H.R. 7268 — CLEAN–UP Act

This section provides that the Secretary of the Army is not liable under CERCLA for releases of hazardous substances, pollutants, or contaminants resulting from covered activities—defined as removal or remediation of contaminated sediments pursuant to a congressionally authorized water resources development project or priority work under 33 U.S.C. 1272(f)—if conducted in accordance with a joint plan coordinated with the non-Federal interest and approved by the EPA Administrator. (As background, 33 U.S.C. 1272 authorizes the Corps of Engineers to remove contaminated sediments adjacent to navigation channels or, upon non-Federal sponsor request with 35% cost-sharing (up to $50 million annually), from other navigable waters, prioritizing sites such as the Brooklyn Waterfront, New York; Buffalo Harbor, New York; and Passaic River and Newark Bay, New Jersey.) The joint plan must (1) ensure protection of human health and the environment; (2) incorporate relevant National Contingency Plan requirements; (3) describe the work, dredged material disposal method, roles and responsibilities of the Secretary and non-Federal interest, and funding sources; and (4) include other terms the Administrator deems necessary, with development requiring consultation with Federal, state, and local officials and public comment opportunities. Prior to activities, the Secretary must document contaminants present and seek to identify potentially responsible parties, without affecting the federal right to recover response costs from such parties under CERCLA.