HomeMy WebLinkAboutbocc.res.019.2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO DECLARING ITS SUPPORT FOR IMMEDLATE CREATION
AND IMPLEMENTATION OF A FEDERAL POLICY AND /OR PROCESS ALLOWING
BONA FIDE GOOD SAMARITANS TO MEASURABLY IMPROVE WATER QUALITY
THROUGH CLEAN -UP OR MITIGATION OF ACID MINE DRAINAGE FROM
ABANDONED MINES AND PROVIDING ASSURANCE TO GOOD SAMARITANS
THAT THEY WILL NOT INCUR LONG -TERM LEGAL LIABILITY EVEN IF CLEAN
WATER ACT/TMDL STANDARDS CANNOT BE ACHIEVED
RESOLUTION NO. 0/l( -2012
WHEREAS, a "Good Samaritan" is an entity (a person, group, consortium, NGO, etc.) with no
legal responsibility for the site, pollution at the site, or prior mining activity at the site; and
WHEREAS, current federal laws and policies do not allow a process for "Good Samaritans" to
improve water quality through clean -up or mitigation of acid mine drainage from abandoned
mines that involves the long -term discharge of water without fear of liability, becoming
financially responsible, and subject to citizen lawsuits if improved water quality does not fully
meet Clean Water Act/TMDL standards; and
WHEREAS, over the past couple decades several different pieces of federal legislation have
been introduced in the House and the Senate designed to address the CERCLA and Clean Water
Act liability for existing conditions at AML sites; and
WHEREAS, the concept of Good Samaritan policy is to provide appropriate liability relief to
bona fide "Good Samaritans" that voluntarily clean up acid mine drainage at abandoned hard
rock mines and mitigate environmental hazards rather than just physical hazards; and
WHEREAS, there are hundreds of thousands of abandoned mines in the United States with acid
drainage issues that are degrading water quality, making it more expensive to provide potable
water, damaging potential fisheries, causing environmental degradation, and making it
impossible for even small, modern, appropriate mining to take place because a discharge permit
cannot be obtained by mining operations that would operate in compliance with current laws,
standards, and best management practices in waterways designated as impaired; and
WHEREAS, due to the vintage of these abandoned mines, many well over 50 -100 years old,
there is no Financially Responsible Party and the owner of the property is not the party that
caused the mine or drainage; and
WHEREAS, the presence of impaired waters increases costs for providing potable drinking
water in headwaters communities, and causes loss of economic benefits from reduced
agricultural activities, loss of economic benefits from appropriate modem mining operations not
being able to get discharge permits, and loss of economic benefits from reduced or lack of
fisheries that allow for recreational opportunities; and
WHEREAS, some of these abandoned mine sites may have been identified as a priority for
cleanup under the Environmental Protection Agency (EPA) Superfund program, however this
program for many reasons cannot quickly address the issue that local Good Samaritans know
intimately; and
WHEREAS, one study suggests that 70% of acid drainage and metal loading in the upper
Uncompahgre River comes from just three abandoned mine portals; and
WHEREAS, even if there is natural acid drainage from the inherent geology of this San Juan
Mountains area, improving the water quality through clean up of these abandoned mine portals
could open up important economic opportunities for new small and medium scale hard rock
mines, more productive agricultural operations, improved outdoor recreation, and less expense of
procuring potable municipal water for residents downstream; and
WHEREAS, all of these outcomes will contribute to diversification of the economy, provide
new quality jobs, and lessen the burden on taxpayers; and
WHEREAS, local Good Samaritans exist in the Uncompahgre and Animas watersheds and are
ready to clean up these abandoned mines when threat of liability is removed; and
WHEREAS, Pitkin County and its communities need resolution of this issue immediately, and it
may be possible for the issue to be resolved administratively rather than legislatively; and
WHEREAS, no matter how providing bona fide "Good Samaritans" protection from liabilities is
achieved, this needs to be accomplished immediately because it will allow impacted/impaired
areas to realize important economic benefits in areas having limited opportunities.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO:
1. Pitkin County recognizes that there is an immediate need for the EPA to eliminate
disincentives, and establish incentives and clearly limiting liability for voluntary, cooperative
efforts aimed at improving and protecting water quality impacted by historic mining activity
where there is no financially responsible party; and
2. Pitkin County supports the immediate creation and implementation of a process or system,
either administratively by the EPA, or through federal legislation, to provide bona fide "Good
Samaritans" assurance they will not incur long -tern legal liability for discharges at abandoned
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mine sites where they have performed cleanup work, provided that the cleanup work is done in
accordance with applicable agreements and measurably improves water quality, even if Clean
Water Act/TMDL standards cannot be achieved. U
INTRODUCED, READ AND ADOPTED ON THE � / DAY OF 444
2012. 0 A r . T: BOARD OF COUNTY COMMISSIONERS
B / I L. r J, h. By: ,lip' . Lr,z /
JeJ ette Jones 1
D = County C erk g in n /< 4.J 1.44.14, 1/1 C � �i�a s r
Date: 57/2//9
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, Co • • tto s - Jon Peacock, ounty Manager
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