CLEAN–UP Act

Limits Army liability for sediment cleanup

This bill would let the Secretary of the Army remove or remediate contaminated sediment as part of Congress‑authorized water resources projects or under section 312(f) of WRDA 1990. If the work follows a joint remediation plan the Army makes with a non‑Federal partner and that the EPA Administrator approves, the Secretary would not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for releases that result from that activity. The joint plan would have to protect human health and the environment, include relevant National Contingency Plan requirements, describe the work and disposal method, assign roles and funding, and allow public comment. Before work starts, the Army would have to document hazardous substances present and seek to identify potentially responsible parties. The federal government could still seek to recover response costs under CERCLA for cleanup costs the Army pays. If enacted, this would take effect upon enactment.