CLEAN–UP Act

Summary

Gives the Secretary of the Army (acting through the Chief of Engineers) limited protection from liability under CERCLA for releases of hazardous substances, pollutants, or contaminants that occur as a result of removing or remediating contaminated sediment when the work is done under a joint plan developed with a non‑Federal partner and approved by the EPA Administrator. The joint plan must meet National Contingency Plan requirements, describe the work and disposal methods, identify roles and funding sources, include required EPA terms, involve consultation and public comment, and document contaminants and attempts to identify potentially responsible parties; the federal government’s right to seek cost recovery is preserved.

• Provides CERCLA liability protection for the Secretary of the Army for releases caused by removal or remediation of contaminated sediment when done under an EPA‑approved joint plan.
• Requires joint plans to follow National Contingency Plan requirements and to describe work, disposal, roles, and funding sources.
• Mandates consultation with federal, state, and local officials and an opportunity for public comment on joint plans.
• Requires the Secretary to document contaminants and attempt to identify potentially responsible parties before acting.
• Preserves the federal government’s existing CERCLA cost‑recovery authority despite the liability protection.
• Limits liability protection to activities explicitly covered by the approved joint plan; not a blanket exemption from CERCLA.
• Gives EPA an approval and oversight role through plan approval and the ability to require additional terms.
• Defines key terms to clarify the scope of covered activities and responsible officials.