Sec. 2. Definitions
1,234 words·~6 min read·
/bill/118/s/2781/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term abandoned mine site means an abandoned or inactive hardrock mine site and any facility associated with an abandoned or inactive hardrock mine site— that was used for the production of a mineral other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ; 30 U.S.C. 22 et seq. ) or on non-Federal land; and for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified— who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law; and other than, in the case of a mine site located on land owned by the United States, a Federal land management agency that has not been involved in mining activity on that land, except that the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity.
The term abandoned mine site includes a hardrock mine site (including associated facilities) that was previously the subject of a completed response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or a similar Federal and State reclamation or cleanup program, including the remediation of mine-scarred land under the brownfields revitalization program under section 104(k) of that Act ( 42 U.S.C. 9604(k) ).
The term abandoned mine site does not include a mine site (including associated facilities)— in a temporary shutdown or cessation; included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ) or proposed for inclusion on that list; that is the subject of a planned or ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or a similar Federal and State reclamation or cleanup program; that has a responsible owner or operator; or that actively mined or processed minerals after December 11, 1980.
The term Administrator means the Administrator of the Environmental Protection Agency. The term applicable water quality standards means the water quality standards promulgated by the Administrator or adopted by a State or Indian tribe and approved by the Administrator pursuant to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). The term cooperating person means any person that is named by the Good Samaritan in the permit application as a cooperating entity.
The term cooperating person does not include— a responsible owner or operator with respect to the abandoned mine site described in the permit application; or a person that had a role in the creation of historic mine residue at the abandoned mine site described in the permit application. The term covered permit means— a Good Samaritan permit; and an investigative sampling permit. The term Federal land management agency means any Federal agency authorized by law or Executive order to exercise jurisdiction, custody, or control over land owned by the United States.
The term Good Samaritan means a person that, with respect to historic mine residue, as determined by the Administrator— is not a past or current owner or operator of— the abandoned mine site at which the historic mine residue is located; or a portion of that abandoned mine site; had no role in the creation of the historic mine residue; and is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue.
The term Good Samaritan permit means a permit granted by the Administrator under section 4(a)(1). The term historic mine residue means mine residue or any condition at an abandoned mine site resulting from hardrock mining activities. The term historic mine residue includes— previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution; equipment (including materials in equipment); any tailings, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an abandoned mine site; any acidic or otherwise polluted flow in surface water or groundwater that originates from, or is pooled and contained in, an inactive or abandoned mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments; any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and any pollutant (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )).
The term Indian tribe has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(h) ). The term investigative sampling permit means a permit granted by the Administrator under section 4(d)(1). The term person means any entity described in— section 502(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(5) ); and section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(21) ).
The term remediation means any action taken to investigate, characterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from an abandoned mine site, or to otherwise protect and improve human health and the environment. The term remediation includes any action to remove, treat, or contain historic mine residue to prevent, minimize, or reduce— the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment.
The term remediation does not include any action that requires plugging, opening, or otherwise altering the portal or adit of the abandoned mine site. The term reservation has the meaning given the term Indian country in section 1151 of title 18, United States Code. The term responsible owner or operator means a person that is— legally responsible under section 301 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 ) for a discharge that originates from an abandoned mine site; and financially able to comply with each requirement described in that section; or a present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 , 9606, 9607, 9613); and financially able to comply with each requirement described in those sections, as applicable.
Connectionstraces to 8
Citation graph
cites case law
Sec. 2
Definitions
Cites 8Cited by 0 across 0 sources