H.R. 7268: Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act

The Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act, also referred to as the CLEAN–UP Act, is a proposed piece of legislation that aims to allow the Secretary of the Army to conduct specific water development projects focused on removing or remediating contaminated sediments in collaboration with non-Federal entities, like state or local governments. This initiative is designed to address environmental hazards posed by contaminated sediments in various water bodies.

Key Provisions of the Bill

• Liability Protection: The bill specifies that the Secretary of the Army would not be held liable under certain environmental laws for the release of hazardous substances during approved activities carried out under a joint remediation plan.
• Joint Plan Development: A joint plan must be developed, detailing how the cleanup will protect human health and the environment. This plan must include:
  • Relevant federal requirements for such activities.
  • A description of the work to be done.
  • Identification of the disposal methods for dredged materials.
  • Defined roles and responsibilities for both the federal and non-federal parties.
  • Sources of funding for the project.
• Public Consultation: The Secretary is required to consult with federal, state, and local officials and provide a chance for public comment while developing the joint plan.
• Documentation Obligations: Before executing any project, the Secretary needs to document existing hazardous substances in the contaminated sediments and identify potentially responsible parties for their release.
• Cost Recovery Rights: The federal government retains the right to seek reimbursement from responsible parties for any expenses incurred during the cleanup efforts.

Definitions

The bill provides specific definitions for key terms, such as:

• Administrator: The head of the Environmental Protection Agency (EPA).
• Contaminated Sediment: Sediment containing hazardous substances or pollutants.
• Covered Activity: Refers to activities for removing or remediating contaminated sediment as authorized by Congress or specific environmental acts.
• Hazardous Substance & Pollutant or Contaminant: Defined according to existing environmental laws.
• Secretary: Refers to the Secretary of the Army, acting through the Chief of Engineers.

Implications

The CLEAN–UP Act could enable more streamlined and coordinated efforts to clean up contaminated water bodies, potentially leading to improved environmental conditions and public health outcomes. It emphasizes collaboration between federal agencies and non-federal entities, and includes provisions for public input in the planning stages of cleanup projects.

Relevant Companies

None found.