this is already enforce in CA. the train derailment site i'm working on extends off of the railroad's easement to private land. the spill affected a storm water run off channel that is nothing more than a topographic low spot on a steep mountainside. the run off channel eventually turns into a seasonal creek bed only active in winter, and this is 1,000's of feet above any perennial creek/river.
despite this, the upper portion where the release occurred is designated as "waters of the U.S." and falls under USACE (Corps of Engineers) jurisdiction, and the hoops involved before we can dig out the "dirty dirt" are enormous and include a biological survey (endangered plants/animals), an aquatic survey (where there is no water??), an archaeaological survey, a forestry survey, a nesting raptor survey, permit applications and fees with Fed and State, and pre-construction notifications to Fed and State.....plus regulatory approved investigation work plans and storm water pollution prevention plans (SWPPPs)......all to remove what may amount to a few hundred cubic yards of impacted soil on a mountainside......welcome to my world.
