STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by:           AGREED ORDER
South Park Marina, LP; the Port of Seattle; and  No. DE 16185
the City of Seattle

TO: Mr. Guy Crow, Agent
South Park Marina Limited Partnership
8604 Dallas Ave. S
Seattle, WA 98101
Mr. Stephen P. Metruck
Executive Director
Port of Seattle
P.O. Box 1209
Seattle, WA 98121-1209
Jenny A. Durkan
Mayor
City of Seattle
600 4th Ave., Floor 7
Seattle, WA 98104
TABLE OF CONTENTS 
I.       INTRODUCTION .................................................................................................................3 
II.      JURISDICTION ....................................................................................................................3 
III. PARTIES BOUND ...............................................................................................................3 
IV. DEFINITIONS ......................................................................................................................3 
V.     FINDINGS OF FACT ...........................................................................................................4 
VI. ECOLOGY DETERMINATIONS........................................................................................7 
VII. WORK TO BE PERFORMED .............................................................................................9 
VIII. TERMS AND CONDITIONS.............................................................................................11 
A. Payment of Remedial Action Costs ...........................................................................111 
B. Designated Project Coordinators ...............................................................................122 
C. Performance .................................................................................................................13 
D. Access ........................................................................................................................133 
E. Sampling, Data Submittal, and Availability ................................................................14 
F. Public Participation ......................................................................................................15 
G. Retention of Records ....................................................................................................16 
H. Resolution of Disputes ...............................................................................................166 
I. Extension of Schedule ..................................................................................................18 
J. Amendment of Order ...................................................................................................19

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K. Endangerment ..............................................................................................................20 
L. Reservation of Rights ...................................................................................................20 
M. Transfer of Interest in Property ....................................................................................21 
N. Compliance with Applicable Laws ..............................................................................21 
O. Indemnification ............................................................................................................23 
IX. SATISFACTION OF ORDER ............................................................................................23 
X.     ENFORCEMENT ...............................................................................................................24 
EXHIBIT A       Site Location Diagram
EXHIBIT B       Scope of Work and Schedule

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I.       INTRODUCTION
The mutual objective of the State of Washington, Department of Ecology (Ecology), South
Park Marina, Limited Partnership (SPM), the Port of Seattle (Port), and the City of Seattle (City) 
under this Agreed Order (Order) is to provide for remedial action at a facility where there has been
a release or threatened release of hazardous substances. This Order requires SPM, the Port, and
the City to complete a Remedial Investigation (RI) for the Site. The intent is to complete the RI in
18 months pursuant to the Schedule in Exhibit B. The Parties anticipate that this Order will be
amended in the future to include additional tasks, including conducting a Feasibility Study and a
preliminary Draft Cleanup Action Plan. Ecology believes the actions required by this Order are in
the public interest.
II.      JURISDICTION
This Agreed Order is issued pursuant to the Model Toxics Control Act (MTCA),
RCW 70.105D.050(1).
III.     PARTIES BOUND
This Order shall apply to and be binding upon the Parties to this Order, their successors
and assigns. The undersigned representative of each party hereby certifies that he or she is fully
authorized to enter into this Order and to execute and legally bind such party to comply with this
Order. SPM, the Port, and the City agree to undertake all actions required by the terms and
conditions of this Order. No change in ownership or corporate status shall alter SPM, the Port, or
the City's responsibility under this Order. SPM, the Port, and the City shall each provide a copy
of this Order to all agents, contractors, and subcontractors retained to perform work required by
this Order, and shall ensure that all work undertaken by such agents, contractors, and
subcontractors complies with this Order.
IV.    DEFINITIONS
Unless otherwise specified herein, the definitions set forth in RCW 70.105D, WAC 173-
204, and WAC 173-340 shall control the meanings of the terms in this Order.

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A.     Site: The Site is referred to as the South Park Marina Site. The Site constitutes a
facility under RCW 70.105D.020(8). The Site is defined by where a hazardous substance, other
than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or
otherwise come to be located. Based upon factors currently known to Ecology, the Site is generally
located at 8604/8544 Dallas Avenue South in Seattle, Washington as shown in the Site Location
Diagram (Exhibit A).
B.      Parties: Refers to the State of Washington, Department of Ecology, SPM, the Port,
and the City.
C.      Potentially Liable Persons (PLPs): Refers to SPM, the Port, and the City.
D.     Agreed Order or Order: Refers to this Order and each of the exhibits to this Order.
All exhibits are integral and enforceable parts of this Order. 
E.      South Park Marina Property: Refers to King County parcel numbers 2185600070,
2185600025, and 0001600001, comprising 8604 Dallas Avenue South, Seattle, WA 98108.
F.      A&B Barrel Parcel: Refers to a historical parcel that is currently the southeast
portion of King County parcel number 0001600001.
V.      FINDINGS OF FACT
Ecology makes the following findings of fact, without any express or implied admissions
of such facts by PLPs:
A.     Based upon factors currently known to Ecology, the Site is generally located at
8604 Dallas Avenue, Seattle, WA on the west bank of the Lower Duwamish Waterway in the
South Park area of Seattle. The Facility Site ID is 44653368 and the Facility Site name is South
Park Marina. The Site has also been known as the Willard S. Crow Site and the A&B Barrel Parcel
has been known as the A&B Barrel Co. Site.
B.      Uses of the South Park Marina Property, located within the Site, have been
identified as far back as the 1930s. Aerial photos from the 1930s show a service station, residential
buildings, and modifications to the bank of the river. In 1946, the A&B Barrel Parcel was
purchased by John R. Angle and R.W. Butz. From 1946 to 1960, the A&B Barrel Company (also

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referred to in some documents as A&B Barrell), a drum reconditioning operation, occupied and
operated on the A&B Barrel Parcel. Between the mid-1950s and 1960, operations included a waste
disposal pond. Oils, grease, and sodium hydroxide were reportedly discharged to the pond. In
September 1960, a large fire took place in which barrels, a large wood and aluminum structure,
and nearby utility poles were burned. Wood fires are known to create and release dioxins. In 1961,
the A&B Barrel Parcel was vacated, a building removed, and the pond filled with soil. After the
area was regraded, SPM began occupying the property in 1970 and used the property for boat
repair and maintenance facilities, upland boat storage, boat haul-out services, a boat-launch ramp,
and moorage slips in the LDW. The South Park Marina Property is currently owned by SPM,
which operates a commercial marina on the property.
C.      In 1959, the A&B Barrel Parcel was purchased in fee simple by the Commercial
Waterway District #1 of King County (CWD) and leased back to A&B Barrel. In August 1963,
the Port passed a resolution accepting the CWD's assets, liabilities, and functions and soon
thereafter the CWD was dissolved and its assets transferred to the Port. In 1978 the Port sold the
A&B Barrel Parcel to the Gary Merlino Construction Company. In 1980, Gary Merlino
Construction sold the A&B Barrel Parcel to Willard and Rose Marie Crow. In 1993, the Crows
quitclaimed the parcel to SPM, an entity they formed for the purpose of owning and operating
South Park Marina. SPM has owned the parcel from 1993 to the present.
D.     On January 14, 2014, the Port and the City conducted a remedial action to address
the adjacent Malarkey Asphalt/Terminal 117 (T117) property and excavated along the shoreline,
close to the boundary of the South Park Marina Property, which resulted in the exposure of
contaminated soil and groundwater and the release of an oily sheen into the Lower Duwamish
Waterway from the South Park Marina Property.
E.      Studies have shown PCB contamination located within the City's Dallas Avenue
South right-of-way (ROW). The City conducted removal actions in the Streets and Yards adjacent
to the Malarkey Asphalt/T117 property under a United States Environmental Protection Agency
(USEPA) Order for an Early Action Area (EAA) Non-Time-Critical Removal Action (NTCRA)

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under the federal Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) (T117 EAA NTCRA) between 2012 and 2017 to remove PCB contamination from
Adjacent Streets and Residential Yards, as defined in the T117 EAA NTCRA. The remediation of
certain streets adjacent to T117 and the South Park Marina Property has been completed as
required under the T117 EAA NTCRA. PCB contamination is also located within the South Park
Marina Property. Stormwater runoff from the Dallas Avenue South ROW has historically been
poorly controlled but is currently addressed as a result of USEPA's T117 EAA NTCRA
remediation. As a result of the remediation work, any street runoff that historically may have
drained from the Dallas Avenue South ROW then onto and across the South Park Marina Property
has been routed into the City drainage system and no longer flows onto and across the South Park
Marina Property.
F.      The Port and the City conducted cleanup of the Malarkey Asphalt/T117 property
under the T117 EAA NTCRA between 2012 and 2017. EPA approval of the Completion Reports
for this work was received in November 2013 (Yards); November 2017 (Adjacent Streets); and
July 2018 (Uplands and Sediments). Contaminants of concern at the Malarkey Asphalt/T117 site
include, but are not limited to: PCBs and dioxins/furans.
G.     In 2008 Ecology issued a report prepared by SAIC, Inc. titled South Park Marina
Seattle, Washington Additional Site Characterization Activities Data Report Final. This report
summarizes sampling and testing of soil, groundwater, river bank soil, and intertidal sediment in
the general area of A&B Barrel Company operations. Soil samples from the former A&B Barrel
Company's pond area at depths of 1.5 to 7.5 feet below ground surface contained concentrations
of gasoline and diesel range organics; benzene, ethylbenzene, toluene, and xylenes (BTEX); PCBs;
dichlorodiphenyltrichloroethane (DDT); methylene chloride; tetrachloroethene (PCE);
trichloroethene (TCE); cadmium; chromium; lead; and mercury at concentrations above the
MTCA Method A cleanup levels. Aldrin, dieldrin, and vinyl chloride were detected at
concentrations above the MTCA Method B cleanup levels in the former pond area. Soil samples
collected in 2007 from outside the former pond area (but within the presumed footprint of former

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A&B Barrel Company operations) contained arsenic and chromium at concentrations above the
MTCA Method A cleanup level. Groundwater samples collected from three monitoring wells at
the Site in 2007 contained concentrations of dieldrin above the MTCA Method B cleanup level,
and arsenic above the MTCA Method A cleanup level. Intertidal sediment samples were collected
in March 2008.
H.     In 2009, Ecology issued a technical memo, prepared by SAIC, entitled South Park
Marina Sediment Recontamination Assessment. The memo was prepared to evaluate the potential
pathways for site identified contaminants of concern (COCs) to reach the Lower Duwamish
Waterway. The memo evaluated two probable recontamination pathways, including groundwater
leaching of soil contaminants and erosional input of contaminated soil or sediment. The
conclusions stated that, "although surface sediments collected at SPM [South Park Marina Site]
were found to be in exceedance of [Sediment Management Standards] criteria for total PCBs
(SAIC 2008a), SPM-sourced COCs may not have been responsible for this contamination, nor are
SPM-sourced COCs expected to cause additional future exceedances."
VI.    ECOLOGY DETERMINATIONS
Ecology makes the following determinations, without any express or implied admissions
of such determinations (and underlying facts) by the PLPs.
A.     SPM is a current "owner or operator" as defined in RCW 70.105D.020(22) of a
"facility" as defined in RCW 70.105D.020(8).
B.      Based upon all factors known to Ecology, a "release" or "threatened release" of
"hazardous substance(s)" as defined in RCW 70.105D.020(32) and (13), respectively, has occurred
at property currently owned by SPM which is part of the "facility".
C.      Based upon credible evidence, Ecology issued a PLP status letter to SPM dated
February 10, 2016 pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. After
providing for notice and opportunity for comment, reviewing any comments submitted, and
concluding that credible evidence supported a finding of potential liability, Ecology issued a

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determination that SPM is a PLP under RCW 70.105D.040 and notified SPM of this determination
by letter dated April 1, 2016.
D.     The CWD was an "owner or operator" as defined in RCW 70.105D.020(22) of a
"facility" as defined in RCW 70.105D.020(8) at the time of a release. The Port has assumed
responsibility for the liabilities of the CWD.
E.      Based upon all factors known to Ecology, a "release" or "threatened release" of
"hazardous substance(s)" as defined in RCW 70.105D.020(32) and (13), respectively, has occurred
at the "facility" while the CWD was an "owner or operator".
F.      Based upon credible evidence, Ecology issued a PLP status letter to the Port dated
May 9, 2016 pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. After providing
for notice and opportunity for comment, reviewing any comments submitted, and concluding that
credible evidence supported a finding of potential liability, Ecology issued a determination that
the Port is a PLP under RCW 70.105D.040 and notified the Port of this determination by letter
dated November 3, 2016.
G.     The City is a current "owner or operator" of the right-of-way adjacent to the South
Park Marina, and such right-of-way is a "facility" as defined in RCW 70.105D.020(8). The City
was also an "arranger" who owned or possessed a hazardous substance and who by contract,
agreement, or otherwise arranged for disposal or treatment of the hazardous substance as defined
in RCW 70.105D.020(8).
H.     Based upon all factors known to Ecology, a "release" or "threatened release" of
"hazardous substance(s)" as defined in RCW 70.105D.020(32) and (13), respectively, has occurred
at property currently owned by the City which is part of the "facility."
I.       Based upon credible evidence, Ecology issued a PLP status letter to the City dated
June 7, 2016 pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. After providing
for notice and opportunity for comment, reviewing any comments submitted, and concluding that
credible evidence supported a finding of potential liability, Ecology issued a determination that

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the City is a PLP under RCW 70.105D.040 and notified the City of this determination by letter
dated October 10, 2016.
J.       Pursuant to RCW 70.105D.030(1) and .050(1), Ecology may require PLPs to
investigate or conduct other remedial actions with respect to any release or threatened release of
hazardous substances, whenever it believes such action to be in the public interest. Based on the
foregoing facts, Ecology believes the remedial actions required by this Order are in the public
interest.
K.     Under WAC 173-340-430, an interim action is a remedial action that is technically
necessary to reduce a threat to human health or the environment by eliminating or substantially
reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that
may become substantially worse or cost substantially more to address if the remedial action is
delayed, or that is needed to provide for completion of a site hazard assessment, remedial
investigation/feasibility study, or design of a cleanup action plan. Either party may propose an
interim action under this Order. If the Parties are in agreement concerning the interim action, the
Parties will follow the process in Section VII.E. If the Parties are not in agreement, Ecology
reserves its authority to require interim action(s) under a separate order or other enforcement action
under RCW 70.105D, or to undertake the interim action itself.
VII. WORK TO BE PERFORMED
Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the
PLPs take the following remedial actions at the Site. These remedial actions must be conducted in
accordance with WAC 173-340 and 173-204:
A.     The PLPs will conduct a Remedial Investigation in accordance with the Scope of
Work and Schedule (Exhibit B) and all other requirements of this Order.
B.      If PLPs learn of a significant change in conditions at the Site, including but not
limited to a statistically significant increase in contaminant and/or chemical concentrations in soil,
groundwater, air or sediments, the PLPs, within seven (7) days of learning of the change in

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condition, shall notify Ecology in writing of said change and provide Ecology with any reports or
records (including laboratory analyses, sampling results) relating to the change in conditions.
C.      Unless otherwise specified by Ecology, PLPs shall submit to Ecology written
monthly Progress Reports that describe the actions taken during the previous month to implement
the requirements of this Order. All Progress Reports shall be submitted by the fifteenth (15th) day
of the month in which they are due after the effective date of this Order. Unless otherwise specified
by Ecology, Progress Reports and any other documents submitted pursuant to this Order shall be
sent by certified mail, return receipt requested, to Ecology's project coordinator. The Progress
Reports shall include the following:
1. A list of on-site activities that have taken place during the month, and a list of
activities planned for the next reporting period.
2. Detailed description of any deviations from required tasks not otherwise
documented in project plans or amendment requests.
3. Description of all deviations from the Scope of Work and Schedule (Exhibit B)
during the current month and any planned deviations in the upcoming month.
4. For any deviations in schedule, a plan for recovering lost time and maintaining
compliance with the schedule.
5. All validated data (including laboratory analyses) received during the previous
month (if not previously submitted to Ecology), together with a detailed description
of the underlying samples collected.
6. A list of deliverables for the upcoming month if different from the schedule.
D.     All plans or other deliverables submitted by the PLPs for Ecology's review and
approval under the Scope of Work and Schedule (Exhibit B) shall, upon Ecology's approval,
become integral and enforceable parts of this Order.
E.      If the Parties agree on an interim action under Section VI.K, the PLPs shall prepare
and submit to Ecology an Interim Action Work Plan, including a scope of work and schedule, by
the date determined by Ecology. Ecology will provide public notice and opportunity to comment

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on the Interim Action Work Plan in accordance with WAC 173-340-600(16). The PLPs shall not
conduct the interim action until Ecology approves the Interim Action Work Plan. Upon approval
by Ecology, the Interim Action Work Plan becomes an integral and enforceable part of this Order,
and PLPs are required to conduct the interim action in accordance with the approved Interim
Action Work Plan.
F.      If Ecology determines that the PLPs have failed to make sufficient progress or
failed to implement the remedial action, in whole or in part, Ecology may, after notice to the PLPs,
perform any or all portions of the remedial action or at Ecology's discretion allow the PLPs an
opportunity to correct. In an emergency, Ecology is not required to provide notice to PLPs, or an
opportunity for dispute resolution. The PLPs shall reimburse Ecology for the costs of doing such
work in accordance with Section VIII.A (Remedial Action Costs). Ecology reserves the right to
enforce requirements of this Order under Section X (Enforcement).
G.     Except where necessary to abate an emergency situation or where required by law,
the PLPs shall not perform any remedial actions at the Site outside those remedial actions required
by this Order to address the contamination that is the subject of this Order, unless Ecology concurs,
in writing, with such additional remedial actions pursuant to Section VIII.J (Amendment of Order).
In the event of an emergency, or where actions are taken as required by law, the PLPs must notify
Ecology in writing of the event and remedial action(s) planned or taken as soon as practical but no
later than within twenty-four (24) hours of the discovery of the event.
VIII. TERMS AND CONDITIONS
A.     Payment of Remedial Action Costs
The PLPs shall pay to Ecology costs incurred by Ecology pursuant to this Order and
consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology or
its contractors for, or on, the Site under RCW 70.105D, including remedial actions and Order
preparation, negotiation, oversight, and administration. These costs shall include work performed
both prior to and subsequent to the issuance of this Order. Ecology's costs shall include costs of
direct activities and support costs of direct activities as defined in WAC 173-340-550(2). Ecology

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has accumulated $68,163.42 in remedial action costs related to this Site as of as of July 31, 2018.
For all Ecology costs incurred, the PLPs shall pay the required amount within thirty (30) days of
receiving from Ecology an itemized statement of costs that includes a summary of costs incurred,
an identification of involved staff, a general statement of work performed, and the amount of time
spent by involved staff members on the project. Itemized statements shall be prepared quarterly.
Pursuant to WAC 173-340-550(4), failure to pay Ecology's costs within ninety (90) days of receipt
of the itemized statement of costs will result in interest charges at the rate of twelve percent (12%)
per annum, compounded monthly.
In addition to other available relief, pursuant to RCW 19.16.500, Ecology may utilize a
collection agency and/or, pursuant to RCW 70.105D.055, file a lien against real property subject
to the remedial actions to recover unreimbursed remedial action costs.
B.      Designated Project Coordinators
The project coordinator for Ecology is:
Mark Adams
Washington Department of Ecology
Northwest Regional Office
Toxics Cleanup Program
3190 160th Avenue SE
Bellevue, WA 98008
Telephone: (425) 649-7107
mada461@ecy.wa.gov
The interim project coordinator (final project coordinator will be substituted when a
common consultant is retained) for the PLPs is:
Allison Crowley
PO Box 34023
Seattle, WA 98124-4023
206-684-3167
Allison.crowley@seattle.gov
Each project coordinator shall be responsible for overseeing the implementation of this Order.
Ecology's project coordinator will be Ecology's designated representative for the Site. To the
maximum extent possible, communications between Ecology and the PLPs, and all documents,
including reports, approvals, and other correspondence concerning the activities performed

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pursuant to the terms and conditions of this Order shall be directed through the project
coordinators. The project coordinators may designate, in writing, working level staff contacts for
all or portions of the implementation of the work to be performed required by this Order.
Any party may change its respective project coordinator. Written notification shall be given
to the other party at least ten (10) calendar days prior to the change.
C.     Performance
All geologic and hydrogeologic work performed pursuant to this Order shall be under the
supervision and direction of a geologist or hydrogeologist licensed by the State of Washington or
under the direct supervision of an engineer registered by the State of Washington, except as
otherwise provided for by RCW 18.43 and 18.220.
All engineering work performed pursuant to this Order shall be under the direct supervision
of a professional engineer registered by the State of Washington, except as otherwise provided for
by RCW 18.43.130.
All construction work performed pursuant to this Order shall be under the direct
supervision of a professional engineer or a qualified technician under the direct supervision of a
professional engineer. The professional engineer must be registered by the State of Washington,
except as otherwise provided for by RCW 18.43.130.
Any documents submitted containing geologic, hydrogeologic, or engineering work shall
be under the seal of an appropriately licensed professional as required by RCW 18.43 and 18.220. 
The PLPs shall notify Ecology in writing of the identity of any engineer(s) and geologist(s),
contractor(s) and subcontractor(s), and others to be used in carrying out the terms of this Order, in
advance of their involvement at the Site.
D.     Access
Ecology or any Ecology authorized representative shall have access to enter and freely
move about all property at the Site that a PLP either owns, controls, or has access rights to at all
reasonable times for the purposes of, inter alia: inspecting records, operation logs, and contracts
related to the work being performed pursuant to this Order; reviewing the PLPs' progress in

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carrying out the terms of this Order; conducting such tests or collecting such samples as Ecology
may deem necessary; using a camera, sound recording, or other documentary type equipment to
record work done pursuant to this Order; and verifying the data submitted to Ecology by the PLPs.
The PLPs shall make all reasonable efforts to secure access rights for those properties within the
Site not owned or controlled by a PLP where remedial activities or investigations will be performed
pursuant to this Order. If the PLPs are unable to obtain access to property none of them owns with
reasonable efforts, Ecology will take reasonable steps to assist the PLPs in securing the necessary
access. Ecology or any Ecology authorized representative shall give reasonable notice before
entering any Site property owned or controlled by a PLP unless an emergency prevents such notice.
All persons who access the Site pursuant to this section shall comply with any applicable health
and safety plan(s). Ecology employees and their representatives shall not be required to sign any
liability release or waiver as a condition of Site property access.
E.      Sampling, Data Submittal, and Availability
With respect to the implementation of this Order, the PLPs shall make the results of all
sampling, laboratory reports, and/or test results generated by it or on its behalf available to
Ecology. Pursuant to WAC 173-340-840(5), all sampling data shall be submitted to Ecology in
both printed and electronic formats in accordance with Section VII (Work to be Performed),
Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and/or any
subsequent procedures specified by Ecology for data submittal. 
If requested by Ecology, the PLPs shall allow Ecology and/or its authorized representative
to take split or duplicate samples of any samples collected by a PLP pursuant to implementation
of this Order. The PLPs shall notify Ecology seven (7) days in advance of any sample collection
or work activity at the Site. Ecology shall, upon request, allow a PLP and/or its authorized
representative to take split or duplicate samples of any samples collected by Ecology pursuant to
the implementation of this Order, provided that doing so does not interfere with Ecology's
sampling. Without limitation on Ecology's rights under Section VIII.D (Access), Ecology shall
notify the PLPs prior to any sample collection activity unless an emergency prevents such notice.

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In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be
conducted by a laboratory accredited under WAC 173-50 for the specific analyses to be conducted,
unless otherwise approved by Ecology.
F.      Public Participation
Ecology shall maintain the responsibility for public participation at the Site. However, the
PLPs shall cooperate with Ecology, and shall:
1.      If agreed to by Ecology, develop appropriate mailing lists and prepare drafts
of public notices and fact sheets at important stages of the remedial action, such as the
submission of work plans and remedial investigation reports. As appropriate, Ecology will
edit, finalize, and distribute such fact sheets and prepare and distribute public notices of
Ecology's presentations and meetings.
2.      Notify Ecology's project coordinator prior to the preparation of all press
releases and fact sheets, and before meetings related to remedial action work to be
performed at the Site with the interested public and/or local governments. Ecology shall
notify the PLPs prior to the issuance of all press releases and fact sheets related to the Site,
and before meetings related to the Site with the interested public and local governments.
For all press releases, fact sheets, meetings, and other outreach efforts by the PLPs that do
not receive prior Ecology approval, the PLPs shall clearly indicate to its audience that the
press release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed
by Ecology. 
3.      When requested by Ecology, participate in public presentations on the
progress of the remedial action at the Site. Participation may be through attendance at
public meetings to assist in answering questions or as a presenter. 
4.      When requested by Ecology, arrange and/or continue information
repositories to be located at the following locations:
a.       Seattle Public Library  South Park Branch
8604 Eighth Ave S. at South Cloverdale St
Seattle, WA 98108

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b.      Ecology's Northwest Regional Office
3190 160th Avenue SE
Bellevue, WA 98008
At a minimum, copies of all public notices, fact sheets, and documents relating to public comment
periods shall be promptly placed in these repositories. A copy of all documents related to this Site
shall be maintained in the repository at Ecology's Northwest Regional Office in Bellevue,
Washington.
G.     Retention of Records
During the pendency of this Order, and for ten (10) years from the date of completion of
work performed pursuant to this Order, the PLPs shall preserve all records, reports, documents,
and underlying data in its possession relevant to the implementation of this Order and shall insert
a similar record retention requirement into all contracts with project contractors and
subcontractors. Upon request of Ecology, the PLPs shall make all records available to Ecology
and allow access for review within a reasonable time.
Nothing in this Order is intended to waive any right the PLPs may have under applicable
law to limit disclosure of documents protected by the attorney work-product privilege and/or the
attorney-client privilege. If a PLP withholds any requested records based on an assertion of
privilege, that PLP shall provide Ecology with a privilege log specifying the records withheld and
the applicable privilege. No Site-related data collected pursuant to this Order shall be considered
privileged.
H.     Resolution of Disputes
1.      In the event that a PLP elects to invoke dispute resolution, that PLP must utilize the
procedure set forth below.
a.       Upon the triggering event (receipt of Ecology's project coordinator's
written decision or an itemized billing statement), the PLP has fourteen (14) calendar days
within which to notify Ecology's project coordinator in writing of its dispute (Informal
Dispute Notice).

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b.      The Parties' project coordinators shall then confer in an effort to resolve the
dispute informally. The parties shall informally confer for up to fourteen (14) calendar days
from receipt of the Informal Dispute Notice. If the project coordinators cannot resolve the
dispute within those 14 calendar days, then within seven (7) calendar days Ecology's
project coordinator shall issue a written decision (Informal Dispute Decision) stating: the
nature of the dispute; the PLP's position with regards to the dispute; Ecology's position
with regards to the dispute; and the extent of resolution reached by informal discussion.
c.       The PLP may then request regional management review of the dispute. This
request (Formal Dispute Notice) must be submitted in writing to the Northwest Region
Toxics Cleanup Section Manager within seven (7) calendar days of receipt of Ecology's
Informal Dispute Decision. The Formal Dispute Notice shall include a written statement
of dispute setting forth: the nature of the dispute; the disputing Party's position with respect
to the dispute; and the information relied upon to support its position.
d.      The Section Manager shall conduct a review of the dispute and shall issue
a written decision regarding the dispute (Decision on Dispute) within thirty (30) calendar
days of receipt of the Formal Dispute Notice. The Decision on Dispute shall be Ecology's
final decision on the disputed matter.
2.      The Parties agree to only utilize the dispute resolution process in good faith and
agree to expedite, to the extent possible, the dispute resolution process whenever it is used.
3.      Implementation of these dispute resolution procedures shall not provide a basis for
delay of any activities required in this Order, unless Ecology agrees in writing to a schedule
extension.
4.      In case of a dispute, failure to either proceed with the work required by this Order
or timely invoke dispute resolution may result in Ecology's determination that insufficient
progress is being made in preparation of a deliverable, and may result in Ecology undertaking the
work under Section VII (Work to be Performed) or initiating enforcement under Section X
(Enforcement).

Agreed Order No. DE 16185
Page 18 of 24

I.       Extension of Schedule
1.      The PLPs' request for an extension of schedule shall be granted only when a request
for an extension is submitted in a timely fashion, generally at least thirty (30) days prior to
expiration of the deadline for which the extension is requested, and good cause exists for granting
the extension. All extensions shall be requested in writing. The request shall specify:
a.       The deadline that is sought to be extended.
b.      The length of the extension sought.
c.       The reason(s) for the extension.
d.      Any related deadline or schedule that would be affected if the extension
were granted.
2.      The burden shall be on the PLPs to demonstrate to the satisfaction of Ecology that
the request for such extension has been submitted in a timely fashion and that good cause exists
for granting the extension. Good cause may include, but may not be limited to:
a.       Circumstances beyond the reasonable control and despite the due diligence
of the PLPs including delays caused by unrelated third parties or Ecology, such as (but not
limited to) labor strikes or delays by Ecology in reviewing, approving, or modifying
documents submitted by the PLPs.
b.      Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or
other unavoidable casualty.
c.       Endangerment as described in Section VIII.K (Endangerment). 
However, neither increased costs of performance of the terms of this Order nor changed economic
circumstances shall be considered circumstances beyond the reasonable control of the PLPs.
3.      Ecology shall act upon the PLPs' written request for extension in a timely fashion.
Ecology shall give the PLPs written notification of any extensions granted pursuant to this Order.
A requested extension shall not be effective until approved by Ecology. Unless the extension is a
substantial change, it shall not be necessary to amend this Order pursuant to Section VIII.J
(Amendment of Order) when a schedule extension is granted.

Agreed Order No. DE 16185
Page 19 of 24

4.      At the PLPs' request, an extension shall only be granted for such period of time as
Ecology determines is reasonable under the circumstances. Ecology may grant schedule extensions
exceeding ninety (90) days only as a result of one of the following:
a.       Delays in the issuance of a necessary permit which was applied for in a
timely manner.
b.      Other circumstances deemed exceptional or extraordinary by Ecology.
c.       Endangerment as described in Section VIII.K (Endangerment). 
J.       Amendment of Order
The project coordinators may verbally agree to minor changes to the work to be performed
without formally amending this Order. Minor changes will be documented in writing by Ecology
within seven (7) days of verbal agreement.
Except as provided in Section VIII.L (Reservation of Rights), substantial changes to the
work to be performed shall require formal amendment of this Order. This Order may only be
formally amended by the written consent of both Ecology and the PLPs. Ecology will provide its
written consent to a formal amendment only after public notice and opportunity to comment on
the formal amendment.
When requesting a change to the Order, the PLPs shall submit a written request to Ecology
for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner
after the written request is received. If Ecology determines that the change is substantial, then the
Order must be formally amended. Reasons for the disapproval of a proposed change to this Order
shall be stated in writing. If Ecology does not agree to a proposed change, the disagreement may
be addressed through the dispute resolution procedures described in Section VIII.H (Resolution of
Disputes).
The Parties anticipate that this Order will be formally amended in the future to include
conducting a Feasibility Study and a preliminary Draft Cleanup Action Plan as additional tasks.
This amendment may be initiated by Ecology or any of the PLPs and will require public notice
and opportunity to comment prior to formal amendment.

Agreed Order No. DE 16185
Page 20 of 24

K.     Endangerment
In the event Ecology determines that any activity being performed at the Site under this
Order is creating or has the potential to create a danger to human health or the environment on or
surrounding the Site, Ecology may direct the PLPs to cease such activities for such period of time
as it deems necessary to abate the danger. The PLPs shall immediately comply with such direction.
In the event the PLPs determine that any activity being performed at the Site under this
Order is creating or has the potential to create a danger to human health or the environment, the
PLPs may cease such activities. The PLPs shall notify Ecology's project coordinator as soon as
possible, but no later than twenty-four (24) hours after making such determination or ceasing such
activities. Upon Ecology's direction, the PLPs shall provide Ecology with documentation of the
basis for the determination or cessation of such activities. If Ecology disagrees with the PLPs'
cessation of activities, it may direct the PLPs to resume such activities.
If Ecology concurs with or orders a work stoppage pursuant to this section, the PLPs'
obligations with respect to the ceased activities shall be suspended until Ecology determines the
danger is abated, and the time for performance of such activities, as well as the time for any other
work dependent upon such activities, shall be extended in accordance with Section VIII.I
(Extension of Schedule) for such period of time as Ecology determines is reasonable under the
circumstances.
Nothing in this Order shall limit the authority of Ecology, its employees, agents, or
contractors to take or require appropriate action in the event of an emergency.
L.      Reservation of Rights
This Order is not a settlement under RCW 70.105D. Ecology's signature on this Order in
no way constitutes a covenant not to sue or a compromise of any of Ecology's rights or authority.
Ecology will not, however, bring an action against the PLPs to recover remedial action costs paid
to and received by Ecology under this Order. In addition, Ecology will not take additional
enforcement actions against the PLPs regarding remedial actions required by this Order, provided
the PLPs comply with this Order.

Agreed Order No. DE 16185
Page 21 of 24

Ecology nevertheless reserves its rights under RCW 70.105D, including the right to require
additional or different remedial actions at the Site should it deem such actions necessary to protect
human health or the environment, and to issue orders requiring such remedial actions. Ecology
also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting
from the release or threatened release of hazardous substances at the Site.
By entering into this Order, the PLPs do not admit to any liability for the Site. Although
the PLPs are committing to conducting the work required by this Order under the terms of this
Order, the PLPs expressly reserve all rights available under law, including but not limited to the
right to seek cost recovery or contribution against third parties, and the right to assert any defenses
to liability in the event of enforcement.
M.    Transfer of Interest in Property
No voluntary conveyance or relinquishment of title, easement, leasehold, or other interest
in any portion of the Site shall be consummated by the PLPs without provision for continued
implementation of all requirements of this Order and implementation of any remedial actions
found to be necessary as a result of this Order.
Prior to a PLP's transfer of any interest in all or any portion of the Site, and during the
effective period of this Order, that PLP shall provide a copy of this Order to any prospective
purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least thirty (30)
days prior to any transfer, that PLP shall notify Ecology of said transfer. Upon transfer of any
interest, that PLP shall notify all transferees of the restrictions on the activities and uses of the
property under this Order and incorporate any such use restrictions into the transfer documents.
N.     Compliance with Applicable Laws
1.      Applicable Laws. All actions carried out by the PLPs pursuant to this Order shall
be done in accordance with all applicable federal, state, and local requirements, including
requirements to obtain necessary permits or approvals, except as provided in RCW 70.105D.090.
At this time, no federal, state, or local requirements have been identified as being applicable to the
actions required by this Order. The PLPs have a continuing obligation to identify additional

Agreed Order No. DE 16185
Page 22 of 24

applicable federal, state, and local requirements which apply to actions carried out pursuant to this
Order, and to comply with those requirements. As additional federal, state, and local requirements
are identified by Ecology or the PLPs, Ecology will document in writing if they are applicable to
actions carried out pursuant to this Order, and the PLPs must implement those requirements. 
2.      Relevant and Appropriate Requirements. All actions carried out by the PLPs
pursuant to this Order shall be done in accordance with relevant and appropriate requirements
identified by Ecology. At this time, no relevant and appropriate requirements have been identified
as being applicable to the actions required by this Order. If additional relevant and appropriate
requirements are identified by Ecology or the PLPs, Ecology will document in writing if they are
applicable to actions carried out pursuant to this Order and the PLPs must implement those
requirements.
3.      Pursuant to RCW 70.105D.090(1), the PLPs may be exempt from the procedural
requirements of RCW 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 and of any laws requiring or
authorizing local government permits or approvals. However, the PLPs shall comply with the
substantive requirements of such permits or approvals. For permits and approvals covered under
RCW 70.105D.090(1) that have been issued by local government, the Parties agree that Ecology
has the non-exclusive ability under this Order to enforce those local government permits and/or
approvals. At this time, no state or local permits or approvals have been identified as being
applicable but procedurally exempt under this section.
4.      The PLPs have a continuing obligation to determine whether additional permits or
approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action
under this Order. In the event either Ecology or the PLPs determine that additional permits or
approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action
under this Order, it shall promptly notify the other party of its determination. Ecology shall
determine whether Ecology or the PLPs shall be responsible to contact the appropriate state and/or
local agencies. If Ecology so requires, the PLPs shall promptly consult with the appropriate state
and/or local agencies and provide Ecology with written documentation from those agencies of the

Agreed Order No. DE 16185
Page 23 of 24

substantive requirements those agencies believe are applicable to the remedial action. Ecology
shall make the final determination on the additional substantive requirements that must be met by
the PLPs and on how the PLPs must meet those requirements. Ecology shall inform the PLPs in
writing of these requirements. Once established by Ecology, the additional requirements shall be
enforceable requirements of this Order. The PLPs shall not begin or continue the remedial action
potentially subject to the additional requirements until Ecology makes its final determination.
Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the exemption
from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(1)
would result in the loss of approval from a federal agency that is necessary for the state to
administer any federal law, the exemption shall not apply and the PLPs shall comply with both the
procedural and substantive requirements of the laws referenced in RCW 70.105D.090(1),
including any requirements to obtain permits or approvals.
O.     Indemnification
The PLPs agree to indemnify and save and hold the State of Washington, its employees,
and agents harmless from any and all claims or causes of action (1) for death or injuries to persons,
or (2) for loss or damage to property, to the extent arising from or on account of acts or omissions
of the PLPs, their officers, employees, agents, or contractors in entering into and implementing
this Order. However, the PLPs shall not indemnify the State of Washington nor save nor hold its
employees and agents harmless from any claims or causes of action to the extent arising out of the
negligent acts or omissions of the State of Washington, or the employees or agents of the State, in
entering into or implementing this Order.
IX.    SATISFACTION OF ORDER
The provisions of this Order shall be deemed satisfied upon the PLPs' receipt of written
notification from Ecology that the PLPs have completed the remedial activity required by this
Order, as amended by any modifications, and that the PLPs have complied with all other provisions
of this Agreed Order.

Agreed Order No. DE 16185
Page 24 of 24

X.     ENFORCEMENT
Pursuant to RCW 70.105D.050, this Order may be enforced as follows:
A.    The Attorney General may bring an action to enforce this Order in a state or federal
court.
B.     The Attorney General may seek, by filing an action, if necessary, to recover
amounts spent by Ecology for investigative and remedial actions and orders related to the Site.
C.     A liable party who refuses, without sufficient cause, to comply with any term of
this Order will be liable for:
1.      Up to three (3) times the amount of any costs incurred by the State of
Washington as a result of its refusal to comply.
2.      Civil penalties of up to twenty-five thousand dollars ($25,000) per day for
each day it refuses to comply.
D.    This Order is not appealable to the Washington Pollution Control Hearings Board.
This Order may be reviewed only as provided under RCW 70.105D.060.
Effective date of this Order: _________________________________
South Park Marina LP                       STATE OF WASHINGTON 
DEPARTMENT OF ECOLOGY

Guy Crow                                Robert Warren
c/o South Park Marina                            Section Manager
8604 Dallas Ave. S                               Toxics Cleanup Program
Seattle, WA 98108                              Northwest Regional Office
Port of Seattle                                     City of Seattle

Stephen P. Metruck                              Jenny A. Durkan
Executive Director                                Mayor
Port of Seattle                                        City of Seattle
P.O. Box 1209                                 600 4th Ave., Floor 7
Seattle, WA 98121-1209                        Seattle, WA98104

EXHIBIT A 
SITE LOCATION DIAGRAM
SOUTH PARK MARINA

Duwamish Waterway
S TH A VE
DA
L
14                    L
A
S
A
V
E
S                 South Park Marina
Study Area.
S CLOVERDALE ST
AV E S
200    100     0 Feet                                     TH
Service Layer Credits: Sources: Esri, HERE, DeLorme, USGS, Intermap,               16
INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri                                                                     

South Park Marina Preliminary Site Map.

EXHIBIT B 
SCOPE OF WORK (SOW) and SCHEDULE
SOUTH PARK MARINA

PURPOSE
The work under this Agreed Order (AO) involves conducting a Remedial Investigation (RI) for
the Site. The AO also provides for Interim Action(s), should they be necessary. The purpose of the
RI is to provide sufficient data, analysis, and evaluations to enable selection of a cleanup
alternative in a feasibility study (FS) for the Site. A final cleanup action will be chosen by Ecology
and established in a Cleanup Action Plan. The Parties anticipate that this SOW and Schedule will
be amended in the future to include conducting a Feasibility Study and a preliminary Draft Cleanup
Action Plan as additional tasks.
The PLPs shall coordinate with Ecology throughout the RI, and shall keep Ecology informed of
changes to project plans, and of issues and problems as they develop.
The SOW is divided into four major tasks as follows:
Task 1. Remedial Investigation Work Plan
Task 2. Remedial Investigation
Task 2a. Source Control Review Memorandum
Task 3. Interim Action(s) (if required)

TASK 1.    REMEDIAL INVESTIGATION WORK PLAN
The PLPs shall prepare a Remedial Investigation Work Plan (RI Work Plan). The RI Work Plan
shall include an overall description and schedule of all RI activities. The RI Work Plan shall clearly
describe the project management strategy for implementing and reporting on RI activities. The RI
Work Plan shall phase the RI work so that the initial focus is on Lower Duwamish Waterway
source control investigations relevant to the South Park Marina. The responsibility and authority
of all organizations and key personnel involved in conducting the RI will be outlined.
A Key Project Meeting will be held prior to commencing work on drafting the RI Work Plan - the
Remedial Investigation Planning Meeting. The purpose of this meeting is to review requirements
for the RI Work Plan and plan RI field work, discuss the preliminary Conceptual Site Model, and
identify project data needs and possible interim actions.
The RI Work Plan shall describe general facility information; site history and conditions, including
previous operations; past field investigations, including any data collection and analysis of soils,
air, groundwater, surface water, and sediments; a preliminary conceptual site model showing

Page 1 of 8

origin, source and distribution of contaminants, migration pathways in all environmental media,
and potential receptors; geology and groundwater system characteristics; past, current, and future
land use; identification of natural resources and ecological receptors; hazardous substances and
their sources, etc., in compliance with WAC 173-340-350 and WAC 173-204-560.
As part of the project background, existing environmental data on site soil, groundwater, surface
water, stormwater, catch basin solids, and sediments will be compiled and evaluated for data gaps.
The data gaps will be used as the basis for conducting additional site investigations, if necessary.
The RI Work Plan will also identify specific data collection procedures in a Sampling and Analysis
Plan (SAP) and Quality Assurance Project Plan (QAPP) as part of the RI Work Plan in compliance
with WAC 173-340-820 and WAC 173-204-600 for defining the nature and extent of
contamination. The PLPs will also submit a copy of the Health and Safety Plan (HASP) for the
project.
The SAP will identify the proposed number and location of all environmental samples and
methods, including soil borings, groundwater monitoring wells, soil, groundwater, stormwater,
seep, catch basin and sediment samples, approximate depths, and includes a QAPP. The SAP will
describe the sampling objectives, the rationale for the sampling approach (based upon the
identified data gaps), and plans for data use, and shall provide a detailed description of sampling
tasks. The SAP shall describe specifications for sample identifiers; sampling equipment; the type,
number, and location of samples to be collected; the analyses to be performed; descriptions of
sampling equipment and methods to be used; sample documentation; sample containers, collection
and handling; data and records management; and schedule.
The QAPP will be prepared in accordance with the Guidance for Preparation of Quality Assurance
Project Plans, EPA Region 10, Quality Data Management Program, QA/R-5 and requirements of
the EPA Contract Laboratory Program. The QAPP will also follow Ecology's Guidelines for
Preparing Quality Assurance Project Plans for Environmental Studies (July 2004)1 and Sediment
Sampling and Analysis Plan Appendix (February 2008).2 Laboratories must meet the accreditation
standards established in WAC 173-50. Data quality objectives will reflect the criteria or threshold
values used for the source control evaluation. In the event that these Guidance documents conflict,
the PLPs will consult with Ecology.
The SAP, including the QAPP, will be submitted to Ecology for review and approval. As with all
environmental work at the site, work may not begin without written approval from Ecology. The
plan shall provide three (3) days notice to Ecology prior to beginning sampling. Ecology may
obtain split samples.
The PLPs or their contractors shall submit all new validated sampling data generated under this
SAP and any other recently collected data to Ecology's Environmental Information Management
System (EIM) in accordance with WAC 173-340-840(5) and Ecology's Toxics Cleanup Program
Policy 840: Data Submittal Requirements. Validated data will be entered into the EIM database within
30 days of receipt by the PLPs or their contractors.

1 Found at http://www.ecy.wa.gov/biblio/0403030.html
2 Found at http://www.ecy.wa.gov/biblio/qapp.html

Page 2 of 8

RI Work Plan tasks and subtasks will include, but are not limited to, the following:
Sampling and analysis of soil, groundwater, and seeps;
Sampling and analysis of stormwater and catch basin solids to determine whether the
stormwater system is a source of contamination to sediments;
Evaluate the potential to contaminate or re-contaminate sediments, including analysis of
the following pathways:
o Direct discharges
o Stormwater discharges
o Overland flow
o Groundwater discharges and seeps
o Soil erosion
o Site operations
o Spills, dumping, leaks, housekeeping, and management practices
The PLPs will provide Ecology with an Agency Review Draft RI Work Plan. Once Ecology
reviews and approves the RI Work Plan, it will be considered the Final RI Work Plan. The RI
Work Plan shall not be implemented until approved by Ecology. Once approved by Ecology, the
PLPs will implement the Final RI Work Plan according to the Schedule in this Exhibit.
The PLPs shall prepare two (2) copies of the Agency Review Draft RI Work Plan and submit them,
including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review
and comment. After incorporating Ecology's comments on the Agency Review Draft RI Work
Plan and after Ecology approval, the PLPs shall prepare three (3) copies of the Final RI Work Plan
and submit them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to
Ecology.

TASK 2.    REMEDIAL INVESTIGATION
The PLPs shall conduct an RI that meets the requirements of WAC 173-340-350(7) and WAC
173-204-560 according to the RI Work Plan as approved by Ecology. The RI will determine the
origin, nature, distribution/fate and transport, and extent of contamination exceeding preliminary
Model Toxics Control Act (MTCA) cleanup levels, and other regulatory requirements. The RI
must provide data and information to define the nature and extent of contamination sufficiently to
select a cleanup action.
Field sampling and analysis will be completed in general accordance with the SAP and QAPP.
Deviation(s) from the approved SAP and QAPP must be communicated to Ecology promptly and
documented as required by Ecology.
The PLPs shall provide laboratory analysis data in electronic format when it has been validated.
Raw laboratory data will be provided to Ecology upon request.
Prior to submittal of the Agency Review Draft RI Report, a Key Project Meeting will be held - the
Remedial Investigation Pre-Report Check-In. In this meeting, Ecology and the PLPs will review

Page 3 of 8

available data and an updated conceptual site model and discuss the content and organization of
the Draft RI Report.
The PLPs shall compile the results of the RI into an Agency Review Draft RI Report. The PLPs
shall prepare two (2) copies of the Agency Review Draft RI Report and submit them, including
one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review and
comment.
After incorporating Ecology's comments on the Agency Review Draft RI Report, the PLPs shall
prepare three (3) copies of a Public Review Draft RI Report and submit them, including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for distribution and
public comment. Electronic survey data for monitoring locations, electronic lab data, and GIS
maps of contaminant distribution shall also be provided for both the Agency Review Draft RI
Report and Public Review Draft RI Report either in the report or as attachments. The RI Report
will not be considered Final until after a public review and comment period.
If the data collected during this investigation is insufficient to select a cleanup action, an additional
phase(s) of investigation shall be conducted to provide the needed information.

TASK 2a.   SOURCE CONTROL REVIEW MEMORANDUM
The PLPs shall prepare a Source Control Review Memorandum to summarize RI data as it applies
to the potential pathways of hazardous substances from this Site to the Lower Duwamish
Waterway according to the schedule contained in this Exhibit. Achieving this purpose requires an
investigation of three key pathways at the Site:
Soil leaching to ground water discharging to the Lower Duwamish Waterway through
sediment;
Contaminated soils entering the storm drain system and discharging to the Lower
Duwamish Waterway; and
Erosion of contaminated soil and transport to the Lower Duwamish Waterway via overland
flow or bank sloughing. 
The memorandum will also discuss the need (if any) for interim action(s) to address the pathway(s)
(if any) of hazardous substances from the Site to the Lower Duwamish Waterway.
The PLPs shall prepare two (2) copies of the Agency Review Draft Source Control Review
Memorandum and submit them, including one electronic copy each in Word (.doc) and Adobe
(.pdf) formats, to Ecology for review and comment. After incorporating Ecology's comments on
the Agency Review Draft Source Control Review Memorandum and after Ecology approval, the
PLPs shall prepare three (3) copies of the Final Source Control Review Memorandum and submit
them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology.
If Ecology determines that interim action(s) are warranted at the Site, the Parties will follow the
process detailed in Task 3 and the Agreed Order.

Page 4 of 8

TASK 3.    INTERIM ACTION(S) (if required) 
Remedial actions implemented prior to completion of the RI, including those that:
are technically necessary to reduce a threat to human health or the environment by
eliminating or substantially reducing one or more pathways for exposure to a hazardous
substance;
correct a problem that may become substantially worse or cost substantially more to
address if the remedial action is delayed; or
are needed to provide for completion of the remedial investigation.
will be considered interim actions, will be implemented in accordance with WAC 173-340-430
and the AO, and will be designed in a manner that will not foreclose reasonable alternatives for
any final cleanup action that may be required.
As detailed in the AO, if agreed to by the Parties and approved by Ecology, the PLPs will
implement an interim action. Based upon information in the Agency Review Draft RI Report,
interim action(s) may be needed to expedite control of releases to sediments or other environmental
media pursuant to WAC 173-340-430.
Implementation of an interim action shall not forestall or delay completion of the RI per the
Schedule.
The scope of the interim actions may include, but not be limited to, typical source control or
containment elements such as:
Soil removal
Groundwater remediation
Repair, slip lining, replacement, or closure of stormwater conveyances or other
structures such as conduit, vaults, catch basins, etc.
Removal of underground storage tanks and pipes
Removal of old drain fields or former surface impoundments
Proper abandonment of old wells
Removal of contaminated building or other structural material
Construction of a treatment facility
Shoreline stabilization such as bulkhead repair, erosion or seepage control, and grading or
clearing.
If an interim action is to be performed, the PLPs will prepare and submit for Ecology approval an
Agency Review Draft Interim Action Work Plan (IAWP) with detail commensurate with the work
to be performed. The Agency Review Draft IAWP shall include, as appropriate:
Description of the interim action including its purpose, general requirements, and
relationship to the (final) cleanup action (to the extent known);
Summary of relevant RI information, including at a minimum existing site conditions
and alternative interim actions considered;

Page 5 of 8

Information regarding design and construction requirements, including a proposed
schedule and personnel roles and responsibilities;
Compliance Monitoring Plan;
SAP/QAPP;
Permits required.
The PLPs will also submit a copy of the Health and Safety Plan for the project. The PLPs will be
responsible for complying with the State Environmental Policy Act (SEPA) Rules including
preparing and submitting an environmental checklist for the interim action, and will assist Ecology
with presentations at any additional meetings or hearings that might be necessary for SEPA
compliance or as part of the Public Participation Plan.
The PLPs shall prepare two (2) copies of the Agency Review Draft IAWP and submit them,
including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for
review. The PLPs shall incorporate Ecology's comments and then prepare two (2) copies of the
Public Review Draft IAWP and submit them, including one electronic copy each in Word (.doc)
and Adobe (.pdf) formats, to Ecology. After a public notice and comment period for the Public
Review Draft IAWP (and SEPA determination), Ecology will approve the IAWP (if appropriate)
and the document will be considered Final. The PLPs shall prepare three (3) copies of the Final
IAWP and submit them, including one electronic copy each in Word (.doc) and Adobe (.pdf)
formats. Once approved by Ecology, the PLPs will implement the interim action according with
the approved schedule.
Upon successful completion of the work, an Agency Review Draft Interim Action Report will be
prepared as a separate deliverable. The PLPs shall prepare two (2) copies of the Agency Review
Draft Interim Action Report and submit them, including one electronic copy each in Word (.doc)
and Adobe (.pdf) formats, to Ecology for review and approval. After incorporating Ecology's
comments on the Agency Review Draft Interim Action Report and after Ecology approval, the
PLPs shall prepare three (3) copies of the Final Interim Action Report and submit them, including
one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology.







Page 6 of 8

SCHEDULE
The schedule for completing the work described in the Agreed Order and the Scope of Work is
presented below. If the date for submission of any item or notification required by this Schedule
occurs on a weekend, state or federal holiday, the date for submission of that item or notification
is extended to the next business day following the weekend or holiday. Where a deliverable due
date is triggered by Ecology notification, comments or approval, the starting date for the period
shown is the date the PLPs received such notification, comments or approval by certified mail,
return receipt requested, unless otherwise noted below. Where triggered by Ecology receipt of a
deliverable, the starting date for the period shown is the date Ecology receives the deliverable by
certified mail, return receipt requested, or the date of Ecology signature on a hand-delivery form.
Task or Deliverable                Due Datea 
1.   Agency Review Draft     60 days after the PLPs' retention of a joint consultant, but no 
RI Work Plan issued    more than 180 days after the AOb effective date
2.   Final Remedial             45 days after receipt of Ecology comments  document is
Investigation Work     considered final upon Ecology's written approval
Plan issued 
3.   Field work for RI           30 days after Ecology's approval of RI Work Plan
begins
4.   Agency Review Draft     90 days after receipt of data from the analytical laboratory for
Source Control         the source control investigation field work identified in the RI
Review Memorandum  Work Plan. The 90 days includes time to validate the data.
issued 
5.   Final Source Control     30 days after receipt of Ecology comments
Review Memorandum
issued 
6.   Remedial Investigation    180 days after Ecology's approval of the Final RI Work Plan
field investigations
completedc 
7.   Agency Review Draft     90 days following completion of RI field investigations
RI Report issued 
8.   Public Review Draft      30 days after receipt of Ecology comments on the Agency
RI Report issued        Review Draft RI Report. If additional iterations of the draft
document are deemed necessary by Ecology, each iteration will
be due 30 days after receipt of Ecology comments.

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a Due dates shown are for initial draft and final deliverables. This schedule assumes only a single revised document
will be submitted following receipt of comments from Ecology. Documents become final only upon approval by
Ecology. 
b AO (Agreed Order) is effective upon signature by both Ecology and PLPs.
c Completed means the field requirements of the RI Work Plan have been satisfied.

















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