Attachment 6a - T-91 agreed order for Special Meeting held Jan 07, 2020 12:00pm at Pier 69

6a - T-91 agreed order

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by: AGREED ORDER
The Port of Seattle No. DE 24768

TO: Mr. Stephen P. Metruck
Executive Director
Port of Seattle
P.O. Box 1209
Seattle, WA 98121-1209
TABLE OF CONTENTS
I. INTRODUCTION ..................................................................................................................2
II. JURISDICTION .....................................................................................................................2
III. PARTIES BOUND .................................................................................................................2
IV. DEFINITIONS ........................................................................................................................2
V. FINDINGS OF FACT.............................................................................................................7
VI. ECOLOGY DETERMINATIONS .......................................................................................11
VII. WORK TO BE PERFORMED .............................................................................................13
VIII. TERMS AND CONDITIONS ..............................................................................................16
A. Payment of Remedial Action Costs ......................................................................................16
B. Designated Project Coordinators ..........................................................................................16
C. Performance ..........................................................................................................................17
D. Access ...................................................................................................................................18
E. Sampling, Data Submittal, and Availability .........................................................................19
F. Public Participation ...............................................................................................................19
G. Retention of Records ............................................................................................................21
H. Resolution of Disputes ..........................................................................................................21
I. Extension of Schedule ..........................................................................................................22
J. Amendment of Order ............................................................................................................24
K. Endangerment .......................................................................................................................24
L. Reservation of Rights............................................................................................................25
M. Transfer of Interest in Property .............................................................................................26
N. Compliance with Applicable Laws .......................................................................................26
P. Indemnification .....................................................................................................................28
IX. SATISFACTION OF ORDER .............................................................................................29
X. ENFORCEMENT .................................................................................................................29
EXHIBIT A Facility Diagram
EXHIBIT B Scope of Work and Schedule

502196151 v5

Agreed Order No. DE 24768
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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) per WAC 173-340-350 and WAC 173-
204-550 of the Submerged Lands Area of the Terminal 91 Facility. The Parties anticipate that this
Order will be amended in the future to require additional tasks, including conducting a feasibility
study and developing a draft Cleanup Action Plan. Ecology believes the actions required by this
Order are in the public interest.
II. JURISDICTION
This Agreed Order is issued pursuant to the authority of the Model Toxics Control Act
(MTCA), RCW 70.105D.050(1). This Order also satisfies the requirements of WAC 173-303-646
through -64630.
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 the 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, WAC 173-
204, and WAC 173-340 shall control the meanings of the terms used in this Order.

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A. 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.
B. Cleanup Standards: Refers to the standards promulgated under
RCW 70.105D.030(2)(e) and includes (1) hazardous substance concentrations (cleanup
levels) that protect human health and the environment, (2) the location at the Facility where
those cleanup levels must be attained (points of compliance), and (3) additional regulatory
requirements that apply to a cleanup because of the type of action and/or the location of
the Facility.
C. Corrective Action: Refers to any activities including investigations, studies,
characterizations, and corrective measures, including actions taken pursuant to RCW
70.105D and WAC 173-340, undertaken in whole or in part to fulfill the requirements of
WAC 173-303-64620.
D. Corrective Measure: Refers to any measure or action to control, prevent, or
mitigate release(s) and/or potential release(s) of dangerous constituents (including
dangerous waste and hazardous substances) reviewed and approved by Ecology for the
Facility and set forth in a Facility-specific cleanup action plan prepared in compliance with
the requirements of WAC 173-340, including WAC 173-340-360. Corrective measures
may include interim actions as defined by WAC 173-340. Interim actions will not
necessarily be set forth in a Facility-specific cleanup action plan.
E. Dangerous Constituent or Dangerous Waste Constituent: Refers to any
constituent identified in WAC 173-303-9905 or 40 C.F.R. part 264, appendix IX; any
constituent that caused a waste to be listed or designated as dangerous under the provisions
of WAC 173-303; and any constituent defined as a hazardous substance under
RCW 70.105D.020(13).

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F. Dangerous Waste: Refers to any solid waste designated in WAC 173 -303-
070 through -100 as dangerous or extremely hazardous or mixed waste. Dangerous wastes
are considered hazardous substances under RCW 70.105D.020(13).
G. Facility: The Facility is referred to as the Port of Seattle, Teminal 91. The
Facility includes areas where releases of Hazardous Substances originating from Terminal
91 have come to be located, and is generally located at 2001 West Garfield Street, Seattle,
Washington. The Facility is defined by the extent of contamination caused by the releases
of Hazardous Substances and includes both submerged lands and uplands. The Facility, as
currently known to exist, is depicted in Exhibit A to this Order. The Facility is comprised
of three separate and distinct areas: (1) the Tank Farm Affected Area; (2) the Submerged
Lands Area; and (3) the Upland Area. "Facility" also includes the definition found in RCW
70.105D.020(8).
H. Parties: Refers to the State of Washington, Department of Ecology and the
Port.
I. Potentially Liable Person (PLP(s)): Refers to the Port of Seattle.
J. Permit or Permitting Requirement: Unless otherwise specified, refers to the
requirements of WAC 173-303 for applying for, obtaining, maintaining, modifying, and
terminating Dangerous Waste Management Facility permits.
K. RCRA: Refers to the Resource Conservation and Recovery Act, 42 U.S.C.
69016992k.
L. RCRA Facility Assessment (RFA): Refers to the EPA conducted
investigation of release(s) and potential release(s) at the Dangerous Waste Management
Facility and the information contained in the 1994 Terminal 91 RCRA Facility Assessment
report (RFA Report). The RFA Report is incorporated into this Order by this reference as
if fully set forth herein.

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M. Release: Refers to any int entional or unintentional spilling, leaking,
pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching,
dumping, or disposing of dangerous waste or dangerous constituents into the environment.
It also includes the abandonment or discarding of barrels, containers, and other receptacles
containing dangerous waste or dangerous constituents, and includes the definition of
"release" in RCW 70.105D.020(32).
N. Remedial Investigation (RI): Refers to a facility-wide investigation and
characterization performed in accordance with the requirements of WAC 173-340-350,
WAC 173-204-550, and the Scope of Work attached to this Order, which includes the
substantive requirements for a RCRA facility investigation, undertaken in whole or in part
to fulfill the corrective action requirements of WAC 173-303-64620.
O. Submerged Lands Area: Refers to the parts of the Terminal 91 Complex
covered by marine waters, generally located on the southern portion of the Terminal 91
Facility and adjacent to Piers 90 and 91, as generally depicted in Exhibit A.
P. Tank Farm Affected Area: Refers to the Tank Farm Lease Parcel and any
areas where Hazardous Substances originating from the Tank Farm Lease Parcel have
come to be located. The term "Tank Farm Affected Area" has the same meaning that the
term "Site" was given under the 1998 Order. The Tank Farm Affected Area, as believed
to be located as of the date of this Order, is depicted generally in Exhibit A.
Q. Tank Farm Lease Parcel: Refers to the approximately four acres within
Terminal 91 shown in Exhibit A. The Tank Farm Lease Parcel formerly was the site of a
tank farm, demolished in 2005, which had for a time operated as a Dangerous Waste
facility.
R. Terminal 91 Owned Property: Means the real property owned by the Port
encompassing approximately 210 acres and located at 2001 West Garfield Street, Seattle,
Washington, as depicted in Exhibit A.

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S. Terminal 91 Port Management Agreement (PMA) Area: means the subtidal
land adjacent to the Terminal 91 Owned Property encompassing approximately ten acres
that is owned by the State of Washington, Department of Natural Resources and managed
by the Port under the PMA dated September 30, 1998 (as amended, February 20, 1999).
T. Terminal 91 Complex: means the Terminal 91 Owned Property and the
Terminal 91 PMA Area.
U. Upland Area: Refers to that part of the Terminal 91 Complex other than the
Submerged Lands Area and the Tank Farm Affected Area and the Terminal 91 Port
Management Agreement (PMA) Area, as generally depicted in Exhibit A.
V. 1998 Order: Refers to Ecology Agreed Order No. DE 98HW-N108, entered
in 1998 by Ecology, the Port, Burlington Environmental Inc., then a wholly owned
subsidiary of Philip Services Corp. ("Philip"), and Pacific Northern Oil Corporation
("PNO").
W. 2010 Order: Refers to Ecology Agreed Order No. DE 7321, entered in 2010
by Ecology and the Port.
X. 2012 Order: Refers to Ecology Agreed Order No. DE 8938, entered in 2012
by Ecology and the Port. The 2012 Order was amended by the 2016 Amendment. The
2012 Order remains in effect but its requirements apply to the Upland Area and the Tank
Farm Lease Parcel. It does not impose requirements regarding the Submerged Lands Area.
Y. 2016 Amendment: refers to the amendment to the 2012 Order (January 19,
2016). The 2016 Amendment required two actions: implementation of a seafloor regrade
project and performance of a submerged lands preliminary investigation. Work under the
2016 Amendment has been completed and approved by Ecology, and the 2016 Amendment
is accordingly terminated.

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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 Port is and has been the owner of Terminal 91 Owned Property since
on or about 1976.
B. The Port owned the Tank Farm Lease Parcel, upon which other parties
operated a Dangerous Waste Management Facility on or after November 19, 1980, the date
which subjects facilities to RCRA permitting requirements, including interim status
requirements pursuant to RCRA, 42 U.S.C. 6925, and implementing regulations
thereunder, and including authorized state regulations promulgated in WAC 173-303.
C. A tank farm was built on the Tank Farm Lease Parcel in or about 1926. The
Tank Farm Lease Parcel was operated by various oil companies until December 1941 when
the United States Navy took possession of the entire Terminal 91 Facility through
condemnation. In about 1972, the Navy declared the Terminal 91 Facility as surplus. The
Port began managing the Terminal 91 Facility, and in 1976 the Port acquired the Terminal
91 Facility. The Terminal 91 Facility remains under the Port's management and ownership
at the present time. The Port removed all of the tanks and a number of buildings at the Tank
Farm Lease Parcel as part of a MTCA independent interim remedial action reported in
October 2005.
D. Burlington Environmental Inc. and its predecessors and successors will
herein be referred to as "Philip." Philip operated the Tank Farm Lease Parcel as a regulated
dangerous waste management facility on or after November 19, 1980, the date which
subjects facilities to federal RCRA permitting requirements under 40 C.F.R. 264, and
Chapter 173-303 WAC, Washington's Dangerous Waste Regulations.
E. On November 14, 1980, the Port notified EPA of its dangerous waste
management activities. In September 1988, Philip submitted to Ecology and EPA Region

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10 Part A of the RCRA permit application. In the Part A application, Philip identified itself
as a "waste oil reclamation facility" that utilized tank treatment of waste oil that may or
may not contain contaminants including metals, phenolics, and solvents. The application
goes on to state that the "Pier 91 facility is also a generator, storer, and marketer of used
oil fuel and hazardous waste fuel (dangerous waste fuel)." The management units listed in
the application are: two (2) dangerous waste storage tanks (one 600 gallon and one 675,950
gallon), one (1) dangerous waste treatment tank (241,500 gallon), and one (1) dangerous
waste incinerator that treated 20 gallons per hour. EPA received a Part B portion of the
RCRA permit application to obtain a final status permit for a dangerous waste treatment,
storage, and disposal facility on November 8, 1988. There were numerous revisions to the
Part B application, but the Final Status Facility Permit was issued July 22, 1992, with an
effective date of August 22, 1992. The Port was named as a permitee since the Port owned
the property. Active dangerous waste operations ceased at the permitted Tank Farm Lease
Parcel in September 1995, and Ecology approved the above ground tank closure work in
2003.
F. Ecology issued Dangerous Waste Permit WAD980982706 to the Port in
2010 (T-91 DW Permit). The T91 DW Permit succeeds the 1992 Final Status Facility
Permit. The Port, which never operated the dangerous waste treatment, storage, and
disposal facility at Terminal 91, holds the T91 DW Permit as the owner. The dangerous
waste treatment, storage, and disposal facility was demolished in 2005. The T91 DW
Permit accordingly addresses only matters relating to Corrective Action. Because the
Submerged Land Area is owned by the Port and is contiguous to the Tank Farm Lease
Parcel, it is subject to Corrective Action under the T91 DW Permit.
G. Two RCRA Facility Assessments (RFAs) were conducted at the 124 acre
Port of Seattle Terminal 91 Facility. The purpose of the RFAs were to identify those areas
at the Dangerous Waste Management Facility where release(s) of hazardous substances, as

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defined in RCW 70.105D.020(13), may have occurred or may be occurring. EPA
conducted the first RFA, which it completed on April 28, 1988. That RFA assessed the
contaminant release, migration, and exposure potential on the 4-acres being leased by
Philip from the Port of Seattle. Because the corrective action requirements for a permit
specify that all contiguous property under the same ownership be assessed, EPA completed
a second RFA that evaluated the remaining 120 acres. Neither RFA identified contaminant
release, migration, or exposure potential with respect to the Submerged Lands Area.
H. Hazardous Substances have been detected in soil, groundwater, and marine
sediments at the Facility as detailed in reports generated under the pre-1998 Agreed Order
Site Investigations, under the 1998 Agreed Order No. 98HW-N108, under Ecology's
Voluntary Cleanup Program submitted March 10, 1999, under the 2010 Agreed Order No.
DE 7321, under the 2012 Agreed Order DE 8938 as amended in 2013 and 2016. Those
Hazardous Substances detected at the Facility included, but are not limited to, total
petroleum hydrocarbons, volatile organic compounds, semi-volatile organic compounds,
polychlorinated biphenyls, and metals.
I. On January 19, 2016, Ecology and the Port amended the 2012 Order
through the 2016 Amendment. The 2016 Amendment required the Port to perform a
Preliminary Site Investigation for the Submerged Lands Area. The Preliminary Site
Investigation included a Historical Review Report as well as two phases of sampling results
for chemical constituents in sediments in the Submerged Lands Area.
J. The Historical Review Report documents historical land uses on and near
to the Submerged Land Areas. These included the construction of Piers 90 and 91 by the
Port in 1919, and the Port's subsequent use of the Piers for loading lumber, coal and other
materials. Pipelines were then constructed connecting the Piers to upland storage tanks,
which initially handled vegetable and fish oils but were converted to petroleum transfer
during the 1920's. The United States Navy took ownership of the entire Terminal 91 in

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1942, and for a period spanning World War II through the Vietnam Conflict used the Piers
(and adjacent Submerged Lands Areas) for naval craft mooring, repair and deactivation
activities, including hull maintenance, sandblasting, painting, electrical work, plumbing
work, mechanical repairs, and vessel loading and unloading. The Port resumed possession
of parts of Terminal 91 in 1972, and took ownership in 1976. The Historical Review Report
summarized the Port's refurbishment of the Piers and portions of the Terminal adjacent to
the Submerged Lands Area, eventually facilitating warehousing, fishing fleet moorage,
and, beginning in 2009, moorage of passenger cruise ships.
K. The Historical Review Report also documents:
1. Various potential pathways for contaminants from upland sources to have
reached the Submerged Lands Area, including historic and current
infrastructure and operations. For example, wastewater and other wastes
from the Navy's operations (approximately 1942 - 1972) were dumped into
the water or processed at upland facilities during the Navy's ownership and
operations. Structures still discharging to the Submerged Lands Area
include two large stormwater discharge outfalls owned by the City of Seattle
(City), one of which also serves as a combined sewer overflow facility. Also
still active are various deck drains from Piers 90 and 91 and other active
outfalls, some Port- and some City-owned.
2. Historic and current land use activities such as a historic sanitary landfill, a
railyard, and more recent mixed use development that are drained by
outfalls discharging to the Submerged Lands Area.
3. Known historic fuel spills from vessel fueling and upland pipeline
discharges.
4. The presence of discarded military munitions (DMMs), munitions debris
(MD), and munitions constituents (MCs) in the Submerged Lands Area. .

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5. The U.S. Army Corps of Engineers (USACE) completed a final remedial
investigation report dated September 2013 that focused on DMMs, MD, and
MCs in the Submerged Lands Area.
6. The USACE issued an agency review draft feasibility study dated May 2016
that was circulated for limited review, but as of the date of this order, the
USACE has not issued a subsequent draft or final version.
7. Various upland soil and groundwater cleanup actions carried out under the 2012
(and predecessor) Orders. The Historical Review Report noted that none of the
various subsurface releases investigated in the upland have been found to have
contributed to contamination in the Submerged Lands Area.
8. The results of previous investigations of the sediments in the Submerged Lands
Area.
L. The Port and Ecology used the Historical Review Report's findings to plan
two consecutive sampling efforts to investigate Hazardous Substances in the Submerged
Lands Area. A report documenting results from Phase I was completed in April 2018, and
the Phase II report is dated August 2018. Together, these reports document the presenceof
metals, polycyclic aromatic hydrocarbons (PAHs), semivolatile organic compounds
(SVOCs), polychlorinated biphenols (PCBs), DMMs, MD, and MCs in the Submerged
Lands Area.
M. Hazardous substances might continue to be released to the Submerged
Lands Area from ongoing sources documented by the Historical Review Report, including,
for example, via stormwater sheet flow and stormwater and combined sewer overflow
(CSO) conveyance systems.
VI. ECOLOGY DETERMINATIONS
Ecology makes the following determinations, without any express or implied admissions
of such determinations (and underlying facts) by the Port.

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A. The Port of Seattle is a person within the meaning of RCW
70.105D.020(24).
B. The Port is the owner of a former Dangerous Waste Management Facility
that operated under a final facility permit, subject to RCRA, 42 U.S.C. 6924 and 6925,
and regulations promulgated thereunder, including authorized state regulations in WAC
173-303. The Port is also an "owner or operator" as defined by RCW 70.105D.020(22) of
a "facility" as defined by RCW 70.105D.020(8).
C. Certain waste and constituents found at the Facility are dangerous wastes
and/or dangerous constituents as defined by WAC 173-303 and in Section IV (Definitions)
of this Order.
D. These dangerous wastes and dangerous constituents are considered
hazardous substances within the meaning of RCW 70.105D.020(13).
E. Based on the Findings of Fact and the administrative record, Ecology has
determined that release(s) and potential release(s) of hazardous substances at and/or from
the Submerged Lands Area present a threat to human health or the environment.
F. Based on credible evidence, Ecology issued a PLP status letter to the Port
pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. After providing for
notice and opportunity for comment, reviewing any comments submitted, and concluding
that credible evidence supported a finding of potential liability, Ecology issued a
determination that the Port is a PLP under RCW 70.105D.040 and notified the Port of this
determination by letter dated August 15, 1996.
G. Pursuant to RCW 70.105D.030(l) 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.

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H. 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. Either 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
Port take the following remedial action(s) at the Submerged Lands Area of the Facility. These
remedial actions must be conducted in accordance with WAC 173-340 and 173-204:
A. The Port will complete a Remedial Investigation (RI) for the Submerged Lands
Area of the Facility in accordance with the schedule and terms of the Scope of Work and Schedule,
Exhibit B, and all other requirements of this Order.
B. If the Port learns of a significant change in conditions at the Submerged Lands Area,
including but not limited to a statistically significant increase in contaminant and/or chemical
concentrations in groundwater, surface water, and/or sediments, the Port, 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. Unless otherwise specified by Ecology, the Port shall submit to Ecology written
monthly Progress Reports that describe the actions taken during the previous month to implement

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the requirements of this Order. The Port shall submit all Progress Reports by the tenth (10th) day
of the month in which they are due after the effective date of this Order. Unless otherwise specified
by Ecology, the Port shall send Progress Reports and any other documents submitted pursuant to
this Order by email, to Ecology's project coordinator. The Progress Reports shall include the
following:
1. A list of activities that have taken place at the Facility during the month.
2. Detailed description of any deviations from required tasks not otherwise
documented in project plans or amendment requests.
3. Description of all deviations from the Scope of Work and Schedule (Exhibit B)
during the current month and any planned deviations in the upcoming month.
4. For any deviations in schedule, a plan for recovering lost time and maintaining
compliance with the schedule.
5. All validated data (including laboratory analyses) received during the previous
quarter (if not previously submitted to Ecology), together with a detailed
description of the underlying samples collected.
6. A list of deliverables for the upcoming month if different from the schedule.
D. Financial Assurance
1. Financial assurance for corrective action is required by WAC 173-303-64620.
Ecology's Financial Assurance Officer shall determine when the Port's actions and
submissions meet the requirements of WAC 173-303-64620.
2. Ecology's Financial Assurance Officer is:
Kimberly Goetz
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Phone: 360-407-6754
Fax: 360-407-6715
Email: kgoe461@ecy.wa.gov

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E. All plans or other deliverables submitted by the Port for Ecology's review and
approval under the Scope of Work and Schedule (Exhibit B) shall, upon Ecology's approval,
become integral and enforceable parts of this Order.
F. If the Parties agree on an interim action under Section VI.H, the Port 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 Port 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,
and the Port is required to conduct the interim action in accordance with the approved Interim
Action Work Plan.
G. The Port shall notify Ecology's project coordinator in writing of any newlyidentified
SWMU(s), newly-discovered release(s) from known SWMU(s), and newly-discovered
AOCs at the Submerged Lands Area no later than 15 days after discovery, and shall investigate
and report on these areas as directed by Ecology's project coordinator. If required, the
investigation (assessment) and reporting shall be done in accordance with attached Exhibit B
(Scope of Work).
H. If Ecology determines that the Port has failed to make sufficient progress or failed
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 or at Ecology's discretion allow the Port
opportunity to correct. In an emergency, Ecology is not required to provide notice to the Port, or
an opportunity for dispute resolution. The Port 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).
I. Except where necessary to abate an emergency situation or where required by law,
the Port shall not perform any remedial actions at the Facility outside those remedial actions

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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 Port
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.
VIII. TERMS AND CONDITIONS
A. Payment of 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 Facility 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). For all
Ecology costs incurred, 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.
B. Designated Project Coordinators
The project coordinator for Ecology is:

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Tom Mackie
Department of Ecology, Central Regional Office
1250 West Alder Street
Union Gap, WA 98903-0009
509-575-2803
tmac461@ecy.wa.gov
The project coordinator for the Port is:
Joanna Florer
Port of Seattle
Pier 69
2711 Alaskan Way
206-787-4292
Florer.J@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 Facility.
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.
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.

Agreed Order No. DE 24768
Page 18 of 29

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, hydrologic, or engineering work shall be
under the seal of an appropriately licensed professional as required by RCW 18.43 and 18.220.
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 Facility.
D. Access
Ecology or any Ecology authorized representative shall have access to enter and freely
move about all property at the Facility 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
Facility 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 Facility property owned or controlled by the Port unless an
emergency prevents such notice. All persons who access the Facility 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 Facility property
access.

Agreed Order No. DE 24768
Page 19 of 29

E. 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 Facility. 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.E (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 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 Facility. 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

Agreed Order No. DE 24768
Page 20 of 29

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 meetings related to remedial action work to be
performed at the Facility with the interested public and/or local governments. Likewise,
Ecology shall notify the Port prior to the issuance of all press releases and fact sheets, and
before and before meetings related to the Facility 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 Facility. 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) On Ecology's website which is freely accessible to the public
(b) Department of Ecology-Northwest Regional Office
3190 160th Avenue SE
Bellevue, WA 98008-5452
(c) Seattle Public Library
1000 4th Avenue
Seattle, WA 98104
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 Facility shall be maintained in the repository at Ecology's Northwest
Regional Office in Bellevue, Washington.

Agreed Order No. DE 24768
Page 21 of 29

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 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.
Nothing in this Order is intended to waive any right the Port 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 Port withholds any requested records based on an assertion of
privilege, the Port shall provide Ecology with a privilege log specifying the records withheld and
the applicable privilege. No Facility-related data collected pursuant to this Order shall be
considered privileged.
H. Resolution of Disputes
1. In the event that the Port elects to invoke dispute resolution the Port 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 Port has 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

Agreed Order No. DE 24768
Page 22 of 29

nature of the dispute; the Port's position with regards to the dispute; Ecology's position
with regard to the dispute; and the extent of resolution reached by informal discussion.
c. The Port may then request regional management review of the dispute. The
Port must submit this request (Formal Dispute Notice) in writing to the Central Region
Hazardous Waste and Toxics Reduction 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.
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.E (Work to be Performed) or initiating enforcement under Section X
(Enforcement).
I. Extension of Schedule
1. The Port's request 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

Agreed Order No. DE 24768
Page 23 of 29

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; 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.L (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 the Port's 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.K (Amendment of Order) when a schedule extension is granted.

Agreed Order No. DE 24768
Page 24 of 29

4. At the Port request, 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:
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.L (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.M (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. Ecology will provide its
written consent to a formal amendment only after public notice and opportunity to comment on
the formal amendment.
When requesting a change to the Order, the Port 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 Facility under this
Order is creating or has the potential to create a danger to human health or the environment on or

Agreed Order No. DE 24768
Page 25 of 29

surrounding the Facility, 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 Facility under this
Order 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 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 this section, 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.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.
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 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.

Agreed Order No. DE 24768
Page 26 of 29

Ecology nevertheless reserves its rights under RCW 70.105D, including the right to require
additional or different remedial actions at the Facility 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 Facility.
By entering into this Order, the Port does not admit to any liability for the Facility.
Although the Port is committing to conducting the work required by this Order under the terms of
this Order, the Port expressly reserves 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 Facility 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 Submerged Lands
Area, 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 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 Port 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.

Agreed Order No. DE 24768
Page 27 of 29

At this time, no federal, state, or local requirements have been identified as being applicable to the
actions required by this Order. The Port has a continuing obligation to identify additional
applicable federal, state, and local requirements which 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 Port, Ecology will document in writing if they are applicable to
actions carried out pursuant to this Order, and the Port must implement those requirements.
2. Relevant and Appropriate Requirements. All actions carried out by the Port
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 Ecology or the Port, Ecology will document in writing if they are
applicable to actions carried out pursuant to this Order and the Port must implement those
requirements.
3. Pursuant to RCW 70.105D.090(1), the Port 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 Port 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.
4. 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 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

Agreed Order No. DE 24768
Page 28 of 29

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.
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 or approvals.
P. 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 (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 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 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.

Agreed Order No. DE 24768
Page 29 of 29

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 corrective actions required by this Order,
as amended by any modifications, and that the Port has complied with all other provisions of this
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 Facility.
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; and
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.
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 RAMAN IYER
Executive Director Section Manager
206-787-3000 Hazardous Waste and Toxics Reduction
Program
Northwest Regional Office
425-649-7053

Terminal 91 Complex
D NR Port Management Agreement Area
Port Owned Propert y
Submerged lands a r ea
Tank Farm Affected A rea
Pier head line

T-91

Seattle

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ier 91 d x m . m g r a ia D t y Pier 90

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- T t t le a of Se o r t t s \ P c
Aerial photo credtit: Port of Seattle 2016, photo date unknown
r o j e P
Exhibit A. Facility diagram ; W: \
0 100 200 1 9 0
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Exhibit B Scope of Work and Schedule Terminal 91
EXHIBIT B SCOPE OF WORK (SOW) and SCHEDULE
Terminal 91 Submerged Lands
PURPOSE
The work under Agreed Order No. DE 24768 (AO) requires the Port of Seattle (Port) to
conduct a Remedial Investigation (RI) for the Submerged Lands Area (SLA). The AO also
provides for Interim Action(s), should they be necessary. The purpose of the RI is to provide
sufficient data, analysis, and evaluations to enable selection of a cleanup alternative in a
feasibility study (FS) for the SLA. A final cleanup action will be chosen by State of
Washington, Department of Ecology (Ecology), which will be detailed in a Model Toxics
Control Act (MTCA) Cleanup Action Plan. The AO Parties (Ecology and the Port) anticipate
that this SOW and Schedule will be amended in the future to require additional tasks,
including conducting a Feasibility Study and developing a preliminary Draft Cleanup Action
Plan as additional tasks.
The Port shall coordinate with Ecology throughout the RI, and shall keep Ecology informed
of changes to project plans, and of issues and problems as they develop.
The SOW is divided into three major tasks as follows:
Task 1. Remedial Investigation Work Plan
Task 2. Remedial Investigation
Task 3. Interim Action(s) (if required)

TASK 1. REMEDIAL INVESTIGATION WORK PLAN
The Port shall prepare a Remedial Investigation Work Plan (RI Work Plan). The RI Work
Plan shall include an overall description and schedule of all RI activities. The RI Work Plan
shall clearly describe 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 Key Project Meeting will be held prior to commencing work on drafting the RI Work Plan
- the Remedial Investigation Planning Meeting. The purpose of this meeting is to review
requirements for the RI Work Plan and plan RI field work, 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 SLA investigations, including any data collection and
analysis of sediments; a preliminary conceptual site model showing origin, source and
distribution of 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 the Sediment Cleanup User's Manual II (SCUM II)
Guidance for Implementing the Cleanup Provisions of the Sediment Management Standards,
WAC 173-204, WAC 173-340-350, and WAC 173-204-560.
As part of the project background, existing environmental data on site sediments including
but not limited to, metals, polycyclic aromatic hydrocarbons (PAHs), semi volatile organic
compounds (SVOCs), polychlorinated biphenyls (PCBs), discarded military munitions
1

Exhibit B Scope of Work and Schedule Terminal 91
(DMMs), munitions debris (MD), and munitions constituents (MCs) s 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 173-204, and WAC 173-340-
820 for defining the nature and extent of contamination. The Port will also submit a copy of
the Health and Safety Plan (HASP) for the project.
The SAP will identify the proposed number and location of all sediment samples, methods,
and depths, and will include 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 Preparing Quality Assurance Project Plans for Environmental Studies (July
2004 revised July 2016)1 and the SCUM II.2 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. In the event that these Guidance
documents conflict, the Port will consult with Ecology.
The SAP, including the QAPP, will be submitted to Ecology for review and approval. As
with all environmental work at the site, 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 Port or their contractors shall submit all new validated sampling data generated under
this SAP and any other recently collected data to Ecology's Environmental Information
Management System (EIM) in accordance with WAC 173-340-840(5) and Ecology's Toxics
Cleanup Program Policy 840: Data Submittal Requirements. Validated data will be entered into
the EIM database within 30 days of receipt by the Port or their contractors.
RI Work Plan tasks and subtasks will include, but are not limited to, the following:
Sampling and analysis of marine sediments in the Submerged Lands Area of T91;
Evaluating the potential to contaminate or re-contaminate site sediments, including
analysis of the following pathways:
o Direct discharges
o Stormwater discharges
o Overland flow
o Groundwater discharges and seeps
o Soil erosion
1 Found at https://fortress.wa.gov/ecy/publications/summarypages/0403030.html

2 Found at https://fortress.wa.gov/ecy/publications/documents/1209057.pdf

Exhibit B Scope of Work and Schedule Terminal 91
o Historic and Current Site operations
o Spills, dumping, leaks, housekeeping, and management practices
If needed, based on the source evaluation and the potential to contaminate or
recontaminate site sediments, sampling and analysis of the aforementioned
media/pathways may be conducted.
The Port will provide Ecology with an Agency Review Draft RI Work Plan. Once Ecology
reviews and approves the RI Work Plan, it will be considered the Final RI Work Plan. The
RI Work Plan shall not be implemented until approved by Ecology. Once approved by
Ecology, the Port will implement the Final RI Work Plan according to the Schedule in this
Exhibit.
The Port shall prepare two (2) copies of the Agency Review Draft RI Work Plan and submit
them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to
Ecology for review and comment. After the resolution of Ecology's comments on the Agency
Review Draft RI Work Plan and after Ecology approval, the Port shall prepare three (3) copies
of the Final RI 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 an RI that meets the requirements of WAC 173-340-350 and WAC
173-204-560 according to the RI Work Plan as approved by Ecology. The RI will determine
the origin, nature, distribution/fate and transport, and extent of contamination exceeding the
Sediment Management Standards (WAC 173-204), and other regulatory requirements. The
RI must provide data and information to define the nature and extent of contamination
sufficiently to perform a FS and select a cleanup action. Potential sources and pathways of
sediment contamination/re-contamination will be presented and evaluated in the RI.
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 by the Port to
Ecology promptly and documented as required by Ecology.
The Port shall provide laboratory analysis data in electronic format when it has been
validated. Raw laboratory data will be provided to Ecology upon request.
Prior to submittal of the Agency Review Draft RI Report, a Key Project Meeting will be held
- the Remedial Investigation Pre-Report Check-In. In this meeting, Ecology and the Port will
review available data and an updated conceptual site model and discuss the content and
organization of the Draft RI Report.
The Port shall compile the results of the RI into an Agency Review Draft RI Report. The Port
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, the Port
shall prepare three (3) copies of a Public Review Draft 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 monitoring locations, electronic lab data, and
GIS maps of contaminant distribution shall also be provided for both the Agency Review

Exhibit B Scope of Work and Schedule Terminal 91
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 select a cleanup action, the Port
shall conduct an additional phase(s) of investigation to provide the needed information.
TASK 3. INTERIM ACTION(S) (if required)
Remedial actions implemented prior to completion of the RI, 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;
Correct a problem that may become substantially worse or cost substantially more to
address if the remedial action is delayed; or
Are needed to provide for completion of the remedial investigation,
will be considered interim actions. 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 agreed to by the Parties and approved by Ecology, the Port 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.
Implementation of an interim action shall not forestall or delay completion of the RI per the
Schedule.
If an interim action is to be performed, the Port 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 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; and
A list and description of the permits required.
The Port will also submit a copy of the HASP for an interim action. The Port will be
responsible for complying with the State Environmental Policy Act (SEPA) Rules including
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.
The Port 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
4

Exhibit B Scope of Work and Schedule Terminal 91
review. The Port 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 Port shall prepare three (3)
copies of the Final IAWP and submit them, including one electronic copy each in Word (.doc)
and Adobe (.pdf) formats. Once approved by Ecology, the Port 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 Port 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 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.

SCHEDULE
The schedule for completing the work 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
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 Port 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 hand-delivery form.

Task or Deliverable Due Datea
1. Agency Review Draft 90 days after approval of Port/Contractor Service Directive
RI Work Plan issued
2. Final RI Work Plan 45 days after receipt of Ecology comments document is
issued considered final upon Ecology's written approval
3. Field work for RI 30 days after Ecology's approval of RI Work Plan
begins
6. RI field investigations 180 days after Ecology's approval of the Final RI Work Plan
completedb
7. Agency Review Draft 90 days following completion of RI field investigations
RI Report issued
8. Public Review Draft 30 days after receipt of Ecology comments on the Agency
RI Report issued Review Draft RI Report. If additional iterations of the draft
document are deemed necessary by Ecology, each iteration will
be due 30 days after receipt of Ecology comments.
a Due dates shown are for initial draft and final deliverables. This schedule assumes only a single revised document
will be submitted following receipt of comments from Ecology. Documents become final only upon approval by
Ecology
b Completed means the field requirements of the RI Work Plan have been satisfied.

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.