122 
with respect to the existing reme-
diation project; 
‘‘(VI) any proposed recycling or 
reprocessing of historic mine residue 
to be conducted by the eligible appli-
cant (including a description of how 
each proposed recycling or reprocess-
ing activity relates to the remediation 
of an inactive or abandoned mine 
site); 
‘‘(VII) the monitoring or other 
forms of assessment that will be un-
dertaken by the eligible applicant to 
evaluate the success of the practices 
described in subclause (V) during and 
after the implementation of the reme-
diation plan, with respect to the base-
line conditions; 
‘‘(VIII) each contingency plan 
that is designed for responding to un-
planned adverse events (including the 
practices to be implemented to achieve 
each remediation goal and objective 
described in subclause (IV)); 
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‘‘(IX) the legal authority of the 
eligible applicant to enter, and con-
duct activities at, the inactive or 
abandoned mine site that is the sub-
ject of the remediation plan; and 
‘‘(X) any public outreach activity 
to be conducted by the eligible appli-
cant; 
‘‘(iii) an explanation of the manner by 
which the practices described in clause 
(ii)(V) are expected to achieve each reme-
diation goal and objective described in 
clause (ii)(IV); 
‘‘(iv) a schedule for the periodic re-
porting by the eligible applicant with re-
spect to any progress in implementing the 
remediation plan; 
‘‘(v) a budget for the remediation plan 
that includes a description of each funding 
source that will support the implementa-
tion of the remediation plan, including— 
‘‘(I) each practice described in 
clause (ii)(VIII); 
‘‘(II) each action described in 
clause (ii)(IV)(bb); and 
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124 
‘‘(III) each monitoring or other 
appropriate 
activity 
described 
in 
clause (ii)(VII); and 
‘‘(vi) any other additional information 
requested by the Administrator to clarify 
the remediation plan and each proposed 
activity covered by the remediation plan. 
‘‘(C) CERTIFICATION OF PLAN.—An appli-
cation for a Good Samaritan discharge permit 
submitted by an eligible applicant to a permit-
ting authority under subparagraph (B) shall be 
signed and certified in a manner consistent with 
section 122.22 of title 40, Code of Federal Reg-
ulations. 
‘‘(D) INVESTIGATIVE MEASURES.— 
‘‘(i) IN GENERAL.—A Good Samari-
tan discharge permit may include a pro-
gram of investigative measures to be com-
pleted prior to the remediation of the inac-
tive or abandoned mine site that is the 
subject of the permit if the permitting au-
thority, upon the receipt of the application 
of an eligible applicant for a Good Samari-
tan discharge permit, determines the pro-
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125 
gram of investigative measures to be ap-
propriate. 
‘‘(ii) PROGRAM REQUIREMENTS.—Any 
water sampling included in the program of 
investigative measures described in clause 
(i) shall be conducted by an eligible appli-
cant in accordance with any applicable 
method described in part 136 of title 40, 
Code of Federal Regulations. 
‘‘(iii) REQUIREMENTS
RELATING
TO 
SAMPLES.—In conducting a program of in-
vestigative measures described in clause 
(i), an eligible applicant shall— 
‘‘(I) ensure that each sample col-
lected under the program is represent-
ative of the conditions present at the 
inactive or abandoned mine site that 
is the subject of the program; and 
‘‘(II) retain records of all sam-
pling events for a period of not less 
than 3 years. 
‘‘(iv) INITIAL PLAN.— 
‘‘(I) IN GENERAL.—If an eligible 
applicant proposes to conduct a pro-
gram of investigative measures, the el-
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126 
igible applicant shall submit to the 
permitting authority a plan that con-
tains, to the extent known by the eli-
gible applicant as of the date on which 
the eligible applicant submits the ap-
plication— 
‘‘(aa) each description re-
quired under subclauses (I), (II), 
and (IV) through (VIII) of sub-
paragraph (B)(ii); 
‘‘(bb) the explanation re-
quired 
under 
subparagraph 
(B)(iii); 
‘‘(cc) the schedule required 
under subparagraph (B)(iv); and 
‘‘(dd) the budget required 
under subparagraph (B)(v). 
‘‘(II) RESPONSIBILITY
TO
SUP-
PLEMENT DESCRIPTIONS.—An eligible 
applicant that conducts a program of 
investigative measures shall, based on 
the results of the program, supple-
ment each item described in subclause 
(I), as necessary. 
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‘‘(v) REPORT OF RESULTS.—The re-
sults of the program of investigative meas-
ures shall be— 
‘‘(I) detailed in a report for the 
permitting agency; and 
‘‘(II) made available by the appli-
cant to any member of the public that 
requests the report. 
‘‘(vi) PERMIT MODIFICATION.—Based 
upon the results of the investigative meas-
ures, a Good Samaritan discharge permit 
may be modified pursuant to the permit 
procedures described in this subsection. 
‘‘(vii) OPTION TO DECLINE REMEDI-
ATION.—A Good Samaritan discharge per-
mit may allow the permittee to decline to 
undertake remediation based on the results 
of the investigative sampling program, if— 
‘‘(I) the program of investigative 
measures is authorized under this 
subparagraph; and 
‘‘(II) the activities under the pro-
gram of investigative measures have 
not resulted in surface water quality 
conditions, taken as a whole, that are 
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128 
worse than the baseline condition of 
bodies of water described in subpara-
graph (B)(ii)(I). 
‘‘(E) REVIEW OF APPLICATION.— 
‘‘(i) INITIAL
REVIEW.—The permit-
ting authority shall— 
‘‘(I) review each application sub-
mitted by an eligible applicant for a 
Good Samaritan discharge permit; 
‘‘(II) provide to the public, with 
respect to the Good Samaritan dis-
charge permit— 
‘‘(aa) notice and a reason-
able opportunity to comment; 
and 
‘‘(bb) a public hearing; 
‘‘(III) if the Administrator is the 
permitting authority, provide a copy 
of the application to each affected 
State, Indian tribe, and other Federal 
agency; and 
‘‘(IV) determine whether the ap-
plication for the Good Samaritan dis-
charge permit meets each requirement 
described in subparagraph (B). 
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131 
plementation of the remediation plan 
will— 
‘‘(aa) assist in the attain-
ment of applicable water quality 
standards to the extent reason-
able and practicable under the 
circumstances; and 
‘‘(bb) not result in water 
quality that is worse than the 
baseline 
water 
condition 
de-
scribed 
in 
subparagraph 
(B)(ii)(I); 
‘‘(IV) the eligible applicant has 
provided adequate evidence of finan-
cial resources that will enable the eli-
gible applicant to complete the pro-
posed project of the eligible applicant; 
and 
‘‘(V) the proposed project of the 
eligible applicant meets the require-
ments of this section; 
‘‘(ii) any Federal, State, or tribal land 
management agency with jurisdiction over 
any inactive or abandoned mine site that is 
the subject of the proposed permit, or any 
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132 
public trustee for natural resources af-
fected by historic mine residue associated 
with any inactive or abandoned mine site 
that is the subject of the proposed permit, 
does not object to the issuance of the per-
mit; and 
‘‘(iii) if the Administrator is the per-
mitting authority, the affected State or In-
dian tribe concurs with the issuance of the 
permit. 
‘‘(G) DEADLINE RELATING TO APPROVAL 
OR DENIAL OF APPLICATION.—Not later than 
180 days after the date of receipt by a permit-
ting authority of an application for a Good Sa-
maritan discharge permit that the permitting 
authority determines to be complete, the per-
mitting authority shall— 
‘‘(i) issue to the eligible applicant a 
Good Samaritan discharge permit; or 
‘‘(ii) deny the application of the eligi-
ble applicant for a Good Samaritan dis-
charge permit. 
‘‘(H) MODIFICATION OF PERMIT.— 
‘‘(i) APPROVAL
AND
DISAPPROVAL 
PROCESS.—In accordance with clause (ii), 
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after the date of receipt by a permitting 
authority of a written request by a per-
mittee to modify the Good Samaritan dis-
charge permit of the permittee, the permit-
ting authority shall approve or disapprove 
the request for modification. 
‘‘(ii) PERMIT MODIFICATION.—A per-
mit modification that is approved by a per-
mitting authority under this subparagraph 
shall be— 
‘‘(I) by agreement between the 
permittee and the permitting author-
ity and, if the Administrator is the 
permitting authority, the affected 
State or Indian tribe; 
‘‘(II) subject to— 
‘‘(aa) a period of public no-
tice and comment; and 
‘‘(bb) a public hearing; 
‘‘(III) in compliance with each 
standard described in subparagraph 
(F)(i)(III); and 
‘‘(IV) immediately reflected in, 
and applicable to, the Good Samaritan 
discharge permit. 
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134 
‘‘(4) CONTENTS OF PERMITS.— 
‘‘(A) IN
GENERAL.—A Good Samaritan 
discharge permit shall— 
‘‘(i) contain— 
‘‘(I) a remediation plan approved 
by the permitting authority; and 
‘‘(II) any additional requirement 
that the permitting authority estab-
lishes by regulation under paragraph 
(10); and 
‘‘(ii) provide for compliance with, and 
implementation of, the remediation plan 
and any additional requirement described 
in clause (i)(II). 
‘‘(B) SCOPE.—A Good Samaritan dis-
charge permit shall authorize only those activi-
ties that are required for the remediation of 
historic mine residue at an inactive or aban-
doned mine site, as determined by the permit-
ting authority. 
‘‘(C) REVIEW.—A Good Samaritan dis-
charge permit shall contain a schedule for re-
view, to be conducted by the permitting author-
ity, to determine compliance by the permittee 
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with each condition and limitation of the per-
mit. 
‘‘(5) EFFECT OF PERMIT COMPLIANCE.— 
‘‘(A) COMPLIANCE WITH ACT.— 
‘‘(i) IN GENERAL.—A Good Samari-
tan discharge permit issued under this 
subsection shall authorize the permittee, 
and any cooperating persons, to carry out 
each activity described in the Good Samar-
itan discharge permit. 
‘‘(ii) COMPLIANCE
WITH
PERMIT.— 
Compliance by the permittee, and any co-
operating persons, with respect to the 
Good Samaritan discharge permit shall 
constitute compliance with this Act. 
‘‘(B) SCOPE
OF
LIABILITY.—Except as 
provided in paragraph (6), the issuance of a 
Good Samaritan discharge permit to a per-
mittee relieves the permittee, and any cooper-
ating person, of each obligation and liability 
under this Act. 
‘‘(6) FAILURE TO COMPLY.—If a permittee, or 
any cooperating person fails to comply with any con-
dition or limitation of the permit, the permittee, or 
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136 
cooperating person, shall be subject to liability only 
under section 309. 
‘‘(7) TERMINATION OF PERMIT.— 
‘‘(A) IN GENERAL.—A permitting author-
ity shall terminate a Good Samaritan discharge 
permit if— 
‘‘(i) the permittee successfully com-
pletes the implementation of the remedi-
ation plan; or 
‘‘(ii)(I) any discharge covered by the 
Good Samaritan discharge permit becomes 
subject to a permit issued for other devel-
opment that is not part of the implementa-
tion of the remediation plan; 
‘‘(II) the permittee seeking termi-
nation of coverage, and any cooperating 
person with respect to the remediation 
plan of the permittee, is not a participant 
in the development; and 
‘‘(III) the permitting authority, upon 
request of the permittee, agrees that the 
permit should be terminated. 
‘‘(B) UNFORSEEN CIRCUMSTANCES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the permitting author-
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137 
ity, in cooperation with the permittee, shall 
seek to modify a Good Samaritan dis-
charge permit to take into account any 
event or condition encountered by the per-
mittee if the event or condition encoun-
tered by the permittee— 
‘‘(I) significantly reduces the fea-
sibility, or significantly increases the 
cost, of completing the remediation 
project that is the subject of the Good 
Samaritan discharge permit; 
‘‘(II) was not— 
‘‘(aa) contemplated by the 
permittee; or 
‘‘(bb) taken into account in 
the remediation plan of the per-
mittee; and 
‘‘(III) is beyond the control of 
the permittee, as determined by the 
permitting authority. 
‘‘(ii) EXCEPTION.—If a permittee de-
scribed in clause (i) does not agree to a 
modification of the Good Samaritan dis-
charge permit of the permittee, or the per-
mitting authority determines that remedi-
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