COMMISSION 
AGENDA MEMORANDUM                        Item No.          6f 
ACTION ITEM                            Date of Meeting       June 12, 2018 
DATE:     March 22, 2018 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Kathy Bahnick, Senior Manager, Remediation Programs 
Joanna Florer, Senior Environmental Program Manager 
SUBJECT:  Begin cleanup design of the Lower Duwamish Waterway 
Amount of this request:                       $0 
Total estimated project cost:          $3,750,000 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to: (1) execute a Fourth
Amendment to the Administrative Order on Consent with the U.S. Environmental Protection
Agency for the Lower Duwamish Waterway Superfund Site; and (2) execute a Sixth Amendment
to the Lower Duwamish Waterway Group Memorandum of Agreement to contract for and
perform cleanup design of the upper third of the waterway. The estimated cost is
approximately $15,000,000, split equally between the four parties. 
EXECUTIVE SUMMARY 
The purpose of this fourth amendment to the Administrative Order on Consent (Order) is to
begin the design of the cleanup work for the Site. Since 2001, the Port, the City of Seattle, King
County, and The Boeing Company (referred to as the Lower Duwamish Waterway Group, or
LDWG) have been working under an agreement with the U.S. Environmental Protection Agency
(EPA) to perform cleanup investigation activities for the Lower Duwamish Waterway (LDW) 
Superfund Site (Site). 
LDWG completed the Remedial Investigation/Feasibility Study, a fisher study and a carbon
amendment pilot study under the original Order and two subsequent amendments. LDWG has
nearly completed the pre-design study under the third amendment to the Order. The next
phase of work contemplated in this new amendment to the Order will be to complete remedial
design for the upper third of the waterway in order to advance implementation of the selected
remedy for the LDW. This work will include studies to delineate the location of the different
cleanup approaches, development of the engineering design drawings and specifications, and
continuing fish tissue and water monitoring. The Port anticipates continued participation, along
with the other LDWG partners, in this initial remedial design work that must be completed prior
to implementation of the LDW site cleanup. 

Template revised April 12, 2018.

COMMISSION AGENDA  Action Item No. 6f                                Page 2 of 5 
Meeting Date: June 12, 2018 

No funding is requested at this time. Funds to perform the Port's share of this work will
continue to be included in the Environmental Remediation Liability annual authorization. 

The Memorandum of Agreement (MOA) amendment identifies the contracting and cost sharing
arrangement for this work. The amendment of the MOA between the LDWG parties is to
address how the LDWG parties will contract for the design and studies requested by the EPA,
and share the cost of this work and the agency oversight costs. 

JUSTIFICATION 
This work supports the Century Agenda goal of being the greenest, most energy efficient Port in
North America by moving toward cleanup of the Lower Duwamish Waterway. Meeting our LDW 
Superfund obligation is a critical component of the Green Gateway strategy of meeting our
legal obligations as efficiently and effectively as possible. It also supports the emerging strategic
focus on social equity by moving the cleanup forward for a site located on the shores of two
environmental justice communities, South Park and Georgetown. 
Addressing unacceptable levels of environmental risk caused by the presence of contaminants
in soil, groundwater, and sediment is not only the goal of numerous state and federal laws; it
reflects our commitment to environmental stewardship, from the perspectives of both the
surrounding communities and the customers that we serve. Beginning the design is a critical
step in moving towards a cleanup for the LDW that is capable of implementation. 
The local communities (South Park and Georgetown) are actively watching and commenting on
this cleanup project and are eager to see the Site cleanup continue to move forward. 
DETAILS 
The Statement of Work detailed in the fourth amendment to the Order requires that LDWG
perform remedial design tasks for the upper third of the waterway from river mile 3.0 to 5.0.
Source control work continues and is expected to be complete for the upper third of the river
prior to construction being initiated. 
Scope of Work 
As presented in the Statement of Work attached to the fourth amendment to the Order, LDWG
will perform the following tasks: 
1.  Design of the cleanup for the upper third of the LDW 
2.  Ongoing monitoring of site conditions 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6f                                Page 3 of 5 
Meeting Date: June 12, 2018 
a.  Water quality 
b.  Fish and crab tissue 
3.  Continued  funding  for  development  of  the  Institutional  Control  Plan  for  seafood
consumption,  aimed  at  educating  local  fisherpeople  on  safe  resident  seafood
consumption. 
Schedule 
The schedule of the required work is based on the Statement of Work attached to the fourth
amendment to the Order. 
Activity                                              Estimated Schedule 
Commission authorization of Order              Q2  2018 
Contracting                                     Q3/ Q4  2018 
Begin Design process for the upper third         Q1  2019 
Cost Breakdown                                 Estimated Total
Project (Port Share) 
Design of upper third                                    $3,750,000 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
Alternative 1  Do not authorize entering into either Amendment 
Cost Implications: $0 at this time, but comes with certain risks. 
Pros: 
(1) Could delay the spending on this work until a later date, if the Port does not enter into
the Order amendment but the other LDWG partners do. 
Cons: 
(1) Could result in EPA imposing a unilateral enforcement order requiring the Port and/or
LDWG and/or a collection of other parties including the Port to perform the work. 
(2) Could result in other parties, including the LDWG parties, potentially left responsible to
perform the work and later bringing a claim for contribution against the Port. 
(3) Would impact the Port's ability to influence the extent and design of the work
performed. 
(4) Would not move the cleanup of the LDW forward in an expeditious fashion. 
(5) Would not be consistent with the values of the Port. 
(6) Not performing this work could tarnish the Port's reputation with EPA and the
community as having a commitment to public health and being a steward of community
resources and the environment. 
This is not the recommended alternative. 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6f                                Page 4 of 5 
Meeting Date: June 12, 2018 

Alternative 2  Authorize entering into both Amendments 
Cost Implications: Approximately $3,750,000 (25 percent of $15 million). 
Pros: 
(1)   Ensures compliance and continued cooperation with EPA. 
(2)   Enables progress toward the ultimate cleanup. 
(3)   Continues current working relationship among the LDWG partners and continues cost
sharing for the required additional studies and agency oversight. 
(4)   Demonstrates the Port's commitment to public health and being  a responsible
steward of community resources and the environment. 
Cons: 
(1)   Costs of approximately $3,750,000 by the Port to complete the Order's Statement of
Work. 
This is the recommended alternative. 
FINANCIAL IMPLICATIONS 
There is no funding request as part of this authorization.  Funding for the associated scope of
work and costs is included in the annual Environmental Remedial Liability (ERL) authorization.
Under the MOA amendment covering this work, the costs would be shared with our LDWG
partners. Port costs may also be eligible for insurance reimbursement and/or state grant
recovery.
Cost Estimate/Authorization Summary              Capital        Expense           Total 
COST ESTIMATE 
Original estimate                                          $0     $3,750,0000     $3,750,0000 
AUTHORIZATION 
Previous authorizations (by ERL)                            0     $3,750,0000     $3,750,0000 
Current request for authorization                          0                0                0 
Total authorizations, including this request                  0                0                0 
Remaining amount to be authorized                    $0             $0             $0 
ATTACHMENTS TO THIS REQUEST 
(1) Presentation Slides 
(2) Fourth  Amendment  to  the  Administrative  Order  on  Consent  for  Remedial
Investigation/Feasibility Study for the Lower Duwamish 
(3) Sixth  Amendment  to  the  Lower  Duwamish  Waterway  Group  Memorandum  of
Agreement 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6f                                Page 5 of 5 
Meeting Date: June 12, 2018 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
November 6, 2017  The Commission authorized spending environmental remediation
liabilities  funds  for  2018  in  the  amount  of  $19,800,000  and  a  five-year  plan  of
$88,800,000 for Environmental Remediation Liability Program for 2018-2022 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2018 to be
spent in future years. 
April 12, 2016 - Third Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Fourth  Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement 
July 1, 2014  Second Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Second Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement 
February 26, 2013   First Amendment to the Lower Duwamish Waterway Group
Administrative Order on Consent 
January 22,  2013   First  Amendment  to the  Lower  Duwamish  Waterway  Group
Memorandum of Agreement 
October 12, 2010  Briefing on the Lower Duwamish Waterway Feasibility Study 
May 5, 2009  Briefing on the Lower Duwamish Waterway Feasibility Study 
November 4, 2008  Briefing on the Lower Duwamish Waterway Remedial Investigation
and Feasibility Study 
November 6, 2007  Briefing on Lower Duwamish Sediment Superfund Site 










Template revised September 22, 2016; format updates October 19, 2016.