Good Samaritan Applicant Eligibility

Part 1 – Is a site and project eligible for a Good Samaritan permit?

Part 2 – Are specific parties eligible to be a Good Samaritan or Cooperating Person?

PART 1 –Site and Project Eligibility

A mine site must be an “abandoned hardrock mine site” as defined in the Act to be eligible for a Good Samaritan permit. Projects must be for “remediation” as defined in the Act and must meet the Act’s permit eligibility criteria, as determined by the Administrator. 

A. Site eligibility questions to be considered: 

Is the mine site an “abandoned hardrock mine site” [Sec. 2(1)]? If not, the project is not eligible under the Good Samaritan Act.

1. Is the hardrock mine site abandoned or inactive [Sec. 2(1)(A)]?

• No – stop. Site is not eligible.
  • Yes – continue analysis.

2. Was the mine site (1) used for the production of a mineral, other than coal, conducted on Federal land under the ‘‘Mining Law of 1872’’ or (2) on non-Federal land [Sec. 2(1)(A)(i)]?

• No – stop.  Site is not eligible.
  • Yes – continue analysis.

3. Is the mine site one that actively mined or processed minerals after December 11, 1980 [Sec. 2(1)(C)(iv)]?

   • Yes – stop. Site is not eligible.

     • No – continue analysis.
4. After a review of publicly available data and other information in the possession of the Administrator (or applicable FLMA), is there any “Responsible Owner or Operator” (see also equivalent question #8)? 

• Who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law [Sec. 2(1)(A)(ii)(I)], or 

• In the case of a mine site located on land owned by the United States, has a Federal land management agency been involved in mining activity on that land (the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity) [Sec. 2(1)(A)(ii)(II)].

  • Yes, to either – stop. Site is not eligible.
    • No, to both – continue analysis.

5. Is the mine site the subject of a planned or ongoing response action under CERCLA or similar Federal and State reclamation or cleanup program [Sec. 2(1)(C)(iii)]?

• Yes – stop. Site is not eligible.

  • No – continue analysis.

Note: If the mine site was previously the subject of a completed response action under CERCLA or similar Federal and State reclamation or cleanup program, including the remediation of mine-scarred land under the brownfields revitalization program, the site could be eligible, continue analysis [Sec. 2(1)(B)].

6. Is the mine site in a temporary shutdown or cessation [Sec. 2(1)(C)(i)]?

• Yes – stop. Site is not eligible.
  • No – continue analysis.

7. Is the mine site included on or proposed for inclusion on the National Priorities List [Sec. 2(1)(C)(ii)]?

• Yes – stop. Site is not eligible.
  • No – continue analysis.

8. Does the mine site have a “Responsible Owner or Operator” (as defined in Sec. 2(16)) [Sec. 2(1)(C)(iv)]—a person that is either:
   1. Legally responsible under Section 301 of the CWA for a discharge that originates from an abandoned hardrock mine site; and financially able to comply with each requirement described in that section; or
      1. A present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned hardrock mine site under section 104, 106, 107, or 113 of CERCLA; and financially able to comply with each requirement described in those sections, as applicable

• Yes – stop. Site is not eligible.
  • No – continue analysis.

B. Project eligibility questions to be considered:

Is the project a “remediation” project [Sec. 2(14)]? If not, the project may not proceed under the Good Samaritan Act.

1. Does the project include any action that requires plugging, opening, or otherwise altering the portal or adit of the abandoned hardrock mine site [Sec. 2(14)(C)]?

• Yes – stop. Project is not eligible.

  • No – continue analysis.
• Is the project designed to investigate, characterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from an abandoned hardrock mine site, or to otherwise protect and improve human health and the environment [Sec. 2(14)(A)]?
  • Including, any action to remove, treat, or contain historic mine residue to prevent, minimize, or reduce [Sec. 2(14)(B)]— 

    • the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or

      • a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment?
    • No – stop. Project is not eligible.
  • Yes – continue analysis.

Is the project eligible for a Good Samaritan permit [Sec. 4(b)]? If not, the project may not proceed under the Good Samaritan Act.

1. Is the location of the project located in the United States [Sec. 4(b)(1)(A)]?
   • No – stop. Project is not eligible.
   • Yes – continue analysis.

2. Is the purpose of the project to remediate the historic mine residue at the abandoned hardrock mine site [Sec. 4(b)(1)(B)]?
   • No – stop. Project is not eligible.
   • Yes – continue analysis.

• Are the project activities designed to result in the partial or complete remediation of historic mine residue at the abandoned hardrock mine site within the terms of the Good Sam permit [Sec. 4(b)(1)(C)]?
  • No – stop. Project is not eligible.
  • Yes – continue analysis.

3. Does the proposed project pose a low risk to the environment [Sec. 4(b)(1)(D)]?
   • No – stop. Project is not eligible.
   • Yes – continue analysis.

4. Does the permit applicant possess or have the ability to secure the financial resources to:
   • Complete the permitted work [Sec. 4(b)(1)(E)(i)(I)]?

• No – stop. Project is not eligible.
  • Yes – continue analysis.

• Address any contingencies identified in the permit application [Sec. 4(b)(1)(E)(i)(II)]?

• No – stop. Project is not eligible.
  • Yes – continue analysis.

• Have the proper and appropriate experience and capacity to complete the permitted work [Sec. 4(b)(1)(E)(ii)]?

• No – stop. Project is not eligible.
  • Yes – continue analysis.

PART 2 – Good Samaritan & Cooperating Person Eligibility

An entity must meet the Act’s definition of a “Good Samaritan” to be eligible to apply for and receive a Good Samaritan permit. Any cooperating entities must meet the Act’s definition of a “Cooperating Person” to qualify as Cooperating Person(s) named in a Good Samaritan permit. 

A. Good Samaritan eligibility questions to be considered:

Is the person/entity eligible to be a “Good Samaritan” [Sec. 2(8)]? 

1. Is the person/entity a “person” under the Good Samaritan Act, which means any entity described in section 502(5) of the Federal Water Pollution Act (33 U.S.C. 1362(5)); or section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(21)) [Sec. 2(13)]?

   • No – stop. Person/entity is not a Good Samaritan.
   • Yes – continue analysis.

2. Is the person/entity a past or current owner or operator of the abandoned hardrock mine site at which the historic mine residue is located or a portion of that abandoned hardrock mine site [Sec. 2(8)(A)]?

• Yes – stop. Person is not a Good Samaritan.
  • No – continue analysis.

3. Did the person/entity have a role in the creation of the historic mine residue [Sec. 2(8)(B)]?

• Yes – stop. Person/entity is not a Good Samaritan.
  • No – continue analysis.

4. Is the person/entity potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue [Sec. 2(8)(C)]? 

• Yes – stop. Person/entity is not a Good Samaritan.
  • No – continue analysis.

B. Cooperating Person eligibility questions to be considered:

Is the person/entity a “Cooperating Person” [Sec. 2(5)]?

1. Is the person/entity a “Person” under the Good Samaritan Act, which means any entity described in section 502(5) of the Federal Water Pollution Act (33 U.S.C. 1362(5)); or section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(21)) [Sec. 2(13)]?

• No – stop. Person/entity is not eligible to be a Cooperating Person.
  • Yes – continue analysis.

2. Is the person/entity named by the Good Samaritan in the permit application as a Cooperating Person [Sec. 2(5)(A)]?

• No – stop. Person/entity is not eligible to be a Cooperating Person.
  • Yes – continue analysis.

3. Is the person/entity a “Responsible Owner or Operator” as defined in Sec. 2(16) [Sec. 2(5)(B)(i)]? —

   • Who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law? 
     1. Legally responsible under Section 301 of the CWA for a discharge that originates from an abandoned hardrock mine site; and financially able to comply with each requirement described in that section; or
        1. A present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned hardrock mine site under section 104, 106, 107, or 113 of CERCLA; and financially able to comply with each requirement described in those sections, as applicable; and

• Yes – stop. Person/entity is not eligible to be a Cooperating Person.
  • No – continue analysis.

(Reminder that even if the person answers no to this question, the existence of any person who answers yes would disqualify the site, see Site and Project Eligibility above).

4. Did the person/entity have a role in the creation of the historic mine residue at the abandoned hardrock mine site in the application [Sec. 2(5)(B)(ii)]?

•  Yes – stop. Person/entity is not eligible to be a Cooperating Person.
  • No – continue analysis.

5. Is the person/entity a Federal agency [Sec. 2(5)(B)(iii)]?

• Yes – stop. Person/entity is not eligible to be a Cooperating Person.
  • No – continue analysis.

If the site, project, Good Samaritan, and, if applicable, Cooperating Person(s) are eligible, EPA may issue a Good Samaritan Permit. Note, however, that eligibility does not guarantee that a project will be selected, EPA retains discretion to select eligible projects. 

Disclaimer: This is being provided as information only and does not impose legally binding requirements on EPA, States, or the public. This cannot be relied upon to create any rights enforceable by any party in litigation with the United States.  Any decisions regarding a particular permit will be made based upon the statute and the discretion granted by the statute, including whether or not to grant or deny a permit.