AGENDA MEMORANDUM                        Item No.          6e 
ACTION ITEM                            Date of Meeting     December 10, 2019 
DATE:     November 13, 2019 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Sandra Kilroy, Director Maritime Environment & Sustainability 
Kathy Bahnick, Manager, Remediation Programs 
Joanna Florer, Sr. Environmental Program Manager 
SUBJECT:  Terminal 91  Sediment Remedial Investigation 
Total estimated project cost:                                          $1,000,000 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to (1) execute an Agreed Order 
with the Washington State Department of Ecology to complete a  sediment Remedial
Investigation at the port's Terminal 91 property; (2)  procure and execute a project-specific
contract to complete the scope of work required by the Ecology Agreed Order and future
amendments; and (3) execute  a Corrective Action Permit Renewal application as required by
Ecology and EPA for the T-91 facility. 
EXECUTIVE SUMMARY 
Terminal 91 (T-91) is located in an industrial area in the Interbay neighborhood of Seattle. The
two piers located at Terminal 91 were built by the port soon after its establishment in 1911. In
1941 the U.S. Navy took ownership, consolidating multiple parcels into T-91 as it exists today.
The port reacquired the facility in the 1970s. A former tank farm located at the terminal was
used as a dangerous waste treatment and storage facility under a Resource Conservation and
Recovery Act (RCRA) permit from the 1970s until 1995.
The permit was issued to Burlington Environmental, Inc (later as Philip Services Corporation) as
the operator of the facility and the port as the facility owner.  Philip Services Corporation
declared bankruptcy in 2003 and the permit was later issue to just the port. After closure in
2003, the permit transitioned to a corrective action permit which was implemented under an
Ecology cleanup order. The above-ground portion of the tank farm was demolished by the port 
in 2005.
Since 1991, the port has been working with Ecology to address the tank farm contamination.
On April 10, 2012, Ecology and the port entered into an Agreed Order (No. DE 8938) which
obligated the port to implement the tank farm affected area cleanup. The tank farm cleanup
has been completed except for the long-term compliance monitoring.  The 2012 Order also

Template revised April 12, 2018.

COMMISSION AGENDA  Action Item No. _6e___                              Page 2 of 5 
Meeting Date: December 10, 2019 
applies to the port-owned submerged lands (i.e., sediment area) adjacent to T-91 (Submerged
Lands), but it defers action with respect to any contamination identified in the Submerged
Lands for up to ten years (that is, no later than 2022).
The Order states that Ecology would re-evaluate the necessity and practicability of remediation
in the Submerged lands. When maintenance dredging was proposed in a limited area of the
sediments, Ecology requested the port to perform a preliminary sediment investigation and
sediment maintenance work under an Order amendment. 
The preliminary sediment investigation was completed in 2018 and based on the findings,
Ecology has requested the port conduct a Remedial Investigation (RI) of the sediments under a
new Agreed Order. This RI will identify the nature and extent of chemical contamination in the
sediments.  This information along with the RI performed by the Army Corps of Engineers in
2013 to identify the nature and extent of discarded military munitions explosive hazard and risk
associated with munitions constituents will be used to identify cleanup approaches for the
sediment site in a future feasibility study. Furthermore, the RI could help identify other PLPs
and aid in future cost recovery actions. The Agreed Order will likely be amended in the future to
require additional work such as a feasibility study and/or draft cleanup action plan. 
The existing corrective action permit that requires this work, expires in 2020 and must be
renewed, which requires a new permit renewal application. 
To conduct the RI, the port will procure an environmental consulting firm to perform the work
using the public procurement process. The procurement will be for the Remedial Investigation,
as well as for the potential future work that may be required (i.e., feasibility study and/or draft
cleanup action plan). The port's Diversity in Contracting Department is recommending a 10% 
aspirational goal for women and minority business enterprises (WMBE) attainment. 
No funding is requested. Funding for this work was included in the 2020  2024 Environmental
Remediation Liability (ERL) Program. 
JUSTIFICATION 
The port's participation supports the Century Agenda goal of being the greenest port and 
reinforces our commitment of being a responsible steward of community resources and the
environment. The Ecology Agreed Order is a binding agreement to perform site environmental
investigation work by the port. The work by the port required of the Order will include direct
costs for consulting and laboratory fees in excess of $500,000. Therefore, signing the Ecology
order requires Commission authorization.
DETAILS 
The Scope of Work detailed in Ecology's Order requires that the port perform an RI for the
submerged lands (i.e., sediment area) of the project site. Although not anticipated, the order

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. _6e___                              Page 3 of 5 
Meeting Date: December 10, 2019 
also provides for any Interim Actions (i.e., hot spot removal or emergency response) should
they be necessary. The RI will include the collection and chemical analysis of sediment samples. 
The RI will determine the origin, nature, distribution/fate and transport, and extent of
contamination exceeding the Sediment Management Standards (WAC 173-204), and other
regulatory requirements. The RI must provide data and information to define the nature and
extent of contamination sufficiently to perform a feasibility study and select a cleanup action. 
The Agreed Order will likely be amended in the future to require additional work such as a 
feasibility study and/or draft cleanup action plan. 
Scope of Work 
The Order's Scope of Work is expected to be performed by a professional consulting firm hired 
by the port. As detailed in Exhibit B of the Order, Scope of Work, which divided into the
following major tasks: 
(1)   Task 1  Remedial Investigation Work Plan 
(2)   Task 2  Remedial Investigation (field sample collection, lab analysis, data evaluation) 
(3)   Task 3  Interim Action(s), if required 
In anticipation of future  order amendments, the consultant scope will also include the
possibility of performing a follow-on feasibility study and draft cleanup action plan.  If this
additional scope is not needed, the consultant will not be tasked with performing that
additional work. 
Schedule 
The draft schedule of the required work associated with the Ecology Order is as follows: 
Activity 
Commission authorization to sign Ecology       Q4  2019 
order 
Execute contract with consultant                Q2 - 2020 
Prepare an RI Work Plan                        Q4  2020 
Perform the RI field work                         Q2/Q3 - 2021 
Final RI Report                                     Q2 - 2022 
Cost Breakdown 
Remedial Investigation                                    $400,000 
Feasibility Study and draft Clean-up Action                $500,000 
Plan (if needed) 
Port Management                                   $100,000 
Total                                                        $1,000,000 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. _6e___                              Page 4 of 5 
Meeting Date: December 10, 2019 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
Alternative 1  Do Not Authorize Signature of the Ecology Order 
Cost Implications: Not signing the Order would likely result in the issuance of an enforcement
order by Ecology, or Ecology could elect to perform this work itself (i.e., contract the work to its
support consultant). This would increase the port estimated costs by 1.5 to 2 times.
Pros: 
(1)   None. 
Cons: 
(1) Increased legal and staff time and efforts to respond to an enforcement order and
provide ancillary support to Ecology to carry out the order (gain access to the site, etc.). 
(2) The ultimate costs of the work will be much higher if Ecology performs the work itself. 
(3) Not performing this work could tarnish the port's reputation with Ecology and the
community as having a commitment to public health and being a steward of community
resources and the environment. 
This is not the recommended alternative. 
Alternative 2  Authorize the Signing of the Ecology Order and future amendments and procure
and execute a project specific consultant contract 
Cost Implications: $1M, depending on the findings during the work. 
Pros: 
(1)   Complies with the order and furthers the port's collaborative working relationship
with Ecology. 
(2)   Takes the next step leading to the T-91's cleanup and long-term protection of human
health and the environment beyond T-91. 
(3)   Demonstrates the port's value of being a responsible steward of community resources
and the environment. 
(4)   Could potentially identify other responsible parties to share in the cleanup costs 
Cons: 
(1)   Costs of approximately $1 million by the port to complete the Order's Statement of
Work and future amendments 
This is the recommended alternative. 
FINANCIAL IMPLICATIONS 
There is no funding request as part of this authorization. Funding for the associated scope of
work and costs is included in the annual Environmental Remedial Liability (ERL) authorization.
Certain costs may also be eligible for insurance reimbursement. 


Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. _6e___                              Page 5 of 5 
Meeting Date: December 10, 2019 
Cost Estimate/Authorization Summary                 This Request           Total Project 
COST ESTIMATE 
RI                                                                       $400,000            Not Applicable 
FS and draft Cleanup Plan                                   $500,000 
(if needed) 
Port Management                                    $100,000 
AUTHORIZATION                              Not Applicable        Not Applicable 
Previous authorizations (by ERL) 
Current request for authorization 
Total authorizations, including this request 
Remaining amount to be authorized                              $0                    $0 
ATTACHMENTS TO THIS REQUEST 
(1)    State of Washington Department of Ecology Agreed Order 
(2)    Terminal 91 Tank Farm RCRA Permit Renewal Application 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
November 19, 2019  The Commission authorized spending environmental remediation
liabilities  funds  for  2020  in  the  amount  of  $28,730,000  and  a  five-year  plan  of
$123,312,000 for Environmental Remediation Liability Program for 2020-2024 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2020 to be
spent in future years. 
November 13, 2018  The Commission authorized spending environmental remediation
liabilities  funds  for  2019  in  the  amount  of  $17,025,000  and  a  five-year  plan  of
$88,800,000 for Environmental Remediation Liability Program for 2019-2023 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2019 to be
spent in future years. 
December 8, 2015 - Commission authorized the Chief Executive Officer to execute Agreed
the Amendment to Order No. DE 8938 with the Washington State Department of
Ecology to perform a historical review and sampling of the T-91 sediments and to
perform the sediment regrading project. 
September 10, 2013  Commission authorized maintenance dredging at Terminal 5 and
Terminal 91 for the combined total of $4,800,000. 
March 27, 2012  Commission authorized the Chief Executive Officer to execute Agreed
Order No. DE 8938 with the Washington State Department of Ecology on the
implementation of a Cleanup Action Plan and to address contamination in the Upland
area of Terminal 91. 



Template revised September 22, 2016; format updates October 19, 2016.