Attachment 6e Attachment Draft Settlement for Regular Meeting held May 12, 2020 12:00pm at Remote

6e Attachment Draft Settlement

Item No. 6e attach 2
Meeting Date: May 12, 2020

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 10
____________________________________
)
IN THE MATTER OF: )
) U.S. EPA Docket No. 10-2020-0080
T-108, Lower Duwamish Waterway )
Superfund Site, Seattle, WA )
)
Port of Seattle, The City of Seattle, )
King County )
)
Respondents )
)
)
)
)
)
)
)
Proceeding Under Sections 104, 106(a), ) ADMINISTRATIVE SETTLEMENT
107 and 122 of the Comprehensive ) AGREEMENT AND ORDER ON
Environmental Response, Compensation, ) CONSENT FOR REMOVAL ACTION
and Liability Act, 42 U.S.C. 9604, ) ENGINEERING EVALUATION AND
9606(a), 9607 and 9622 ) COST ANALYSIS
____________________________________)
ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR
REMOVAL ACTION

TABLE OF CONTENTS

I. JURISDICTION AND GENERAL PROVISIONS...................................................... 1
II. PARTIES BOUND ....................................................................................................... 1
III. DEFINITIONS.............................................................................................................. 2
IV. FINDINGS OF FACT................................................................................................... 5
V. CONCLUSIONS OF LAW AND DETERMINATIONS ............................................ 8
VI. SETTLEMENT AGREEMENT AND ORDER........................................................... 8
VII. DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND ONSCENE
COORDINATOR............................................................................................ 8
VIII. WORK TO BE PERFORMED................................................................................... 10
IX. PROPERTY REQUIREMENTS ................................................................................ 16
X. ACCESS TO INFORMATION .................................................................................. 19
XI. RECORD RETENTION............................................................................................. 20
XII. COMPLIANCE WITH OTHER LAWS .................................................................... 21
XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES..................... 21
XIV. PAYMENT OF FUTURE RESPONSE COSTS ........................................................ 22
XV. DISPUTE RESOLUTION.......................................................................................... 24
XVI. FORCE MAJEURE .................................................................................................... 25
XVII. STIPULATED PENALTIES ...................................................................................... 26
XVIII. COVENANTS BY EPA ............................................................................................. 29
XIX. RESERVATIONS OF RIGHTS BY EPA.................................................................. 29
XX. COVENANTS BY RESPONDENTS ........................................................................ 30
XXI. OTHER CLAIMS ....................................................................................................... 33
XXII. EFFECT OF SETTLEMENT/CONTRIBUTION ...................................................... 33
XXIII. INDEMNIFICATION................................................................................................. 34
XXIV. INSURANCE.............................................................................................................. 35
XXV. FINANCIAL ASSURANCE ...................................................................................... 35
XXVI. MODIFICATION ....................................................................................................... 39
XXVII. ADDITIONAL REMOVAL ACTION....................................................................... 39
XXVIII. NOTICE OF COMPLETION OF WORK.................................................................. 39
XXIX. INTEGRATION/APPENDICES ................................................................................ 40
XXX. EFFECTIVE DATE.................................................................................................... 40

I. JURISDICTION AND GENERAL PROVISIONS
1. This Administrative Settlement Agreement and Order on Consent (Settlement) is entered into
voluntarily by the United States Environmental Protection Agency (EPA) and the Port of Seattle
(Port), the City of Seattle (City), and King County (County) (collectively the "Respondents");.
This Settlement provides for the performance of a removal action, including an Engineering
Evaluation and Cost Analysis (EE/CA) for the T-108 Site by Respondents, and the payment of
certain response costs by the Respondents incurred at or in connection with the T-108 Site,
generally located at 4525 Diagonal Avenue South, Seattle, WA. The Site is located within the
larger Lower Duwamish Waterway Superfund Site (LDW Site).
2. This Settlement is issued under the authority vested in the President of the United
States by Sections 104, 106(a), 107, and 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. 9604, 9606(a), 9607 and 9622
(CERCLA). This authority was delegated to the Administrator of EPA on January 23, 1987, by
Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to Regional
Administrators by EPA Delegation Nos. 14-14-A (Determinations of Imminent and Substantial
Endangerment, Nov. 1, 2001), 14-14-C (Administrative Actions Through Consent Orders, Apr.
15, 1994) and 14-14-D (Cost Recovery Non-Judicial Agreements and Administrative Consent
Orders, May 11, 1994). These authorities were further redelegated by the Regional Administrator
of EPA Region 10 through the Director, Superfund and Emergency Management Division, to the
Branch Chiefs of the Emergency Management Branch and Remedial Cleanup Branch, or
equivalents by R10 14-14-C (April 15, 2019) and R10 14-14-D (April 15, 2019).
3. EPA has notified the State of Washington (State) of this action pursuant to
Section 106(a) of CERCLA, 42 U.S.C. 9606(a).
4. EPA and Respondents recognize that this Settlement has been negotiated in good
faith and that the actions undertaken by Respondents in accordance with this Settlement do not
constitute an admission of any liability. Respondents do not admit, and retain the right to
controvert in any subsequent proceedings other than proceedings to implement or enforce this
Settlement, the validity of the findings of facts, conclusions of law, and determinations in
Sections IV (Findings of Fact) and V (Conclusions of Law and Determinations) of this
Settlement. Respondents agree to comply with and be bound by the terms of this Settlement and
further agree that they will not contest the basis or validity of this Settlement or its terms.
II. PARTIES BOUND
5. This Settlement is binding upon EPA and upon Respondents and their respective
successors, and assigns. Any change in ownership or corporate status of any Respondent
including, but not limited to, any transfer of assets or real or personal property shall not alter
such Respondent's responsibilities under this Settlement.
6. Respondents are jointly and severally liable for carrying out all activities required
by this Settlement. In the event of the insolvency or other failure of any Respondent to
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implement the requirements of this Settlement, the remaining Respondents shall complete all
such requirements.
7. Respondents shall provide written notice of this Settlement to each contractor
hired to perform the Work required by this Settlement and to each person representing
Respondents with respect to the Site or the Work. Respondents' contractors shall provide written
notice of the Settlement to all subcontractors hired to perform any portion of the Work required
by this Settlement. Respondents shall be responsible for ensuring that their contractors and
subcontractors perform the Work in accordance with the terms of this Settlement and responsible
for any violations of this Settlement committed by its contractors and sub-contractors.
III. DEFINITIONS
8. Unless otherwise expressly provided in this Settlement, terms used in this
Settlement that are defined in CERCLA or in regulations promulgated under CERCLA shall
have the meaning assigned to them in CERCLA or in such regulations. Whenever terms listed
below are used in this Settlement or its attached appendices, the following definitions shall
apply:
"Action Memorandum" shall mean an EPA Action Memorandum relating to the Site
signed by the Regional Administrator, EPA Region 10, or his/her delegate, and all
attachments thereto.
"Affected Property" shall mean all real property at the Site and any other real
property where EPA determines, at any time, that access, land, water, or other resource use
restrictions are needed to conduct the Work.
"CERCLA" shall mean the Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. 9601-9675.
"Day" or "day" shall mean a calendar day. In computing any period of time under
this Settlement, where the last day would fall on a Saturday, Sunday, or federal or State
holiday, the period shall run until the close of business of the next working day.
"Effective Date" shall mean the effective date of this Settlement as provided in
Section XXX.
"EPA" shall mean the United States Environmental Protection Agency and its
successor departments, agencies, or instrumentalities.
"EPA Hazardous Substance Superfund" shall mean the Hazardous Substance
Superfund established by the Internal Revenue Code, 26 U.S.C. 9507.
"Ecology" shall mean the Washington State Department of Ecology and any
successor departments or agencies of the State.

"Future Response Costs" shall mean all costs, including, but not limited to, direct
and indirect costs, that the United States incurs on behalf of EPA after May 1, 2019 in
developing or negotiating this Settlement, in reviewing or developing deliverables submitted
pursuant to this Settlement, in overseeing implementation of the Work, or otherwise
implementing, overseeing, or enforcing this Settlement, including but not limited to, payroll
costs, contractor costs, inter-agency agreement costs, cooperative agreement costs, travel
costs, laboratory costs, the costs incurred pursuant to Section IX (Property Requirements)
(including, but not limited to, cost of attorney time and any monies paid to secure or enforce
access or land, water, or other resource use restrictions, including, but not limited to, the
amount of just compensation), Section XIII (Emergency Response and Notification of
Releases), Paragraph 72 (Work Takeover), Paragraph 94 (Access to Financial Assurance),
Paragraph 22 (Community Involvement) including, but not limited to, the costs of any
technical assistance grant under Section 117(e) of CERCLA, 42 U.S.C. 9617(e), and
Section XV (Dispute Resolution), and all litigation costs related to implementation or
enforcement of this Settlement. Future Response Costs shall also include Agency for Toxic
Substances and Disease Registry (ATSDR) costs regarding the Site.
"Interest" shall mean interest at the rate specified for interest on investments of the EPA
Hazardous Substance Superfund established by 26 U.S.C. 9507, compounded annually on
October 1 of each year, in accordance with 42 U.S.C. 9607(a). The applicable rate of interest
shall be the rate in effect at the time the interest accrues. The rate of interest is subject to change
on October 1 of each year. Rates are available online at
https://www.epa.gov/superfund/superfund-interest-rates.
"The Lower Duwamish Waterway Special Account" shall mean the special account
within the EPA Hazardous Substance Superfund, established for the Site by EPA pursuant to
Section 122(b)(3) of CERCLA, 42 U.S.C. 9622(b)(3).
"Non-Settling Owner" shall mean any person, other than a Respondent, that owns or
controls any Affected Property. The clause "Non-Settling Owner's Affected Property"
means Affected Property owned or controlled by Non-Settling Owner.
"National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous
Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA,
42 U.S.C. 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.
"Owner Respondent" shall mean any Respondent that owns or controls any Affected
Property, including Port of Seattle. The clause "Owner Respondent's Affected Property"
means Affected Property owned or controlled by Owner Respondent.
"Paragraph" shall mean a portion of this Settlement identified by an Arabic numeral
or an upper or lower case letter.
"Parties" shall mean EPA, and the Respondents.

"Post-Removal Site Control" shall mean actions necessary to ensure the
effectiveness and integrity of the removal action to be performed pursuant to this Settlement
consistent with Sections 300.415(l) and 300.5 of the NCP and "Policy on Management of
Post-Removal Site Control" (OSWER Directive No. 9360.2-02, Dec. 3, 1990).
"RCRA" shall mean the Solid Waste Disposal Act, 42 U.S.C. 6901-6992 (also
known as the Resource Conservation and Recovery Act).
"Respondents" shall mean the Port of Seattle, the City of Seattle and King County.
"Respondents' Response Costs" shall mean all response costs Respondents incur,
consistent with the NCP, including performing Work and making payments to the EPA
pursuant to this Settlement.
"Section" shall mean a portion of this Settlement identified by a Roman numeral.
"Settlement" shall mean this Administrative Settlement Agreement and Order on
Consent and all appendices attached hereto (listed in Section XXIX
(Integration/Appendices)). In the event of conflict between this Settlement and any
appendix, this Settlement shall control.
"Site" shall mean the Port's property known as Terminal 108, encompassing
approximately 20 acres, located within the LDW Site at 4525 Diagonal Avenue South in
Seattle, King County, Washington (King County tax parcels 76667000515 and 766670-
0510) and the areal extent of contamination and suitable areas in a very close proximity to
the contamination necessary for implementation of the response action performed in
connection to this Settlement. The Site is depicted generally on the map attached as
Appendix A.
"State" shall mean the State of Washington.
"Statement of Work" or "SOW" shall mean the statement of work for
implementation of the Work to be performed pursuant to this Settlement, as set forth in
Appendix B, and any modifications made thereto in accordance with this Settlement.
"Transfer" shall mean to sell, assign, convey, lease, mortgage, or grant a security
interest in, or where used as a noun, a sale, assignment, conveyance, or other disposition of
any interest by operation of law or otherwise.
"United States" shall mean the United States of America and each department,
agency, and instrumentality of the United States, including EPA.
"Waste Material" shall mean (a) any "hazardous substance" under Section 101(14) of
CERCLA, 42 U.S.C. 9601(14); (b) any pollutant or contaminant under Section 101(33) of
CERCLA, 42 U.S.C. 9601(33); (c) any "solid waste" under Section 1004(27) of RCRA,

42 U.S.C. 6903(27); and (d) any "hazardous substance" under the Washington State
Model Toxics Control Act, Revised Code of Washington ("RCW") Chapter 105D.
"Work" shall mean all activities and obligations Respondents are required to perform
under this Settlement except those required by Section XI (Record Retention).
IV. FINDINGS OF FACT
9. For the purposes of this Settlement, EPA finds and the Respondents neither admit
nor deny the following findings.
a. The Site is located at 4525 Diagonal Avenue South in Seattle, Washington. The
Site covers approximately 23 acres. The Lower Duwamish Waterway provides the western
border of the Site. The Site borders a King County pumping station and East Marginal Way
South to its east. The Site's southern border is Diagonal Avenue South. The Site's northern
borders are the South Oregon Street right-of-way, Terminal 106 West, and a Warehouse
Distribution Center building. The Site is within the LDW Site at approximately 0.5 river mile of
the Lower Duwamish Waterway. The Site consists of a 14-acre eastern parcel and a 9-acre
western parcel.
b. The Site is currently owned by the Port. The Port acquired the Site in 1984.
Chiyoda Chemical Engineering & Construction Company, Ltd (Chiyoda) owned and operated on
the Site between 1972 and 1984. Chiyoda now operates as the Chiyoda Corporation. The City of
Seattle owned the Site until 1972 and operated a sewage treatment plant on the Site between
1940 and 1962. The Municipality of Metropolitan Seattle (Metro) operated the sewage treatment
plant from 1962 until 1969. The Port sub-divided the Site into two parcels a western and an
eastern parcel in 1985.
c. The Port sold the eastern portion to Chevron U.S.A. Products Company, a wholly
owned subsidiary of Chevron, in 1985, who sold it back to the Port in 1992. The Port leases the
eastern parcel to ConGlobal Industries, whose primary activities include container storage and
repair, and chassis storage.
d. The Port leased the western parcel to Lafarge Cement Company for a bulk cement
terminal from 1989 to 1999. The western parcel is currently vacant, except for a small area
leased for storage and for a small public-access area and habitat restoration site located the
southern end of the parcel.
e. As noted in paragraph 9.b above, a sewage treatment plant operated on both the
eastern and western parcels of the Site between 1940 and 1969. The City of Seattle operated the
treatment plant until 1962. Metro continued plant operations until 1969 when operations ended.
The plant was demolished shortly after operations ceased. The treatment plant was constructed to
eliminate both floating and settleable sanitary waste from raw sewage and to protect aquatic
resources in the Lower Duwamish Waterway. Sewage was treated using sedimentation,
chlorination, and sludge digestion. The treatment plant structures were known to include two

large clarifiers, two digesters, three glass-covered and one open air sludge drying beds, sludge
ponds, a control house, and a pump house. Starting in the mid-1950s, industrial facilities located
along the eastern side of the Lower Duwamish began to convey industrial wastewaters to the
pipes that conveyed combined sewage to the sewage treatment plant. The industrial wastewaters
contained hazardous substances. A portion of the hazardous substances contained in the
industrial wastewaters were discharged into the Lower Duwamish Waterway after they passed
through plant's treatment process, and a portion of the hazardous substances likely settled into
sludges that were placed in the sludge drying beds and surface ponds. A range of approximately
five to fifteen feet of sludge was buried in place when the plant was demolished. The City
transferred the Site to Chiyoda in 1972. In 1992 King County voters approved the merger of
Metro and King County. After the merger, which occurred in 1994, King County assumed the
obligations of Metro.
f. Chiyoda owned the Site from 1972 to 1984. Chiyoda planned to construct a
chemical manufacturing plant with a loading dock on the Site. To prepare for the proposed plant,
in approximately 1977, Chiyoda dredged an estimated 80,000 cubic yards of material from the
shoreline, resulting in the shoreline being moved approximately 100 feet inland. Chiyoda placed
the dredged sediment on site, in the northwestern portion of the western parcel. Chiyoda's
proposed manufacturing plant was never constructed because the company failed to acquire the
necessary permits for the shore-based dock.
g. On September 13, 1974, a United States contractor dropped an electrical
transformer containing approximately 250-265 gallons of polychlorinated biphenyls oil (PCBs)
onto a barge. The transformer was damaged and the PCB oil (Aroclor 1242) was released into
the Lower Duwamish Waterway. The release occurred near Slip 1, about 2,400 feet upstream of
the T-108 Site.
h. The response to this spill involved two dredging efforts. In October 1974,
hydraulic dredging was conducted in the immediate vicinity of the spill, which resulted in the
processing of approximately 600,000 gallons of water and the collection of approximately 215
drums of PCB-contaminated solids that were transported to a separate location for disposal. EPA
estimated that approximately 70-90 gallons of the released PCBs were collected during this
effort.
i. In 1975, a component of the Army accepted financial responsibility within DOD
for a second dredging operation and to reimburse the agencies involved. The second dredging
effort took place in 1976, after Chiyoda agreed to allow the contaminated dredge spoils to be
disposed on the T-108 Site. Approximately 10,000-15,000 cubic yards of PCB contaminated
sediments were hydraulically dredged from Slip 1 and the Lower Duwamish Waterway. Two
20,000-25,000 cubic yard pits were excavated in a portion of the sludge bed areas of the former
sewage treatment plant at the Site to contain the dredged slurry. The pits were located in the
northern portions of the Site. A flocculating agent (Nalco #7134) was added to the influent
slurry for efficient sedimentation, and the liquid was treated prior to discharge to the Duwamish
Waterway. EPA estimated that an additional 140-170 gallons of spilled PCBs were removed
during this operation. The PCB disposal pits were eventually backfilled and, in 1989 (while the
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T-108 eastern parcel was owned by Chevron), a 2-feet-thick clay cap was placed in the location
of the PCB disposal pits, approximately 400 feet from the Lower Duwamish Waterway
shoreline.
j. The precise locations of the PCB disposal area, the holding pond, and water
treatment units identified in Paragraph 9.i above, as well as the effectiveness of actions
referenced above in containing the disposed of PCB contaminated sediments is unknown.
Additional investigation is being undertaken to determine whether the Site is a source of PCBs or
other contamination to the in-water portion of LDW site.
k. As noted above, Chevron owned a portion of the Site between 1985 and 1992.
Chevron stockpiled petroleum contaminated soils on the portion of the Site within the area where
PCB contaminated soils were disposed. Chevron tilled and watered the stored contaminated soils
on a weekly basis. Chevron later removed the stored soils. Before the soils were removed they
were sampled and analyzed for petroleum hydrocarbons, PCBs, benzene, toluene, ethylbenzene
and xylenes. Analysis of the samples revealed that the stored soils contained PCBs. EPA is not
aware of any sampling data that suggests that Chevron removed all PCB contaminated soils that
were stock piled at the Site or whether the watering and tilling of the stored soils spread
contamination to other areas of the Site.
l. Lafarge leased the western parcel of the Site between 1988 and 2000. Lafarge
constructed and operated a bulk cement transshipment facility on the parcel. To facilitate the
construction, Lafarge excavated bank sediments located on along the northern shoreline of the
parcel. Lafarge placed the excavated sediments in the area where PCB contaminated sediments
were placed in 1976. Lafarge graded the excavated sediments across the northern portion of the
parcel. It does not appear that Lafarge sampled and analyzed the bank sediments it removed
before it disposed of the sediments on the Site or after it graded and spread the excavated
sediments and underlying soils on the Site. Lafarge, by the activities described in this Paragraph,
likely disposed of contaminated sediments at the Site and may have spread both pre-existing
PCB present contaminated soils/sediments and contaminated sediments it disposed of, to other
areas of the Site.
m. Lower Duwamish Waterway sediments and bank sediments that were disposed of
at the Site by Chiyoda and Lafarge likely contained hazardous substances. Sampling of
sediments located in the Waterway and near the Site reveal the presence of several hazardous
substances, including PCBs, Polycyclic aromatic hydrocarbons (PAHs), bis-ethyl-hexylphthalate
, benzoic acid, mercury, acenaphthene, fluoranthene, and phenol.
n. PCBs are manmade chemicals that were widely used in coolants and oils, paints,
caulking, and building material. The United States banned the use and manufacturer of PCBs in
1979. PCBs persist in the environment for a long time and can bio-accumulate in fish and
shellfish. Children exposed to PCBs may develop learning and behavior problems later in life.
PCBs are known to have immune and reproductive system effects and may cause cancer in
people who have been exposed to PCBs over a long time.

V. CONCLUSIONS OF LAW AND DETERMINATIONS
10. Based on the Findings of Fact set forth above, and the administrative record
compiled for the Site, EPA has determined and the Respondents neither admit nor deny that:
a. The T-108 Site is a "facility" as defined by Section 101(9) of CERCLA,
8842 U.S.C. 9601(9).
b. The contamination found at the Site, as identified in the Findings of Fact
above, include "hazardous substances" as defined by Section 101(14) of CERCLA, 42 U.S.C.
9601(14).
c. Each Respondent is a "person" as defined by Section 101(21) of
CERCLA, 42 U.S.C. 9601(21).
d. Each Respondent is a responsible party under Section 107(a) of CERCLA,
42 U.S.C. 9607(a), and is jointly and severally liable for performance of response action and
for response costs incurred and to be incurred at the Site.
e. The conditions described in Paragraphs 9.e through 9.m of the Findings of
Fact above constitute an actual or threatened "release" of a hazardous substance from the facility
as defined by Section 101(22) of CERCLA, 42 U.S.C. 9601(22).
f. The conditions described in Paragraphs 9.e through 9.n of the Findings of
Fact above constitute an imminent and substantial endangerment to the public health or welfare
or the environment because of an actual or threatened release of a hazardous substance from the
facility within the meaning of Section 106(a) of CERCLA, 42 U.S.C. 9606(a).
g. The removal action required by this Settlement is necessary to protect the
public health, welfare, or the environment and, if carried out in compliance with the terms of this
Settlement, will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.
VI. SETTLEMENT AGREEMENT AND ORDER
11. Based upon the foregoing Findings of Fact, Conclusions of Law, Determinations,
and the administrative record, it is hereby Ordered and Agreed that: Respondents shall comply
with all provisions of this Settlement, including, but not limited to, all attachments to this
Settlement and all documents incorporated by reference into this Settlement.
VII. DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND ON-SCENE
COORDINATOR
12. Respondents shall retain one or more contractors to perform the Work and shall
notify EPA of the name(s) and qualifications of such contractor(s) within 180 days after the
Effective Date. Respondent shall also notify EPA of the name(s) and qualification(s) of any other
contractor(s) or subcontractor(s) retained to perform the Work at least 14 days prior to
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commencement of such Work. EPA retains the right to disapprove of any or all of the contractors
and/or subcontractors retained by Respondents. If EPA disapproves of a selected contractor,
Respondents shall retain a different contractor and shall notify EPA of that contractor's name
and qualifications within 90 days after EPA's disapproval. The proposed contractor must
demonstrate compliance with ANSI/ASQC E-4-2004, "Quality Systems for Environmental Data
and Technology Programs: Requirements with Guidance for Use" (American National
Standard), by submitting a copy of the proposed contractor's Quality Management Plan (QMP).
The QMP should be prepared in accordance with "EPA Requirements for Quality Management
Plans (QA/R-2)" (EPA/240/B0-1/002, March 2001, reissued May 2006), or equivalent
documentation as required by EPA.
13. Within 7 days after the Effective Date, Respondents shall designate a Project
Coordinator who shall be responsible for administration of all actions by Respondents required
by this Settlement and shall submit to EPA the designated Project Coordinator's name, address,
telephone number, and qualifications.
14. To the greatest extent possible, the Project Coordinator shall be present on Site or
readily available during Site work. EPA retains the right to disapprove of the designated Project
Coordinator. If EPA disapproves of the designated Project Coordinator, Respondents shall retain
a different Project Coordinator and shall notify EPA of that person's name, address, telephone
number, and qualifications within 14 days following EPA's disapproval. Notice or
communication relating to this Settlement from EPA to Respondents' Project Coordinator shall
constitute notice or communication to all Respondents.
15. EPA has designated Anne Christopher of the Region 10 Superfund and
Emergency Management Division, as its Remedial Project Manager/On-Scene Coordinator
(RPM/OSC). Ms. Christopher's contact information is as follows:
Anne Christopher
USEPA Region 10 Oregon Operations Office
805 SW Broadway
Suite 500
Mail Code: OOO
Portland OR 97205
christopher.anne@epa.gov
(503) 326-6554
EPA and Respondents shall have the right, subject to Paragraph 13, to change their respective
designated RPM/OSC or Project Coordinator. Respondents shall notify EPA 14 days before such
a change is made. The initial notification by Respondents may be made orally, but shall be
promptly followed by a written notice.
16. The RPM/OSC shall be responsible for overseeing Respondents' implementation
of this Settlement. The RPM/OSC shall have the authority vested in an RPM/OSC by the NCP,
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including the authority to halt, conduct, or direct any Work required by this Settlement; or to
direct any other removal action undertaken at the Site pursuant to Section XIII (Emergency
Response and Notification of Releases) of this Settlement or in the event this Settlement of the
SOW is later amended to include a removal action. Absence of the RPM/OSC from the Site shall
not be cause for stoppage of work unless specifically directed by the RPM/OSC.
VIII. WORK TO BE PERFORMED
17. Respondents shall perform, at a minimum, all actions necessary to implement the
SOW, including, but are not limited to, the performance of an EE/CA. All response actions
undertaken pursuant to this Settlement shall be performed as described in the SOW and as
approved by EPA. For any regulation or guidance referenced in the Settlement, the reference will
be read to include any subsequent modification, amendment, or replacement of such regulation
or guidance. Such modifications, amendments, or replacements apply to the Work only after
Respondents receives notification from EPA of the modification, amendment, or replacement.
18. EE/CA, EE/CA Work Plan and Implementation.
a. In accordance with Paragraph 19 (Submission of Deliverables), and as
described the SOW, Respondents shall submit to EPA for approval a draft EE/CA Work Plan.
After reviewing the draft EE/CA Work Plan, EPA may approve, disapprove, require revisions to,
or modify the draft EE/CA Work Plan, or may determine that additional environmental sampling
and analysis is required. Respondents shall complete the EE/CA according to the approved Work
Plan and submit a draft EE/CA to EPA for approval. EPA may approve, disapprove, require
revisions to, or modify the draft EE/CA.
b. EPA may approve, disapprove, require revisions to, or modify the draft
EE/CA Work Plan in whole or in part. If EPA requires revisions, Respondents shall submit a
revised draft EE/CA Work Plan within 30 days after receipt of EPA's notification of the required
revisions. The revised draft EE/CA Work Plan shall be submitted in accordance with the
required revisions. Respondents shall implement the EE/CA Work Plan as approved in writing
by EPA in accordance with the schedule approved by EPA. Once approved, or approved with
modifications, the EE/CA Work Plan, the schedule, and any subsequent modifications shall be
incorporated into and become fully enforceable under this Settlement.
c. Upon approval or approval with modifications of the EE/CA Work Plan,
Respondents shall commence implementation of the EE/CA in accordance with the approved
schedule included therein.
d. Respondents shall not commence any Work except in conformance with
the terms of this Settlement. Unless otherwise provided in this Settlement, any additional
deliverables that require EPA approval under the SOW or this Settlement shall be reviewed and
approved by EPA in accordance with this Paragraph.
19. Submission of Deliverables.

a. General Requirements for Deliverables.
Except as otherwise provided in this Settlement, Respondents shall direct all submissions
required by this Settlement to the RPM/OSC at the following address:
Anne Christopher
USEPA Region 10 Oregon Operations Office
805 SW Broadway, Suite 500
Portland OR 97205
christopher.anne@epa.gov
(503) 326-6554
For U.S. mail or email to the U.S. Army Corps of Engineers on behalf of DOD:
Anna D. Ross
Office of Counsel
U.S. Army Corps of Engineers
P.O. Box 3755
Seattle, WA 98124-3755
anna.d.ross@usace.army.mil
For UPS or Federal Express to the U.S. Army Corps of Engineers on behalf of
DOD:
Anna D. Ross
Office of Counsel
U.S. Army Corps of Engineers
4735 E. Marginal Way S
Seattle, WA 98134-2388
(206) 764-3732
and
Rick Thomas
Source Control Lead
Washington Department of Ecology
Northwest Regional Office
3190 160th Ave SE
Bellevue, WA 98008-5452
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Richard.Thomas@ecy.wa.gov
(1) Respondents shall submit all deliverables required by this
Settlement, the attached SOW, or any approved work plan to EPA and the U.S. Army Corps of
Engineers on behalf of DOD in accordance with the schedule set forth in such plan.
(2) Respondents shall submit all deliverables in electronic form. If any
deliverable includes maps, drawings, or other exhibits that are larger than 8.5" by 11",
Respondents shall also provide EPA with paper copies of such exhibits.
b. Technical Specifications for Deliverables.
(1) Sampling and monitoring data should be submitted in standard
regional Electronic Data Deliverable (EDD) format. Other delivery methods may be allowed if
electronic direct submission presents a significant burden or as technology changes.
(2) Spatial data, including spatially-referenced data and geospatial
data, should be submitted: (a) in the ESRI File Geodatabase format; (b) as unprojected
geographic coordinates in decimal degree format using North American Datum 1983 (NAD83)
or World Geodetic System 1984 (WGS84) as the datum; and (c) consistent with OLEM
Directive 9200.2-191, Geospatial Superfund Site Data Definitions and Recommended Practices
(November 29, 2017). If applicable, submissions should include the collection method(s).
Projected coordinates may optionally be included but must be documented. Spatial data should
be accompanied by metadata, and such metadata should be compliant with the Federal
Geographic Data Committee (FGDC) Content Standard for Digital Geospatial Metadata and its
EPA profile, the EPA Geospatial Metadata Technical Specification. An add-on metadata editor
for ESRI software, the EPA Metadata Editor (EME), complies with these FGDC and EPA
metadata requirements and is available at https://edg.epa.gov/EME/.
(3) Each file must include an attribute name for each site unit or subunit
submitted. Consult http://www.epa.gov/geospatial/policies.html for any further available
guidance on attribute identification and naming.
(4) Spatial data submitted by Respondents does not, and is not
intended to, define the boundaries of the Site.
20. Health and Safety Plan.
a. As part of the draft EE/CA Work Plan submittal, Respondents shall submit for
EPA review and comment a plan that ensures the protection of the public health and safety
during performance of on-site work under this Settlement. This plan shall be prepared in
accordance with "OSWER Integrated Health and Safety Program Operating Practices for
OSWER Field Activities," Pub. 9285.0-OlC (Nov. 2002), available on the NSCEP database at
http://www.epa.gov/nscep/index.html, and "EPA's Emergency Responder Health and Safety
Manual," OSWER Directive 9285.3-12 (July 2005 and updates), available at

http://www.epaosc.org/_HealthSafetyManual/manual-index.htm. In addition, the plan shall
comply with all currently applicable Occupational Safety and Health Administration (OSHA)
regulations found at 29 C.F.R. Part 1910. If EPA determines that it is appropriate, the plan shall
also include contingency planning. Respondents shall incorporate all changes to the plan
recommended by EPA and shall implement the plan during the pendency of the removal action.
21. Quality Assurance, Sampling, and Data Analysis.
a. Respondents shall use quality assurance, quality control, and other
technical activities and chain of custody procedures for all samples consistent with "EPA
Requirements for Quality Assurance Project Plans (QA/R5)" (EPA/240/B-01/003, March 2001,
reissued May 2006), "Guidance for Quality Assurance Project Plans (QA/G-5)" (EPA/240/R-
02/009, December 2002), and subsequent amendments to such guidelines upon notification by
EPA to Respondents of such amendment. Amended guidelines shall apply only to procedures
conducted after such notification.
b. Prior to the commencement of any monitoring project under this
Settlement, Respondents shall submit to EPA for approval a Quality Assurance Project Plan
(QAPP) that is consistent with the SOW, the EE/CA Work Plan, the NCP, and applicable
guidance documents. Respondents shall ensure that EPA and its authorized representatives are
allowed access at reasonable times to all laboratories utilized by Respondents in implementing
this Settlement. In addition, Respondents shall ensure that such laboratories shall analyze all
samples submitted by EPA pursuant to the QAPP for quality assurance, quality control, and
technical activities that will satisfy the stated performance criteria as specified in the QAPP and
that sampling and field activities are conducted in accordance with EPA's "Field Operations
Group Operational Guidelines for Field Activities"(https://nelac-
institute.org/docs/comm/nefap/FieldOperationsGroupOperationalGuidelinesForFieldActivities.p
df) and "EPA QA Field Activities Procedure" (http://www.epa.gov/irmpoli8/policies/2105-p-
02.pdf). Respondents shall ensure that the laboratories they utilize for the analysis of samples
taken pursuant to this Settlement meet the competency requirements set forth in EPA's "Policy
to Assure Competency of Laboratories, Field Sampling, and Other Organizations Generating
Environmental Measurement Data under Agency-Funded Acquisitions"
(http://www.epa.gov/fem/pdfs/fem-lab-competency-policy.pdf) and that the laboratories perform
all analyses according to accepted EPA methods. Accepted EPA methods consist of, but are not
limited to, methods that are documented in the EPA's Contract Laboratory Program
(http://www.epa.gov/superfund/programs/clp/), SW 846 "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods"
(http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm), "Standard Methods
for the Examination of Water and Wastewater" (http://www.standardmethods.org/), 40 C.F.R.
Part 136, "Air Toxics - Monitoring Methods" (http://www.epa.gov/ttnamti1/airtox.html)," and
any amendments made thereto during the course of the implementation of this Settlement.
However, upon approval by EPA, Respondents may use other appropriate analytical method(s),
as long as quality assurance/quality control (QA/QC) criteria are contained in the method(s) and
the method(s) are included in the QAPP, (b) the analytical method(s) are at least as stringent as
the methods listed above, and (c) the method(s) have been approved for use by a nationally
13

recognized organization responsible for verification and publication of analytical methods, e.g.,
EPA, ASTM, NIOSH, OSHA, etc. Respondents shall ensure that all laboratories they use for
analysis of samples taken pursuant to this Settlement have a documented Quality System that
complies with ANSI/ASQC E-4-2004, "Quality Systems for Environmental Data and
Technology Programs: Requirements with Guidance for Use" (American National Standard,
2004, and "EPA Requirements for Quality Management Plans (QA/R-2)" (EPA/240/B-01/002,
March 2001, reissued May 2006), or equivalent documentation as determined by EPA. EPA may
consider Environmental Response Laboratory Network (ERLN) laboratories, laboratories
accredited under the National Environmental Laboratory Accreditation Program (NELAP), or
laboratories that meet International Standardization Organization (ISO 17025) standards or other
nationally recognized programs (http://www.epa.gov/fem/accredit.htm) as meeting the Quality
System requirements. Respondents shall ensure that all field methodologies utilized in collecting
samples for subsequent analysis pursuant to this Settlement are conducted in accordance with the
procedures set forth in the QAPP approved by EPA.
c. Upon request, Respondents shall provide split or duplicate samples to
EPA. Respondents shall notify EPA not less than 7 days in advance of any sample collection
activity unless shorter notice is agreed to by EPA. In addition, EPA shall have the right to take
any additional samples that EPA deems necessary. Upon request, EPA shall provide to
Respondents split or duplicate samples of any samples it takes as part of EPA's oversight of
Respondents' implementation of the Work.
d. Respondents shall submit to EPA the results of all sampling and/or tests or
other data obtained or generated by or on behalf of Respondents with respect to the Site and/or
the implementation of this Settlement.
e. Respondents waive any objections to any data gathered, generated, or
evaluated by EPA or Respondents in the performance or oversight of the Work that has been
verified according to the QA/QC procedures required by the Settlement or any EPA-approved
Work Plans or Sampling and Analysis Plans. If Respondents object to any other data relating to
the Work, Respondents shall submit to EPA a report that specifically identifies and explains its
objections, describes the acceptable uses of the data, if any, and identifies any limitations to the
use of the data. The report must be submitted to EPA within 15 days after the monthly progress
report containing the data.
f. Notwithstanding any provision of this Settlement, the United States retains
all of its information gathering and inspection authorities and rights, including enforcement
actions related thereto, under CERCLA, RCRA, and any other applicable statutes and
regulations.
22. Community Involvement EPA intends to use the LDW Site Community
Involvement Plan to involve the public in Work related to this Settlement. If requested by EPA,
Respondents shall participate in community involvement activities pursuant to the plan,
including participation in (1) the preparation of information regarding the Work for
dissemination to the public, with consideration given to including mass media and/or Internet
14

notification, and (2) public meetings that may be held or sponsored by EPA to explain activities
and/or solicit public comment at or relating to the Site. Respondents' support of EPA's
community involvement activities may include providing online access to initial submissions and
updates of deliverables to (1) any community advisory groups, (2) any technical assistance grant
recipients and their advisors, and (3) other entities to provide them with a reasonable opportunity
for review and comment. All community involvement activities conducted by Respondents at
EPA's request are subject to EPA's oversight. At EPA's discretion, Respondents shall establish a
community information repository at or near the Site to house one copy of the administrative
record.
23. Post-Removal Site Control. In accordance with the Removal Action Work Plan
schedule, or as otherwise directed by EPA, Respondents shall submit a proposal for Post-
Removal Site Control which shall include, but not be limited to: prohibitions of activities that
may interfere with or compromise the effectiveness of response actions undertaken at or near the
Site, of land uses inconsistent with the protectiveness of the implemented response action, and
use of groundwater wells for any consumptive use. Upon EPA approval, Respondents shall
either conduct Post-Removal Site Control activities, or obtain a written commitment from
another party for conduct of such activities, until such time as EPA determines that no further
Post-Removal Site Control is necessary. Respondents shall provide EPA with documentation of
all Post-Removal Site Control commitments.
24. Progress Reports. Respondents shall submit a written progress report to EPA
concerning actions undertaken pursuant to this Settlement on a monthly basis, or as otherwise
requested by EPA, from the date of receipt of EPA's approval of the EE/CA Work Plan until
issuance of Notice of Completion of Work pursuant to Section XXVIII, unless otherwise
directed in writing by the RPM/OSC. These reports shall describe all significant developments
during the preceding period, including the actions performed and any problems encountered,
analytical data received during the reporting period, and the developments anticipated during the
next reporting period, including a schedule of actions to be performed, anticipated problems, and
planned resolutions of past or anticipated problems.
25. Final Report. Within 45 days after completion of all Work required by this
Settlement, other than continuing obligations listed in Paragraph 101 (notice of completion),
Respondents shall submit for EPA review and approval a final report summarizing the actions
taken to comply with this Settlement. The final report shall conform, at a minimum, with the
requirements set forth in Section 300.165 of the NCP entitled "OSC Reports." The final report
shall include a good faith estimate of total costs or a statement of actual costs incurred in
complying with the Settlement, a listing of quantities and types of materials removed off-Site or
handled on-Site, if applicable a discussion of removal and disposal options considered for those
materials, if applicable, a listing of the ultimate destination(s) of those materials, a presentation
of the analytical results of all sampling and analyses performed, and accompanying appendices
containing all relevant documentation generated during the removal action (e.g., manifests,
invoices, bills, contracts, and permits). The final report shall also include the following
certification signed by a responsible corporate official of a Respondents or Respondents' Project
Coordinator: "I certify under penalty of law that this document and all attachments were
15

prepared under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
26. Off-Site Shipments.
a. Respondents may ship hazardous substances, pollutants and contaminants
from the Site to an off-Site facility only if they comply with Section 121(d)(3) of CERCLA,
42 U.S.C. 9621(d)(3), and 40 C.F.R. 300.440. Respondents will be deemed to be in
compliance with CERCLA Section 121(d)(3) and 40 C.F.R. 300.440 regarding a shipment if
Respondents obtain a prior determination from EPA that the proposed receiving facility for such
shipment is acceptable under the criteria of 40 C.F.R. 300.440(b). Respondents may ship
Investigation Derived Waste (IDW) from the Site to an off-Site facility only if Respondents
comply with EPA's "Guide to Management of Investigation Derived Waste," OSWER 9345.3-
03FS (Jan. 1992).
b. Respondents may ship Waste Material from the Site to an out-of-state
waste management facility only if, prior to any shipment, they provide written notice to the
appropriate state environmental official in the receiving facility's state and to the RPM/OSC.
This written notice requirement shall not apply to any off-Site shipments when the total quantity
of all such shipments will not exceed ten cubic yards. The written notice must include the
following information, if available: (1) the name and location of the receiving facility; (2) the
type and quantity of Waste Material to be shipped; (3) the schedule for the shipment; and (4) the
method of transportation. Respondents also shall notify the state environmental official
referenced above and the OSC of any major changes in the shipment plan, such as a decision to
ship the Waste Material to a different out-of-state facility. Respondents shall provide the written
notice after the award of the contract for the removal action and before the Waste Material is
shipped.
IX. PROPERTY REQUIREMENTS
27. Agreements Regarding Access and Non-Interference. Respondents shall, with
respect to any Non-Settling Owner's Affected Property, use best efforts to secure from such
Non-Settling Owner an agreement, enforceable by Respondents and the EPA, providing that
such Non-Settling Owner, and Respondents shall, with respect to Non-Settling Owner's and
Respondents' Affected Property: (i) provide the EPA, the State, Respondents, and their
representatives, contractors, and subcontractors with access at all reasonable times to such
Affected Property to conduct any activity regarding the Settlement, including those activities
listed in Paragraph 0 (Access Requirements); and, (ii) if EPA provides written notification
regarding Non-Settling Owner's and/or Settling Owner's Affected Property, refrain from using
such Affected Property in any manner that EPA determines will pose an unacceptable risk to
human health or to the environment due to exposure to Waste Material, or interfere with or
16

adversely affect the implementation, integrity, or protectiveness of the removal action[, including
the restrictions listed in Paragraph 0 (Land, Water, or Other Resource Use Restrictions).
a. Access Requirements. The following is a list of activities for which
access is required regarding the Affected Property:
(1) Monitoring the Work;
(2) Verifying any data or information submitted to the United States or
the State;
(3) Conducting investigations regarding contamination at or near the
Site;
(4) Obtaining samples;
(5) Assessing the need for, planning, implementing, or monitoring
response actions;
(6) Assessing implementation of quality assurance and quality control
practices as defined in the approved construction quality assurance quality control plan as
provided in the SOW or as defined in the approved QAPP;
(7) Implementing the Work pursuant to the conditions set forth in
Paragraph 72 (Work Takeover);
(8) Inspecting and copying records, operating logs, contracts, or other
documents maintained or generated by Respondents or their agents, consistent with Section X
(Access to Information);
(9) Assessing Respondents' compliance with the Settlement;
(10) Determining whether the Affected Property is being used in a
manner that is prohibited or restricted, or that may need to be prohibited or restricted under the
Settlement; and
(11) Implementing, monitoring, maintaining, reporting on, and
enforcing any land, water, or other resource use restrictions regarding the Affected Property.
b. Land, Water, or Other Resource Use Restrictions. The following is a list
of land, water, or other resource use restrictions that EPA may determine to be applicable to the
Affected Property:
(1) Prohibiting activities which could interfere with the removal
action;

(2) Prohibiting use of contaminated groundwater;
(3) Prohibiting activities which could result in exposure to
contaminants in subsurface soils and groundwater;
(4) Ensuring that any new structures on the Affected Property will not
be constructed in the following manner which could interfere with the removal action; and
(5) Ensuring that any new structures on the Affected Property will be
constructed in manner which will minimize potential risk of inhalation of contaminants.
28. Best Efforts. As used in this Section, "best efforts" means the efforts that a
reasonable person in the position of Respondents would use so as to achieve the goal in a timely
manner, including the cost of employing professional assistance and the payment of reasonable
sums of money to secure access and/or use restriction agreements, as required by this Section. If
Respondents are unable to accomplish what is required through "best efforts" in a timely
manner, they shall notify EPA, and include a description of the steps taken to comply with the
requirements. If EPA deems it appropriate, it may assist Respondents, or take independent
action, in obtaining such access and/or use restrictions. All costs incurred by the United States in
providing such assistance or taking such action, including the cost of attorney time and the
amount of monetary consideration or just compensation paid, constitute Future Response Costs
to be reimbursed under Section XIV (Payment of Future Response Costs).
29. Respondents shall not Transfer its Affected Property unless it has first secured
EPA's approval of, and transferee's consent to, an agreement that: (i) is enforceable by
Respondents and EPA; and (ii) requires the transferee to provide access to and refrain from using
the Affected Property to the same extent as is provided under Paragraphs 0and, if applicable,
27.b.
30. If EPA determines in a decision document prepared in accordance with the NCP
that institutional controls in the form of state or local laws, regulations, ordinances, zoning
restrictions, or other governmental controls or notices are needed, Respondents shall cooperate
with EPA's and the State's efforts to secure and ensure compliance with such institutional
controls.
31. In the event of any Transfer of the Affected Property, unless the United States
otherwise consents in writing, Respondents shall continue to comply with their obligations under
the Settlement, including their obligation to secure access and ensure compliance with any land,
water, or other resource use restrictions regarding the Affected Property.
32. Notice to Successors-in-Title.
a. Respondents shall, within 15 days of receiving a request to file a notice to
successors-in-title, submit for EPA approval a notice to be filed regarding Respondents' Affected
Property in the appropriate land records. The notice must: (1) include a proper legal description
of the Affected Property; (2) provide notice to all successors-in-title that: (i) the Affected
18

Property is part of, or related to, the Site; (ii) EPA has selected a removal action for the Site; and
(iii) potentially responsible parties have entered into an Administrative Settlement Agreement
and Order on Consent requiring implementation of that removal action; and (3) identify the
name, docket number, and effective date of this Settlement. Respondents shall record the notice
within 10 days after EPA's approval of the notice and submit to EPA, within 10 days thereafter,
a certified copy of the recorded notice.
b. Respondents shall, prior to entering into a contract to Transfer its Affected
Property, or 60 days prior to Transferring its Affected Property, whichever is earlier:
(1) Notify the proposed transferee that EPA has selected a removal
action regarding the Site, that potentially responsible parties have entered into an Administrative
Settlement Agreement and Order on Consent requiring implementation of such removal action,
(identifying the name, docket number, and the effective date of this Settlement); and
(2) Notify EPA of the name and address of the proposed transferee
and provide EPA with a copy of the above notice that it provided to the proposed transferee.
33. Notwithstanding any provision of the Settlement, EPA retains all of its access
authorities and rights, as well as all of its rights to require land, water, or other resource use
restrictions, including enforcement authorities related thereto under CERCLA, RCRA, and any
other applicable statute or regulations.
X. ACCESS TO INFORMATION
34. Respondents shall provide to EPA, upon request, copies of all records, reports,
documents, and other information (including records, reports, documents, and other information
in electronic form) (hereinafter referred to as "Records") within Respondents' possession or
control or that of their contractors or agents relating to activities at the Site or to the
implementation of this Settlement, including, but not limited to, sampling, analysis, chain of
custody records, manifests, trucking logs, receipts, reports, sample traffic routing,
correspondence, or other documents or information regarding the Work. Respondents shall also
make available to EPA, for purposes of investigation, information gathering, or testimony, its
employees, agents, or representatives with knowledge of relevant facts concerning the
performance of the Work.
35. Privileged and Protected Claims.
a. Respondents may assert all or part of a Record requested by EPA is
privileged or protected as provided under federal law, in lieu of providing the Record, provided
Respondents comply with Paragraph 35.b, and except as provided in Paragraph 35.c.
b. If Respondents assert such a privilege or protection, they shall provide
EPA with the following information regarding such Record: its title; its date; the name, title,
affiliation (e.g., company or firm), and address of the author, of each addressee, and of each

recipient; a description of the Record's contents; and the privilege or protection asserted. If a
claim of privilege or protection applies only to a portion of a Record, Respondents shall provide
the Record to EPA in redacted form to mask the privileged or protected portion only.
Respondents shall retain all Records that they claim to be privileged or protected until EPA has
had a reasonable opportunity to dispute the privilege or protection claim and any such dispute
has been resolved in Respondents' favor.
c. Respondents may make no claim of privilege or protection regarding: (1)
any data regarding the Site, including, but not limited to, all sampling, analytical, monitoring,
hydrogeologic, scientific, chemical, radiological, or engineering data, or the portion of any other
Record that evidences conditions at or around the Site; or (2) the portion of any Record that
Respondents are required to create or generate pursuant to this Settlement.
36. Business Confidential Claims. Respondents may assert that all or part of a Record
provided to EPA under this Section or Section XI (Record Retention) is business confidential to
the extent permitted by and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C.
9604(e)(7), and 40 C.F.R. 2.203(b). Respondents shall segregate and clearly identify all
Records or parts thereof submitted under this Settlement for which Respondents assert business
confidentiality claims. Records submitted to EPA determined to be confidential by EPA will be
afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality
accompanies Records when they are submitted to EPA, or if EPA has notified Respondents that
the Records are not confidential under the standards of Section 104(e)(7) of CERCLA or 40
C.F.R. Part 2, Subpart B, the public may be given access to such Records without further notice
to Respondents.
37. Notwithstanding any provision of this Settlement, EPA retains all of its
information gathering and inspection authorities and rights, including enforcement actions
related thereto, under CERCLA, RCRA, and any other applicable statutes or regulations.
XI. RECORD RETENTION
38. Until ten (10) years after EPA provides Respondents with notice, pursuant to
Section XXVIII (Notice of Completion of Work), that all Work has been fully performed in
accordance with this Settlement, Respondents shall preserve and retain all non-identical copies
of Records (including Records in electronic form) now in their possession or control, or that
come into their possession or control, that relate in any manner to their liability under CERCLA
with regard to the Site, provided, however, that a Respondents who are potentially liable as
owners or operators of the Site must retain, in addition, all Records that relate to the liability of
any other person under CERCLA with respect to the Site. Respondents must also retain, and
instruct its contractors and agents to preserve, for the same period of time specified above all
non-identical copies of the last draft or final version of any Records (including Records in
electronic form) now in their possession or control or that come into their possession or control
that relate in any manner to the performance of the Work, provided, however, that each
Respondents (and its contractors and agents) must retain, in addition, copies of all data generated
during the performance of the Work and not contained in the aforementioned Records required to
20

be retained. Each of the above record retention requirements shall apply regardless of any
corporate retention policy to the contrary.
39. At the conclusion of the document retention period, Respondents shall notify EPA
at least 90 days prior to the destruction of any such Records, and, upon request by EPA, and
except as provided in Paragraph 35 (Privileged and Protected Claims), Respondents shall deliver
any such Records to EPA.
40. Each Respondent certifies individually that, to the best of its knowledge and
belief, after thorough inquiry, it has not altered, mutilated, discarded, destroyed, or otherwise
disposed of any Records (other than identical copies) relating to its potential liability regarding
the Site since notification of potential liability by EPA or the State and that it has fully complied
with any and all EPA and State requests for information regarding the Site pursuant to Sections
104(e) and 122(e) of CERCLA, 42 U.S.C. 9604(e) and 9622(e), and Section 3007 of RCRA,
42 U.S.C. 6927, and state law.
XII. COMPLIANCE WITH OTHER LAWS
41. Nothing in this Settlement limits Respondents' obligations to comply with the
requirements of all applicable state and federal laws and regulations, except as provided in
Section 121(e) of CERCLA, 42 U.S.C. 6921(e), and 40 C.F.R. 300.400(e) and 300.415(j).
In accordance with 40 C.F.R. 300.415(j), all on-site actions required pursuant to this
Settlement shall, to the extent practicable, as determined by EPA, considering the exigencies of
the situation, attain applicable or relevant and appropriate requirements (ARARs) under federal
environmental or state environmental or facility siting laws.
42. No local, state, or federal permit shall be required for any portion of the Work
conducted entirely on-site (i.e., within the areal extent of contamination or in very close
proximity to the contamination and necessary for implementation of the Work), including
studies, if the action is selected and carried out in compliance with Section 121 of CERCLA, 42
U.S.C. 9621. Where any portion of the Work that is not on-site requires a federal or state
permit or approval, Respondents shall submit timely and complete applications and take all other
actions necessary to obtain and to comply with all such permits or approvals. Respondents may
seek relief under the provisions of Section XVI (Force Majeure) for any delay in the
performance of the Work resulting from a failure to obtain, or a delay in obtaining, any permit or
approval required for the Work, provided that they have submitted timely and complete
applications and taken all other actions necessary to obtain all such permits or approvals. This
Settlement is not, and shall not be construed to be, a permit issued pursuant to any federal or
state statute or regulation.
XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES
43. Emergency Response. If any event occurs during performance of the Work that
causes or threatens to cause a release of Waste Material on, at, or from the Site that either
constitutes an emergency situation or that may present an immediate threat to public health or
21

welfare or the environment, Respondents shall immediately take all appropriate action to
prevent, abate, or minimize such release or threat of release. Respondents shall take these actions
in accordance with all applicable provisions of this Settlement, including, but not limited to, the
Health and Safety Plan. Respondents shall also immediately notify the RPM/OSC or, in the event
of his/her unavailability, the Regional Duty Officer at 1 (800) 424-4372 or 1(206) 553-4973 of
the incident or Site conditions. In the event that Respondents fail to take appropriate response
action as required by this Paragraph, and EPA takes such action instead, Respondents shall
reimburse EPA all costs of the response action not inconsistent with the NCP pursuant to Section
XIV (Payment of Response Costs).
44. Release Reporting. In addition, in the event of any release of a hazardous
substance from the Site, Respondents shall immediately notify the RPM/OSC or, in the event of
his/her unavailability, the Regional Duty Officer at 1 (800) 424-4372 or 1 (206) 553-4973, and
the National Response Center at (800) 424-8802. Respondents shall submit a written report to
EPA within 7 days after each release, setting forth the events that occurred and the measures
taken or to be taken to mitigate any release or endangerment caused or threatened by the release
and to prevent the reoccurrence of such a release. This reporting requirement is in addition to,
and not in lieu of, reporting under Section 103(c) of CERCLA, 42 U.S.C. 9603(c), and Section
304 of the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C.
11004.
XIV. PAYMENT OF FUTURE RESPONSE COSTS
45. Payments for Future Response Costs. Respondents shall pay to EPA all Future
Response Costs not inconsistent with the NCP.
a. On a periodic basis, EPA will send Respondents a bill requiring payment
that includes a Superfund Cost Recovery Package Imaging and On-Line System (SCORPIOS)
report, which includes direct and indirect costs incurred by EPA, its contractors, subcontractors,
and the United States Department of Justice. Upon request by Respondents, EPA may provide
work performed documentation (excluding any confidential business information or personal
identifier information contained in such documentation). Respondents shall make all payments
within 30 days after Respondents' receipt of each bill requiring payment except as otherwise
provided in Paragraph 48 (Contesting Future Response Costs). EPA will, if requested by
Respondents after their receipt of a Future Response Cost bill, provide Respondents with the
work performed documentation supporting the bill to the extent that such information is not
subject to a claim of privilege, confidential business information, or personal identifier
information. In order to facilitate prompt payment, EPA will send its bills to:
Port of Seattle Environmental Finance Department
Attn: Terri Haider
P O Box 1209
Seattle, WA 98111-1209

With copies by email to:

Terri Haider, haider.t@portseattle.org
Roy Kuroiwa, kuroiwa.r@portseattle.org
b. Respondents shall make all payments required by this Paragraph to EPA
by Fedwire Electronic Funds Transfer ("EFT") to:
Federal Reserve Bank of New York
ABA = 021030004
Account = 68010727
SWIFT address = FRNYUS33
33 Liberty Street
New York, NY 10045
Field Tag 4200 of the Fedwire message should read "D 68010727 Environmental
Protection Agency"
and shall reference Site/Spill ID Number 10QG and the EPA docket number for this action.
46. Deposit of Future Response Costs Payments. The total amount to be paid by
Respondents pursuant to Paragraph 45.a shall be deposited by EPA in the Lower Duwamish
Waterway Superfund Site Special Account to be retained and used to conduct or finance
response actions at or in connection with the Site, or to be transferred by EPA to the EPA
Hazardous Substance Superfund, provided, however, that EPA may deposit a Future Response
Costs payment directly into the EPA Hazardous Substance Superfund if, at the time the payment
is received, EPA estimates that the Lower Duwamish Waterway Superfund Site Special Account
balance is sufficient to address currently anticipated future response actions to be conducted or
financed by EPA at or in connection with the Site. Any decision by EPA to deposit a Future
Response Costs payment directly into the EPA Hazardous Substance Superfund for this reason
shall not be subject to challenge by Respondents pursuant to the dispute resolution provisions of
this Settlement or in any other forum.
47. Interest. In the event that any payment for Future Response Costs is not made by
the date required, Respondents shall pay Interest on the unpaid balance. The Interest on Future
Response Costs shall begin to accrue on the date of the bill. The Interest shall accrue through the
date of Respondents' payment. Payments of Interest made under this Paragraph shall be in
addition to such other remedies or sanctions available to the United States by virtue of
Respondents' failure to make timely payments under this Section, including but not limited to,
payment of stipulated penalties pursuant to Paragraph 59 (Stipulated Penalties - Work).
48. Contesting Future Response Costs. Respondents may submit a Notice of Dispute,
initiating the procedures of Section XV (Dispute Resolution) regarding payment of any Future
23

Response Costs billed under Paragraph 45 if they determine that EPA has made a mathematical
error or included a cost item that is not within the definition of Future Response Costs, or if they
believe EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a
specific provision or provisions of the NCP. Such Notice of Dispute shall be submitted in writing
within 30 days after receipt of the bill and must be sent to the RPM/OSC. Any such Notice of
Dispute shall specifically identify the contested Future Response Costs and the basis for
objection. If Respondents submit a Notice of Dispute, Respondents shall within the 30-day
period pay all uncontested Future Response Costs to EPA in the manner described in
Paragraph 45. Simultaneously, Respondents shall establish, in a duly chartered bank or trust
company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance
Corporation (FDIC), and remit to that escrow account funds equivalent to the amount of the
contested Future Response Costs. Respondents shall send to the RPM/OSC a copy of the
transmittal letter and check paying the uncontested Future Response Costs, and a copy of the
correspondence that establishes and funds the escrow account, including, but not limited to,
information containing the identity of the bank and bank account under which the escrow
account is established as well as a bank statement showing the initial balance of the escrow
account. If EPA prevails in the dispute, within 5 days after the resolution of the dispute,
Respondents shall pay the sums due (with accrued interest) to EPA in the manner described in
Paragraph 45. If Respondents prevail concerning any aspect of the contested costs, Respondents
shall pay that portion of the costs (plus associated accrued interest) for which they did not prevail
to EPA in the manner described in Paragraph 45. Respondents shall be disbursed any balance of
the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction
with the procedures set forth in Section XV (Dispute Resolution) shall be the exclusive
mechanisms for resolving disputes regarding Respondents' obligation to reimburse EPA for its
Future Response Costs.
XV. DISPUTE RESOLUTION
49. Unless otherwise expressly provided for in this Settlement, the dispute resolution
procedures of this Section shall be the exclusive mechanism for resolving disputes arising under
this Settlement. The Parties shall attempt to resolve any disagreements concerning this
Settlement expeditiously and informally.
50. Informal Dispute Resolution. If Respondents object to any EPA action taken
pursuant to this Settlement, including billings for Future Response Costs, they shall send EPA a
written Notice of Dispute describing the objection(s) within 7 days after such action. EPA and
Respondents shall have 21 days from EPA's receipt of Respondents' Notice of Dispute to
resolve the dispute through informal negotiations (the "Negotiation Period"). The Negotiation
Period may be extended at the sole discretion of EPA. Any agreement reached by the Parties
pursuant to this Section shall be in writing and shall, upon signature by the Parties, be
incorporated into and become an enforceable part of this Settlement.
51. Formal Dispute Resolution. If the Parties are unable to reach an agreement within
the Negotiation Period, Respondents shall, within 20 days after the end of the Negotiation
Period, submit a statement of position to the OSC/RPM. EPA may, within 20 days thereafter,
24

submit a statement of position. Thereafter, the Director of the Region 10 Superfund and
Emergency Management Division or designee will issue a written decision on the dispute to
Respondents. EPA's decision shall be incorporated into and become an enforceable part of this
Settlement. Following resolution of the dispute, as provided by this Section, Respondents shall
fulfill the requirement that was the subject of the dispute in accordance with the agreement
reached or with EPA's decision, whichever occurs.
52. Except as provided in Paragraph 48 (Contesting Future Response Costs) or as
agreed by EPA, the invocation of formal dispute resolution procedures under this Section does
not extend, postpone, or affect in any way any obligation of Respondents under this Settlement.
Stipulated penalties with respect to the disputed matter shall continue to accrue but payment shall
be stayed pending resolution of the dispute as provided in Paragraph 62. Notwithstanding the
stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any
applicable provision of this Settlement except as provided in Paragraph 62. In the event that
Respondents do not prevail on the disputed issue, stipulated penalties shall be assessed by EPA
and shall be paid as provided in Section XVII (Stipulated Penalties).
XVI. FORCE MAJEURE
53. "Force Majeure" for purposes of this Settlement, is defined as any event arising
from causes beyond the control of Respondents, of any entity controlled by Respondents, or of
Respondents' contractors that delays or prevents the performance of any obligation under this
Settlement despite Respondents' best efforts to fulfill the obligation. The requirement that
Respondents exercise "best efforts to fulfill the obligation" includes using best efforts to
anticipate any potential force majeure and best efforts to address the effects of any potential
force majeure (a) as it is occurring and (b) following the potential force majeure such that the
delay and any adverse effects of the delay are minimized to the greatest extent possible. "Force
majeure" does not include financial inability to complete the Work, increased cost of
performance, or a failure to attain an EPA approved performance standard.
54. If any event occurs or has occurred that may delay the performance of any
obligation under this Settlement for which Respondents intend or may intend to assert a claim of
force majeure, Respondents shall notify EPA's RPM/OSC orally or, in his or her absence, the
alternate EPA RPM/OSC, or, in the event both of EPA's designated representatives are
unavailable, the Director of the Superfund and Emergency Management Division, EPA Region
10, within 48 hours of when Respondents first knew that the event might cause a delay. Within 7
days thereafter, Respondents shall provide in writing to EPA an explanation and description of
the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to
prevent or minimize the delay; a schedule for implementation of any measures to be taken to
prevent or mitigate the delay or the effect of the delay; Respondents' rationale for attributing
such delay to a force majeure; and a statement as to whether, in the opinion of Respondents, such
event may cause or contribute to an endangerment to public health or welfare, or the
environment. Respondents shall include with any notice all available documentation supporting
their claim that the delay was attributable to a force majeure. Respondents shall be deemed to
know of any circumstance of which Respondents, any entity controlled by Respondents, or
25

Respondents' contractors knew or should have known. Failure to comply with the above
requirements regarding an event shall preclude Respondents from asserting any claim of force
majeure regarding that event, provided, however, that if EPA, despite the late or incomplete
notice, is able to assess to its satisfaction whether the event is a force majeure under
Paragraph 53 and whether Respondents have exercised their best efforts under Paragraph 53,
EPA may, in its unreviewable discretion, excuse in writing Respondents' failure to submit timely
or complete notices under this Paragraph.
55. If EPA agrees that the delay or anticipated delay is attributable to a force majeure,
the time for performance of the obligations under this Settlement that are affected by the force
majeure will be extended by EPA for such time as is necessary to complete those obligations. An
extension of the time for performance of the obligations affected by the force majeure shall not,
of itself, extend the time for performance of any other obligation. If EPA does not agree that the
delay or anticipated delay has been or will be caused by a force majeure, EPA will notify
Respondents in writing of its decision. If EPA agrees that the delay is attributable to a force
majeure, EPA will notify Respondents in writing of the length of the extension, if any, for
performance of the obligations affected by the force majeure.
56. If Respondents elect to invoke the dispute resolution procedures set forth in
Section XV (Dispute Resolution), they shall do so no later than 15 days after receipt of EPA's
notice. In any such proceeding, Respondents shall have the burden of demonstrating by a
preponderance of the evidence that the delay or anticipated delay has been or will be caused by a
force majeure, that the duration of the delay or the extension sought was or will be warranted
under the circumstances, that best efforts were exercised to avoid and mitigate the effects of the
delay, and that Respondents complied with the requirements of Paragraphs 53 and 54. If
Respondents carry this burden, the delay at issue shall be deemed not to be a violation by
Respondents of the affected obligation of this Settlement identified to EPA.
57. The failure by EPA to timely complete any obligation under the Settlement is not
a violation of the Settlement; provided, however, that if such failure prevents Respondents from
meeting one or more deadlines under the Settlement, Respondents may seek relief under this
Section.
XVII. STIPULATED PENALTIES
58. Respondents shall be liable to EPA for stipulated penalties in the amounts set
forth in Paragraphs 59 and 60 for failure to comply with the requirements of this Settlement
specified below, unless excused under Section XVI (Force Majeure). "Compliance" by
Respondents shall include completion of all activities and obligations, including payments,
required under this Settlement, or any deliverable approved under this Settlement, in accordance
with all applicable requirements of law, this Settlement, the attached SOW, and any deliverables
approved under this Settlement and within the specified time schedules established by and
approved under this Settlement.

59. Stipulated Penalty Amounts - Work (Including Payments and Excluding
Deliverables).
a. The following stipulated penalties shall accrue per violation per day for
any noncompliance identified in Paragraph 59.b:
Penalty Per Violation Per Day Period of Noncompliance
$750 1st through 14th day
$2,000 15th through 30th day
$4,000 31st day and beyond
b. Compliance Milestones. Establishment and maintenance of financial
assurance in compliance with the timelines and other substantive and procedural requirements of
Section XXV (Financial Assurance) within 30 days of the Effective Date, paying Future
Response Costs on the date required by Section XIV (Payment of Future Response Costs),
initiating field sampling on the date approved by EPA, completing a field sampling on the date
approved by EPA, or submitting a field sampling report on the date approved by EPA.
60. Stipulated Penalty Amounts - Deliverables. The following stipulated penalties
shall accrue per violation per day for failure to submit timely or adequate deliverables pursuant
to this Settlement:
Penalty Per Violation Per Day Period of Noncompliance
$750 1st through 14th day
$2,000 15th through 30th day
$4,000 31st day and beyond
61. In the event that EPA assumes performance of all or any portion(s) of the Work
pursuant to Paragraph 72 (Work Takeover), Respondents shall be liable for a stipulated penalty
in an amount selected by EPA that will not exceed 33%the cost of EPA's performance of the
Work it performs. Stipulated penalties under this Paragraph are in addition to the remedies
available to EPA under Paragraphs 72 (Work Takeover) and 94 (Access to Financial Assurance).
62. All penalties shall begin to accrue on the day after the complete performance is
due or the day a violation occurs and shall continue to accrue through the final day of the
correction of the noncompliance or completion of the activity. However, stipulated penalties
shall not accrue: (a) with respect to a deficient submission under Paragraph 18 (Work Plan and
Implementation), during the period, if any, beginning on the 31st day after EPA's receipt of such
submission until the date that EPA notifies Respondents of any deficiency; and (b) with respect
to a decision by the EPA Region 10, Superfund and Emergency Management Division Director
or designee, under Paragraph 51 of Section XV (Dispute Resolution), during the period, if any,
beginning the21st day after the Negotiation Period begins until the date that the EPA Superfund
and Emergency Management Division Director or designee issues a final decision regarding such

dispute. Nothing in this Settlement shall prevent the simultaneous accrual of separate penalties
for separate violations of this Settlement. Penalties shall continue to accrue during any dispute
resolution period, and shall be paid within 15 days after the agreement or the receipt of EPA's
decision or order.
63. Following EPA's determination that Respondents have failed to comply with a
requirement of this Settlement, EPA may give Respondents written notification of the failure and
describe the noncompliance. EPA may send Respondents a written demand for payment of the
penalties. However, penalties shall accrue as provided in the preceding Paragraph regardless of
whether EPA has notified Respondents of a violation.
64. All penalties accruing under this Section shall be due and payable to EPA within
30 days after Respondents' receipt from EPA of a demand for payment of the penalties, unless
Respondents invoke the Dispute Resolution procedures under Section XV (Dispute Resolution)
within the 30-day period. All payments to EPA under this Section shall indicate that the payment
is for stipulated penalties and shall be made in accordance with Paragraph 45 (Payments for
Future Response Costs).
65. If Respondents fail to pay stipulated penalties when due, Respondents shall pay
Interest on the unpaid stipulated penalties as follows: (a) if Respondents have timely invoked
dispute resolution such that the obligation to pay stipulated penalties has been stayed pending the
outcome of dispute resolution, Interest shall accrue from the date stipulated penalties are due
pursuant to Paragraph 62 until the date of payment; and (b) if Respondents failed to timely
invoke dispute resolution, Interest shall accrue from the date of demand under Paragraph 64 until
the date of payment. If Respondents fail to pay stipulated penalties and Interest when due, the
United States may institute proceedings to collect the penalties and Interest.
66. The payment of penalties and Interest, if any, shall not alter in any way
Respondents' obligation to complete the performance of the Work required under this
Settlement.
67. Nothing in this Settlement shall be construed as prohibiting, altering, or in any
way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of
Respondents' violation of this Settlement or of the statutes and regulations upon which it is
based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of
CERCLA, 42 U.S.C. 9606(b) and 9622(l), and punitive damages pursuant to Section
107(c)(3) of CERCLA, 42 U.S.C. 9607(c)(3), provided however, that EPA shall not seek civil
penalties pursuant to Section 106(b) or Section 122(l) of CERCLA or punitive damages pursuant
to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided in
this Settlement, except in the case of a willful violation of this Settlement or in the event that
EPA assumes performance of a portion or all of the Work pursuant to Paragraph 72 (Work
Takeover).

68. Notwithstanding any other provision of this Section, EPA may, in its
unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to
this Settlement.
XVIII. COVENANTS BY EPA
69. Covenants for Respondents. Except as provided in Section XIX (Reservations of
Rights by EPA), EPA covenants not to sue or to take administrative action against Respondents
pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), for the Work
and Future Response Costs. These covenants shall take effect upon the Effective Date. These
covenants are conditioned upon the complete and satisfactory performance by Respondents of
their obligations under this Settlement. These covenants extend only to Respondents and do not
extend to any other person.

XIX. RESERVATIONS OF RIGHTS BY EPA
70. Except as specifically provided in this Settlement, nothing in this Settlement shall
limit the power and authority of EPA or the United States to take, direct, or order all actions
necessary to protect public health, welfare, or the environment or to prevent, abate, or minimize
an actual or threatened release of hazardous substances, pollutants, or contaminants, or
hazardous or solid waste on, at, or from the Site. Further, nothing in this Settlement shall prevent
EPA from seeking legal or equitable relief to enforce the terms of this Settlement, from taking
other legal or equitable action as it deems appropriate and necessary, or from requiring
Respondents in the future to perform additional activities pursuant to CERCLA or any other
applicable law.
71. The covenants set forth in Section XVIII (Covenants by EPA) do not pertain to
any matters other than those expressly identified therein. EPA reserves, and this Settlement is
without prejudice to, all rights against Respondents with respect to all other matters, including,
but not limited to:
a. liability for failure by Respondents to meet a requirement of this
Settlement;
b. liability for costs not included within the definition Future Response
Costs;
c. liability for performance of response action other than the Work;
d. criminal liability;
e. liability for violations of federal or state law that occur during or after
implementation of the Work;

f. liability for damages for injury to, destruction of, or loss of natural
resources, and for the costs of any natural resource damage assessments;
g. liability arising from the past, present, or future disposal, release or threat
of release of Waste Materials outside of the Site; and
h. liability for costs incurred or to be incurred by the Agency for Toxic
Substances and Disease Registry related to the Site not paid as Future Response Costs under this
Settlement.
72. Work Takeover.
a. In the event EPA determines that Respondents: (1) have ceased
implementation of any portion of the Work; (2) are seriously or repeatedly deficient or late in
their performance of the Work; or (3) are implementing the Work in a manner that may cause an
endangerment to human health or the environment, EPA may issue a written notice ("Work
Takeover Notice") to Respondents. Any Work Takeover Notice issued by EPA (which writing
may be electronic) will specify the grounds upon which such notice was issued and will provide
Respondents a period of 3 days within which to remedy the circumstances giving rise to EPA's
issuance of such notice.
b. If, after expiration of the 3-day notice period specified in Paragraph 72.a,
Respondents has not remedied to EPA's satisfaction the circumstances giving rise to EPA's
issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the
performance of all or any portion(s) of the Work as EPA deems necessary ("Work Takeover").
EPA will notify Respondents in writing (which writing may be electronic) if EPA determines
that implementation of a Work Takeover is warranted under this Paragraph 72.b. Funding of
Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).
c. Respondents may invoke the procedures set forth in Paragraph 51 (Formal
Dispute Resolution) to dispute EPA's implementation of a Work Takeover under Paragraph 72.b.
However, notwithstanding Respondents' invocation of such dispute resolution procedures, and
during the pendency of any such dispute, EPA may in its sole discretion commence and continue
a Work Takeover under Paragraph 72.b until the earlier of (1) the date that Respondents remedy,
to EPA's satisfaction, the circumstances giving rise to EPA's issuance of the relevant Work
Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is
rendered in accordance with Paragraph 51 (Formal Dispute Resolution).
d. Notwithstanding any other provision of this Settlement, EPA retains all
authority and reserves all rights to take any and all response actions authorized by law.
XX. COVENANTS BY RESPONDENT
73. Except as provided in Paragraph 77 below, Respondents covenant not to sue and
agree not to assert any claims or causes of action against the United States, or its contractors or

employees, with respect to the Work, Future Response Costs, and this Settlement, including, but
not limited to:
a. any direct or indirect claim for reimbursement from the EPA Hazardous
Substance Superfund through Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C.
9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law;
b. any claims under Sections 107 and 113 of CERCLA, Section 7002(a) of
RCRA, 42 U.S.C. 6972(a), or state law regarding the Work, Future Response Costs, and this
Settlement;
c. any claim arising out of response actions at or in connection with the Site,
including any claim under the United States Constitution, the State Constitution, the Tucker Act,
28 U.S.C. 1491, the Equal Access to Justice Act, 28 U.S.C. 2412, or at common law.
74. Except as provided in Paragraph 78 (Waiver of Claims by Respondents), these
covenants not to sue shall not apply in the event the United States brings a cause of action or
issues an order pursuant to any of the reservations set forth in Section XIX (Reservations of
Rights by EPA), other than in Paragraph 74.a (liability for failure to meet a requirement of the
Settlement), 71.d (criminal liability), or 71.e (violations of federal/state law during or after
implementation of the Work), but only to the extent that Respondents' claims arise from the
same response action, response costs, or damages that the United States is seeking pursuant to
the applicable reservation.
75. Nothing in this Settlement shall be deemed to constitute approval or
preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. 9611, or
40 C.F.R. 300.700(d).
76. Respondents reserve, and this Settlement is without prejudice to, claims against
the United States, subject to the provisions of Chapter 171 of Title 28 of the United States Code,
and brought pursuant to any statute other than CERCLA or RCRA and for which the waiver of
sovereign immunity is found in a statute other than CERCLA or RCRA, for money damages for
injury or loss of property or personal injury or death caused by the negligent or wrongful act or
omission of any employee of the United States, as that term is defined in 28 U.S.C. 2671, while
acting within the scope of his or her office or employment under circumstances where the United
States, if a private person, would be liable to the claimant in accordance with the law of the place
where the act or omission occurred. However, the foregoing shall not include any claim based on
EPA's selection of response actions, or the oversight or approval of Respondents' deliverables or
activities.
77. Notwithstanding any other provision of this Settlement, this Settlement
Agreement shall not have any effect on claims or causes of action that any Respondent has or
may have pursuant to Section 113(f) of CERCLA, 42 U.S.C. 9613(f), against the United States
on behalf of the United States General Services Administration, and the United States
Department of Defense, including but not limited to the United States Army (including the
31

United States Army Corps of Engineers), the United States Navy, and the United States Air
Force, based upon the United States' status as a potentially responsible party pursuant to Section
107(a) of CERCLA, 42 U.S.C. 9607(a), relating to the Work, Future Response Costs, and this
Settlement.
78. Waiver of Claims by Respondents.
a. Respondents agree not to assert any claims and to waive all claims or
causes of action (including but not limited to claims or causes of action under Sections 107(a)
and 113 of CERCLA) that they may have:
(1) De Micromis Waiver. For all matters relating to the Site against
any person where the person's liability to Respondents with respect to the Site is based solely on
having arranged for disposal or treatment, or for transport for disposal or treatment, of hazardous
substances at the Site, or having accepted for transport for disposal or treatment of hazardous
substances at the Site, if all or part of the disposal, treatment, or transport occurred before April
1, 2001, and the total amount of material containing hazardous substances contributed by such
person to the Site was less than 110 gallons of liquid materials or 200 pounds of solid materials.
(2) De Minimis/Ability to Pay Waiver. For response costs relating to
the Site against any person that has entered or in the future enters into a final Section 122(g) de
minimis settlement, or a final settlement based on limited ability to pay with EPA with respect to
the Site.
b. Exceptions to Waivers.
(1) The waivers under this Paragraph 78 shall not apply with respect to
any defense, claim, or cause of action that a Respondents may have against any person otherwise
covered by such waivers if such person asserts a claim or cause of action relating to the Site
against such Respondents.
(2) The waiver under Paragraph 78.a(1) (De Micromis Waiver) shall
not apply to any claim or cause of action against any person otherwise covered by such waiver if
EPA determines that: (i) the materials containing hazardous substances contributed to the Site by
such person contributed significantly or could contribute significantly, either individually or in
the aggregate, to the cost of the response action or natural resource restoration at the Site; or (ii)
such person has failed to comply with any information request or administrative subpoena issued
pursuant to Sections 104(e) or 122(e) of CERCLA, 42 U.S.C. 9604(e) or 9622(e), or Section
3007 of RCRA, 42 U.S.C. 6927, or has impeded or is impeding, through action or inaction, the
performance of a response action or natural resource restoration with respect to the Site; or if (iii)
such person has been convicted of a criminal violation for the conduct to which the waiver would
apply and that conviction has not been vitiated on appeal or otherwise.

XXI. OTHER CLAIMS
79. By issuance of this Settlement, the United States and EPA assume no liability for
injuries or damages to persons or property resulting from any acts or omissions of Respondents.
The United States or EPA shall not be deemed a party to any contract entered into by
Respondents or their directors, officers, employees, agents, successors, representatives, assigns,
contractors, or consultants in carrying out actions pursuant to this Settlement.
80. Except as expressly provided in Paragraphs 78 (Waiver of Claims by
Respondents) and Section XVIII (Covenants by EPA), nothing in this Settlement constitutes a
satisfaction of or release from any claim or cause of action against Respondents or any person
not a party to this Settlement, for any liability such person may have under CERCLA, other
statutes, or common law, including but not limited to any claims of the United States for costs,
damages, and interest under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607.
81. No action or decision by EPA pursuant to this Settlement shall give rise to any
right to judicial review, except as set forth in Section 113(h) of CERCLA, 42 U.S.C. 9613(h).
XXII. EFFECT OF SETTLEMENT/CONTRIBUTION
82. Except as provided in Paragraphs 78 (Waiver of Claims by Respondents), nothing
in this Settlement shall be construed to create any rights in, or grant any cause of action to, any
person not a Party to this Settlement. Except as provided in Section XX (Covenants by
Respondents), each of the Parties expressly reserves any and all rights (including, but not limited
to, Section 113 of CERCLA, 42 U.S.C. 9613), defenses, claims, demands, and causes of action
which each Party may have with respect to any matter, transaction, or occurrence relating in any
way to the Site against any person not a Party hereto. Nothing in this Settlement diminishes the
right of the United States, pursuant to Section 113(f)(2) and (3) of CERCLA, 42 U.S.C.
9613(f)(2)-(3), to pursue any such persons to obtain additional response costs or response action
and to enter into settlements that give rise to contribution protection pursuant to Section
113(f)(2).
83. The Parties agree that this Settlement constitutes an administrative settlement
pursuant to which Respondents have, as of the Effective Date, resolved liability to the United
States within the meaning of Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C.
9613(f)(2) and 9622(h)(4), and is entitled, as of the Effective Date, to protection from
contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, or
as may be otherwise provided by law, for the "matters addressed" in this Settlement. The
"matters addressed" in this Settlement are the Work, Future Response Costs, and Respondents'
Response Costs.

84. Respondents shall, with respect to any suit or claim brought by it for matters
related to this Settlement, notify EPA in writing no later than 60 days prior to the initiation of

such suit or claim. Respondents also shall, with respect to any suit or claim brought against it for
matters related to this Settlement, notify EPA in writing within 10 days after service of the
complaint or claim upon it. In addition, Respondents shall notify EPA within 10 days after
service or receipt of any Motion for Summary Judgment and within 10 days after receipt of any
order from a court setting a case for trial, for matters related to this Settlement.
85. In any subsequent administrative or judicial proceeding initiated by EPA, or by
the United States on behalf of EPA, for injunctive relief, recovery of response costs, or other
relief relating to the Site, Respondents shall not assert, and may not maintain, any defense or
claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion,
claim-splitting, or other defenses based upon any contention that the claims raised in the
subsequent proceeding were or should have been brought in the instant case; provided, however,
that nothing in this Paragraph affects the enforceability of the covenant by EPA set forth in
Section XVIII (Covenants by EPA).
XXIII. INDEMNIFICATION
86. The United States does not assume any liability by entering into this Settlement or
by virtue of any designation of Respondents as EPA's authorized representatives under Section
104(e) of CERCLA, 42 U.S.C. 9604(e), and 40 C.F.R. 300.400(d)(3). To the extent permitted
by law, Respondents shall indemnify, save, and hold harmless the United States, its officials,
agents, employees, contractors, subcontractors, and representatives for or from any and all claims
or causes of action arising from, or on account of, negligent or other wrongful acts or omissions
of Respondents, their officers, directors, employees, agents, contractors, or subcontractors, and
any persons acting on Respondents' behalf or under their control, in carrying out activities
pursuant to this Settlement. Further, Respondents agree to pay the United States all costs it
incurs, including but not limited to attorneys' fees and other expenses of litigation and settlement
arising from, or on account of, claims made against the United States based on negligent or other
wrongful acts or omissions of Respondents, their officers, directors, employees, agents,
contractors, subcontractors, and any persons acting on their behalf or under their control, in
carrying out activities pursuant to this Settlement. The United States shall not be held out as a
party to any contract entered into by or on behalf of Respondents in carrying out activities
pursuant to this Settlement. Neither Respondents nor any such contractor shall be considered an
agent of the United States.
87. The United States shall give Respondents notice of any claim for which the
United States plans to seek indemnification pursuant to this Section and shall consult with
Respondents prior to settling such claim.
88. Respondents covenant not to sue and agree not to assert any claims or causes of
action against the United States for damages or reimbursement or for set-off of any payments
made or to be made to the United States, arising from or on account of any contract, agreement,
or arrangement between any one or more of Respondents and any person for performance of
Work on or relating to the Site, including, but not limited to, claims on account of construction
delays. In addition, Respondents shall indemnify and hold harmless the United States with
34

respect to any and all claims for damages or reimbursement arising from or on account of any
contract, agreement, or arrangement between any one or more of Respondents and any person for
performance of Work on or relating to the Site, including, but not limited to, claims on account
of construction delays.
XXIV. INSURANCE
89. No later than 30 days before commencing any on-site Work, Respondents shall
secure, and shall maintain until the first anniversary after issuance of Notice of Completion of
Work pursuant to Section XXVIII (Notice of Completion of Work), commercial general liability
insurance with limits of $5 million, for any one occurrence, and automobile insurance with limits
of $2 million, combined single limit, naming EPA as an additional insured with respect to all
liability arising out of the activities performed by or on behalf of Respondents pursuant to this
Settlement. In addition, for the duration of the Settlement, Respondents shall provide EPA with
certificates of such insurance and a copy of each insurance policy. Respondents shall resubmit
such certificates and copies of policies each year on the anniversary of the Effective Date. In
addition, for the duration of the Settlement, Respondents shall satisfy, or shall ensure that its
contractors or subcontractors satisfy, all applicable laws and regulations regarding the provision
of worker's compensation insurance for all persons performing the Work on behalf of
Respondents in furtherance of this Settlement. If Respondents demonstrate by evidence
satisfactory to EPA that any contractor or subcontractor maintains insurance equivalent to that
described above, or insurance covering some or all of the same risks but in an lesser amount,
Respondents need provide only that portion of the insurance described above that is not
maintained by the contractor or subcontractor.
XXV. FINANCIAL ASSURANCE
90. In order to ensure completion of the Work, Respondents shall secure financial
assurance, initially in the amount of $1,000,000 ("Estimated Cost of the Work"), for the benefit
of EPA. The financial assurance must be one or more of the mechanisms listed below, in a form
substantially identical to the relevant sample documents available from the "Financial
Assurance" category on the Cleanup Enforcement Model Language and Sample Documents
Database at http://cfpub.epa.gov/compliance/models/, and satisfactory to EPA. Respondents may
use multiple mechanisms if they are limited to surety bonds guaranteeing payment, letters of
credit, trust funds, and/or insurance policies.
a. A surety bond guaranteeing payment and/or performance of the Work that
is issued by a surety company among those listed as acceptable sureties on federal bonds as set
forth in Circular 570 of the U.S. Department of the Treasury;
b. An irrevocable letter of credit, payable to or at the direction of EPA, that is
issued by an entity that has the authority to issue letters of credit and whose letter-of-credit
operations are regulated and examined by a federal or state agency;

c. A trust fund established for the benefit of EPA that is administered by a
trustee that has the authority to act as a trustee and whose trust operations are regulated and
examined by a federal or state agency;
d. A policy of insurance that provides EPA with acceptable rights as a
beneficiary thereof and that is issued by an insurance carrier that has the authority to issue
insurance policies in the applicable jurisdiction(s) and whose insurance operations are regulated
and examined by a federal or state agency;
e. A demonstration by Respondents that Respondents meet the relevant
financial test criteria of 40 C.F.R. 264.143(f) and reporting requirements of this Section for the
sum of the Estimated Cost of the Work and the amounts, if any, of other federal, state, or tribal
environmental obligations financially assured through the use of a financial test or guarantee; or
f. A guarantee to fund or perform the Work executed in favor of EPA by one
of the following: (1) a direct or indirect parent company of a Respondent; or (2) a company that
has a "substantial business relationship" (as defined in 40 C.F.R. 264.141(h)) with a
Respondent; provided, however, that any company providing such a guarantee must demonstrate
to EPA's satisfaction that it meets the relevant financial test criteria of 40 C.F.R. 264.143(f)
and reporting requirements of this Section for the sum of the Estimated Cost of the Work and the
amounts, if any, of other federal, state, or tribal environmental obligations financially assured
through the use of a financial test or guarantee.
91. Within 30 days of the Effective Date, Respondents shall submit to EPA a draft of
the form and substance of Respondents' financial assurance. Respondents shall secure all
executed and/or otherwise finalized mechanisms or other documents consistent with the EPA-
approved form of financial assurance and shall submit such mechanisms and documents to the
EPA RPM/OSC at the address specified in Paragraph 15 with a copy to Ted Yackulic, EPA
Assistant Regional Counsel at EPA Region 10, Office of Regional Counsel, 1200 Sixth Avenue,
Suite 900 (ORC-113), Seattle, WA 98103. Respondents shall submit the executed and/or
otherwise finalized mechanisms or other documents consistent with the EPA-approved form of
financial assurance by June 30, 2020.
92. If Respondents provide financial assurance by means of a demonstration or
guarantee under Paragraph 90.e or 90.f, the affected Respondents shall also comply and shall
ensure that their guarantors comply with the other relevant criteria and requirements of 40 C.F.R.
264.143(f) and this Section, including, but not limited to: (a) the initial submission to EPA of
required documents from the affected entity's chief financial officer and independent certified
public accountant no later than June 30, 2020; (b) the annual resubmission of such documents by
June 30 of each year; and (c) the notification of EPA no later than 30 days, in accordance with
Paragraph 937, after any such entity determines that it no longer satisfies the relevant financial
test criteria and requirements set forth at 40 C.F.R. 264.143(f)(1). Respondents agree that EPA
may also, based on a belief that an affected entity may no longer meet the financial test
requirements of Paragraph 90.e or 90.f, require reports of financial condition at any time from
such entity in addition to those specified in this Paragraph. For purposes of this Section,
36

references in 40 C.F.R. Part 264, Subpart H, to: (1) the terms "current closure cost estimate,"
"current post-closure cost estimate," and "current plugging and abandonment cost estimate"
include the Estimated Cost of the Work; (2) the phrase "the sum of the current closure and postclosure
cost estimates and the current plugging and abandonment cost estimates" includes the
sum of all environmental obligations (including obligations under CERCLA, RCRA, and any
other federal, state, or tribal environmental obligation) guaranteed by such company or for which
such company is otherwise financially obligated in addition to the Estimated Cost of the Work
under this Settlement; (3) the terms "owner" and "operator" include Respondents making a
demonstration or obtaining a guarantee under Paragraph 90.e or 90.f; and (4) the terms "facility"
and "hazardous waste management facility" include the Site.
93. Respondents shall diligently monitor the adequacy of the financial assurance. If
Respondents become aware of any information indicating that the financial assurance provided
under this Section is inadequate or otherwise no longer satisfies the requirements of this Section,
such Respondents shall notify EPA of such information within 7 days. If EPA determines that
the financial assurance provided under this Section is inadequate or otherwise no longer satisfies
the requirements of this Section, EPA will notify the affected Respondents of such
determination. Respondents shall, within 30 days after notifying EPA or receiving notice from
EPA under this Paragraph, secure and submit to EPA for approval a proposal for a revised or
alternative financial assurance mechanism that satisfies the requirements of this Section. EPA
may extend this deadline for such time as is reasonably necessary for the affected Respondent, in
the exercise of due diligence, to secure and submit to EPA a proposal for a revised or alternative
financial assurance mechanism, not to exceed 60 days. Respondents shall follow the procedures
of Paragraph 95 (Modification of Amount, Form, or Terms of Financial Assurance) in seeking
approval of, and submitting documentation for, the revised or alternative financial assurance
mechanism. Respondents' inability to secure and submit to EPA financial assurance in
accordance with this Section shall in no way excuse performance of any other requirements of
this Settlement, including, without limitation, the obligation of Respondents to complete the
Work in accordance with the terms of this Settlement.
94. Access to Financial Assurance.
a. If EPA issues a notice of implementation of a Work Takeover under
Paragraph 72.b, then, in accordance with any applicable financial assurance mechanism, EPA is
entitled to: (1) the performance of the Work; and/or (2) require that any funds guaranteed be paid
in accordance with Paragraph 94.d.
b. If EPA is notified by the issuer of a financial assurance mechanism that it
intends to cancel such mechanism, and Respondents fail to provide an alternative financial
assurance mechanism in accordance with this Section at least 30 days prior to the cancellation
date, the funds guaranteed under such mechanism must be paid prior to cancellation in
accordance with Paragraph 94.d.
c. If, upon issuance of a notice of implementation of a Work Takeover under
Paragraph 72, either: (1) EPA is unable for any reason to promptly secure the resources
37

guaranteed under any applicable financial assurance mechanism, whether in cash or in kind, to
continue and complete the Work; or (2) the financial assurance is provided under Paragraph 90.e
or 90.f, then EPA may demand an amount, as determined by EPA, sufficient to cover the cost of
the remaining Work to be performed. Respondents shall, within 30 days of such demand, pay the
amount demanded as directed by EPA.
d. Any amounts required to be paid under this Paragraph 94 shall be, as
directed by EPA: (i) paid to EPA in order to facilitate the completion of the Work by EPA or by
another person; or (ii) deposited into an interest-bearing account, established at a duly chartered
bank or trust company that is insured by the FDIC, in order to facilitate the completion of the
Work by another person. If payment is made to EPA, EPA may deposit the payment into the
EPA Hazardous Substance Superfund or into the Lower Duwamish Waterway Superfund Site
Special Account within the EPA Hazardous Substance Superfund to be retained and used to
conduct or finance response actions at or in connection with the Site, or to be transferred by EPA
to the EPA Hazardous Substance Superfund.
e. All EPA Work Takeover costs not paid under this Paragraph 94 must be
reimbursed as Future Response Costs under Section XIV (Payments for Response Costs).
95. Modification of Amount, Form, or Terms of Financial Assurance. Respondents
may submit, on any anniversary of the Effective Date or at any other time agreed to by the
Parties, a request to reduce the amount, or change the form or terms, of the financial assurance
mechanism. Any such request must be submitted to EPA in accordance with Paragraph 90, and
must include an estimate of the cost of the remaining Work, an explanation of the bases for the
cost calculation, and a description of the proposed changes, if any, to the form or terms of the
financial assurance. EPA will notify Respondents of their decision to accept or reject a requested
reduction or change pursuant to this Paragraph. Respondents may reduce the amount of the
financial assurance mechanism only in accordance with: (a) EPA's approval; or (b) if there is a
dispute, the agreement or written decision resolving such dispute under Section XV (Dispute
Resolution). Any decision made by EPA on a request submitted under this Paragraph to change
the form or terms of a financial assurance mechanism shall be made in EPA's sole and
unreviewable discretion, and such decision shall not be subject to challenge by Respondents
pursuant to the dispute resolution provisions of this Settlement or in any other forum. Within
30 days after receipt of EPA's approval of, or the agreement or decision resolving a dispute
relating to, the requested modifications pursuant to this Paragraph, Respondents shall submit to
EPA documentation of the reduced, revised, or alternative financial assurance mechanism in
accordance with Paragraph 90.
96. Release, Cancellation, or Discontinuation of Financial Assurance. Respondents
may release, cancel, or discontinue any financial assurance provided under this Section only: (a)
if EPA issues a Notice of Completion of Work under Section XXVIII (Notice of Completion of
Work); (b) in accordance with EPA's approval of such release, cancellation, or discontinuation;
or (c) if there is a dispute regarding the release, cancellation or discontinuance of any financial
assurance, in accordance with the agreement, final administrative decision, or final judicial
decision resolving such dispute under to Section XV (Dispute Resolution).
38

XXVI. MODIFICATION
97. Subject to Paragraph 100, the RPM/OSC may modify any plan or schedule or
SOW in writing or by oral direction. Any oral modification will be memorialized in writing by
EPA promptly, but shall have as its effective date the date of the RPM/OSC's oral direction.
Any other requirements of this Settlement may be modified in writing by mutual agreement of
the Parties.
98. If Respondents seek permission to deviate from any approved work plan or
schedule or the SOW, Respondents' Project Coordinator shall submit a written request to EPA
for approval outlining the proposed modification and its basis. Respondents may not proceed
with the requested deviation until receiving oral or written approval from the RPM/OSC
pursuant to Paragraph 971.
99. No informal advice, guidance, suggestion, or comment by the RPM/OSC or other
EPA representatives regarding any deliverable submitted by Respondents shall relieve
Respondents of their obligation to obtain any formal approval required by this Settlement, or to
comply with all requirements of this Settlement, unless it is formally modified.
XXVII. ADDITIONAL REMOVAL ACTION
100. Respondents or EPA may propose a modification to this Settlement or the SOW
to provide for additional required actions, potentially including a Non-Time-Critical Removal
Action or other removal action addressing hazardous substances at the facility. Such a
modification to this Settlement or its SOW shall be based on mutual agreement of the Parties in
written form. Upon signature of the Respondents and EPA, the agreed-upon modifications shall
be incorporated into and become an enforceable part of this Settlement. Any additional removal
actions undertaken under this Settlement shall conform to the applicable requirements of Section
VIII (Work to Be Performed) of this Settlement and all related plans shall be subject to EPA's
approval of the plan pursuant to Paragraph 18 (Work Plan and Implementation), and
Respondents shall implement the plan(s) for additional removal actions in accordance with the
provisions and schedule as approved by EPA. This Section does not alter or diminish the
RPM/OSC's authority to make oral modifications to any plan or schedule pursuant to Section
XXVI (Modification). This section does not alter of diminish Respondents' obligation to perform
response actions pursuant to Section XIII (Emergency Response and Notification of Releases) of
this Settlement.
XXVIII. NOTICE OF COMPLETION OF WORK
101. When EPA determines, after EPA's review of the Final Report, that all Work has
been fully performed in accordance with this Settlement, with the exception of any continuing
obligations required by this Settlement, including Post-Removal Site Controls; land, water, or
other use restrictions; payment of Future Response Costs, or record retention, EPA will provide
written notice to Respondents. If EPA determines that such Work has not been completed in
accordance with this Settlement, EPA will notify Respondents, provide a list of the deficiencies,
39

and require that Respondents modify the Removal Work Plan if appropriate in order to correct
such deficiencies. Respondents shall implement the modified and approved Removal Work Plan
and shall submit a modified Final Report in accordance with the EPA notice. Failure by
Respondents to implement the approved modified Removal Work Plan shall be a violation of this
Settlement.
XXIX. INTEGRATION/APPENDICES
102. This Settlement and its appendices constitute the final, complete, and exclusive
agreement and understanding among the Parties with respect to the settlement embodied in this
Settlement. The Parties acknowledge that there are no representations, agreements, or
understandings relating to the settlement other than those expressly contained in this Settlement.
The following appendices are attached to and incorporated into this Settlement:
"Appendix A" is the description and/or map of the Site.
"Appendix B" is the SOW.
XXX. EFFECTIVE DATE
103. This Settlement shall be effective on the date the Settlement is signed by the
Regional Administrator or his/her delegatee.

IT IS SO AGREED AND ORDERED:

U.S. ENVIRONMENTAL PROTECTION AGENCY:

_____________ _____________________________
Dated Calvin J. Terada
Director
Superfund and Emergency Management Division
Region 10, US EPA

Signature Page for Settlement Regarding Terminal 108, Lower Duwamish Waterway Superfund
Site, Seattle WA.

FOR PORT OF SEATTLE:

_____________ ___________________________________
Dated Stephen P. Metruck
Executive Director

Signature Page for Settlement Regarding Terminal 108, Lower Duwamish Waterway Superfund
Site, Seattle WA.

FORCITY OF SEATTLE:

_____________ ___________________________________
Dated Mami Hara
General Manager, Seattle Public Utilities

Signature Page for Settlement Regarding Terminal 108, Lower Duwamish Waterway Superfund
Site, Seattle WA.

FOR KING COUNTY:
_____________ ___________________________________
Dated Title Christie True, Director
Department of Natural Resources and Parks

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APPENDIX B STATEMENT OF WORK
Terminal 108
Lower Duwamish Waterway Superfund Site
Seattle, Washington
ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR
REMOVAL ACTION
ENGINEERING EVALUATION AND COST ANALYSIS

I. PURPOSE
This Statement of Work (SOW) is Appendix B to the Administrative Settlement Agreement and Order on
Consent (ASAOC or Settlement Agreement) for the Terminal-108 Site (T-108 Site or the Site), which is
within the Lower Duwamish Waterway (LDW) Superfund Site, EPA Docket No. CERCLA-10-2011-
0089. The SOW sets forth an outline of the requirements for the Removal Action Engineering Evaluation
and Cost Analysis (EE/CA).
In accordance with a previous ASAOC for Removal Action (U.S. EPA Docket No. 10-2018-0218) that
the Port of Seattle (Port) signed with the United States Environmental Protection Agency (EPA) on April
5, 2018, the Port submitted a Final Preliminary Assessment Report on February 5, 2019. The report
contains a comprehensive site history, an evaluation of site activities that may have resulted in releases at
or from the Site, an evaluation of all existing environmental data for the Site, and identification of data
gaps related to the Site history and current conditions. It also provides a summary of contaminants of
potential concern (COPCs) and a discussion of the potential contaminant sources and migration and
exposure pathways.
This SOW sets forth the tasks necessary to complete the EE/CA for this Site pursuant to this Settlement
Agreement. The primary objectives of the EE/CA are as follows:
Evaluate the adequacy of previously screened data, identify data gaps, and develop a sampling
plan and groundwater monitoring plan for any data gaps that need to be filled to characterize the
Site
Present a conceptual site model (CSM) that determines complete and incomplete contaminant
migration pathways and exposure pathways and evaluates receptors and exposure scenarios
Evaluate the potential human health and ecological risks posed by the Site COPCs for all
complete pathways and receptors through a streamlined risk evaluation
Evaluate the need for a removal action
Propose boundaries for any needed removal action, if appropriate
Identify removal action objectives and evaluate removal action alternatives for the Site, if
appropriate. The removal action objectives need to include addressing:
o direct contact exposure,
o control of contaminant sources from T-108 to the LDW, which includes prevention of
recontamination of LDW sediments; and,
o evaluation of potential recontamination of T-108 from the Adjacent Sites and vice versa.
Adjacent sites include the former Washington State Liquor Control Board facility, the
U.S. General Services Administration Federal Center South, and adjacent rights-of-way.

II. WORK TO BE PERFORMED BY RESPONDENTS
General Requirements:
Respondents shall conduct the EE/CA in accordance with and subject to the terms of the Settlement
Agreement and consistent with the removal action requirements at 40 CFR 300.415, EPA's Guidance on
Conducting Non-Time Critical Removal Actions Under CERCLA (EPA 1993), and other published EPA
policy and guidance for conducting removal actions.
A list of the major deliverables and a schedule for their submittal is attached (Attachment 1). Consistent
with the Settlement Agreement, all deliverables required by the Settlement Agreement or this SOW shall
be subject to EPA review and approval. Respondents shall complete the following four tasks:
1) EE/CA Work Plan
a) Quality Assurance Project Plan
b) Health and Safety Plan
c) Groundwater Monitoring Plan
2) Work Plan Implementation
3) EE/CA
4) Community Involvement Activities
SOW Tasks
Task 1. EE/CA Work Plan
Respondents shall submit a Draft and Final EE/CA Work Plan and its appendices, unless otherwise
approved by EPA.
The EE/CA Work Plan shall include a conceptual site model (CSM) and data gaps analysis. The data gaps
analysis shall include, but not be limited to, data gaps related to: the sufficiency of the existing data to
characterize contamination sources; identification of extent of contamination and migration pathways to
the Upland, Bank, LDW Sediments, or Adjacent Sites; identification of exposure pathways and risk; and
evaluation of the need for a removal action and, if warranted, removal action alternatives. The EE/CA
Work Plan shall include a plan for additional data collection based on the data gaps analysis. The Work
Plan shall provide a summary of existing data from the T-108 Preliminary Assessment Report and any
relevant recent LDW data, including chemical and physical data in soil, sediment, biota, and groundwater,
and shall identify preliminary data gaps relative to assessing the potential for recontamination of the
LDW including the Duwamish Diagonal Early Action Area.
The data gaps analysis shall consider the completeness of existing data and the significance of the
exposure pathways to be evaluated. The CSM shall include pathways evaluated in the LDW Human
Health Risk Assessment and shall consider the Environmental Cleanup Best Management Practices:
Effective Use of the Project Life Cycle Conceptual Site Model, EPA 542-F-11-011, July 2011. The data

gaps analysis shall specifically address whether existing site characterization data (considering all media
and Model Toxics Control Act (MTCA), LDW COCs, and other contaminants relevant to T-108 as
directed by EPA) are adequate to support preparation of an EE/CA and implementation of any selected
removal action. The data gap analysis shall determine if sufficient data is available to conduct a
streamlined human health risk evaluation and evaluate the potential for recontamination of sediments at
concentrations exceeding LDW clean up levels (CULs) and remedial action levels (RALs), (LDW ROD
Tables 19, 20, 27 and 28). Risks from human consumption of seafood and sediment direct contact have
been assessed in the LDW ROD and actions needed to address those risks are decided in the LDW ROD
and ongoing remedial design. Further assessment of those risks is not required for the T-108 streamlined
risk evaluation.
The CSM shall include sources of contamination to the T-108 Site and areas where contamination from
the T-108 Site may come to be located. Existing data for the T-108 Site extends 6 to 20 feet below ground
surface only. The CSM shall consider contamination and groundwater migration to LDW surface water
and sediments.
The Work Plan shall include a schedule for project activities, including field sample collection efforts,
laboratory testing and data validation and reporting.
The EE/CA Work Plan shall include the following appendices to support EE/CA data collection activities:
Quality Assurance Project Plan (QAPP), Health and Safety Plan, and Groundwater Monitoring Plan. The
Draft EE/CA Work Plan shall be submitted to EPA for review first and the appendices will be submitted
to EPA 45 days following receipt of EPA comments on the Draft EE/CA Work Plan.
Task 1a. Quality Assurance Project Pan
Respondents shall develop a project-specific QAPP for sample analysis and data handling for any samples
collected at T-108 in accordance with Paragraph 21 of the Settlement Agreement, this SOW, and EPA
guidance. The QAPP will be prepared in accordance with "EPA Requirements for Quality Assurance
Project Plans (QA/R-5)" (EPA/240/8-01/003, March 2001) and "Guidance on Quality Assurance Project
Plans (QA/G-5)" (EP A/240/R-02/009, December 2002). The QAPP will ensure that sample collection
and analytical activities are conducted in accordance with the Puget Sound Estuary Program protocols,
where appropriate.
In addition, the QAPP shall clarify the following requirements:
The QAPP will define in detail the sampling and data-gathering methods that will be used on the
project for each media. It will include sampling objectives and data quality objectives (DQOs), a
detailed description of sampling activities, sample locations, sample analysis, sampling
equipment and procedures, sampling schedule, station positioning, and sample handling (e.g.,
sample containers and labels, sample preservation, sample compositing). The QAPP will also
describe the quality assurance and quality control (QA/QC) protocols necessary to achieve
required DQOs and the points where EPA approval is required.
All sampling and analyses performed pursuant to this Settlement Agreement shall conform to
EPA direction, approval and guidance regarding sampling, QA/QC, data validation, and chain-ofcustody
procedures. Respondents shall ensure that the laboratory used to perform the analyses
participates in a QA/QC program that complies with the appropriate EPA guidance, such as "EPA
Requirements for Quality Management Plans (QA/R-2)" (EPA/240/B-0 1-002, March 2001) or
equivalent documentation as determined by EPA and be accredited by the Washington State
Department of Ecology (or equivalent) for the analyses to be performed. Respondents will

provide assurances that EPA has access to laboratory personnel, equipment and records for
sample collection, transportation. and analysis.
Upon request by EPA, Respondents shall have such a laboratory analyze samples submitted by
EPA for quality-assurance monitoring. Respondents agree that EPA personnel may audit any
laboratory that performs analytical work under this Settlement Agreement. Prior to awarding any
work to an analytical laboratory, Respondents will inform the laboratory that an audit may be
performed, and that the laboratory agrees to coordinate with EPA on the audit prior to performing
analyses.
Respondents shall provide to EPA the QA/QC procedures followed by all sampling teams and
laboratories performing data collection and/or analysis.
Upon request by EPA, Respondents shall allow EPA or its authorized representatives to take split
and/or duplicate samples. Respondents shall notify EPA not less than 7 days in advance of any
sample collection activity, unless shorter notice is agreed to by EPA. In the event that the
sampling design specified in the QAPP cannot be met in the field due to unexpected conditions or
circumstances, the Respondents shall consult with EPA and EPA shall have the right to take or to
require any additional samples that EPA deems necessary during the sampling event to ensure
adequate data are collected to support drafting the EE/CA. Upon request, EPA shall allow
Respondents to take split or duplicate samples of any samples it takes as part of its oversight of
Respondents' implementation of the Work.
All analytical data collected under this Settlement Agreement shall be provided electronically to
EPA and Ecology, uploaded into SCRIBE, and uploaded into EIM.
Task 1b. Health and Safety Plan
The Health and Safety Plan shall be completed in accordance with Paragraph 20 of the Settlement
Agreement.
Task 1c. Groundwater Monitoring Plan
Respondents shall submit to EPA for review and approval a Draft and Final Groundwater Monitoring
Plan for T-108 following the Guidelines for Groundwater Monitoring below, unless otherwise approved
by EPA. The objectives of the groundwater monitoring are to:
Determine if groundwater entering T-108 from the Adjacent Sites contains contaminants at levels
that have the potential to recontaminate T-108 (soil/banks and groundwater).
Determine if groundwater at T-108 contains contaminants above sediment or surface water
ARARs or risk-based levels, or levels that may impact LDW sediments at levels exceeding the
CULS or RALs identified in the LDW ROD.
The CSM/Data Gaps Analysis in the EE/CA Work Plan will review the sufficiency of current data and the
plan to fill any data gaps. If additional borings, sediment samples, seep samples, or ground water
monitoring is needed, the Groundwater Monitoring section of the QAPP shall include a conceptual site
model in accordance with EPA guidance, DQOs, and a detailed description of the monitoring well
installation, sampling, and analysis.
The Monitoring Plan will identify the statistics that will be used with the data collected and the
formulated monitoring decision rules, for example EPA's Groundwater Statistics Tool User's Guide
(September 2018).
Groundwater monitoring shall include analysis for Site COPCs and any other contaminants EPA
considers of potential concern. Analytical detection limits shall allow for comparison of results to
4

applicable performance criteria, including the Washington State Sediment Management Standards or
Washington State Water Quality Standards at a minimum. Respondents may request that EPA approve a
reduction in the analyte list upon demonstration that certain analytes are not of concern at specific
monitoring locations or throughout the Site. Respondents may also request that EPA approve a reduction
in monitoring frequency after completion of one (1) year of groundwater monitoring.
For the first groundwater monitoring event, a Draft and Final Data Package will be submitted for EPA
review. For each subsequent groundwater monitoring event, a Draft and Final Data Report will be
submitted to EPA for review. A Data Package includes the laboratories data reports, which includes the
results, lab qualifiers, and associated QA/QC data and the data validation report. A Data Report includes
a summary of the analytical results and does not include the Data Package materials. All groundwater
analytical data shall be provided electronically to EPA and Ecology, uploaded into SCRIBE, and
uploaded into EIM.
Task 2. Work Plan Implementation
Field work shall be initiated and performed in accordance with the approved Work Plan schedule and
appendices. After the initial round of sampling and analysis for all media except groundwater,
Respondents shall submit a Draft Data Package for all media except groundwater for EPA review to
determine if the QAPP has been fully implemented and if there are any additional data needs. If there are
additional data needs, a QAPP addendum may be required. All investigation results will be summarized
and reported in the EE/CA.
Task 3. EE/CA
Respondents shall submit a Draft, Draft Final, and Final EE/CA which assess the need for a removal
action and, if warranted, provide a recommended removal action alternative(s) for the Site and the
information listed below, unless otherwise approved by EPA. The Draft Final EE/CA will be released for
public comment. EPA will review public comments received and provide direction to Respondents.
Respondents shall revise the EE/CA in response to EPA direction, and submit a Final EE/CA to EPA for
approval.
The Final EE/CA report submittal shall be stamped by a professional engineer licensed in the State of
Washington. The final report shall include data summary tables, plus appendices with complete data,
validation reports, chain of custody, etc. The final report, including analytical data and graphics, shall be
provided electronically, in native format and web-ready pdf, to EPA. The report shall comply with EPA's
Guidance on Conducting Non-Time Critical Removal Actions Under CERCLA (EPA 1993) and shall
provide as a minimum the following items.
EE/CA Outline
Executive Summary
Site Characterization
o Site description and background
o Previous removal actions
o Source, nature, and extent of contamination
o Conceptual Site Model
o Analytical data
o Streamlined risk evaluation
o Identification of applicable or relevant and appropriate requirements (ARARs)
Assessment and Need for Removal Action and Identification of Removal Action Objectives
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o Statutory limits on removal actions
o Determination of removal action and preliminary scope
o Determination of removal schedule
Identification and Analysis of Removal Action Alternatives
o Effectiveness
o Implementability
o Cost
Comparative Analysis of Removal Action Alternatives
Recommended Removal Action Alternative including description and rational
Task 4 -Community Involvement Activities
In accordance with Paragraph 22 of the Settlement Agreement, as requested by EPA, Respondents shall
provide information supporting EPA's community involvement programs related to the Work performed
pursuant to this Settlement Agreement and shall participate in public meetings that may be held or
sponsored by EPA to discuss activities concerning this Work. Respondents shall coordinate with EPA on
any other community involvement activities they undertake related to the Work.

III. SUMMARY OF MAJOR DELIVERABLES/SCHEDULE OF ACTIVITIES
The schedule for activities and submission to EPA of deliverables described in the SOW is presented in
Attachment 1, unless otherwise approved by EPA in the schedule provided in the EE/CA Work Plan.

ATTACHMENT 1 -- SCHEDULE

"Day" is calendar day. If the date for submission of any item or notification required by this SOW occurs
on a weekend or state or federal holiday, the date for submission of that item or notification is extended to
the next working day following the weekend or holiday.

# Activity/Submission Due Date
Consultant Contract Notice to 180 days after Effective Date
Proceed (NTP)
Task 1 1.1 Draft EE/CA Work Plan 1.1 Within 90 days after Consultant NTP
EE/CA Work 1.2 Draft EE/CA Work Plan 1.2 Within 45 days after receipt of EPA
Plan Appendices: Draft QAPP, Draft comments on the Draft EE/CA Work Plan
Health and Safety Plan, Draft
Groundwater Monitoring Plan
1.3 Final EE/CA Work Plan with 1.3 Within 30 days after receipt of EPA
Final Appendices comments on Draft EE/CA Work Plan
Appendices
Task 2 2.1 Initiate Field Investigations 2.1 Within 30 days after EPA approval of
Final EE/CA Work Plan and Appendices
Work Plan
Implementation 2.2 Draft Data Package for all media 2.2 Within 100 days after the last field event
except groundwater for all media except groundwater
2.3 Groundwater Monitoring Well 2.3 Within 30 days after EPA approval of
Installation Groundwater Monitoring Plan and QAPP
2.4 Groundwater Monitoring First 2.4 No earlier than 5 days after last Well
Event Implementation Installation
2.5 Groundwater Monitoring First 2.5 Within 60 days after monitoring event.
Event Draft Data Package and Draft
Groundwater Monitoring Well
Installation Report
2.6 Groundwater Monitoring First 2.6 Within 14 days after receipt of EPA
Event Final Data Package and Final comments on Draft Data Package and Draft
Groundwater Monitoring Well Groundwater Monitoring Well Installation
Installation Report Report

2.7 Groundwater Monitoring 2.7 Quarterly for total of two years
Subsequent Events
2.8 Groundwater Monitoring 2.8 Within 60 days after monitoring event
Subsequent Draft Data Reports
2.9 Groundwater Monitoring 2.9 Within 14 days after receipt of EPA
Subsequent Final Data Reports comments on Draft Data Reports
2.10 Draft QAPP Addendum for any 2.10 Within 60 days after EPA review of
necessary additional field Draft Data Package for all media except
investigations for all media except groundwater
groundwater, if required after EPA
review of Draft Data Package
2.11 Initiate any necessary additional 2.11 Within 30 days after EPA approval of
field investigations for all media QAPP Addendum
except groundwater, if required after
EPA review of Draft Data Package
2.12 Complete Field Investigations 2.12 Within 60 days after initiation of field
work for all media except groundwater
(unless additional sampling is required),
within 2 years for groundwater monitoring or
per schedule in EPA-approved Final EE/CA
Work Plan for expressly identified field
work completion dates
Task 3 3.1 Draft EE/CA 3.1 Within 75 days after final quarter of
groundwater monitoring
Engineering
Evaluation/Cost 3.2 Draft Final EE/CA (for 30-day 3.2 Within 30 days after receipt of EPA
Analysis public comment) comments on Draft EE/CA
(EE/CA)

3.3 Final EE/CA 3.3 Within 30 days after receipt of public
comments and responsiveness summary
from EPA.
Task 4 Throughout the process
Community
Involvement
Activities

Guidelines for Groundwater Monitoring
The Groundwater Monitoring section of the QAPP will, at a minimum, provide for the following:
(1) A monitoring well network and plans for groundwater monitoring will be designed to establish a
baseline of Site contamination in site groundwater. The Groundwater Monitoring section of the QAPP
will specify the network design and the installation procedures to be used. The groundwater monitoring
will be at a frequency and over a time period to provide representative groundwater samples sufficient for
assessment of the sources, fate, and transport, and for monitoring the effectiveness of any removal actions
to be taken.
(2) The groundwater conceptual site model will be included as part of the site CSM required under the
EE/CA Work Plan The conceptual site model will be periodically updated as appropriate based on new
information and will be included in the EE/CA Report.
(3) As the wells are drilled, the soil borings will be logged by a qualified, state-registered geologist.
Respondents will submit the credentials of the qualified, state registered geologist to EPA. The
Groundwater Monitoring section of the QAPP will document the procedures to be used in making the
above determinations (e.g., well design, well construction, etc.).
(4) Lithologic descriptions will include, but not be limited to, items such as grain size and sorting,
depositional environment, and description according to the Unified Soil Classification System.
(5) The monitoring well data will enable development of a baseline of COPC concentrations in the aquifer
against which progress in addressing contamination can be measured. Well locations must be sufficient to
meet EPA approved QAPP.
(6) The shallow monitoring wells must have screens that allow sampling of the uppermost zone of the
surficial aquifer and capture the full range of water surface elevations in the area to be monitored. For
each shallow well, the well screen length will be determined at the time of monitoring well installation.
The deep monitoring wells will have five-foot screens unless the Respondents propose and EPA approves
an alternative approach.
(7) The wells will be monitored on at least a quarterly basis. Monitoring will include all field parameters
(temperature, pH, turbidity, depth to water, water elevation, etc.), and the Site COPCs. Monitoring will
continue for a period of 2 years (i.e., 8 rounds) from the date of the first sampling event.
(8) After a year of monitoring, at the EPA's discretion, frequency and parameters for subsequent
sampling events may be reduced.
(9) Pressure transducers with data loggers will be installed in wells (selection of appropriate location and
number of wells will be determined by EPA) within the boundary of the Site to measure tidal fluctuations
in the water table. Measurements from these instruments will be collected once a week until the EPA
determines that these measurements may cease unless the Respondents propose and EPA approves an
alternative approach.
(10) No earlier than 5 days after last well installation, Respondents will commence groundwater
sampling. Data to be collected will include the date, time and location of sampling, environmental
conditions during sampling, media sampled, field parameters, contaminant concentrations, and the
identity of the individuals performing the sampling and analysis.

(11) Respondents will collect information sufficient to support submission of well construction and
lithologic logs in the Groundwater Monitoring Well Installation Report (appended to the EE/CA).
(12) Description of well development methods and procedures. Respondents will use the method in the
Monitoring Well Development Guidelines for Superfund Project Managers, April 1992, unless
Respondents propose and EPA approves an alternative method.
(13) Respondents will complete a land survey of the all well locations and elevations to be performed by a
Washington State licensed professional land surveyor. Wells will be surveyed using, or existing well
elevations converted to, the National Geodetic Vertical Datum (NGVD), 1929, or updated to North
American Vertical Datum of 1988 (NAVD88) to an accuracy of within 0.01 feet. Horizontal surveying
accuracy will be within 1.0 foot and must include the Washington State Coordinate System of each
location. The table which provides these data must reference the datum used for all measurements.
Additional Regional guidance on constructing maps and formatting tabulated data will be provided by the
EPA.
(14) The QAPP will include plans for a multi-day 24-hour tidal study incorporating site wells with
transducers at different locations, including upland and close to the shoreline. The study should consist of
monitoring the wells with transducers and incorporating the interpretation of the data obtained into the
CSM in the EE/CA. The Groundwater Monitoring Plan may need to be updated based on the results of
the tidal study at the EPA's discretion.
(15) The Groundwater Monitoring section of the QAPP will specify the outline and format for the
Groundwater Monitoring Well Installation Report.

Groundwater Monitoring Well Installation Report
The Groundwater Monitoring Well Installation Report will include, at a minimum, the following
information for all groundwater monitoring wells used to meet the DQOs in the EPA approved QAPP and
to meet the Monitoring Well Development Guidelines for Superfund Project Managers (April 1992):
a. A description and map showing all well locations, including each well's surveyed surface reference
point and vertical reference point elevation surveyed by a Washington State licensed surveyor.
b. A base map to identify the groundwater monitoring locations in reference to potential contaminant
sources or source areas. Base maps prepared from aerial photographs must reference: source of the
photograph, date, north arrow, scale, altitude, name, photograph number or identification code, photo
provider, camera calibration, etc. Image maps should be based on orthorectified or geo-registered
imagery.
c. Site maps must show the locations of major features such as structures (buildings, tanks, lagoons, etc.),
natural features, monitoring wells, other sampling locations, major surface topography characteristics,
spill areas, discharge points (pipes, culverts, weirs, etc.), scale, roads (including names), property and
fence lines, etc. They must also include the base map reference, date of latest revision, project name and
number, site location, north arrow, scale, and legend with the appropriate information depicted on the
map.
d. The boring and casing diameter and depth of each well; description of well intake design, including
screen slot type, size and length, depth of screen, filter pack materials, and method of filter pack
emplacement.
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e. As-built descriptions of the well casing and screen materials. Well construction materials will be
chosen based on parameters to be monitored, and the nature of contaminants that could potentially exist
and migrate at or from the Site. Well materials will: (1) minimize the potential of adsorption of
constituents from the samples, and (2) not be a source of sample contamination. Wells will be constructed
for the purpose of long-term monitoring in accordance with all applicable federal, state, and local laws.
f. Documentation of methods used to seal the well from the surface to prevent infiltration of water into the
well and downward migration of contaminants through the well annulus.
g. Description of well development methods and procedures, including volume purged and parameter
measurements.
h. Documentation that all boring, well installation, and well abandonment procedures comply with all
applicable federal, state, and local laws, and were conducted by a well driller licensed in the State of
Washington.

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