Lifting of Liability Encourages Good Samaritans

The U.S. EPA has issued a new policy that reduces legal uncertainties for organizations that want to help restore watersheds by cleaning up abandoned mine sites on private land.

Prior to the new policy, groups such as nonprofit organizations and local governments or “Good Samaritans” were reluctant to move forward with a clean-up project because they were concerned that they may be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act. CERCLA, or “Superfund” as it is commonly called, has language that can be interpreted to mean that a volunteer conducting a partial clean up could become responsible for the entire cleanup. In addition, potential Good Samaritans were also concerned about the possibility or being sued by a third party as a result of the work done at an abandoned mine site. This left Good Samaritans wanting to help, but unwilling to take the risk. Now, under a new policy and set of model tools, EPA and volunteer parties will be able to enter into “Good Samaritan settlement agreements.” These straightforward, non-negotiable documents can be issued relatively quickly at EPA’s Regional office level. EPA designed the new tools to preserve CERCLA’s fundamental principle that responsible parties should pay for cleanups as intended by Congress. These tools do not absolve responsible parties of their existing liability for pollution. www.epa.gov/goodsamaritan/legislation.html.

Nonpoint Source News Notes, December 2007 http://www.epa.gov/owow/info/NewsNotes/issue83/83issue.pdf