New Bill Encourages Cleanup of Abandoned Mines that Pollute

WASHINGTON, D.C. – Abandoned mines across Colorado and the Nation are notorious for their toxic water pollution and other wastes. However, these mines and the communities near them may soon benefit from a new cleanup effort. United States Senator Ken Salazar today introduced legislation to protect “Good Samaritan” mining companies, communities, non-profit organizations and individuals that seek to clean up abandoned mines. United States Senator Wayne Allard worked with Senator Salazar on the language of the bill and is an original co-sponsor.

“In Colorado, we understand the importance of protecting our land and water. It’s time for a common sense solution to get these abandoned mines cleaned up,” said Senator Salazar. “Individuals, communities and firms who want to help are prevented from doing so because of potential legal liability. We should be rewarding them, not subjecting them to legal risks.”

“I am pleased that Senator Salazar and I have been able to come up with a bipartisan solution to a problem of long standing in our state. We all have seen the abandoned mines along the I-70 corridor -- and throughout the West,” Senator Allard said. “Our legislation today will allow the contaminated, abandoned mines currently blighting our landscape to be cleaned up. This legislation has been years in the making and has involved the environmental community, industry and government.”

“The EPA’s Inspector General recently released a report stating that hardrock mine sites would soon become the biggest drain on the already strained Superfund program,” Senator Allard added. “Allowing the Good Samaritans to contribute to the clean up of these mines just makes good sense.”

Currently, Colorado has:

• More than 17,000 abandoned mine sites that require safeguarding and the state estimates that it will cost $200 million to address these long-standing problems;
• 150 sites that require environmental cleanup; and
• Former owners and operators are long gone. When responsible parties can be found, they often do not have the money to pay for cleanup. In the meantime, the abandoned mine pollutes forever.

For many of the abandoned hard rock mines across Colorado and the West, there is no one left who is legally responsible for them: owners have died or mining firms have long gone bankrupt and collapsed. When responsible parties can still be located, they often do not have the resources to properly remediate the site. In the meantime, these abandoned mines continue to pollute the surrounding land and water with toxic surface runoff and tailings and other materials.

Senator Salazar’s “Good Samaritan” proposal provides legal protections for mining firms, communities, non-profit organizations or individuals that step in to clean up these abandoned mines from liability under federal and state laws, but it still has strong requirements to prevent abuse:

• States and Communities working together: States would be required to participate, and a “Good Samaritan” permit would only be issued if a State approves the permit application and work plan;
  
• A Real Action Plan: “Good Samaritans” would be eligible for a permit only after submitting a concrete action plan that identifies problems to be fixed and includes a clear plan for completion;
  
• Trust But Verify: Sites remediated under “Good Samaritan” permits would be subject to ongoing monitoring to ensure that the remediation is completed; and
  
• Real Consequences for Breaking the Law: “Good Samaritan” permitees would be subject to a $10,000-per-day fine for non-compliance with their permit.