[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1787 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1787

   To amend the Federal Water Pollution Control Act to improve water 
              quality on abandoned or inactive mined land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 1999

Mr. Baucus (for himself, Mr. Campbell, and Mr. Daschle) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to improve water 
              quality on abandoned or inactive mined land.

    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 or Inactive 
Mine Waste Remediation 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;
            (2) drainage and runoff from those abandoned or inactive 
        mines are responsible for significant threats and impairments 
        to water quality; and
            (3) often, a party that is responsible for conditions at 
        abandoned or inactive mined land is not identifiable or 
        economically viable, resulting in an inability to compel the 
        party to clean up the mine site.
    (b) Purpose.--The purpose of this Act is to allow a party that is 
not responsible for environmental conditions relating to abandoned or 
inactive mined land to improve water quality affected by past mining 
activities at the land without incurring liability under sections 301, 
302, and 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1311, 1342) to make further progress toward the goal of meeting or 
exceeding water quality standards in all waters of the United States.

SEC. 3. ABANDONED OR INACTIVE MINED LAND WASTE 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:
    ``(q) Abandoned or Inactive Mined Land Waste Remediation Permits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Abandoned or inactive mined land.--The term 
                `abandoned or inactive mined land' means land formerly 
                mined for non-coal resources--
                            ``(i) that is no longer actively mined (and 
                        not in temporary shutdown) at the times at 
                        which the remediation plan is submitted and the 
                        permit is issued;
                            ``(ii) that is not included, or proposed 
                        for inclusion, on the National Priorities List 
                        under the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.) and that is not the 
                        subject of a planned or ongoing response or 
                        natural resource damages action under that Act; 
                        and
                            ``(iii) for which there is no identifiable 
                        owner or operator for the mine or mine 
                        facilities.
                    ``(B) Identifiable owner or operator.--The term 
                `identifiable owner or operator' means a person 
                identified by a remediating party under paragraph 
                (3)(B)(vi) or by the public under paragraphs 
                (3)(C)(iii) and (3)(D)(i))--
                            ``(i) that is responsible for the 
                        activities 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 requirements of sections 301, 
                        302, and 402.
                    ``(C) Permit.--The term `permit' means an abandoned 
                or inactive mined land waste remediation permit 
                described under paragraph (2).
                    ``(D) 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) a State;
                            ``(iii) an Indian tribe; or
                            ``(iv) a municipality.
            ``(2) Permits.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the applicable State or Indian tribe, 
                may issue an abandoned or inactive mined land waste 
                remediation permit to a remediating party for 
                discharges associated with remediation activity at 
                abandoned or inactive mined land, that modifies the 
                otherwise applicable requirements of any other 
                subsection of this section and of sections 301 and 302.
                    ``(B) Federal enforcement.--A permit (including 
                conditions of a permit) issued under this subsection is 
                subject to the Federal enforcement authority under 
                section 309.
                    ``(C) Delegation.--The Administrator shall not 
                delegate the authority under subparagraph (A).
            ``(3) Permit process.--
                    ``(A) Scope.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a remediating party may apply for 
                        a permit 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.
                            ``(ii) Limitation.--A remediating party may 
                        not apply for a permit under clause (i) if the 
                        abandoned or inactive mined land is owned by 
                        the remediating party, unless the land was 
purchased by the remediating party for the express purpose of 
remediating pollutant discharges related to past mining activities at 
the land to improve water quality.
                    ``(B) Remediation plan.--A remediating party that 
                seeks a permit shall submit an application for the 
                permit that includes a remediation plan that--
                            ``(i) identifies the remediating party and 
                        any persons cooperating with the remediating 
                        party with respect to the plan;
                            ``(ii) identifies the abandoned or inactive 
                        mined land addressed by the plan, including a 
                        verification that the land meets the 
                        requirements of paragraph (1)(A);
                            ``(iii) identifies the waters of the United 
                        States affected by past mining activities at 
                        the abandoned or inactive mined land;
                            ``(iv) describes the baseline condition of 
                        the waters (including the nature and extent of 
                        any adverse water quality impact and, as 
                        applicable, the levels of any pollutant causing 
                        the impact);
                            ``(v) describes the physical conditions at 
                        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, lessees, and 
                                claimants of the abandoned or inactive 
                                mined land addressed by the plan; and
                                    ``(II) other persons, including 
                                mine operators, if any, whose 
                                activities at the abandoned or inactive 
                                mined land after October 18, 1972, 
                                created conditions that cause or 
                                contribute to the discharge of 
                                pollutants from the abandoned or 
                                inactive mined land;
                            ``(vii) describes the remediation goals and 
                        objectives, 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, 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 projects;
                            ``(ix) explains how the practices described 
                        in clause (viii) are expected to result in a 
                        water quality improvement for the identified 
                        waters;
                            ``(x) describes the monitoring or other 
                        forms of assessment that will be undertaken to 
                        evaluate the success of the practices during 
                        and after implementation, relative to baseline 
                        conditions;
                            ``(xi) describes contingency plans, 
                        including the practices to be implemented to 
                        achieve the remediation goals and objectives 
                        described in clause (vii), for responding to 
                        unplanned adverse events;
                            ``(xii) provides a schedule for periodic 
                        reporting on progress in implementing the plan;
                            ``(xiii) provides a budget for the plan and 
                        identifies the funding sources that will 
                        support the implementation of the plan, 
                        including practices described in clauses 
                        (viii), (x), and (xi);
                            ``(xiv) describes the applicant's legal 
                        authority to enter and conduct activities at 
                        the abandoned or inactive mined land addressed 
                        by the plan;
                            ``(xv) contains any other additional 
                        information requested by the Administrator to 
                        clarify the plan and the activities covered by 
                        the plan; and
                            ``(xvi) is signed by the applicant.
                    ``(C) Review of application.--
                            ``(i) In general.--The Administrator 
                        shall--
                                    ``(I) review each application for 
                                an abandoned or inactive mined land 
                                waste remediation permit; and
                                    ``(II) determine whether the 
                                application meets the requirements of 
                                subparagraph (B).
                            ``(ii) Disapproval.--If the Administrator 
                        determines that an application does not meet 
                        the requirements of subparagraph (B), the 
                        Administrator shall--
                                    ``(I) notify the applicant that the 
                                application is disapproved and explain 
                                the reasons for the disapproval; and
                                    ``(II) allow the applicant to 
                                submit a revised application.
                            ``(iii) Approval.--If the Administrator 
                        determines that an application meets the 
                        requirements of subparagraph (B), the 
                        Administrator shall--
                                    ``(I) notify the applicant that the 
                                application is accepted;
                                    ``(II) provide to the public notice 
                                of and reasonable opportunity to 
                                comment on the application; and
                                    ``(III) provide to the public an 
                                opportunity for a public hearing on the 
                                application.
                    ``(D) Issuance.--
                            ``(i) Decision to issue.--After notice and 
                        opportunity for public comment on a permit 
                        proposed to be issued, the Administrator may 
                        issue an abandoned or inactive mined land waste 
                        remediation permit to the applicant if the 
                        Administrator 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 identifiable owner or 
                                operator exists; and
                                    ``(III) the remediation plan 
                                demonstrates with reasonable certainty 
                                that the implementation of the plan 
                                will result in an improvement in water 
                                quality to the maximum extent 
                                practicable, 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 an abandoned 
                        or inactive mined land waste remediation permit 
                        to the applicant, the Administrator shall 
                        notify the applicant of the reasons for not 
                        issuing the permit.
                    ``(E) Modification.--
                            ``(i) In general.--Not later than 120 days 
                        after the receipt of a written request by a 
                        permittee, the Administrator shall approve or 
                        disapprove a modification of a permit.
                            ``(ii) Approval.--A permit modification 
                        approved by the Administrator under this 
                        subsection shall be--
                                    ``(I) by agreement of the permittee 
                                and the Administrator;
                                    ``(II) with the concurrence of any 
                                applicable State or Indian tribe;
                                    ``(III) after providing the public 
                                notice of, and opportunity for comment 
                                and a hearing on, a proposed 
                                modification of a permit;
                                    ``(IV) in accordance with the 
                                standards in subparagraph (D)(i)(III); 
                                and
                                    ``(V) immediately reflected in and 
                                applicable to the remediation permit.
            ``(4) Contents of permit.--
                    ``(A) In general.--A permit--
                            ``(i) shall include--
                                    ``(I) a remediation plan approved 
                                by the Administrator; and
                                    ``(II) any additional requirements 
                                that the Administrator establishes 
                                under paragraph (9); and
                            ``(ii) shall provide for compliance with 
                        and implementation of the remediation plan and 
                        any other requirements described under clause 
                        (i).
                    ``(B) Review.--A permit shall establish a schedule 
                for review, by the Administrator, of compliance with 
                the conditions and limitations of the permit.
                    ``(C) Compliance with other limitations.--A permit 
                shall not require the remediating party to comply with 
                any other subsection of this section or with sections 
                301 or 302.
                    ``(D) Commercial use or sale.--A permit shall not 
                authorize any discharge associated with the extraction, 
                processing, or removal of minerals for purposes of 
                commercial use or sale, unless the revenue generated 
                through the use or sale is used for remediation 
                activities that will further improve the quality of 
                waters identified in paragraph (3)(B)(iii).
            ``(5) Failure to comply.--If, during the review conducted 
        under paragraph (4)(B), on receipt of a petition from any 
        person, or for any other reason, the Administrator determines, 
        based on available information, that a remediating party 
        operating under an approved permit is not in compliance with 
        any condition or limitation of the permit, the Administrator 
        may bring an enforcement action under section 309.
            ``(6) Termination.--
                    ``(A) In general.--The Administrator shall 
                terminate a permit if--
                            ``(i) the remediating party completes the 
                        implementation of the remediation plan;
                            ``(ii) the discharges covered by the 
                        permit--
                                    ``(I) become subject to a permit 
                                issued under the other subsections of 
                                this section for development that is 
                                not part of the implementation of the 
                                remediation plan; and
                                    ``(II) the remediating party 
                                seeking termination of coverage is not 
                                a participant in the development; or
                            ``(iii)(I) an event or condition is 
                        encountered that was not contemplated by the 
                        remediation plan and is beyond the control of 
                        the permittee; and
                            ``(II) the surface water quality conditions 
                        due to remediation activities at the site, 
                        taken as a whole and with reference to the 
                        designated uses of the waters, are equal to or 
                        superior to the baseline conditions.
                    ``(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 remaining discharges from the 
                abandoned or inactive mined land described in the 
                permit.
            ``(7) Limitations.--
                    ``(A) Emergency powers.--Nothing in this subsection 
                limits the authority of the Administrator under section 
                504.
                    ``(B) Prior violations.--
                            ``(i) In general.--Nothing in this 
                        subsection precludes actions under section 309 
                        or 505 or affects the relief available in 
                        actions under those sections, with respect to 
                        violations of this section, or sections 301(a) 
                        or 302, that occurred prior to the issuance of 
                        a permit under this subsection.
                            ``(ii) Exception for prior activities 
                        covered by the permit.--If a permit covers 
                        remediation activities implemented by the 
                        permit holder prior to the issuance of the 
                        permit, clause (i) shall not apply to an action 
                        that is based on conditions resulting from 
                        those remediation activities.
                    ``(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.--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 shall be 
                subject to this Act (other than this subsection).
            ``(8) Liability of other parties.--Nothing in this 
        subsection limits the liability of any person other than the 
        remediating party, under this Act or any other law.
            ``(9) Regulations.--
                    ``(A) In general.--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 providing the public with 
                notice of, and opportunity for comment and a hearing 
                on, regulations proposed to be promulgated, shall 
                promulgate regulations establishing generally 
                applicable requirements for--
                            ``(i) remediation plans described in 
                        paragraph (3)(B); and
                            ``(ii) as considered to be necessary by the 
                        Administrator, other paragraphs of this 
                        subsection.
                    ``(B) Specific regulations.--The Administrator may 
                promulgate, on a case-by-case basis, in consultation 
                with State, tribal, and local officials and after 
                providing the public with notice of, and opportunity 
                for comment and a hearing on, regulations proposed to 
                be promulgated, more specific requirements that the 
                Administrator determines would facilitate 
                implementation of this subsection in an individual 
                abandoned or inactive mined land waste remediation 
                permit.
            ``(10) Funding.--Implementation of a remediation plan under 
        a permit issued under this subsection shall be eligible for 
        grants under section 319(h).
            ``(11) Report.--
                    ``(A) In general.--Not later than 1 year before the 
                date of the termination of permitting authority 
                specified in paragraph (12), the Administrator shall 
                submit to Congress a report on the activities 
                authorized by this subsection.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall, at a minimum--
                            ``(i) identify each permit, and associated 
                        remediating party, issued under this 
                        subsection;
                            ``(ii) identify the abandoned or inactive 
                        mine land addressed by each permit (including 
                        the waterbodies and baseline water quality of 
                        the waterbodies affected by the land);
                            ``(iii) summarize the remediation plan 
                        associated with each permit issued under this 
                        subsection, including--
                                    ``(I) the goals and objectives of 
                                the plan;
                                    ``(II) the plan budget; and
                                    ``(III) the practices to be 
                                employed according to the plan to 
                                reduce, control, mitigate, or eliminate 
                                adverse water quality impacts;
                            ``(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 section (including the 
                        disposition of the legal action); and
                            ``(vi) include recommendations by the 
                        Administrator for any modifications to this 
                        subsection, or the regulations promulgated 
                        under paragraph (9) to implement this 
                        subsection, that would facilitate the 
                        improvement of water quality through the 
                        remediation of abandoned or inactive mined 
                        land.
            ``(12) Termination of permitting authority.--The authority 
        granted to the Administrator under this subsection to issue an 
        abandoned or inactive mined land waste remediation permit 
        terminates on the date that is 10 years after the date of 
        enactment of this subsection.''.
                                 <all>