Posted on December 13, 2012 by Bob Berwyn
Good Samaritan groups to get better protection from Clean Water Act liability
Efforts to clean up toxic heavy metal pollution at the abandoned Pennsylvania mine site in Summit County, Colorado, could get a boost from new EPA guidance that gives Good Samaritan groups some degree of protection from Clean Water Act liability. Bob Berwyn photo.
By Bob Berwyn
FRISCO — New guidance from top EPA officials could speed remediation of abandoned Colorado mine sites by clarifying the terms of cleanup agreements between the federal agency and Good Samaritan groups.
The memo from EPA national headquarters to the agency’s regional offices extends the legal liability protections in cleanup agreements and specifies that Good Samaritans are generally not responsible for obtaining a Clean Water Act permit during or after a successful cleanup conducted according to a Good Samaritan agreement with EPA. Read the memo here.
The complex structure of the Clean Water Act has, in some cases, prevented community groups from proceeding with cleanups because of concerns over future liability for pollution. (more…)
Filed under: Colorado, Environment, rivers, water | Tagged: acid mine drainage, Clean Water Act, Environment, Good Samaritan mine cleanups, Mark Udall | Leave a Comment »
Posted on February 20, 2012 by Bob Berwyn
The abandoned Pennsylvannia Mine in Summit County, Colorado, is a significant source of pollution. PHOTO BY BOB BERWYN.
Colorado lawmaker tries to rally support on Senate floor; asks EPA for relief
By Summit Voice
SUMMIT COUNTY — Sen. Mark Udall last week renewed his efforts to find ways to enable Good Samaritans to clean up some of the many abandoned mine sites scattered around Colorado and the West.
In addition to trying to rally political support with a speech on the Senate floor, Udall sent a letter to the EPA asking for a change in policy that would give Good Samaritans some legal certainty when it comes to the liability for cleanup efforts. Senators Michael Bennet of Colorado and Barbara Boxer of California also signed the letter.
Certain legal hooks in the Clean Water Act make it challenging for volunteers, so Udall is looking for ways that would enable Good Samaritans to clean up those contaminated sites without assuming full legal liability for contamination they did not create. (more…)
Filed under: Environment, rivers, Summit County news, water | Tagged: abandoned mines, acid mine drainage, Clean Water Act, Colorado, Good Samaritan mine cleanups, Mark Udall | 2 Comments »