Unlike heavy-handed federal Superfund designations – which have been opposed by communities such as Silverton because of the devastating impact they have on local economies – the good Samaritan approach has long been the locally supported and preferred course of action and continues to be the most sensible path forward to solve the problem.

The Gold King Mine blowout, triggered by the Environmental Protection Agency, spilled millions of gallons of yellow contaminated wastewater into the Animas River – hitting Southwest Colorado communities, including Silverton and Durango, in the heart of tourism season. Congressional hearings are underway with the hope that we will get a full accounting of how the spill occurred and what actions the EPA could have taken to prevent it, as well as to determine if there was negligence involved and, if so, who will be held accountable. These hearings also provide a venue to discuss the broader issue of how best to address the problem of cleaning up contamination in old abandoned mine sites in Colorado and the West.

This is an issue on which I have been focused for years in Congress.

With community leaders and stakeholders, as well as with Colorado’s U.S. senators, I continue to work toward a legislative solution to clean up these mines in Colorado. That solution has been commonly referred to as good Samaritan legislation. The idea at the heart of the bill is to remove existing hurdles that discourage Good Samaritan groups – including environmental and conservation groups, as well as mining companies – from cleaning up abandoned mines and providing our communities and environment with a valuable service. I carried a version of Good Samaritan legislation in the 113th Congress, and we are currently making improvements to it to ensure it is as effective as possible and stands the best chance of becoming law.

Unlike heavy-handed federal Superfund designations – which have been opposed by communities such as Silverton because of the devastating impact they have on local economies – the good Samaritan approach has long been the locally supported and preferred course of action and continues to be the most sensible path forward to solve the problem. Previous versions of Good Samaritan legislation have stalled in Congress for various reasons, but I believe that if we do this right and work in a bipartisan fashion as a delegation, garnering local input and support, there is a good chance it can pass.

In addition to advancing a solution to address the issue of contamination, it is critically important to get answers about the Animas River spill to both prevent future such disasters, and ensure those involved are held accountable for their decisions and actions in the case of negligence, violations of the law or failure to properly do their jobs.

Before the disaster, the EPA had concerns that the Gold King Mine site was unstable. Yet the EPA did not take sufficient precautionary measures in its work, resulting in a blowout. Furthermore, as pointed out by House Natural Resources Committee Chairman Rob Bishop in a hearing recently, the EPA did not notify the U.S. Fish and Wildlife Service of the planned work at the site, as is required by law to comply with species and environmental protections if there are concerns of instability.

If a private company had acted in this manner and caused the Gold King Mine blowout, the U.S. government, with the EPA at the tip of the spear, would be relentlessly pursuing that company and would not for a second tolerate the lack of transparency and accountability we’ve seen from the EPA so far. That company would in all likelihood already be well on the way to bankruptcy, facing a tsunami of legal action and fines. The EPA has a long track record of such actions against private citizens in situations like this. The double-standard is an outrage and won’t be given a pass.

Equally infuriating is the poor communication from the EPA since the disaster occurred. My office first learned about the mine spill when the yellow plume came down the river and we read about it in the Herald. It took the EPA 24 hours before contacting my office about the spill. More disturbing was the testimony from Southern Ute Tribal Council member Mike Olguin during a hearing when he testified that EPA Administrator Gina McCarthy did not call the Southern Ute chairman’s office until Sept. 14 – more than a month after the spill occurred. Yet, McCarthy claimed at the hearing to be working closely with affected tribal governments.

The EPA has not been forthcoming with complete answers to questions or information about what happened to cause the spill and why communication in its wake has been so unsatisfactory. We are still awaiting a response – weeks past the requested deadline – to a letter sent in August to the EPA administrator asking 15 questions about the spill.

That is why ongoing congressional hearings and government investigations into the spill are so important. We must get answers to prevent similar disasters from happening again. Hearings provide a forum to get more information, an opportunity for Congress to lay the groundwork to truly hold the EPA accountable, and inform future legislative solutions to address mine contamination – including Good Samaritan legislation.

Scott Tipton, R-Cortez, represents Colorado’s 3rd congressional district in the U.S. House of Representatives. Reach in Durango at 259-1490.