CLEAN–UP Act

Summary

Provides the Army (through the Chief of Engineers) with limited liability protection for releases of hazardous substances that result from removal or remediation of contaminated sediment when those actions are carried out under a joint plan coordinated with a non‑Federal partner and approved by the EPA Administrator. The joint plan must protect human health and the environment, follow National Contingency Plan requirements, describe work and disposal, identify roles and funding, include EPA‑required terms, include public comment and consultation, and require the Army to document hazardous substances and attempt to identify potentially responsible parties before acting; the federal government’s right to recover costs under CERCLA is preserved.

• Creates limited liability protection for the Army Corps for certain contaminated‑sediment removal or remediation projects conducted under EPA‑approved joint plans.
• Requires joint plans to protect human health and the environment and to incorporate relevant National Contingency Plan requirements.
• Mandates consultation with federal, state, and local officials and public comment before approval of the joint plan.
• Obligates the Army to document hazardous substances at the site and to seek potentially responsible parties before conducting work.
• Preserves the federal government’s right to recover response costs under CERCLA.
• Defines covered activities and other key terms to clarify the scope of the liability protection.
• Requires the joint plan to identify roles and funding sources but does not itself appropriate funds.
• Liability protection only applies when EPA approves the joint plan and any Administrator‑required terms are met.