Press Release- June 06, 2007
OFFICE OF GOV. BILL RITTER, JR.
FOR IMMEDIATE RELEASE:
WEDNESDAY, JUNE 6, 2007
Contact:
Evan Dreyer, 720.350.8370
GOV. RITTER HAILS EPA ACTION ON "GOOD SAMARITAN" RULES TO HELP CLEAN UP ABANDONED MINES
Gov. Bill Ritter today praised the EPA for issuing new "Good Samaritan" policies that will help clear the way for interested third parties to clean up abandoned mine sites across the West.
"This is a big step forward," Gov. Ritter said. "I applaud the EPA for helping to remove legal obstacles that are preventing the reclamation of old hardrock mine sites."
The new EPA policies are intended to reduce legal uncertainties for public and private "Good Samaritans." The new rules will reduce the threat of litigation by allowing third parties to enter "Good Samaritan Settlement Agreements" that will provide legal protections and liability waivers under the Superfund law, known as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). (Click here for a link to the EPA's news release.)
"Today's action by EPA provides a broad array of administrative tools that can be used to insulate Good Samaritans from liability, and that's a very good thing," Gov. Ritter said. However, Good Samaritans continue to face liability under the Clean Water Act, and even the potential of a citizen lawsuit. "To get the rest of the way, Congress needs to enact a targeted law that protects people and groups doing voluntary cleanups under the Clean Water Act," Gov. Ritter said. "I am encouraging our delegation to do whatever they can to make that happen."
Ritter said the Western Governors' Association has been working on "Good Samaritan" legislation for more than a decade. "Just a few weeks ago, Gov. Janet Napolitano of Arizona, Gov. Mike Rounds of South Dakota and I wrote to the EPA Administrator to urge rapid action on these administrative tools as an essential step in getting Good Sam legislation adopted, and EPA responded. That shows there is terrific bipartisan support for getting a start on cleaning up thousands of mining sites that are polluting streams and rivers in our state and across the West."
A statewide inventory identified more than 23,000 abandoned mines in Colorado. Approximately 400 are impacting or have the potential to adversely impact water quality. There are at least a dozen local watershed groups in Colorado interested in pursuing abandoned mine remediation if liability concerns can be resolved. The Division of Reclamation, Mining and Safety has identified 11 abandoned mine remediation projects, located in nine different Colorado counties that could move forward if Clean Water Act liability barriers can be removed.