In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy abandoned mine sites,” the Good Samaritan Act is the culmination of 25 years of effort and interest in addressing these legacy sites.
But as much as it may be a final step, it is also just the beginning. In an effort to incentivize cleanups long discouraged by potential Clean Water Act and CERCLA liability and to streamline the complex and time-consuming bureaucratic process to address abandoned mine sites, the Act establishes a pilot program for permitting cleanup in carefully delineated circumstances. Whether the Act’s testing grounds prove a broader, and perhaps even more streamlined, Good Samaritan program can be effective remains to be seen.
Sites Eligible for Cleanup
The Act limits “abandoned hardrock mine sites” eligible for Good Samaritan permits to sites:
- On federal or non-federal land used for the production of minerals other than coal; and
- Where no responsible owner or operator has been identified who is potentially liable for remediation activities under applicable law.
Sites that were previously subject to a completed response action under CERCLA or similar Federal or state cleanup and reclamation program are eligible, but sites with planned or ongoing response actions are excluded. Also excluded are mines sites:
- In temporary shutdown or cessation;
- Listed on the CERCLA National Priorities List;
- Where there is a responsible owner or operator; or
- Where active mining or mineral processing occurred after December 11, 1980.
Good Samaritan Defined
A “Good Samaritan” under the Act means a person who is not a past or current owner or operator of the abandoned hardrock mine site (or a portion of the site) and had no role in the creation of the historic mine residue. Anyone potentially liable under federal, state, tribal, or local law for remediation, treatment, or control of the historic mine residue is not eligible for a Good Samaritan permit.
Permit Mechanics
The Act establishes a pilot program that allows for the issuance of 15 Good Samaritan permits and sunsets in 7 years from the date of the law’s enactment. Permit applications are submitted to the EPA and must include (among other things) a description of baseline conditions caused by historic mine residue, a remediation plan, detailed engineering plans, and plans for monitoring to determine the success of the remediation activities. Applicants must be able to demonstrate that they have the financial resources to carry out the remediation, or are able to secure third-party financial assurance, to ensure the work is completed and carry out any long-term operations and maintenance of remediation activities.
Benefits of a Good Samaritan Permit
To incentivize Good Samaritan cleanups, the Act provides important benefits to permittees:
- No Clean Water Act permitting. Permittees do not need to obtain certain Clean Water Act permits, including discharge permits under Sections 402 or 404 of the Clean Water Act. Permitting can be a lengthy and complex process. This provision will save permittees considerable time and process in pursuing cleanup activities.
- CWA and CERCLA liability protections. During the life of a Good Samaritan permit and after the permit’s termination, Good Samaritans are considered to be in compliance with the Clean Water Act and CERCLA for remediation activities authorized by the permit. These protections also extend to any past, present, or future releases or discharges from the permitted site. These protections do not apply if a permittee fails to comply with the permit and makes environmental conditions worse than baseline conditions at the site.
- Grant funding. Good Samaritans are eligible for grant funding under the Clean Water Act and CERCLA for permitted remediation activities.
Practical Considerations
The Act doesn’t remove all practical difficulties in pursuing cleanups at abandoned hardrock mine sites. A Good Samaritan must still put in the effort to identify any responsible owners or operators and make a demonstration to the EPA that no such entity exists. Additionally, the issuance of a Good Samaritan permit is considered a major federal action under the National Environmental Policy Act (“NEPA”). That means EPA will need to go through the steps of preparing an environmental assessment under NEPA and determining if the action requires an environmental impact statement.
It is also worth noting that Good Samaritan permits do not allow mining or exploration at the site. A permittee can reprocess materials recovered only if the land is owned by the U.S. and proceeds from reprocessing are used to defray costs of remediation with the remainder going into the Good Samaritan Mine Remediation Fund established by the Act (for use by federal land management agencies and the EPA).