Attachment 6f Agreement Order, Ecology for Special Meeting held Jun 09, 2020 12:00pm at Remote

6f Agreement Order, Ecology

Item No. 6f attach 2
Meeting Date: June 9, 2020

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by: AGREED ORDER
The Port of Seattle and No. DE 18064
The Boeing Company

TO: The Port of Seattle
c/o Mr. Stephen P. Metruck
Executive Director
Pier 69
2711 Alaskan Way
Seattle, WA 98111
The Boeing Company
c/o Mr. Steven Shestag
Director of Environment
PO BOX 3707 M/C 9U4-08
Seattle, WA 98124
TABLE OF CONTENTS
I. INTRODUCTION.................................................................................................................3
II. JURISDICTION....................................................................................................................3
III. PARTIES BOUND................................................................................................................3
IV. DEFINITIONS ......................................................................................................................3
V. FINDINGS OF FACT ...........................................................................................................4
VI. ECOLOGY DETERMINATIONS........................................................................................6
VII. WORK TO BE PERFORMED .............................................................................................7
VIII. TERMS AND CONDITIONS...............................................................................................9
A. Payment of Remedial Action Costs ...............................................................................9
B. Designated Project Coordinators .................................................................................10
C. Performance .................................................................................................................11
D. Access ..........................................................................................................................12
E. Sampling, Data Submittal, and Availability ................................................................12
F. Public Participation......................................................................................................13
G. Retention of Records....................................................................................................14
H. Resolution of Disputes .................................................................................................15
I. Extension of Schedule..................................................................................................16
J. Amendment of Order ...................................................................................................17
K. Endangerment ..............................................................................................................18
L. Reservation of Rights ...................................................................................................19
M. Transfer of Interest in Property....................................................................................19
N. Compliance with Applicable Laws..............................................................................20

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O. Indemnification ............................................................................................................21
IX. SATISFACTION OF ORDER ............................................................................................22
X. ENFORCEMENT ...............................................................................................................22
EXHIBIT A Approximate Terminal 115 Plant 1 Property Boundary
EXHIBIT B Scope of Work (SOW) and Schedule

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I. INTRODUCTION
The mutual objective of the State of Washington, Department of Ecology (Ecology), the
Port of Seattle (the Port), and the Boeing Company (Boeing) (collectively, the Parties) 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 the Port and Boeing
(collectively, the PLPs) to prepare a Remedial Investigation (RI), Feasibility Study (FS), and Draft
Cleanup Action Plan (DCAP). 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 Agreed 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 they are
fully authorized to enter into this Order and to execute and legally bind such Party to comply with
this Order. The PLPs agree to undertake all actions required by the terms and conditions of this
Order. No change in ownership or corporate status shall alter the PLPs' responsibility under this
Order. The PLPs shall 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.
A. Site: The Site is referred to as Terminal 115 Plant 1. The Site constitutes a facility
under RCW 70.105D.020(8) (Terminal 115 Plant 1 Facility). 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

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Ecology, the Site is generally located at 6000 West Marginal Way SW, Seattle, Washington 98106,
as shown in the Approximate Terminal 115 Plant 1 Property Boundary (Exhibit A).
B. Parties: Refers to the State of Washington, Department of Ecology, the Port and
Boeing.
C. Potentially Liable Persons (PLPs): Refers to the Port and Boeing.
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.
V. FINDINGS OF FACT
Ecology makes the following findings of fact, without any express or implied admissions
of such facts by the PLPs:
A. Based upon factors currently known to Ecology, the Site is generally located at
6000 West Marginal Way SW in Seattle, Washington, on the west bank of the Lower Duwamish
Waterway (LDW) approximately 1.6 miles south of Harbor Island. King County tax records note
that parcel number 5367202505 covers approximately 98.7 acres, and is currently owned by the
Port as shown in the Approximate Terminal 115 Plant 1 Property Boundary (Exhibit A). The
property is zoned IG1 U85, indicating general industrial zoning, and is currently used for upland
marine cargo marshalling area and cargo storage, warehouse, and processing facilities. Most of the
existing Terminal 115 property upland area and dock structures have been in place since
approximately the late 1970s.
B. Between 1917 and 1970, Boeing owned and operated an aircraft manufacturing
facility (Boeing Plant 1) on the southern portion of the Site. A 1945 study by the State of
Washington Pollution Control Commission indicates Boeing Plant 1 discharged chromic acid
waste and cutting oil into the turning basin of the LDW. The report also indicated that chromic
acid was spilled or dripped onto soil at the Boeing Plant 1 property. In 1970, Boeing Plant 1 was
sold to the Port and the structures demolished and redeveloped as a fish processing and cold storage
facility (Seafreeze) in 1978.

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C. In 1994, three 6,000-gallon underground storage tanks (USTs) were removed from
the former Boeing Plant 1 location along with 750 cubic yards of petroleum impacted soils.
Petroleum hydrocarbons were identified in soil and groundwater. Additionally, free-phase
hydrocarbons were observed in groundwater.
D. A confirmed release occurred near a 4,000-gallon UST operated by Seafreeze that
was also the location of former Boeing Plant 1 USTs 5, 6, and 7. Separate phase hydrocarbons
were observed in the tank excavation, and groundwater sampling indicated impacts from vinyl
chloride, diesel range hydrocarbons, benzene, and lead.
E. Reports indicate that gasoline and service stations, as well as a refinery, operated
in the far southeast corner of the Terminal 115 Plant 1 property prior to 1965. Tax records indicate
a "refinery building" was constructed in 1952 and was removed around 1964. Tax records and
aerial photographs indicate that the service station was demolished in 1965.
F. Prior to 1970, a gasoline service station was located in the far southwest corner of
the Terminal 115 Plant 1 property. USTs and above ground storage tanks (ASTs) were used to
store fuel for the service station. The service station was demolished by 1970.
G. In the southwest portion of the Terminal 115 Plant 1 property, an aluminum remelting
facility (Material Reclamation and Maralco Aluminum) operated from 19521985. In
19951996, a 9,500-gallon UST containing diesel/heating oil and a 600-gallon heating oil UST
were removed from the property, along with petroleum contaminated soil. In 1994, reports confirm
that there was 2 feet of separate phase hydrocarbon present on groundwater, and contamination
was confirmed in soil.
H. In the central portion of the Terminal 115 Plant 1 property, a 5,000-gallon kerosene
UST was removed in 1989. Soil samples indicate a release of diesel.
I. Reports confirm that portions of the Terminal 115 Plant 1 property have soil and
groundwater impacted by releases of diesel- and gasoline-range hydrocarbons, lead, and benzene.
Toluene, ethylbenzene, and xylenes are suspected hazardous substances associated with gasolinerange
hydrocarbon and are likely present at this Site.

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J. In November 2014, EPA issued a Record of Decision (ROD) for the Lower
Duwamish Waterway (LDW) site. The ROD provides a description of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) Selected Remedy for the
in-waterway portion of the LDW CERCLA site. The in-waterway portion and cleanup, as defined
in the ROD, addresses contaminated sediments and surface water below the mean higher high
water (MHHW) level (in the LDW, MHHW is 11.3 feet above the mean lower low water (MLLW)
level). The coordination between Ecology and EPA for source control and in-waterway cleanup
activities has been established in a 2014 Memorandum of Agreement (MOA). The MOA
designates EPA as the Lead Agency for the in-waterway portion of the LDW site and Ecology is
the Lead Agency for source control activities.

VI. ECOLOGY DETERMINATIONS
Ecology makes the following determinations, without any express or implied admissions
of such determinations (and underlying facts) by the PLPs.
A. The Port of Seattle 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. The Boeing Company was a former "owner or operator" during the time of a release
of a hazardous substance as defined in RCW 70.105D.020(22) of a "facility" as defined in
RCW 70.105D.020(8).
C. 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 Site.
D. Based upon credible evidence, Ecology issued a PLP status letter to the Port dated
August 13, 2015, pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. By letter
dated October 2, 2015, the Port waived its rights to notice and comment and accepted Ecology's
determination that the Port is a PLP under RCW 70.105D.040. Ecology issued a determination

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that the Port was a PLP under RCW 70.105D.040 and notified the Port of this determination by
letter dated October 6, 2015.
E. Based upon credible evidence, Ecology issued a PLP status letter to Boeing dated
August 13, 2015, pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. By letter
dated September 16, 2015, Boeing voluntarily waived its rights to notice and comment and
accepted Ecology's determination that Boeing is a PLP under RCW 70.105D.040. Ecology issued
a determination that Boeing was a PLP under RCW 70.105D.040 and notified Boeing of this
determination by letter dated October 6, 2015.
F. 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.
G. 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. Any 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:

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A. The PLPs shall conduct work as detailed in the Scope of Work and Schedule
(Exhibit B). That work includes preparation of a Data Summary Report (DSR) and a Work Plan
to conduct a Remedial Investigation (RI). After Ecology approval of the Data Summary Report
and RI Work Plan, the PLPs will implement the RI Work Plan and then prepare a RI Report and
Feasibility Study (FS). After Ecology approval of the Public Review RI Report and FS, the PLPs
shall prepare a preliminary draft Cleanup Action Plan (DCAP).
B. If the 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, or sediments, then the PLPs, within seven (7) days of learning of the change in
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. The PLPs shall submit to Ecology written quarterly Progress Reports that describe
the actions taken during the previous quarter 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 information
outlined in Exhibit B, Task 9.
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 become integral and enforceable
parts of this Order upon Ecology's approval.
E. If the Parties agree on an interim action under Section VI.G, 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
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,

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and the 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
and after providing the PLPs a reasonable timeframe, as determined by Ecology, remedy the
alleged deficiency, perform any or all portions of the remedial action or at Ecology's discretion
allow the PLPs opportunity to correct. In an emergency, Ecology is not required to provide notice
to the 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.
H. For purposes of the identification requirement of section 162(f)(2)(A)(ii) of the
Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), performance of requirements under
Section VII (Work to Be Performed) and Section VIII (Terms and Conditions) is restitution or
required to come into compliance with law. Ecology is not giving tax advice and does not bear the
burden of proving entitlement to any deduction. This Order shall remain in effect even if the IRS
or a court decides against the deductibility of any payment.
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

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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
has accumulated $$45,366.06 in remedial action costs related to this Site as of December 31, 2019
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, the amount of time spent by involved staff members on the
project, and a general statement of work performed will be provided upon request. 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:
Maureen Sanchez
Northwest Regional Office
Toxics Cleanup Program
3190 160th Avenue SE
Bellevue, WA 98008
Telephone: 425-649-7254
masa461@ecy.wa.gov
The project coordinator for The Port is:
Roy Kuroiwa
Senior Environmental Program Manager
Port of Seattle
Pier 69, 2711 Alaskan Way
Telephone: 206-787-3814
Kuroiwa.r@portseattle.org
The project coordinator for Boeing is:

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Joseph Flaherty
EHS Remediation Group
The Boeing Company
PO BOX 3707 M/C 1P-310
Seattle, WA 98124
Telephone: 206-769-5987
Joseph.L.Flaherty@boeing.com
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 the Parties and all documents, including
reports, approvals, and other correspondence concerning the activities performed 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.

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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 the PLPs either own, control, or have 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
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 the PLPs where remedial activities or investigations will be
performed pursuant to this Order. Ecology or any Ecology authorized representative shall give
reasonable notice before entering any Site property owned or controlled by the PLPs 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 the PLPs pursuant to implementation

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of this Order. The PLPs shall notify Ecology seven (7) days in advance of any sample collection
or work activity at the Site pursuant to this Order. Ecology shall, upon request, allow the PLPs
and/or their 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.
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, remedial investigation/feasibility study reports, cleanup action
plans, and engineering design 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 and issuance
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

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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 LibrarySouth Park Branch
8604 Eighth Avenue S. at S. Cloverdale St.
Seattle, WA 98108
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 the PLPs withhold any requested records based on an assertion of
privilege, the PLPs shall provide Ecology with a privilege log specifying the records withheld and

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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 the PLPs elect to invoke dispute resolution, the PLPs 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 PLPs have fourteen (14) calendar
days within which to notify Ecology's project coordinator in writing of its dispute
(Informal Dispute Notice).
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 position of the PLPs with regards to the dispute; Ecology's
position with regards to the dispute; and the extent of resolution reached by informal
discussion.
c. The PLPs 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.

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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).
I. Extension of Schedule
1. Requests from the PLPs 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.

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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 any written request from the PLPs 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.
4. At the request of the PLPs, 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 all Parties. Ecology will provide its written consent to
a formal amendment only after public notice and opportunity to comment on the formal
amendment.

Agreed Order No. DE 18064
Page 18 of 23

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).
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 obligations
of the PLPs 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.

Agreed Order No. DE 18064
Page 19 of 23

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.
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 and 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 Port 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 transfer by the Port of any interest in all or any portion of the Site, and during the
effective period of this Order, the Port 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, the Port shall notify Ecology and Boeing of said transfer; if thirty (30)
days prior notice is not possible, notice shall be provided as soon as practicable. Upon transfer of

Agreed Order No. DE 18064
Page 20 of 23

any interest, the Port 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
applicable federal, state, and local requirements that 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 the Parties, 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.

Agreed Order No. DE 18064
Page 21 of 23

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 any Party determines 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 Parties 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 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, its 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

Agreed Order No. DE 18064
Page 22 of 23

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 receipt by the PLPs 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.
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.
//
//
//

Agreed Order No. DE 18064
Page 23 of 23

This Order may be reviewed only as provided under RCW 70.105D.060.
Effective date of this Order: _________________________________

PORT OF SEATTLE STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY

Stephen P. Metruck Robert Warren
Executive Director Section Manager
Pier 69 Toxics Cleanup Program
2711 Alaskan Way Northwest Regional Office
Seattle, WA 98111 425-649-7054
206-787-3814

THE BOEING COMPANY

Steven Shestag
Director of Environment
The Boeing Company
PO BOX 3707 M/C 9U4-08
Seattle, WA 98124
425-237-0214

EXHIBIT B
SCOPE OF WORK (SOW) AND SCHEDULE

SCOPE OF WORK
PURPOSE
The work under this Agreed Order (AO) involves conducting a Data Summary Report, Remedial
Investigation (RI), and Feasibility Study (FS), including interim actions if required, and preparing
a preliminary Draft Cleanup Action Plan (DCAP) to select a cleanup alternative if agreed to by
Ecology. The purpose of the RI, FS, and preliminary DCAP for the Site is to provide sufficient
data, analysis, and evaluations to enable Ecology to select a cleanup alternative for the Site.
The Port of Seattle and Boeing (PLPs) shall coordinate with Ecology throughout the development
of the RI/FS, Data Summary Report, Interim Action, and preliminary DCAP and shall work closely
with Ecology on Work Plan development, reporting, and project implementation as needed.
The work to be performed under this AO will focus on characterizing known and suspected
hazardous substances at the Site. The Remedial Investigation/Feasibility Study for the Lower
Duwamish Waterway (LDW), focused on the nature and extent of hazardous substance
contamination in sediments to evaluate remedial alternatives. The USEPA may require additional
investigations of the LDW sediments. The LDW Record of Decision addressed contamination
caused by an EPA-defined list contaminants of concern (COCs) in sediments in the LDW, which
may differ from the COC list for the Site. Based on existing data and data gaps, an investigation
of sediments adjacent to and near the upland portion of the Site may be required under the terms
of this AO.
The SOW is divided into nine major tasks as follows:
Task 1. Data Summary Report
Task 2. RI Work Plan
Task 3. Remedial Investigation
Task 4. Interim Action(s) (if required)
Task 5. Feasibility Study
Task 6. SEPA Compliance
Task 7. Public Participation
Task 8. DCAP
Task 9. Progress Reports
TASK 1. DATA SUMMARY REPORT
The PLPs shall prepare a Data Summary Report that briefly updates general facility information,
history and conditions, past investigations including data collection and results since issuance of
the Environmental Conditions Report in 2011, hazardous substances sources, etc. The Data
Summary Report will include data in tabular and figure form, and will include Preliminary Cleanup
Levels published by Ecology that are protective of surface water for comparison.

Page 1 of 10

TASK 2. RI WORK PLAN
The PLPs shall prepare an RI Work Plan. The RI Work Plan shall include an overall description
and schedule of all RI activities. The RI Work Plan shall define the project management strategy
for implementing and reporting on RI activities, the responsibility and authority of all
organizations, and key personnel involved in conducting the RI will be outlined.
A RI Planning Meeting will be held prior to submittal of the RI Work Plan. The purpose of the RI
Planning Meeting is to review requirements for the RI Work Plan and plan RI fieldwork, 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 compared to screening levels; a preliminary
conceptual site model showing contaminants, migration pathways in all environmental media,
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, 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 identifies the proposed number and location of all environmental samples and methods,
including soil borings; groundwater monitoring wells; soil, groundwater, seep, catch basin, and
sediment samples; approximate depths of soil boring, monitoring wells, and sediment samples;
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

Page 2 of 10

Preparing Quality Assurance Project Plans for Environmental Studies (July 2004)1 and Sediment
Sampling and Analysis Plan Appendix (February 2008)2 if sediment sampling is needed.
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.
The SAP, including the QAPP and HASP, will be submitted to Ecology for review and approval.
Work may not begin without written approval from Ecology. The plan shall provide seven (7) days
notice to Ecology prior to beginning sampling. Ecology may obtain split samples.
The PLPs or their contractors shall submit all sampling data generated under this SAP and any
other collected data to Ecology for entry into the Environmental Information Management System
(EIM) in accordance with WAC 173-340-840(5) and Ecology's Toxics Cleanup Program Policy 840:
Data Submittal Requirements. All validated data will be entered into the EIM database within
thirty (30) days of final data report submittals.
RI Work Plan tasks and subtasks may include, but are not limited to the following, as necessary to
resolve data gaps identified in the RI Work Plan:
Sampling and analysis of soil, groundwater, product, 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 recontaminate 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
Defining the nature and extent of contamination based on screening levels protective of
all receptors at and downgradient of the Site.
The PLPs will provide Ecology with two (2) copies of the Agency Review Draft RI Work Plan,
including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review
and comment. Once Ecology reviews and approves the RI Work Plan, it will be considered the
Final RI Work Plan, and can then be implemented. Once approved by Ecology, PLPs shall prepare
two (2) copies of the Final RI Work Plan and submit them, including one electronic copy each in
Word (.doc) and Adobe (.pdf) formats, to Ecology. The PLPs will implement the Final RI Work
Plan according to the schedule contained in this Exhibit.

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

Page 3 of 10

TASK 3. REMEDIAL INVESTIGATION
The PLPs shall conduct a RI that meets the requirements of WAC 173-340-350(7) and WAC 173-
204-560 according to the Final RI Work Plan as approved by Ecology. The RI will determine the
nature and extent of contamination exceeding preliminary Model Toxics Control Act (MTCA) and
Sediment Management Standards (SMS) cleanup levels, and other regulatory requirements. The
RI must provide sufficient data and information to define the nature and extent of contamination.
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 immediately
and documented as required by Ecology.
Laboratory analysis data shall also be provided in electronic format when it has been validated.
Raw laboratory data will be provided to Ecology upon request. Validated analytical data shall be
uploaded into EIM within thirty (30) days of the submittal of the RI and any other report containing
new data.
Prior to submittal of the Agency Review Draft RI Report, a RI Pre-Report Check-In will be held.
During the RI Pre-Report Check-In, Ecology and the PLPs will review 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 and obtaining
Ecology approval, the PLPs shall prepare five (5) copies of a Public Review Draft RI Report and
submit them, including one electronic copy of 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 electronic GIS and autocad files including 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 define the full nature and extent of
contamination and/or to select a cleanup action plan, an additional phase of investigation shall be
conducted to define the extent of contamination.
TASK 4. INTERIM ACTIONS (if required)
Remedial actions implemented prior to completion of the RI/FS, 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

Page 4 of 10

correct a problem that may become substantially worse or cost substantially more to
address if the remedial action is delayed
are needed to provide for completion of the RI/FS or design of the cleanup action
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 required by Ecology, or if proposed by the Port and Boeing 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.
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
Sediment
Repair, slip lining, replacement, or closure of stormwater conveyances or other structures
such as conduits, 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/FS information, including at a minimum existing site
conditions and alternative interim actions considered
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

Page 5 of 10

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.
Once approved by Ecology, the PLPs will implement the interim action according to the
schedule contained in the IAWP.
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, to Ecology for review and approval. Once approved by Ecology, the Port and Boeing 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
Port and Boeing 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.
Electronic GIS and autocad files shall also be provided for all Draft and Final Reports.
TASK 5. FEASIBILITY STUDY
The PLPs shall use the information obtained in the RI to prepare an Agency Review Draft
Feasibility Study (FS) that meets the applicable requirements of WAC 173-340-350(8) according
to the Schedule in this Exhibit. The Agency Review Draft FS will evaluate remedial alternatives
for site cleanup, consistent with MTCA and SMS requirements to ensure protection of human
health and the environment by eliminating, reducing, or otherwise controlling risk posed through
each exposure pathway and migration route.
Prior to beginning the FS, a FS Planning Meeting will be held to review Applicable, Relevant and
Appropriate Requirements (ARARs), potential remedial alternatives, and establish points of
compliance.
The Agency Review Draft FS will provide a detailed analysis of each remedial alternative
according to the applicable requirements of WAC 173-340-350, MTCA Remedial Investigation
and Feasibility Study, and WAC 173-204-560, SMS Cleanup Study. The remedial alternatives will
be evaluated for compliance with the applicable requirements of WAC 173-340-360, Selection of
Cleanup Actions, and WAC 173-204-560(4), including a detailed evaluation of remedial
alternatives relative to the following criteria:

Page 6 of 10

Compliance with cleanup standards and applicable laws
Protection of human health
Protection of the environment
Provision for a reasonable restoration time frame
Use of permanent solutions to the maximum extent practicable
The degree to which recycling, reuse, and waste minimization are employed
Short-term effectiveness
Long-term effectiveness
Net environmental benefit
Implementability
Provision for compliance monitoring
Cost-effectiveness
Prospective community acceptance
The remedial alternative that is judged to best satisfy the evaluation criteria will be identified.
Justification for the selection will be provided, and the recommended remedial alternative further
developed, in the FS Report.
The PLPs shall prepare two (2) copies of the Agency Review Draft FS and submit them, including
one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review. After
addressing Ecology's comments on the Agency Review Draft FS, the Port and Boeing shall
prepare three (3) copies of the Public Review Draft FS and submit them, including one electronic
copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for distribution and public
comment. The FS will not be considered final until after a public review and comment period.
TASK 6. SEPA COMPLIANCE
The PLPs shall be responsible for complying with the State Environmental Policy Act (SEPA)
Rules, including preparing and submitting an environmental checklist. If the result of the threshold
determination is a determination of significance (DS), the PLPs shall be responsible for the
preparation of draft and final environmental impact statements. The PLPs shall assist Ecology with
coordinating SEPA public involvement requirements with MTCA public involvement
requirements whenever possible, such that public comment periods and meetings or hearings can
be held concurrently.
TASK 7. PUBLIC PARTICIPATION
The PLPs shall assist Ecology to prepare a Draft and Final Public Participation Plan that
complies with the provisions of WAC 173-340-600(9).
The PLPs shall support Ecology in presenting the Public Review Draft RI Report and the Public
Review Draft FS Report, Public Review Draft CAP, and SEPA evaluations at one public meeting
or hearing for each document. A combined public meeting or hearing may be held with Ecology
approval. The PLPs 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.

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After the public comment periods are completed, the PLPs shall prepare an Agency Review Draft
Responsiveness Summary that addresses public comments. The PLPs shall prepare two (2) copies
of the Agency Review Draft Responsiveness Summary 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 and after Ecology approval, the PLPs shall prepare five
(5) copies each of the Final Responsiveness Summary, Final RI Report, and Final FS Report after
public comments are incorporated and submit them to Ecology for distribution, including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats.
TASK 8. PRELIMINARY DRAFT CLEANUP ACTION PLAN
Upon Ecology approval of the Public Review Draft Remedial Investigation Report and Public
Review Draft Feasibility Study, a Cleanup Action Plan Meeting will be held regarding the Cleanup
Action Plan. The Cleanup Action Plan Meeting will be used to review plans for developing the
Agency Review preliminary Draft Cleanup Action Plan (DCAP).
The PLPs shall prepare an Agency Review preliminary DCAP in accordance with WAC 173-
340-380 that provides a proposed remedial action to address the contamination present on the Site.
Where contaminated sediments are included in the remedial action, the cleanup plan will comply
with WAC 173-204-580, in addition to the MTCA requirements cited above. The preliminary
DCAP shall include a general description of the proposed remedial actions; cleanup standards
developed from the RI/FS and rationale regarding their selection; a schedule for implementation;
description of any institutional controls proposed; and a summary of applicable local, state, and
federal laws pertinent to the proposed cleanup actions.
The PLPs will submit an Agency Review preliminary DCAP for Ecology's review and approval.
The Agency Review preliminary DCAP will include, but not be limited to, the information listed
under WAC 173-340-380. The PLPs shall prepare two (2) copies of the Agency Review
preliminary DCAP and submit them, including one electronic copy each in Word (.doc) and
Adobe (.pdf) formats, to Ecology for review and approval.
After receiving Ecology's comments on the Agency Review preliminary DCAP, if any, the PLPs
shall revise the preliminary DCAP to incorporate Ecology's comments and submit five (5) copies
of the Public Review DCAP, including one electronic copy each in Word (.doc) and Adobe (.pdf)
formats. Electronic GIS and autocad files shall also be provided for both Draft Reports.

TASK 9. PROGRESS REPORTS
The PLPs shall submit progress reports quarterly. Progress reports shall be submitted to
Ecology until satisfaction of this AO in accordance with Section VII.C of the AO.
Progress reports shall be submitted to the Ecology project coordinator by the 15th of the
month following the reporting quarter. If this day is a weekend or holiday, deliverables

Page 8 of 10

will be submitted to Ecology on the next business day. At a minimum, progress reports
shall contain the information regarding the preceding reporting period: a description of
the actions taken to comply with this Order, including a list of on-site activities that have
taken place during the quarter.
Summaries of sampling and testing reports and other data reports received by the PLPs,
including all raw data (including laboratory analyses) during the past quarter and
identification of the sources of the samples.
Description of all deviations from the Scope of Work and Schedule (described herein)
during the current quarter and any planned deviations in the upcoming quarter.
For any deviations in schedule, a plan for recovering lost time and maintaining
compliance with the schedule.
Summaries of solutions developed and implemented or planned to address any actual or
anticipated problems or delays.
Summaries of contacts with representatives of the local community, public interest
groups, press, and federal, state, or tribal governments.
Changes in key personnel.
A description of work planned for the next reporting period, including a list of
deliverables for the upcoming quarter.
Progress reports will be submitted as separate documents or as an attachment to an email
distribution list.

Page 9 of 10

SCHEDULE OF DELIVERABLES
The schedule for deliverables 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 of
Deliverables 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 handdelivered
form.
RI/FS Deliverables Completion Times
Data Summary Report PLPs to submit 6 months following the
effective date of the Agreed Order
Agency Review Draft RI Work Plan 90 calendar days following Ecology's
approval of the Data Summary Report
Final RI Work Plan PLPs to submit 60 calendar days after
incorporating Ecology comments on Draft
RI Work Plan.
Completion of RI Fieldwork 18 months following Ecology's approval of
the Final RIWP, SAP, QAPP, and HSP
Agency Review Draft RI Report PLPs to submit 90 days following receipt
of laboratory data set
Public Review Draft RI Report PLPs to make available 60 calendar days
following receipt of Ecology comments on
Agency Review Draft RI Report
Agency Review Draft FS PLPs to submit 90 days following
completion of Public Review Draft RI
Report
Public Review Draft FS PLPs to make available 60 calendar days
following receipt of Ecology's comments
on the Agency Review Draft FS
Agency Review Preliminary Draft Cleanup PLPs to submit 90 calendar days following
Action Plan (DCAP) the meeting between the PLPs and Ecology
to discuss Ecology's evaluation of public
comments on the Draft FS and the PLPs
plans for the DCAP

Page 10 of 10

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.

Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.

PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.