COMMISSION
AGENDA MEMORANDUM
Item No.
ACTION ITEM
Date of Meeting
8h
September 10, 2024
DATE:
August 19, 2024
TO:
Stephen P. Metruck, Executive Director
FROM:
Elizabeth Black, Deputy General Counsel
Sarah Cox, Director of Aviation Environmental and Sustainability
SUBJECT: Authorization to Execute Settlement Agreement with Highline Water District
Amount of this request:
$6,765,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to execute a settlement agreement
with Highline Water District (HWD), paying $6.765 million in exchange for HWD's decommissioning
of its Tyee Well, which is located on Port of Seattle property.
EXECUTIVE SUMMARY
The Tyee Well is located on Port property at the southern end of Seattle-Tacoma International Airport
("SEA") near the former Tyee Golf Course. In 2022, through routine testing HWD identified a
contaminant compound known as PFNA in concentrations above the Washington State Department
of Health State Action Level. No exceedances were identified in any of HWD's other wells.
In response to the exceedance at the Tyee Well, HWD ceased drawing water from the Tyee Well,
purchased supplemental water from Seattle Public Utilities to replace the supply form the Tyee Well,
and requested compensation from the Port on the assertion that SEA was a potential source of the
PFNA. HWD did not identify any injury to human health as a result of the exceedance, and all
potentially impacted customers were promptly notified of the exceedance. The Tyee Well was HWD's
least producing water source contributing approximately 4.5% of HWD's annual water production in
a very limited geographic area near the Well. It was insufficient to meet overall water demand and
its water was blended with water purchases from Seattle Public Utilities as well as other Districtoperated wells and treatment plants.
Under the proposed agreement, the Port will compensate HWD $6.765 million based on the assumed
remaining 22-year useful life of the Tyee Well. In exchange, HWD will agree to decommission the
Tyee Well and release its potential claims against the Port.
This matter was further discussed in privileged attorney-client communications. There are no
attachments to this memo.
Template revised January 10, 2019.