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
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In the Matter of Remedial Action by:        FIRST AMENDMENT TO AGREED ORDER

Port of Seattle                    N0. DE 6703
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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
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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)
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.RCW 70.105D.050(1).

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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,
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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.
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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


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If a due date falls on a holiday or weekend, the due date will be extended to the next working day.

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First Amendment, Agreed Order No. DE 6703
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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













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