A draft of the Good Samaritan Cleanup of Orphan Mines Act was released on Tuesday by U.S. Sens. Cory Gardner (R-CO) and Michael Bennet (D-CO) and Rep. Scott Tipton (R-CO).
The legislation is designed in a manner that allows Good Samaritans, including the mining industry, state agencies, local governments, nonprofits and other groups, the opportunity to clean up the environment and improve water quality in and around orphan mines.
More than 160,000 estimated abandoned hardrock mines existed in the U.S. in 2008, according to the Government Accountability Office (GAO). At least 33,000 of these abandoned mines posed safety or environmental safety concerns. Good Samaritans with no connection to the orphan mine sites often seek to offer assistance in cleanup efforts but are not willing to enter the sites without liability protections, while adequate funds for cleanup are not available to states and the Environmental Protection Agency.
Under the Good Samaritan Cleanup of Orphan Mines Act, permits can be applied for from a state or Indian tribe’s program or from the EPA to assist in the cleanup of orphan mines. The narrowly tailored legislation serves to exempt Good Samaritan cleanup efforts from liability from provisions that are necessary under the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
However, Good Samaritans would be held liable under all laws if they fail to comply with the terms of their permit. The legislation, which holds an exception if a failure to comply only results in minor impacts, expires in 10 years.
“The aftermath of the Gold King Mine spill shed light on the need for remediation of orphan mines in Colorado and across the West,” Gardner said. “While there are willing and able Good Samaritans who wish to address safety and environmental concerns and improve water quality at orphan mines, the EPA has done little to incentivize them and the fear of liability for meeting all federal standards during cleanup is too great. The Good Samaritan Cleanup of Orphan Mines Act would ultimately lead to an improved environment. Similar legislative efforts have received broad bipartisan support in the past, and I’m hopeful that we can continue our work together to reduce the risks associated with a spill similar to the Gold King Mine disaster and protect our treasured lands and water in Colorado. I look forward to full consideration of the Good Samaritan concept as we move through the legislative process.”