Section 1 Short title
This Act may be cited as the “Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act” or the “CLEAN–UP Act”.
Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act
A BILL
To allow the Secretary of the Army to carry out authorized water development projects that address contaminated sediments pursuant to a joint remediation plan developed in coordination with the non-Federal interest and approved by the Administrator of the Environmental Protection Agency, and for other purposes.
Sec. 2 Removal or remediation of contaminated sediment
In general— The Secretary shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the release of a hazardous substance or pollutant or contaminant resulting from any covered activity carried out in accordance with a joint plan developed under this section by the Secretary, in coordination with the non-Federal interest for the covered activity, and approved by the Administrator.
Joint plan— A joint plan developed under subsection (a) shall—
ensure that the covered activity protects human health and the environment; and
include—
relevant and appropriate requirements of the National Contingency Plan;
a description of the work to be undertaken;
identification of—
the method to be used for dredged material disposal;
the roles and responsibilities of the Secretary and non-Federal interest; and
sources of funding; and
such other terms and conditions as the Administrator determines necessary.
Consultation; public comment— In developing a joint plan under subsection (a), the Secretary shall—
consult with interested Federal, State, and local government officials; and
provide an opportunity for public comment.
Obligations of the Secretary— Prior to carrying out any covered activity pursuant to a joint plan developed under subsection (a), the Secretary shall—
document any hazardous substance or pollutant or contaminant present in the contaminated sediment to be removed or remediated; and
seek to identify any person potentially responsible for the release of such hazardous substance or pollutant or contaminant.
Cost recovery— Nothing in this section affects the responsibility of the Federal Government to seek recovery under the Comprehensive Environmental Response, Cleanup, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) from responsible parties of response costs incurred by the Secretary in carrying out a covered activity.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Contaminated sediment— The term contaminated sediment means sediment in which a hazardous substance or pollutant or contaminant is present.
Covered activity— The term covered activity means the removal or remediation of contaminated sediment pursuant to—
a water resources development project specifically authorized by Congress for such purpose; or
section 312(f) of the Water Resources Development Act of 1990 (33 U.S.C. 1272(f)).
Hazardous substance— The term hazardous substance has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
National Contingency Plan— The term National Contingency Plan means the national contingency plan published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
Pollutant or contaminant— The term pollutant or contaminant has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
Secretary— The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.