From the Summit County Citizens Voice:
The cleanup agreement is for Kerber Creek, at the north end of the San Luis Valley, where Trout Unlimited and the EPA have struck a deal that will shield the conservation group from potential liability as it works to clean up mine tilings along a 17-mile stretch of the creek.
The agreement could serve as a model for similar projects in Summit County, especially in the Snake River Basin, where cleanup efforts have been stymied by strict Clean Water Act provisions that shift liability for any pollution releases after a cleanup to the entity that does the work. The local Blue River Watershed Group, for example, is planning several projects similar to the work being done in the San Luis Valley.
Since 2008, Trout Unlimited and its partners have spent more than $1.3 million on restoration efforts along Kerber Creek. Working with the Bureau of Land Management, Colorado’s Nonpoint Source Program, the Natural Resource Conservation Service, and local landowners, the goal is to treat 60 acres of mine tailings using lime, limestone and compost, and to restore the stream for fish and wildlife habitat. “Thousands of miles of headwater streams in the West are either threatened or dead as a result of historic mining pollution, and without Clean Water Act liability protection, Good Samaritans’ hands are tied,” said Russell. “If they try to treat the draining water to remove metals and improve water quality, they become liable for that water for ever. That’s a risk no entity has yet been willing to take.”
More restoration coverage here.