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Item No.: 6d__attach_1 Date of Meeting: December 4, 2012 Attorney General's Ofce Will Format Before Signature . STATE OF WASHKNGTON DEPARTMENT OF ECOLOGY - In the Matter of Remedial Action by: FIRST AMENDMENT TO AGREED ORDER Port of Seattle N0. DE 6703 V TO: Tay Yoshitani Chief Executive Ofcer Port of Seattle Seattle-Tacoma International Airport PO. Box 1209 Seattle, WA 98111 I.' INTRODUCTION Agreed Order No. DE 6703 (Order), entered into by the State of Washington, Department of Ecology (Ecology) and the Port of Seattle (Port) on July 10, 2009, requires the Port to: (1) implement interim actions in connection with demolition of the above ground structures on the - Lora Lake Apartments Parcel; (2) prepare a Public Participation" Plan; (3) prepare a Supplemental Data Gaps Report; and (4) perform a Remedial Investigation/Feasibility Study. By this Amendment to Agreed Order No. DE 6703 (Amendment), Ecology requires the Port to: prepare a Pre-Design Characterization Report and a draft Cleanup Action Plan (DCAP). The actions required by this Amendment will expedite implementation of the cleanup actions at the Site. Ecology believes the actions required by this Amendment are in. the public interest. Provisions of the Order not specically changed in this Amendment remain in full force and effect. . II. JURISDICTION This Amendment is issued pursuant to the Model Toxics Control Act (MTCA) I .RCW 70.105D.050(1). @WDRAFTQQQ I First Amendment, Agreed Order No. DE 6703 Page 2 of 4 ill. AMENDMENT The Order is Amended as follows: The Order, Section VII. (Work to be Performed), is hereby amended to add the following . requirements: - N. The Port shall prepare for Ecclogy review and approval the following documents: 1. PreDesign Characterization Work Plan and Report. The Port will prepare a Pre- Design Characterization Work Plan to collect sufcient soil chemistry data on the Lora Lake Apartments Parcel to adequately define the vertical and lateral extent of soil to be excavated during" the cleanup action. Soil with dioxin concentrations exceeding 100 pg/g is to be excavated. Other contaminant cleanup standards may be identied in the Work Plan. The purpose of the work is to provide sufcient information that the volume of soil with dioxin concentrations exceeding 100 pg/g is known with a degree of accuracy sufcient for excavation. design. Performance monitoring after excavation will consist of collecting survey data to ensure the dened vertical and lateral extents of soil with dioxin exceeding 100 pg/g and other cleanup standards identied in the work plan have been excavated. Collection of additional soil samples for chemical analysis may be necessary after excavation in areas Where the Pre-Design Characterization has not been sufcient to dene the excavation extent due to eld conditions before excavation. A draft Pre-Design Characterization Report will report the results of the work and recommend what additional soil performance monitoring data are necessary on the Lora Lake Apartments Parcel. 2. Within ninety (90) days from Ecology's approval of the nal RI/FS Report, the Port shall prepare a DCAP in accordance with WAC 173640380 that details the proposed cleanup action for addressing the contamination present on the Site, and addresses the requirements for developing a cleanup action in WAC 173-340-350 through 173-340390, including Ecology's expectations for cleanup alternatives in WAC 173-340370. The DCAP shall include a general description of the proposed cleanup action, cleanup standards from the RI/FS and a rationale regarding their selection, a proposed schedule for implementation, "sweethAFTdeweeaee First Amendment, Agreed Order No. DE 6703 Page 3 of 4 ' description of any institutional controls proposed, and a summary of federal, state and local laws that are applicable to the proposed cleanup action. The draft Pre-Design Characterization Report will be included as an Appendix to the DCAP. V 3. Preparation of a Final Cleanup Action Plan (CAP) is not a part of this Order. Ecology intends to draft the Final CAP. The Final CAP will be implemented in a subsequent agreed order, enforcement order, or consent decree. O. The Order, Exhibit C (Schedule of Deliverables), is hereby replaced with the following: EXHIBIT C Schedule of Deliverables Feasibility Study The Port submits the Ecology Review Draft PieDesign 12/7/2012 Characterization Work Plan The Port submits the Final PreDesign Characterization Work 30 calendar days following receipt of Plan - Ecology's nal review comments. The Port submits the Ecology Review Draft Lora Lake 1/11/2013 A u artments Site RI/FS Re n ort The Port submits the Public Review Draft Lora Lake Apartments 30 calendar days following receipt of Site Rl/FS Ecology's review comments on the Draft Lora Lakes Apartments Site Rl/FS. The Port submits the Ecology Review Draft Cleanup Action Plan. 90 calendar days following receipt of Ecology's comments on the Ecology Review Draft Lora Lake Apartments Site RI/FS Report The Port submits Progress Reports 15th of every month following the end ofeach calendar month, beginning after the completion ofthe rst full month aer the effective date of the Agreed Order ' If a due date falls on a holiday or weekend, the due date will be extended to the next working day. wwebDRAFTeeweaev First Amendment, Agreed Order No. DE 6703 Page 4 of 4 Effective date ofthis First Amendment: Port of Seattle , STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY Tay Yoshitani Robert W. Warren, P. Hg., MBA Chief Executive Ofcer Section Manager Port of Seattle Toxics Cleanup Program PO. Box 1209 Northwest Regional Ofce Seattle, WA 98111 Telephone: (425) 6497054 Telephone: (206) 729-3000 wwwDRAF-'Tdeveeaer
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