further the goal of meeting existing 
total maximum daily load allocations 
applicable under section 303(d) taking 
into consideration the resources avail-
able to the remediating party for the 
proposed remediation activity. 
‘‘(ii) DECISION NOT TO ISSUE.—If the 
Administrator decides not to issue the per-
mit to the applicant, the Administrator 
shall notify the applicant of the reasons for 
not issuing the permit not later than 30 
days after the date of the decision. 
‘‘(E) MODIFICATION.— 
‘‘(i) IN GENERAL.—Not later than 15 
days after the date of receipt of a written 
request for modification of a permit issued 
under subparagraph (D), the Adminis-
trator shall provide to the public notice of 
such request. Not later than 30 days after 
the last date on which such notice is pro-
vided, the Administrator shall approve or 
disapprove the modification, unless a pub-
lic hearing is requested by a person, Indian 
tribe, State agency, or local governmental 
agency during such 30-day period. 
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‘‘(ii) PUBLIC HEARING.—If a public 
hearing is requested under clause (i), the 
Administrator shall have 90 days begin-
ning on the date of such request to hold in 
the Animas River watershed a public hear-
ing on the modification and approve or dis-
approve the modification. 
‘‘(iii) APPROVAL.—The Administrator 
may only approve a permit modification 
under this subparagraph if— 
‘‘(I) the State of Colorado con-
curs in such approval; and 
‘‘(II) the Administrator deter-
mines that the modified remediation 
plan will comply with subparagraph 
(D)(i)(III). 
‘‘(iv) ADMINISTRATIVE
PROVISION.— 
The Administrator shall ensure that a per-
mit modification approved under this sub-
paragraph is immediately reflected in, and 
applicable to, the permit. 
‘‘(4) CONTENTS OF PERMIT.— 
‘‘(A) IN
GENERAL.—A permit issued or 
modified, or both, under this subsection shall— 
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‘‘(i) include a remediation plan ap-
proved by the Administrator and any addi-
tional requirements that the Administrator 
establishes under paragraph (10); 
‘‘(ii) provide for compliance with and 
implementation of the remediation plan 
and the additional requirements; 
‘‘(iii) establish a schedule for review 
by the Administrator of compliance with 
the conditions and limitations of the per-
mit; and 
‘‘(iv) exempt the remediating party or 
any cooperating parties with respect to the 
remediation plan from complying with any 
other subsection of this section or with sec-
tion 301 or 302. 
‘‘(B) RECOVERABLE
VALUE.—A remedi-
ation party for a permit issued or modified, or 
both, under this subsection is not prohibited 
from selling or using materials recovered during 
the implementation of the remediation plan 
under the permit, but the proceeds of any such 
sale must be used to defray the costs of remedi-
ation of the mined land addressed in the permit 
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or the costs of remediation of other abandoned 
or inactive mined lands. 
‘‘(5) FAILURE TO COMPLY.—If, during a review 
conducted under paragraph (4)(A)(iii), on the re-
ceipt of a petition from any person, or for any other 
appropriate reason, the Administrator determines 
that the remediating party for a permit issued or 
modified, or both, under this subsection has failed to 
comply with the provisions of the permit, the Admin-
istrator may bring an enforcement action under sec-
tion 309. 
‘‘(6) STATE
CERTIFICATION.—To the extent 
that this subsection relates to water quality stand-
ards, a certification under section 401 shall not 
apply to a permit issued or modified, or both, under 
this subsection. 
‘‘(7) TERMINATION.— 
‘‘(A) MANDATORY.—The Administrator, 
with the concurrence of the State of Colorado, 
shall terminate a permit issued or modified, or 
both, under this subsection if— 
‘‘(i) the remediating party completes 
the implementation of the remediation 
plan; or 
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‘‘(ii) a discharge covered by the per-
mit becomes subject to a permit issued 
under the other subsections of this section 
that is not part of the implementation of 
the remediation plan. 
‘‘(B) 
DISCRETIONARY.—The 
Adminis-
trator, with the concurrence of the State of Col-
orado, may terminate a permit issued or modi-
fied, or both, under this subsection if— 
‘‘(i) an event or condition is encoun-
tered that was not contemplated by the re-
mediation plan and is beyond the control 
of the remediating party; or 
‘‘(ii) the remediating party fails to 
conduct the remediation according to the 
approved remediation plan. 
‘‘(C) NO ENFORCEMENT LIABILITY.—If a 
permit is terminated under this paragraph, the 
remediating party and any cooperating parties 
with respect to the remediation plan shall not 
be subject to enforcement under section 309 or 
505 for any remaining discharges from the 
abandoned or inactive mined land described in 
the permit. 
‘‘(8) LIMITATIONS.— 
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‘‘(A) EMERGENCY
POWERS.—Nothing in 
this subsection limits the authority of the Ad-
ministrator under section 504. 
‘‘(B) PRIOR VIOLATIONS.—Nothing in this 
subsection or a permit issued or modified, or 
both, under this subsection precludes an action 
under section 309 or 505 or affects the relief 
available in an action under such section, with 
respect to a violation of this section or section 
301(a) or 302 that occurred prior to the 
issuance of a permit under this subsection. 
‘‘(C) OBLIGATION OF STATES AND INDIAN 
TRIBES.—Except as expressly provided, nothing 
in this subsection limits any obligation of a 
State or Indian tribe under section 303. 
‘‘(D) OTHER DEVELOPMENT.—Nothing in 
this subsection affects the applicability of this 
Act (other than this subsection) to any develop-
ment of abandoned or inactive mined land (in-
cluding mineral exploration or mining) not de-
scribed in a permit issued by the Administrator 
under this subsection. 
‘‘(9) LIABILITY OF OTHER PARTIES.—Nothing 
in this subsection limits the liability under this Act 
(other than this subsection) or any other law of any 
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