Congresswoman Pou Introduces CLEAN-UP Act

WASHINGTON, DC – Congresswoman Nellie Pou (D-NJ-09) and Congresswoman Nicole Malliotakis (R-NY-11) have introduced the bipartisan Coordinated Leadership for Environmental and Aquatic Needs–Unified Planning Act (CLEAN-UP), legislation that would expedite the U.S. Army Corps of Engineers’ (USACE) ability to remediate contaminated sediments for water projects by granting indemnification waivers to USACE when following an EPA-approved remediation plan.

“For too long, communities have struggled to have their rivers and waterways cleaned up because of federal backlogs,” said Congresswoman Pou. “These delays have enabled continued flooding, kept pollutants in waterways, and left communities languishing. We must expedite the government’s ability to help our residents while working with agencies to ensure that sediments are cleaned up faster.  Our new bipartisan legislation will help speed up the relief our constituents need.”

Under the bill, the USACE would be required to follow an EPA-approved cleanup plan that would outline the scope of work, roles and responsibilities, disposal methods, funding sources, and applicable federal cleanup requirements, to relieve USACE of indemnification. USACE would have to consult with state and local government stakeholders, solicit public input, document contamination, and attempt to identify potentially responsible parties. However, the federal government would still retain its authority to recover cleanup costs from liable parties to ensure accountability. 

The inability to move forward on waterway projects has been particularly relevant to the Ninth District’s Lower Saddle River, which has been subject to consistent flooding. Despite Water Resources Development Act authorization in 1986, the river’s remediation has been unable to move forward due to indemnification concerns by the USACE in dredging to remediate the basin.  

The text of the bill can be found here.

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