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

TO:   Mr. Tay Yoshitani 
Port of Seattle 
PO Box 1209 
Seattle, WA 98111 

TABLE OF CONTENTS 
I.      INTRODUCTION .................................................................................................................2 
II.     JURISDICTION ....................................................................................................................2 
III.    PARTIES BOUND ................................................................................................................2 
IV.   DEFINITIONS ......................................................................................................................2 
V.   FINDINGS OF FACT ...........................................................................................................3 
VI.   ECOLOGY DETERMINATIONS ........................................................................................5 
VII.  WORK TO BE PERFORMED .............................................................................................6 
VIII.  TERMS AND CONDITIONS OF ORDER ..........................................................................7 
A.  Public Notice ..................................................................................................................7 
B.  Remedial Action Costs ..................................................................................................7 
C.  Implementation of Remedial Action ..............................................................................8 
D.  Designated Project Coordinators ...................................................................................8 
E.   Performance ...................................................................................................................9 
F.   Access ..........................................................................................................................10 
G.  Sampling, Data Submittal, and Availability ................................................................10 
H.  Public Participation ......................................................................................................11 
I.    Retention of Records....................................................................................................12 
J.   Resolution of Disputes .................................................................................................13 
K.  Extension of Schedule..................................................................................................14 
L.   Amendment of Order ...................................................................................................15 
M.  Endangerment ..............................................................................................................16 
N.  Reservation of Rights ...................................................................................................17 
O.  Transfer of Interest in Property ....................................................................................17 
P.   Compliance with Applicable Laws ..............................................................................17 
Q.  Indemnification ............................................................................................................19 
IX.   SATISFACTION OF ORDER ............................................................................................19 
X.   ENFORCEMENT ...............................................................................................................19 
EXHIBIT A.      Site Diagram 
EXHIBIT B.      Scope of Work 
EXHIBITC.      Schedule

I.      INTRODUCTION 
The mutual objective of the State of Washington, Department of Ecology (Ecology) and
the Port of Seattle (the Port) 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 to conduct a Remedial Investigation (RI), Feasibility Study (FS), and
prepare a Draft Cleanup Action Plan (DCAP) under formal guidance provided by Ecology.
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 he or
she is fully authorized to enter into this Order and to execute and legally bind such party to
comply with this Order. The Port agrees to undertake all actions required by the terms and
conditions of this Order. No change in ownership or corporate status shall alter The Port's
responsibility under this Order.  The Port 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 and
WAC 173-340 shall control the meanings of the terms in this Order. 
A.    Site: The Site is referred to as Port of Seattle N Terminal 115 and is generally
located at 6000 West Marginal Way SW., Seattle, WA 98106. The Site is defined by the extent
of contamination caused by the release of hazardous substances at the Site. Based upon factors
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currently known to Ecology, the Site is more particularly described in Exhibit A (Site Diagram). 
The Site constitutes a Facility under RCW 70.105D.020(5).
B.    Parties: Refers to the State of Washington, Department of Ecology and the Port.
C.    Potentially Liable Person (PLP): Refers to the Port. 
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. The terms "Agreed Order"
or "Order" shall include all exhibits to this Order. 
V.    FINDINGS OF FACT 
Ecology makes the following findings of fact, without any express or implied admissions
of such facts by the Port: 
A.    The Site is located at 6000 W. Marginal Way SW, Seattle, WA on the west bank
of the Lower Duwamish Waterway (LDW) approximately 1.6 miles south of Harbor Island. The
currently known extent of the Site is located in the northwestern portion of Terminal 115. King
county tax records note that parcel number 5367202505, owned by the Port, contains the Site to
its currently known extent. The footprint of the tin reclamation operations area (see description
below) comprises approximately 1.88 acres of the 98.7 acre parcel. The Site is zoned for
commercial use. The Port acknowledged through a letter dated February 19, 2009 that it is
nominally a PLP at this Site based on the fact that it is the current owner.
B.    A tin reclamation facility was operated by several businesses on this Site between
1963 and 1998.  M & T Chemicals operated at this location from 1963 to 1978. From 1978 to
1991 Metals Recycling, Inc. (MRI) (affiliated with American Can) continued reclaiming tin onsite.
From 1991 to 1997 MRI Division of Proler Corporation continued tin reclamation. From
1997 to 1998 Schnitzer Steel Industries closed the tin reclamation operations at the Site. The
Port currently leases the western portion of the Site (0.78 acres) to Gene Summy Lumber Co. 
The eastern portion of the Site (1.1 acres) is currently unoccupied. 

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C.    Limited sampling has been done on the Site. A Site Hazard Assessment letter
dated February 1998 from Seattle-King County Public Health to the Port noted the presence of
lead in soil at a concentration of 470 mg/kg at one sample location adjacent to railroad tracks.
This exceeds the  MTCA Method A residential cleanup level for lead  of 250  mg/kg.
Additionally, The Remedial Activities Summary Report dated April 2008, prepared by Shaw
Environmental for Reichhold, Inc. and Glacier Northwest, Inc. notes a sample result of 1,100
ug/L of arsenic in ground water collected from the Site on July 29, 2003. The MTCA Method A
Cleanup Level for arsenic in ground water is 5 ug/L. The Reichhold Report also notes a sample
result of 250 mg/kg of arsenic in soil on Port property compared to the MTCA Method A
Cleanup Level for arsenic in soils of 20 mg/kg. Based on data then available, the Site Hazard
Assessment assigned a Hazard Ranking of 5 (lowest ranking) to this Site in 1998. 
Additional sampling was performed in fall, 2009. Environmental Investigation Report,
Port of Seattle Terminal 115 North Seattle, Washington, dated December 31, 2009, and prepared
for the Port by Landau Associates documented several exceedences with screening levels based
on MTCA Method C, background and MTCA Method B values based on protection of marine
and fresh surface water. At the twelve locations sampled, there were elevated concentrations of
contaminants in soil. Soil sample exceedences included copper at two locations, lead at one
location, mercury  at two locations, zinc  at one location  and carcinogenic poly-aromatic
hydrocarbons (cPAHs)  at two locatons.  The report additionally noted exceedences in
groundwater including lube oil range hydrocarbons, metals including arsenic, cadmium,
chromium, copper, lead, mercury, nickel, zinc; the volatile acetone; and semivolatiles including
benzo(a)anthracene,    chrysene,     bis(2-Ethylhexl)phthalate,    Benzo(b)fluoranthene,
Benzo(k)fluoranthes,  Benzo(a)pryene,   Indeno(1,2,3-cd)pyrene,  Debenz(a,h)anthracene,
Benzo(g,h)perylene and Total cPAHs (TEQ). Groundwater monitoring wells 7, 8. and 9 lie
outside the footprint of the former MRI tin reclamation facility toward the direction of the LDW.
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These wells include exceedences  of metals, with MW-7 exceeding screening levels for
semivolatiles as well. 
A catch basin solids sample collected at the Site contained a concentration of zincin 
excess of the sediment quality standard (SQS) for zinc.  The Lower Duwamish Waterway
Glacier Bay Source Control Area, Summary of Existing Information and Indentification of Data
Gaps, by Science Applications International Corporation (SAIC) dated June, 2007, prepared for
Department of Ecology, provides a summary of Site investigations documenting relases of
hazardous substances at the Site. The report noted spent plating solution and black mud were
discharged to two unlined settling and evaporation lagoons located in the eastern portion of the
Site. Eventually the solution was discharged to King County Wastewater Treatment Plant
(KCWTP). Also noted in the repo rt were KCWTP exceedences related to zinc, lead and pH.
Further, the contaminants; arsenic , mercury, zinc, copper, lead, tin, phthalates, butyl benzyl
phthalate, and PAHs were identified as contaminants of concern at Glacier Bay with regard to
potential sediment recontamination.
VI.   ECOLOGY DETERMINATIONS 
A.    The Port is the current owner of the property at 6000 West Marginal Way SW,
Seattle, WA. The Port is an "owner" as defined in RCW 70.105D.020(17) of a "facility" as
defined in RCW 70.105D.020(5).
B.    Based upon all factors known to Ecology, a "release" or "threatened release" of
"hazardous substance(s)" as defined in RCW 70.105D.020(25) and RCW 70.105D.020(10),
respectively, has occurred at the Site. 
C.    Based upon credible evidence, Ecology issued a PLP status letter to the Port dated
January 20, 2009, pursuant to RCW 70.105D.040, -.020(21) and WAC 173 -340-500. After
providing for notice and opportunity for comment, reviewing the comments submitted, and
concluding that credible evidence supported a finding of potential liability, Ecology issued a
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determination that the Port is a PLP under RCW 70.105D.040 and notified the Port of this
determination by letter dated July 9, 2009. 
D.    Pursuant to RCW 70.105D.030(1) and -.050(1), Ecology may require a PLP 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. 
E.    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. Ecology, with
input from the PLP, will determine if interim actions are warranted, including those that reduce
or eliminate sources of contamination into the adjacent inlet and/or LDW. 
VII.   WORK TO BE PERFORMED 
Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the
Port take the following remedial actions at the Site and that these actions be conducted in
accordance with WAC 173-340 unless otherwise specifically provided for herein:
A.    The PLP shall prepare the following deliverables in accordance with WAC 173-
340-350 through 173-340-390, and WAC 173-204: 
Remedial Investigation (RI) /Feasibility Study (FS) Work Plan; 
Remedial Investigation; 
Feasibility Study; and 
Draft Cleanup Action Plan (DCAP) 

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A scope of work for the RI/FS and is more particularly described in Exhibit B (Scope of Work)
and is incorporated by reference as an enforceable part of this Order. To plan and manage the
RI/FS, the project tasks and management strategies shall be summarized in the RI/FS Work
Plans (Work Plan) that will be developed and submitted to Ecology for review and approval in
accordance with the Scope of Work. 
B.    The schedule of performance and list of deliverables is described in Exhibit C 
(Schedule of Deliverables) and is incorporated by reference as an enforceable part of this Order. 
C.    Should an interim remedial action be determined necessary under Section VI.E.,
the PLP will prepare and implement an Interim ActionWork Plan as specified in Exhibit B 
(Scope of Work). 
D.    If, at any time after the first exchange of comments on drafts, Ecology determines
that insufficient progress is being made in the preparation of any of the deliverables required by
this Section, Ecology may complete and issue the final deliverable. 
VIII.  TERMS AND CONDITIONS OF ORDER 
A.    Public Notice 
RCW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent
public notice. Ecology shall be responsible for providing such public notice and reserves the
right to modify or withdraw any provisions of this Order should public comment disclose facts or
considerations which indicate to Ecology that this Order is inadequate or improper in any
respect.
B.    Remedial Action Costs 
The Port 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
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
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include costs of direct activities and support costs of direct activities as defined in WAC 173-
340-550(2). Ecology has accumulated [$ Amount reflected in latest AFRS report] in remedial
action costs related to this facility as of [insert date]. Payment for this amount shall be submitted
within thirty (30) days of the effective date of this Order. For all costs incurred subsequent to
[insert same date], the Port 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, and the amount of time spent by involved staff members on the
project.  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. 
C.    Implementation of Remedial Action 
If Ecology determines that the Port has failed without good cause to implement the
remedial action, in whole or in part, Ecology may, after notice to the Port, perform any or all
portions of the remedial action that remain incomplete. If Ecology performs all or portions of
the remedial action because of the Port's failure to comply with its obligations under this Order,
the Port shall reimburse Ecology for the costs of doing such work in accordance with Section
VIII.B (Remedial Action Costs), provided that the Port is not obligated under this Section to
reimburse Ecology for costs incurred for work inconsistent with or beyond the scope of this
Order. 
Except where necessary to abate an emergency situation, the Port shall not perform any
remedial actions at the Site outside those remedial actions required by this Order, unless Ecology
concurs, in writing, with such additional remedial actions. 
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D.    Designated Project Coordinators 
The project coordinator for Ecology is: 
Donna Ortiz de Anaya 
State of Washington Department of Ecology 
Northwest Regional Office 
Toxics Cleanup Program 
3190 160th Avenue SE 
Bellevue, Washington 98008 
Telephone: (425) 649-7231 
Fax: (425) 649 -7161 
Email: dort461@ecy.wa.gov 
The project coordinator for the Port is: 
Brick Spangler 
Port of Seattle 
PO Box 1209 
Seattle, WA 98111-1209 
Telephone: (206) 787-3193 
Email: spangler.b@portseattle.org 
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 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 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. 
E.    Performance 
All geologic and hydrogeologic work performed pursuant to this Order shall be under the
supervision and direction of a geologist licensed in the State of Washington or under the direct
supervision of an engineer registered in the State of Washington, except as otherwise provided
for by RCW 18.220 and 18.43. 
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All engineering work performed pursuant to this Order shall be under the direct
supervision of a professional engineer registered in 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 in the State of Washington,
except as otherwise provided for by RCW 18.43.130. 
Any documents submitted containing geologic, hydrologic or engineering work shall be
under the seal of an appropriately licensed professional as required by RCW 18.220 or
RCW 18.43.130. 
The Port 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.
F.    Access 
Ecology or any Ecology authorized representative shall have the full authority to enter
and freely move about all property at the Site that the Port either owns, controls, or has 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 Port's
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 Port. The Port shall make all reasonable efforts to secure access rights for those
properties within the Site not owned or controlled by the Port 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 Port 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
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and their representatives shall not be required to sign any liability release or waiver as a
condition of Site property access. 
G.    Sampling, Data Submittal, and Availability 
With respect to the implementation of this Order, the Port 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 Port shall allow Ecology and/or its authorized representative
to take split or duplicate samples of any samples collected by the Port  pursuant to
implementation of this Order. The Port shall notify Ecology seven (7) days in advance of any
sample collection or work activity at the Site. Ecology shall, upon request, allow the Port and/or
its 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.F (Access),
Ecology shall notify the Port 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 Chapter 173-50 WAC for the specific analyses to be
conducted, unless otherwise approved by Ecology. 
H.    Public Participation 
A Public Participation Plan is required for this Site. Ecology shall review any existing Public
Participation Plan to determine its continued appropriateness and whether it requires amendment,
or if no plan exists, Ecology shall develop a Public Participation Plan alone or in conjunction
with the Port. 
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Ecology shall maintain the responsibility for public participation at the Site. However,
the Port shall cooperate with Ecology, and shall: 
1.     If agreed to by Ecology, develop appropriate mailing list, 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 of all press releases
and fact sheets, and before major meetings with the interested public and local governments.
Likewise, Ecology shall notify the Port prior to the issuance of all press releases and fact sheets,
and before major meetings with the interested public and local governments. For all press
releases, fact sheets, meetings, and other outreach efforts by the Port that do not receive prior
Ecology approval, the Port shall clearly indicate to its audience that the 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.     South Park Branch of Seattle Public Library 
8604 Eighth Ave. S. at Cloverdale St. 
Seattle, WA 98108 
Telephone: (206) 615-1688 
b.     Ecology's Northwest Regional Office-Central Files 
3190 160th Avenue SE 
Bellevue, WA 98008 
Telephone: (425) 649-7190 

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At a minimum, copies of all public notices, fact sheets, and press releases; all quality assured
monitoring data; remedial action plans and reports, supplemental remedial planning documents,
and all other similar documents relating to performance of the remedial action required by this
Order shall be promptly placed in these repositories. 
I.      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 Port 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 Port shall make all records available to Ecology
and allow access for review within a reasonable time. 
J.     Resolution of Disputes 
1.     In the event a dispute arises as to an approval, disapproval, proposed change, or
other decision or action by Ecology's project coordinator, or an itemized billing statement under
Section VIII.B (Remedial Action Costs), the Parties shall utilize the dispute resolution procedure
set forth below. 
a.     Upon receipt of Ecology's project coordinator's written decision or the
itemized billing statement, the Port has fourteen (14) days within which to notify
Ecology's project coordinator in writing of its objection to the decision or itemized
statement. 
i.       The PLP shall include in the written objection sufficient detail to
allow Ecology to evaluate the merits of the dispute. 
ii.      Such detail shall include the specific Ecology determination or
direction or itemized statement in dispute and shall include specific
argument(s) documenting the basis for invoking the dispute
resolution procedure. 
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iii.     Clarification of Ecology directions or determinations shall not be
handled through the dispute resolution procedure. The Ecology
Project Coordinator will make such clarifications in a manner and
time they deem appropriate to expedite to the maximum extent
practicable the work performed under this order. 
b.     The Parties' project coordinators shall then confer in an effort to resolve
the dispute. If the project coordinators cannot resolve the dispute within fourteen
(14) days, Ecology's project coordinator shall issue a written decision. 
c.     The Port may then request regional management review of the decision.
This request shall be submitted in writing to the Northwest Region Toxics Cleanup
Section Manager within seven (7) days of receipt of Ecology's project coordinator's
written decision. 
d.     The Section Manager shall conduct a review of the dispute and shall
endeavor to issue a written decision regarding the dispute within thirty (30) days of the
Port's request for review.  The Section Manager's decision shall be Ecology's final
decision on the disputed matter. 
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. 
K.    Extension of Schedule 
1.     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: 
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a.     The deadline that is sought to be extended; 
b.     The length of the extension sought; 
c.     The reason(s) for the extension; and 
d.     Any related deadline or schedule that would be affected if the extension
were granted. 
2.     The burden shall be on the Port 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 Port including delays caused by unrelated third parties or Ecology, such
as (but not limited to) delays by Ecology in reviewing, approving, or modifying
documents submitted by the Port; 
b.     Acts of God, including fire, flood, blizzard, extreme temperatures, storm,
or other unavoidable casualty; or 
c.     Endangerment as described in Section VIII.M (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
Port. 
3.     Ecology shall act upon any written request for extension in a timely fashion.
Ecology shall give the Port 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.L 
(Amendment of Order) when a schedule extension is granted. 
4.     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: 
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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; or 
c.     Endangerment as described in Section VIII.M (Endangerment). 
L.    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.N (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 both Ecology and the Port. The Port shall submit a
written request for amendment to Ecology for approval. Ecology shall indicate its approval or
disapproval in writing and in a timely manner after the written request for amendment is
received. If the amendment to this Order represents a substantial change, Ecology will provide
public notice and opportunity to comment.  Reasons for the disapproval of a proposed
amendment to this Order shall be stated in writing. If Ecology does not agree to a proposed
amendment, the disagreement may be addressed through the dispute resolution procedures
described in Section VIII.J (Resolution of Disputes). 
M.   Endangerment 
In the event Ecology determines that any activity being performed at the Site 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 Port to cease such activities for such period of time as it deems
necessary to abate the danger. The Port shall immediately comply with such direction. 
In the event the Port determines that any activity being performed at the Site is creating
or has the potential to create a danger to human health or the environment, the Port may cease
such activities. The Port shall notify Ecology's project coordinator as soon as possible, but no
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later than twenty-four (24) hours after making such determination or ceasing such activities.
Upon Ecology's direction the Port shall provide Ecology with documentation of the basis for the
determination or cessation of such activities. If Ecology disagrees with the Port's cessation of
activities, it may direct the Port to resume such activities. 
If Ecology concurs with or orders a work stoppage pursuant to Section VIII.M 
(Endangerment), the Port's obligations 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.K (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. 
N.    Reservation of Rights 
This Order is not a settlement under Chapter 70.105D RCW. 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 Port 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 Port regarding remedial actions required by this
Order, provided the Port complies 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. 

AGREED ORDER 
NO. DE ________________ 
Page 17 of 21

O.    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 the Port's transfer 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 of said transfer. Upon transfer of any
interest, the Port shall restrict uses and activities to those consistent with this Order and notify all
transferees of the restrictions on the use of the property. 
P.    Compliance with Applicable Laws 
1.     All actions carried out by The Port pursuant to this Order shall be done in
accordance with all applicable federal, state, and local requirements, including requirements to
obtain necessary permits, except as provided in RCW 70.105D.090. Federal requirements that
apply include the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) or federal Superfund Law, and National Pollution Discharge Elimination System
(NPDES). State requirements that apply include the Sediment Management Standards (WAC
173-204). 
2.     Pursuant to RCW 70.105D.090(1), the Port  is 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 Port shall comply with the
substantive requirements of such permits or approvals. At this time, no state or local permits or
approvals have been identified as being applicable but procedurally exempt under this Section. 
The Port has a continuing obligation to determine whether additional permits or
approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial
AGREED ORDER 
NO. DE ________________ 
Page 18 of 21

action under this Order. In the event either Ecology or the Port 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 party of its determination.
Ecology shall determine whether Ecology or the Port shall be responsible to contact the
appropriate state and/or local agencies. If Ecology so requires, the Port 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 Port and on how the Port must meet those requirements.
Ecology shall inform the Port in writing of these requirements. Once established by Ecology, the
additional requirements shall be enforceable requirements of this Order. The Port shall not begin
or continue the remedial action potentially subject to the additional requirements until Ecology
makes its final determination. 
3.     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 Port 
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. 
Q.    Indemnification 
The Port agrees to indemnify and save and hold the State of Washington, its employees,
and agents harmless from any and all claims or causes of action for death or injuries to persons
or for loss or damage to property to the extent arising from or on account of acts or omissions of
the Port, its officers, employees, agents, or contractors in entering into and implementing this
Order. However, the Port 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
AGREED ORDER 
NO. DE ________________ 
Page 19 of 21

the 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 the Port's receipt of written
notification from Ecology that the Port has completed the remedial activity required by this
Order, as amended by any modifications, and that the Port has 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.    In the event the Port refuses, without sufficient cause, to comply with any term of
this Order, the Port will be liable for: 
a.     Up to three (3) times the amount of any costs incurred by the State of
Washington as a result of its refusal to comply; and 
b.     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.
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 
AGREED ORDER 
NO. DE ________________ 
Page 20 of 21

Tay Yoshitani                         Robert W. Warren, P. Hg., MBA 
CEO                       Section Manager 
PO Box 1209                       Toxics Cleanup Program 
Seattle, WA 98111-1209                 Northwest Regional Office 
Telephone: (206) 728-3000               3190 160th Avenue SE 
Bellevue, WA 98008 
Telephone: (425) 649-7054 













AGREED ORDER 
NO. DE ________________ 
Page 21 of 21

Tomlnal 115 North
















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EXHIBIT B  SCOPE OF WORK (SOW) 
PURPOSE 
The Scope of Work (SOW) under this Agreed Order (AO) involves completing an
approved Remedial Investigation (RI), Feasibility Study (FS) and Draft Cleanup Action
Plan (DCAP) to provide for the selection of a cleanup alternative. The site is generally
located at 6000 West Marginal Way Southwest in Seattle, Washington and is referred to
as Port of Seattle N Terminal 115 (the Site). The purpose of the RI/FS and DCAP for the
Site is to provide sufficient data, analysis, and evaluations to enable the State of
Washington, Department of Ecology (Ecology) to select a cleanup alternative for the Site.
The Potentially Liable Persons (PLP) shall complete a RI/FS that meets the requirements
of Chapter 173-340 WAC. 
The Port of Seattle (Port) and Ecology will work cooperatively to support public
participation in the scoping and implementation of the work performed under the AO in
accordance with Section VIII.C of the AO. All work identified below shall be performed
in accordance with the schedule in Exhibit C.
The SOW is divided into six major tasks as follows: 
Task 1. RI/FS Work Plan 
Task 2. Remedial Investigation 
Task 3.  Interim Action Work Plan (if required) 
Task 4. Feasibility Study and SEPA Compliance 
Task 5. Draft Cleanup Action Plan (DCAP) 
Task 6. Progress Reports 
TASK 1: PREPARE RI/FS WORK PLANS 
The Port shall prepare a draft RI/FS Work Plan. The Work Plan shall include an overall
description and schedule of all RI/FS activities. The Work Plan shall clearly describe the
project management strategy for implementing and reporting on RI/FS activities. The
responsibility and authority of all organizations and key personnel involved in conducting
the RI/FS will be outlined. 
The Work Plan shall describe general facility information; site history and conditions,
including previous operations and ownership; past field investigations, including any data
collection and analysis of soils, air, groundwater, surface water, and sediments; a
conceptual site model showing contaminants, migration pathways in all environmental
media, and 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. The Draft
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 Work
Plan in compliance with WAC 173-340-820 and WAC 173-204-600 for defining the
Page 1 of 8 
01883-0073/LEGAL14925537.1




Scope of Work 
Port of Seattle N Terminal 115 
nature and extent of contamination. The Draft Work Plan will also contain a Health and
Safety Plan (HSP) to be followed during conductance of the RI/FS. 
The SAP identifies the proposed number and location of all environmental samples and
methods, including soil borings, groundwater monitoring wells, soil, groundwater,
stormwater, seep, catch basin and sediment samples, approximate depths, and includes a
quality assurance project plan. 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 Preparing Quality Assurance Project Plans for Environmental
Studies (July 2004) and Sediment Sampling and Analysis Plan Appendix (February
2008). These documents can be found at http://www.ecy.wa.gov/pubs/wac173204.pdf 
and http://www.ecy.wa.gov/biblio/0309043.html respectively. Examples of completed
QAPPs can be found at http://www.ecy.wa.gov/biblio/qapp.html. 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 HSP will be submitted to Ecology as part of the
RI/FS Work Plan for review and approval. Environmental work pursuant to this AO at
the Site may not begin without written approval from Ecology. Except where necessary
to abate an emergency situation, the Port shall not perform any remedial actions at the
Site outside those remedial actions required by the AO, unless Ecology concurs, in
writing, with such additional remedial actions. The plan shall provide fourteen (14) days
notice to Ecology prior to beginning sampling. Ecology may obtain split samples. 
The Port or their contractors shall submit all new sampling data generated under this SAP
and any other recently 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. Only
validated data will be entered into the EIM database. 
RI/FS tasks and subtasks will include the following:
Sampling and analysis of soil, groundwater, and seeps. 
Sampling and analysis of surface and subsurface sediments in the Lower
Duwamish Waterway (LDW). 
Sampling and analysis of stormwater and catch basin solids; if stormwater and
catch basin contaminants are present, determine the source of the contaminants by
sampling necessary media. 
An evaluation of the exposure pathways for known and suspected discharges from
operations, which shall include: 
o  Direct discharges 
o  Site operations 
o  Stormwater discharges from all operations 
o  Preferential subsurface pathways 
o  Groundwater discharges, seeps and interflow 
01883-0073/LEGAL14925537.1       Page 2 of 8

Scope of Work 
Port of Seattle N Terminal 115 
o  Soil erosion 
o  Historical spills, dumping, leaks, housekeeping, and management
practices 
o  Underground storage tanks (USTs), underground piping, and similar
structures; 
o  Air deposition 
Development of a Preliminary Conceptual Site Model (CSM) that includes the
characterization of contaminant sources, types, concentrations and distribution of
hazardous substances, potentially contaminated media, and actual and potential
exposure pathways and receptors; 
Identification and evaluation of data gaps; and 
Evaluate the potential to contaminate or re-contaminate sediments 
Evaluate whether fill is contaminated or provides a contaminate source to the
LDW or sediments.
The FS portion of the Work Plan 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, Sediment
Management Standards 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). See Task 4 for more specific requirements. 
The Work Plan shall not be implemented until approved by Ecology. Once approved by
Ecology, The Port will implement the work plan according to the schedule contained in
Exhibit C. 
The Port shall coordinate with Ecology throughout the development of the RI/FS and
DCAP and shall keep Ecology informed of changes to the work plan and other project
plans and of issues and problems as they develop.
The Port shall prepare two (2) copies of the Draft RI/FS Work Plan and submit them,
including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology
for review and comment. After addressing Ecology's comments on the Draft Work Plan
and after Ecology approval, The Port shall prepare five (10) copies of the Final Work
Plan and submit them, including one electronic copy each in Word (.doc) and Adobe 
(.pdf) formats, to Ecology.
TASK 2. REMEDIAL INVESTIGATION 
The Port shall conduct a Remedial Investigation (RI) that meets the requirements of
WAC 173-340-350(7) and WAC 173-204-560 according to the Work Plan as approved
by Ecology. The RI will determine the nature and extent of contamination exceeding
Model Toxics Control Act (MTCA) cleanup levels, Sediment Management Standards
(SMS) cleanup standards, 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 Work Plan
SAP, QAPP, and HSP. Deviation(s) from the approved SAP, QAPP, and reviewed HSP
must be communicated to Ecology immediately and documented as required by Ecology. 
The Port shall provide interim data reports and updates to Ecology as new site data and
information become available. Laboratory analysis data shall also be provided in
01883-0073/LEGAL14925537.1       Page 3 of 8

Scope of Work 
Port of Seattle N Terminal 115 
electronic format when it has been validated. Raw laboratory data will be provided to
Ecology upon request. 
During Site investigations, remedial actions might be identified that if taken will reduce
or eliminate sources of contamination to the LDW. Ecology will determine if the
remedial actions identified should be implemented prior to completion of the RI/FS.
Remedial actions implemented prior to completion of the RI/FS will be considered
interim actions and will be implemented in accordance with WAC 173-340-430.
Remedial actions for contaminated sediments will be designated partial cleanup actions
and will be implemented pursuant to WAC 173-204-550(3)(d). Should an interim action
be required, Ecology will require that the Port submit an Interim Action Work Plan for
approval and implementation. 
The Port shall compile the results of the Site investigation into a Draft RI report. The
Port shall prepare two (2) copies of the Draft RI report and submit them, including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review and
comment. Figures, diagrams or maps shall be submitted in the Geographic Information
System shape file (.shp) format or AutoCAD file (.dwg) format. 
After addressing Ecology's comments on the Draft RI report, The Port shall prepare five
(5) copies of a Final RI report and submit them, including one electronic copy each in
Word (.doc) and Adobe (.pdf) formats, to Ecology for distribution and public comment.
Electronic survey data for sampling and monitoring locations, electronic lab data, and
Geographic Information System GIS shape file (.shp) format or AutoCAD file (.dwg)
format maps of contaminant distribution shall also be provided for both the Draft and
Final RI reports. 
If the data collected during this investigation is insufficient to define the full nature and
extent of contamination, an additional phase of investigation shall be conducted to define
the extent of contamination. 
TASK 3. INTERIM ACTION WORK PLANS (if required) 
During Site investigations, remedial actions might be identified that if taken will reduce
or eliminate sources of contamination to the Lower Duwamish Waterway. Ecology will
determine if the remedial actions identified should be implemented prior to completion of
the RI/FS and/or DCAP. Remedial actions at the Site implemented prior to completion
of the RI/FS will be considered interim actions and will be designed in a manner that will
not foreclose reasonable alternatives for any final cleanup action that may be required 
and will be implemented in accordance with WAC 173-340-430 and Section VI.E of the
Agreed Order.
When required by Ecology, or if proposed by the PLP and approved by Ecology, the PLP 
will implement interim actions at the Site. Based upon information in the 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. 
Interim remedial actions include 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; 

01883-0073/LEGAL14925537.1       Page 4 of 8

Scope of Work 
Port of Seattle N Terminal 115 
that correct a problem that may become substantially worse or cost substantially
more to address if the remedial action is delayed; or 
that are needed to provide for completion of the remedial investigation/feasibility
study or design of the cleanup action. 
The scope of the interim actions at the Site may include, but not be limited to typical
source control or containment elements such as: 
Soil and/or sediment removal; 
Groundwater remediation; 
Repair, slip lining, replacement, or closure of stormwater conveyances or other 
structures such as conduit, 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. 
Performance and/or confirmation sampling; and, 
If an interim action is to be performed by the PLP, the PLP will prepare and submit for
Ecology review a draft Interim Action Work Plan (IAWP) with detail commensurate with
the work to be performed. The 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 (CMP); and, 
HSP 
SAP/QAPP. 
Once approved by Ecology, the PLP will implement the interim action according to the
schedule contained in the IAWP. 
The PLP shall prepare two (2) copies of the draft IAWP and submit them, including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review and
comment. After addressing Ecology's comments on the draft IAWP and after Ecology
approval, the PLP shall prepare ten (10) copies of the final IAWP and submit them,
including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology. 
Upon successful completion of the work, an Interim Action Report will be prepared as a
separate deliverable. The PLP shall prepare two (2) copies of the Interim Action Report
and submit them, including one electronic copy each in Word (.doc) and Adobe (.pdf)
formats, to Ecology for review and comment. After Ecology approval, athe PLP shall
prepare five (5) copies of the Interim Action Report and submit them, including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats, to Ecology.

01883-0073/LEGAL14925537.1       Page 5 of 8

Scope of Work 
Port of Seattle N Terminal 115 
TASK 4. FEASIB ILITY STUDY AND SEPA COMPLIANCE 
Task 4.1 Feasibility Study 
The PLP shall use the information obtained in the RI to prepare a FS that meets the
requirements of WAC 173-340-350(8) according to the approved RI/FS Work Plan and
schedule (Exhibit C). 
The Draft FS will evaluate remedial alternatives for Site cleanup, consistent with MTCA
requirements to ensure protection of human health and the environment by eliminating,
reducing, or otherwise controlling risk posed through each complete exposure pathway 
and migration route. 
The FS will provide an 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 a preferred remedial Cleanup Action, and WAC 173-204-560(4), including a
detailed evaluation of remedial alternatives relative to the following criteria: 
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 PLP shall prepare two (2) copies of the Draft FS report and submit them, including
one electronic copy in Word (.doc) and Adobe (.pdf) formats, to Ecology for review and
comment. Figures, diagrams or maps shall be submitted in the Geographic Information
System shape file (.shp) format or AutoCAD file (.dwg) format. 
After addressing Ecology's comments on the preliminary draft report and after Ecology
approval, the PLP shall prepare ten (10) copies of the Draft Final FS report and submit
them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to
Ecology for distribution and public comment. Figures, diagrams or maps shall be
submitted in the Geographic Information System shape file (.shp) format or AutoCAD
file (.dwg) format. 

Task 4.2 SEPA Checklist 

01883-0073/LEGAL14925537.1       Page 6 of 8

Scope of Work 
Port of Seattle N Terminal 115 
The PLP 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 PLP shall be
responsible for the preparation of draft and final Environmental Impact Statements (EIS).
The PLP 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 4.3 Final FS and Responsiveness Summary 
The PLP shall support Ecology in presenting the Final RI and Draft Final FS reports and
SEPA evaluations at one public meeting or hearing. The PLP 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. 
After the public comment periods are completed, the PLP shall prepare a Draft
Responsiveness Summary that addresses public comments and prepare a second Draft
Final FS report that addresses public comments. The PLP shall prepare two (2) copies of
the Draft Responsiveness Summary and second Draft Final FS report and submit them to
Ecology for review and comment, including one electronic copy each in Word (.doc) and
Adobe (.pdf) formats, to Ecology for distribution and public comment. 
After addressing Ecology's comments, the PLP shall prepare ten (10) copies of the Final
Responsiveness Summary and Final FS report and submit them to Ecology for
distribution, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats. 
TASK 5: PREPARE A DRAFT CLEANUP ACTION PLAN 
Upon Ecology approval of the final RI and FS report, the PLP shall prepare a draft
Cleanup Action Plan (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 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 PLP will submit a DCAP for Ecology's review and approval. The DCAP will
include, but not be limited to, the information listed under WAC 173-340-380. The PLP 
shall prepare two (2) copies of the DCAP and submit them, including one electronic copy
each in Word (.doc) and Adobe (.pdf) formats, to Ecology for review and comment.
Figures, diagrams or maps shall be submitted in the Geographic Information System
shape file (.shp) format or AutoCAD file (,dwg) format. 
After receiving Ecology's comments on the DCAP, if any, the PLP shall revise the
DCAP to address Ecology's comments and submit ten (10) copies including one
electronic copy each in Word (.doc) and Adobe (.pdf) formats. 


01883-0073/LEGAL14925537.1       Page 7 of 8

Scope of Work 
Port of Seattle N Terminal 115 
TASK 6. PROGRESS REPORTS 
The Port shall submit progress reports monthly. Progress reports shall be submitted to
Ecology until satisfaction of the AO in accordance with Section IX of the AO. Progress 
Reports shall be submitted to the Ecology project coordinator by the 15th of the month
following the reporting month, beginning with the first full month after the Agreed Order
is executed. Ecology expects monthly reports and may allow quarterly reports when there
is less work. If the 15th is a weekend or holiday, deliverables will be submitted to
Ecology on the next business day. At a minimum, progress reports shall contain the
following information regarding the preceding reporting period: 
A description of the actions which have been taken to comply with the AO during
the previous reporting period, 
Summaries of sampling and testing reports and other data reports received by the
Port, 
Summaries of deviations from approved work plans, 
Summaries of contacts with representatives of the local community, public
interest groups, press, and federal, state, or tribal governments, 
Summaries of problems or anticipated problems in meeting the schedule or
objectives set forth in the SOW and Work Plan, 
Summaries of solutions developed and implemented or planned to address any
actual or anticipated problems or delays, 
Changes in key personnel, and 
A description of work planned for the next reporting period. 










01883-0073/LEGAL14925537.1       Page 8 of 8

EXHIBIT C  SCHEDULE OF DELIVERABLES 
The schedule for deliverables described in Exhibit B of this Agreed Order is presented
below. If at any time during the RI/FS/DCAP process unanticipated conditions or
changed circumstances are discovered which might result in a schedule delay, the Port of
Seattle shall bring such information to the attention of Ecology. Any requests for a
schedule extension will be undertaken as required in this Agreed Order, Section VIII.K.
(Extension of Schedule). Any completion times that fall on a holiday or weekend will be
extended to the next working day. 
Deliverables                      Completion Times 
Draft Remedial Investigation (RI)/Feasibility  60 calendar days following effective date of
Study (FS) Work Plan, Sampling Plan (SAP), this Agreed Order 
and Quality Assurance Project Plan (QAPP) 
Final RI/FS Work Plan, SAP, QAPP and    45 calendar days following receipt of
Health and Safety Plan (HSP)            Ecology's review comments on the draft
RI/FS Work Plan, SAP and QAPP 
Remedial Investigation Sampling Completed  12 months following Ecology's approval of
the Final RI/FS Work Plan 
Submit Validated Data to Ecology         Within 90 days following analysis 
Draft RI Report                      90 days following receipt of all validated
data from RI Sampling 
Final RI Report                      45 calendar days following receipt of
Ecology's review comments on the draft RI
report 
Draft FS Report                     90 days following completion of the Final
RI Report 
Draft Final FS Report                 45 calendar days following receipt of
Ecology's review comments 
2nd Draft Final FS Report               60 calendar days following completion of
the public comment period 
Draft Responsiveness Summary and Final    45 calendar days following public comment
Feasibility Study                      period 
Final Responsiveness Summary          30 calendar days following receipt of
Ecology's review comments 
Draft Cleanup Action Plan (DCAP)        90 calendar days following completion of
the Final FS Report 
Progress Reports                     The 15th of every month beginning after the
completion of the first full month after the
effective date of this Agreed Order 


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