§2.Definitions
This section establishes definitions for the Act, including the Administrator of the Environmental Protection Agency and a new term, BPMD contamination, which means a release or threatened release of hazardous substances on or before the date of enactment at or from mining-related sources within the Bonita Peak Mining District Superfund Site in San Juan County, Colorado, including all areas the Environmental Protection Agency has ever defined for the site under the National Priorities List. It also defines a covered claim as a written request for a specific monetary amount under the Federal Tort Claims Act submitted to the Administrator on or before August 5, 2017, for compensation for covered damages.
This section defines covered damages as adequately documented, otherwise uncompensated damages suffered as a result of the Gold King Mine spill, including (1) injury, (2) lost business income incurred during the period beginning on August 5, 2015, and ending on December 31, 2015, excluding vacation-rental income, (3) livestock-relocation and alternative-water expenses incurred during the period beginning on August 5, 2015, and ending on October 15, 2015, and (4) diminished crop yield or crop loss occurring during the period beginning on August 5, 2015, and ending on December 31, 2015. It excludes response costs under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and emotional distress.
This section defines the Gold King Mine spill as the release on August 5, 2015, of more than 3,000,000 gallons of acid mine drainage containing heavy metals from the Gold King Mine in San Juan County, Colorado, into downstream waters, including the Animas and San Juan Rivers, during an Environmental Protection Agency removal site evaluation. It also defines an injured person as a homeowner, livestock grazer, farmer, recreation company, or other business that suffered covered damages because of the spill, did not previously enter into a settlement with the United States for more than $2,500 or receive a court judgment related to BPMD contamination or the spill, and was denied a covered claim or not fully compensated for covered damages. For businesses, the definition applies only if the business submitted a covered claim on or before August 5, 2017, remains in operation when payment is made, and does not own a mine or perform mine-related business. It further defines injury by cross-reference to the meaning of injury or loss of property, personal injury, or death under 28 U.S.C. § 1346(b)(1).