CLEAN–UP Act

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.

A joint plan developed under subsection (a) shall—

(1) ensure that the covered activity protects human health and the environment; and

(2) include—

(A) relevant and appropriate requirements of the National Contingency Plan;

(B) a description of the work to be undertaken;

(C) identification of—

(i) the method to be used for dredged material disposal;

(ii) the roles and responsibilities of the Secretary and non-Federal interest; and

(iii) sources of funding; and

(D) such other terms and conditions as the Administrator determines necessary.

In developing a joint plan under subsection (a), the Secretary shall—

(1) consult with interested Federal, State, and local government officials; and

(2) provide an opportunity for public comment.

Prior to carrying out any covered activity pursuant to a joint plan developed under subsection (a), the Secretary shall—

(1) document any hazardous substance or pollutant or contaminant present in the contaminated sediment to be removed or remediated; and

(2) seek to identify any person potentially responsible for the release of such hazardous substance or pollutant or contaminant.

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.

In this section:

The term Administrator means the Administrator of the Environmental Protection Agency.

The term contaminated sediment means sediment in which a hazardous substance or pollutant or contaminant is present.

The term covered activity means the removal or remediation of contaminated sediment pursuant to—

(A) a water resources development project specifically authorized by Congress for such purpose; or

(B) section 312(f) of the Water Resources Development Act of 1990 (33 U.S.C. 1272(f)).

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).

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).

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).

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.