph
(1)(D);
``(IV) identifies that the site
addressed by the plan is--
``(aa) abandoned or
inactive mine land; and
``(bb) eligible for a
permit under this Act;
``(V) identifies the bodies of
water of the United States affected by
the abandoned or inactive mine land;
``(VI) describes the baseline
condition of the bodies of water
identified under subclause (V), in
accordance with requirements
established by the permitting
authority, as of the date of the permit
application (including any conditions
that make numeric monitoring of a
baseline preexisting discharge
physically or economically infeasible);
``(VII) describes the physical
conditions at the site that are causing
or believed to be causing adverse water
quality impacts;
``(VIII) describes the goals and
objectives of remediation, including
the pollutant or pollutants to be
addressed by the remediation plan;
``(IX)(aa) describes the practices
that are proposed to reduce, control,
mitigate, or eliminate the impacts of
adverse water quality, including the
preliminary system design and
construction, operation, and
maintenance plans; and
``(bb) includes a schedule and
estimated completion date of the
practices;
``(X) applies site-specific best
available technology, using best
professional judgment, to explain how
the practices described in subclause
(IX) are expected to improve the
quality of the bodies of water
identified under subclause (V);
``(XI) describes--
``(aa) site-specific
monitoring or other forms of
assessment to be used to
evaluate the success of the
practices during and after
implementation of the
remediation plan in improving
the quality of the water
identified under subclause (V);
and
``(bb) the duration of the
monitoring or assessment;
``(XII)(aa) describes any
extraction, processing, or removal of
minerals for remediation or commercial
sale; and
``(bb) states that 100 percent of
the net profits generated through the
use or commercial sale of minerals
under item (aa) that will be--
``(AA) used for future
remediation; or
``(BB) deposited in a
designated remediation fund;
``(XIII) provides a schedule for
periodic reporting on progress in
implementing the remediation plan; and
``(XIV)(aa) provides a budget for
the remediation plan; and
``(bb) identifies any potential
funding sources for carrying out the
remediation plan.
``(ii) Certification by corporation.--
``(I) In general.--In addition to
the requirements under clause (i), an
application submitted by a corporation
shall include a certification in
accordance with paragraph (1)(D)(ii)
that, based on the knowledge and belief
of the officers and directors of the
corporation, neither the corporation
nor any wholly owned subsidiary of the
corporation is legally responsible for
or in material noncompliance with
section 301(a) or an equivalent State
law for the site proposed to be
remediated.
``(II) Limitation.--If at any time
the permitting agent determines that
the certification under subclause (I)
is incorrect, the corporation--
``(aa) shall not be
entitled to the protection
under this subsection; and
``(bb) shall be subject to
liability under this section or
section 301, 302, or 402.
``(B) Approval or disapproval of application.--
``(i) In general.--Not later than 120 days
after the date of receipt of an application
under subparagraph (A), the permitting agent
shall approve or disapprove the application.
``(ii) Public participation.--Before
approving or disapproving an application under
clause (i), the permitting agent shall provide
to the public--
``(I) notice of the application;
and
``(II) an opportunity for public
comment on the application.
``(iii) Approval.--The permitting agent
shall approve an application under clause (i)
and issue a permit to the remediating party if
the permitting agent determines that--
``(I) the remediating party has
made a reasonable effort (relative to
the resources available to the
remediating party for the proposed
remediation activity) to identify
persons under subparagraph (A)(i)(II);
``(II) the implementation of the
remediation plan would improve the
quality of the water identified under
subparagraph (A)(i)(V); and
``(III) any Indian tribe with
jurisdiction over the abandoned or
inactive mine land subject to the
permit consents to the issuance of the
permit.
``(iv) Action following disapproval.--
``(I) Revision.--If the permitting
agent disapproves an application under
clause (i), the permitting agent
shall--
``(aa) notify the applicant
of the reasons for disapproval;
and
``(bb) allow the applicant
30 days in which to submit a
revised application.
``(II) Deadline for revision.--Not
later than 30 days after the date on
which a revision is submitted under
subclause (I)(bb), the permitting agent
shall approve or disapprove the
revision.
``(4) Contents of permit.--
``(A) In general.--A permit shall--
``(i) provide for compliance with and
implementation of the remediation plan; and
``(ii) establish a schedule for review by
the permitting agent of compliance with and
implementation of the remediation plan.
``(B) Limitation.--A permit shall not--
``(i) require the remediating party to
comply with any other subsection or section
301, 302, or 402; or
``(ii) except in a case in which the net
profits (as stated under paragraph
(3)(A)(i)(XII)(bb)) generated through such use
or sale of minerals are used for present or
future remediation activities, authorize any
discharge associated with the extraction,
processing, or removal of minerals for
commercial use or sale.
``(5) Modification of permit.--
``(A) In general.--Not later than 90 days after the
date of receipt of a written request by a permittee to
modify a permit, the permitting agent shall approve or
disapprove a modification to the permit.
``(B) Approval.--A modification to a permit
approved by the permitting agent under this subsection
shall--
``(i) be made by agreement of the permittee
and the permitting agent and with the
concurrence of any applicable State or Indian
tribe with jurisdiction over the abandoned or
inactive mine land subject to the permit;
``(ii) be made in accordance with
subparagraphs (2)(B) and (3); and
``(iii) take effect on approval.
``(6) Failure to comply.--If a remediating party fails to
comply with any term or condition of a permit under this
subsection, the failure shall be considered to be a violation
subject to enforcement under sections 309 and 505, except in a
case in which--
``(A)(i) based on information submitted to the
permitting agent by the permittee, the permitting agent
determines that the noncompliance was the result of an
unanticipated event or condition; and
``(ii) not later than 30 days after the date on
which a determination is made under clause (i), the
permittee establishes, to the satisfaction of the
permitting agent, that the permittee is in compliance
with the permit; or
``(B)(i) the permitting agent determines that
compliance with the permit is infeasible because of
reasons not contemplated at the time at which the
permit was issued; and
``(ii) the permitting agent and the permittee
modify the permit in accordance with paragraph (5).
``(7) Termination of permit.--
``(A) In general.--The permitting agent shall
terminate a permit if--
``(i) the remediating party completes the
implementation of the remediation plan;
``(ii) the discharges covered by the permit
become subject to a permit that is issued--
``(I) under another subsection; and
``(II) for the extraction,
processing, or removal of minerals for
commercial sale, the net profits of
which shall be used for purposes other
than the purposes described in
paragraph (3)(A)(i)(XII)(bb)--
``(aa) that is not part of
the implementation of the
remediation plan; and
``(bb) with respect to
which the remediating party is
not a participant;
``(iii) an unanticipated event or condition
is encountered that is beyond the control of
the remediating party; or
``(iv) the permitting agent determines that
remediation activities conducted under the
permit have resulted in surface water quality
conditions that are equal to or better than the
baseline condition of the water as of the date
of the permit application.
``(B) No enforcement liability.--If a permit is
terminated under subparagraph (A), the remediating
party shall not be subject to enforcement under section
309 or 505 for any subsequent discharges from the
abandoned or inactive mine land subject to the permit.
``(8) Limitations.--
``(A) In general.--A remediating party issued a
permit under this subsection and, for purposes of
conducting a preliminary investigation of a site to
determine whether to pursue a permit application, a
potential applicant for a permit, for a period of not
more than 120 days unless otherwise stated by the
permitting authority, shall not be considered to be an
owner or operator for purposes of--
``(i) this Act;
``(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); or
``(iii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
``(B) Prior violations.--With respect to violations
of this section, or sections 301, 302, and 402 that
occur before the date on which a permit is issued under
this subsection, nothing in this subsection--
``(i) precludes an action under section 309
or 505 for such violations; or
``(ii) affects the relief available under
section 309 or 505.
``(9) Regulations.--Not later than 1 year after the date of
enactment of this subsection, the Administrator, in
consultation with State, tribal, and local officials and after
notice and opportunity for public comment, shall promulgate
regulations that--
``(A) establish requirements for remediation plans
under this subsection; and
``(B) provide guidance for the development of State
programs for the issuance and administration of permits
under this subsection.
``(10) Funding.--A remediating party that implements a
remediation plan under a permit issued under this subsection
shall be eligible for grants under section 319(h).
``(11) Effect.--Nothing in this subsection--
``(A) limits the liability associated with any
mining or processing activities in existence before,
on, or after the date of enactment of this subsection;
or
``(B) affects any obligation of a State or Indian
tribe under section 303.''.
<all>