The Gold King Mine was in the news this week – by way of a reminder, the Gold King Mine wastewater release occurred from an inactive Colorado gold mine near Silverton, Colorado, back in August of 2015 and the impacts were great, to say the least.
I have been following the Gold King Mine wastewater release since it happened, see the first post entitled, “The Aftermath of Gold King Mine August Wastewater Release: EPA Suspends Work at Ten Mine Sites” and see my favorite post entitled, “Why Am I So Interested in the Gold King Mine Wastewater Release?”
While the media attention on the Gold King Mine wastewater release has waned, the topic is back in the news this week in an article entitled, “EPA Urged to Prioritize Gold King Mine Cleanup” – discussing a recent letter sent to the EPA by United States Senators Tom Udall and Martin Heinrich and three members of Congress.
A full copy of the letter can be found here – the letter address the timely utilization of the $4 million long-term water quality monitoring program for affected areas, which has been authorized by the Water Infrastructure Improvements for the Nation (WIIN) Act of 2017. An interview with Senator Tom Udall discussing the letter in more detail was featured in, “Udall Talks Gold King Mine Spill Compensation.”
As mentioned above, “WIIN” stands for “Water Infrastructure Improvements for the Nation.” According to the EPA’s “Frequent Questions About the WIIN Act,” “[t]he WIIN Act was enacted on Dec. 16, 2016” and “[i]t is primarily aimed at improving the nation’s water infrastructure.”
The WIIN Act itself is certainly not light reading – the full text can be found here.
Simply put and as summarized in the EPA’s “Frequent Questions About the WIIN Act,” the WIIN Act “includes, under section 5004(c), a directive for EPA to pay ‘any claim made by a State, Indian tribe, or local government for eligible response costs relating to the Gold King Mine release’ that occurred on Aug. 5, 2015.”
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Who can seek reimbursement under the WIIN Act with regard to response costs incurred in connection with the Gold King Mine wastewater release?
Only certain claims qualify – ‘any claim made by a State, Indian tribe, or local government.’ It is crucial to note that the WIIN Act does not apply to costs incurred by private parties in connection with the Gold King Mine wastewater release.
The guidelines for whether response costs are eligible for reimbursement under the WIIN Act can be found by reviewing Understanding Reimbursement for Eligible Response Costs Incurred Due to the Gold King Mine Release.
The clean-up and reimbursement processes have been lengthy and nearly 2 years later, folks are still in it for the long haul.
We will continue to update you on the progress and status…stay tuned!
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