ITEM NO:     4g_attach_1 
MEETING DATE: December 8, 2015 

STATE OF WASHINGTON 
DEPARTMENT OF ECOLOGY 
In the Matter of Remedial Action by:        FIRST AMENDMENT TO AGREED ORDER 
The Port of Seattle                     No. DE 8938 

TO:   Port of Seattle 
Attention: Ted J. Fick 
P.O. Box 1209 
Seattle, Washington 98111 
EXHIBITS 
EXHIBIT G      Regrading Area Diagrams 
EXHIBIT H      Discarded Military Munitions Management Plan (AECOM,
Aug. 2015) 
I.      INTRODUCTION 
The State of Washington, Department of Ecology (Ecology) and Port of Seattle (the Port)
entered into Agreed Order No. DE 8938 on April 10, 2012, as modified by the Minor Change to
Agreed Order No. DE 8938 (March 28, 2013) (Order). The Order requires the Port to implement
the Cleanup Action Plan (CAP), including the installation of certain remedial actions and the
completion of compliance monitoring within either the Upland or the Tank Farm Affected Area.
The Order also requires the Port to address contamination in the Upland Area of the Terminal 91
Facility, including any units newly identified during implementation of the CAP. 
The Order applies to the "Terminal 91 Facility," defined in relevant part by the Order as
"the real property owned by the Port of Seattle encompassing approximately 216 acres and
located at 2001 West Garfield Street, Seattle, Washington, as depicted in Exhibit B." Order No.
DE 8938 at 5,  IV.14. All capitalized terms used but not otherwise defined herein shall have the
meaning provided to them by the Order.

First Amendment to Agreed Order No. DE 8938 
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Pursuant to Section VIII.L of the Order, Ecology and the Port hereby stipulate to amend
the Order. Ecology deems the remedial actions included within this amendment as "substantial"
(see Order Section VIII.L), and as such those actions must be authorized through an amendment
to the Order. 
This amendment to the Order shall be referred to as the First Amendment to Agreed
Order No. DE 8938 (First Amendment). The First Amendment authorizes the Port to conduct
remedial actions as part of a seafloor regrading project in parts of the Submerged Lands Area,
and requires the Port to undertake specified interim actions to support evaluation of the need for
further remedial actions in the Submerged Lands Area more generally. By this First Amendment
to the Order, the Port will perform activities that constitute an interim remedial action at a
facility where there has been a release or threatened release of hazardous substances. 
Regrading and Preliminary Site Investigation Project (the Project). The Project
consists of two separate actions: 1) Regrade accumulated shoal material along the southeast
portion of Pier 91 in the Submerged Lands Area to increase water depths (the Regrade Project),
and 2) Investigate potentially contaminated sediments in the area. 
The Project would occur within the Terminal 91 Facility, an area subject to the Order.
The Order specified remedial actions to be carried out in the Uplands, most of which have been
implemented by the time of this First Amendment, but deferred any remedial actions for the
Submerged Lands Area until such time, no later than April 10, 2022, by when the necessity and
practicability of such actions for the Submerged Lands Area could be evaluated. 
1.  The Regrade Project. The proposed regrading will correct a potential problem in
the Pier 91 marine sediments, and therefore it constitutes an interim remedial action.
This action is necessary to provide sufficient depths for the safe berthing of cruise
ships that dock at Pier 91. The remedial action must be carried out if the Port
implements the Regrade Project, and the timing requirements for its completion are

First Amendment to Agreed Order No. DE 8938 
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imposed in relation to the schedule by which that portion of the Project is actually
implemented. 
2.  Submerged Lands Preliminary Investigation.  During sediment sampling for a
maintenance dredging project, the Port detected elevated levels of PCBs within the
proposed dredging area on the east side of Pier 90 as well as some exceedances of
mercury and PAHs. Because the Submerged Lands Area is subject to corrective
action requirements under the Permit and the Order, the Port must evaluate whether
releases of hazardous substances have occurred within the Submerged Lands Area
that present an unacceptable risk to human health or the environment. The Order
deferred remedial action with respect to the Submerged Lands Area, but Ecology and
the Port have agreed that the Port shall pursue additional remedial investigation to
document environmental information related to the Submerged Lands Area, to
develop a sampling and analysis plan to address potential releases, and to implement
that plan and document its results. The resulting report will furnish a basis to identify
whether further remedial actions shall be required, as well as preliminary indications
of historic and current sources of contamination and identification of potentially
responsible parties. 
This amendment does not attempt to recite all of the provisions of the Order. Provisions
of the Order not specifically changed in this amendment remain in full force and effect. 
VI.   ECOLOGY DETERMINATIONS 
The following shall be added as a new subsection to section VI. of the Order: 
8.     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 at a facility,
that corrects a problem that may become substantially worse or cost substantially more to
address if the remedial action is delayed, or that is technically necessary to provide for

First Amendment to Agreed Order No. DE 8938 
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completion of a site hazard assessment, RI/FS study or design of a cleanup action. Based on the
circumstances, Ecology has determined that an interim action is warranted under WAC 173-340-
430. Either party may propose an additional interim action under this First Amendment. If the
Parties are in agreement concerning the additional interim action, the Parties will follow the
process in Section VII.H. If the Parties are not in agreement, Ecology reserves its authority to
require additional interim action(s) under a separate order or other enforcement action under
RCW 70.105D, or to undertake the interim action(s) itself. 
VII.   WORK TO BE PERFORMED 
The following shall be substituted for subsection VII.B of the Order: 
B.    Preliminary Site Investigation in the Submerged Lands Area 
The Port shall perform the Preliminary Site Investigation for the Submerged Lands,
which shall include: (1) preparation of a Historical Review Report; (2) preparation of a
Sampling and Analysis Plan (SAP), based upon the findings of the Historical Review Report;
and (3) implementation of the SAP, in accordance with the following schedule. 
Schedule for task deliverables 
Task                Deliverable            Schedule in Calendar Days 
Task 1                 Draft Historical Review      Ninety (90) days after
Report                 approval of Port/Contractor
Service Directive 
Final Historical Review      Thirty (30) days after receipt
Report                 of Ecology comments 
Task 2                 Draft SAP               Ninety (90) days after Task 1
finalized 
Final SAP               Thirty (30) days after receipt
of Ecology comments 
Task 3                 Implement SAP            Following approved schedule
in work plan to be initiated
thirty (30) days after signing
of Contractor Service

First Amendment to Agreed Order No. DE 8938 
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Directive 
Draft Sampling Report       Forty-five (45) days after
receipt of validated data 
Final Sampling Report       Thirty (30) days after receipt
of Ecology comments 
The following shall be added as a new subsection H to Section VII of the Order: 
H.    Regrade Project in the Submerged Lands Area 
The Regrade Project will be conducted using a clamshell digging bucket.  The open
bucket will be lowered to the bottom, closed onto the shoal material, lifted to clear the bottom,
and moved into position over designated relocation area, opened to release the material, closed
and moved across the bottom over area where material has been relocated to knock down any
material above -37 feet mean lower low water (MLLW). The regrading bucket will not be lifted
into the water column any further than required to clear the bottom while swinging the bucket
(< three  feet).  The regrading volume is calculated to be 280 cubic yards (CY), which
includes -35.00 feet MLLW required depth (project depth), anticipated infill from slopes,
allowable two feet potential overdepth and 15 percent allowance for infill since last survey in 
2014.  Regraded material will be placed below -37 feet MLLW. The proposed regrading will
take place in the area shown on Exhibit G. The regrading will avoid all areas which have been
determined to be susceptible to prop wash and scour. 
As part of the implementation of the Regrade Project, the Port shall submit to Ecology 
the specified deliverables in accordance with the following schedule. 
Deliverable                           Due Date 
Completed JARPA                    Thirty (30) days prior to the
start of construction 
Completed SEPA checklist                 Thirty (30) days prior to the 
start of construction

First Amendment to Agreed Order No. DE 8938 
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Water Quality Plan                       Thirty (30) days prior to the
start of construction 
Contractor Work Plan                     Thirty (30) days prior to the 
start of construction 
Post-regrading Sampling and Analysis Plan (draft)  Thirty (30) days prior to the
start of construction 
Post-regrading Sampling and Analysis Plan (final)   Ten (10) days after delivery of 
approved draft 
Regrading Construction Report               Thirty (30) days after data
verification is completed for
sediment sampling analysis 
The PLP shall not conduct the Regrade Project until Ecology approves the Contractor 
Work Plan. Upon approval by Ecology, the Contractor Work Plan and the other deliverables
found in the foregoing schedule become integral and enforceable parts of this First Amendment,
and the Port is required to conduct the action in accordance with that schedule. 
The Port shall implement the Regrade Project consistent with the Discarded Military
Munitions Management Plan (AECOM, Aug. 2015) (Exhibit H), which is hereby approved as an
enforceable part of this First Amendment. Accordingly, in the event that Discarded Military
Munitions (DMM) are encountered in the performance of the Regrade Project, the Port shall not
collect or remove any such DMM as part of the Regrade Project construction. Any movement of
DMMs present within the regrade material shall not be considered "generation, storage,
treatment or disposal" of solid waste in accordance with U.S. EPA guidance, including Sylvia
Lawrence (Director, U.S. EPA Office of Solid Waste) letter to Douglas Green, June 11, 1992.
Instead, the Port shall leave in place any DMMs within the Regrade Project area for later
removal by the U.S. Army Corps of Engineers or the Seattle Port Police Department's regular
inspection dives. 
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First Amendment to Agreed Order No. DE 8938 
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VIII.  TERMS AND CONDITIONS OF ORDER 
The following shall be substituted for subsection VIII.D of the Order: 

D.    Designated Project Coordinators 
The project coordinator for Ecology is: 
Name:     Greg Caron 
Address:    Department of Ecology-CRO 
1250 West Alder Street 
Union Gap, WA 98903-0009 
Phone:     (509) 454-7893 
Email:      grca461@ecy.wa.gov 
The project coordinator for the Port is: 
Name:     Susan Roth 
Address:    Roth Consulting 
3937 SW 109th Street 
Seattle, WA 98146-1653 
Phone:     (206) 617-2176 
Email:      susanjroth@comcast.net 
Each project coordinator shall be responsible for overseeing the implementation of this
First Amendment. Ecology's project coordinator will be Ecology's designated representative for
the Site. To the maximum extent possible, communications between Ecology and the Port, and
all documents, including reports, approvals, and other correspondence concerning the activities
performed pursuant to the terms and conditions of this First Amendment 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 First Amendment. 
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. 
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First Amendment to Agreed Order No. DE 8938 
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Effective date of this First Amendment: _________________________________ 
PORT OF SEATTLE              STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY 

____________________________________________ 
Ted E. Fick                          Raman Iyer 
Chief Executive Officer                   Section Manager 
Port of Seattle                             Hazardous Waste Toxics Reduction Program 
Telephone: (206) 787-3000                Northwest Regional Office 
Telephone: (425) 649-7053