Template revised April 12, 2018.
COMMISSION
AGENDA MEMORANDUM
Item No.
6f
ACTION ITEM
Date of Meeting
June 12, 2018
DATE: March 22, 2018
TO: Stephen P. Metruck, Executive Director
FROM: Kathy Bahnick, Senior Manager, Remediation Programs
Joanna Florer, Senior Environmental Program Manager
SUBJECT: Begin cleanup design of the Lower Duwamish Waterway
Amount of this request:
$0
Total estimated project cost:
$3,750,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to: (1) execute a Fourth
Amendment to the Administrative Order on Consent with the U.S. Environmental Protection
Agency for the Lower Duwamish Waterway Superfund Site; and (2) execute a Sixth Amendment
to the Lower Duwamish Waterway Group Memorandum of Agreement to contract for and
perform cleanup design of the upper third of the waterway. The estimated cost is
approximately $15,000,000, split equally between the four parties.
EXECUTIVE SUMMARY
The purpose of this fourth amendment to the Administrative Order on Consent (Order) is to
begin the design of the cleanup work for the Site. Since 2001, the Port, the City of Seattle, King
County, and The Boeing Company (referred to as the Lower Duwamish Waterway Group, or
LDWG) have been working under an agreement with the U.S. Environmental Protection Agency
(EPA) to perform cleanup investigation activities for the Lower Duwamish Waterway (LDW)
Superfund Site (Site).
LDWG completed the Remedial Investigation/Feasibility Study, a fisher study and a carbon
amendment pilot study under the original Order and two subsequent amendments. LDWG has
nearly completed the pre-design study under the third amendment to the Order. The next
phase of work contemplated in this new amendment to the Order will be to complete remedial
design for the upper third of the waterway in order to advance implementation of the selected
remedy for the LDW. This work will include studies to delineate the location of the different
cleanup approaches, development of the engineering design drawings and specifications, and
continuing fish tissue and water monitoring. The Port anticipates continued participation, along
with the other LDWG partners, in this initial remedial design work that must be completed prior
to implementation of the LDW site cleanup.
COMMISSION AGENDA – Action Item No. 6f Page 2 of 5
Meeting Date: June 12, 2018
Template revised September 22, 2016; format updates October 19, 2016.
No funding is requested at this time. Funds to perform the Port’s share of this work will
continue to be included in the Environmental Remediation Liability annual authorization.
The Memorandum of Agreement (MOA) amendment identifies the contracting and cost sharing
arrangement for this work. The amendment of the MOA between the LDWG parties is to
address how the LDWG parties will contract for the design and studies requested by the EPA,
and share the cost of this work and the agency oversight costs.
JUSTIFICATION
This work supports the Century Agenda goal of being the greenest, most energy efficient Port in
North America by moving toward cleanup of the Lower Duwamish Waterway. Meeting our LDW
Superfund obligation is a critical component of the Green Gateway strategy of meeting our
legal obligations as efficiently and effectively as possible. It also supports the emerging strategic
focus on social equity by moving the cleanup forward for a site located on the shores of two
environmental justice communities, South Park and Georgetown.
Addressing unacceptable levels of environmental risk caused by the presence of contaminants
in soil, groundwater, and sediment is not only the goal of numerous state and federal laws; it
reflects our commitment to environmental stewardship, from the perspectives of both the
surrounding communities and the customers that we serve. Beginning the design is a critical
step in moving towards a cleanup for the LDW that is capable of implementation.
The local communities (South Park and Georgetown) are actively watching and commenting on
this cleanup project and are eager to see the Site cleanup continue to move forward.
DETAILS
The Statement of Work detailed in the fourth amendment to the Order requires that LDWG
perform remedial design tasks for the upper third of the waterway from river mile 3.0 to 5.0.
Source control work continues and is expected to be complete for the upper third of the river
prior to construction being initiated.
Scope of Work
As presented in the Statement of Work attached to the fourth amendment to the Order, LDWG
will perform the following tasks:
1. Design of the cleanup for the upper third of the LDW
2. Ongoing monitoring of site conditions
COMMISSION AGENDA – Action Item No. 6f Page 3 of 5
Meeting Date: June 12, 2018
Template revised September 22, 2016; format updates October 19, 2016.
a. Water quality
b. Fish and crab tissue
3. Continued funding for development of the Institutional Control Plan for seafood
consumption, aimed at educating local fisherpeople on safe resident seafood
consumption.
Schedule
The schedule of the required work is based on the Statement of Work attached to the fourth
amendment to the Order.
Activity Estimated Schedule
Commission authorization of Order
Contracting
Begin Design process for the upper third
Cost Breakdown
Estimated Total
Project (Port Share)
Design of upper third
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Do not authorize entering into either Amendment
Cost Implications: $0 at this time, but comes with certain risks.
Pros:
(1) Could delay the spending on this work until a later date, if the Port does not enter into
the Order amendment but the other LDWG partners do.
Cons:
(1) Could result in EPA imposing a unilateral enforcement order requiring the Port and/or
LDWG and/or a collection of other parties including the Port to perform the work.
(2) Could result in other parties, including the LDWG parties, potentially left responsible to
perform the work and later bringing a claim for contribution against the Port.
(3) Would impact the Port’s ability to influence the extent and design of the work
performed.
(4) Would not move the cleanup of the LDW forward in an expeditious fashion.
(5) Would not be consistent with the values of the Port.
(6) Not performing this work could tarnish the Port’s reputation with EPA and the
community as having a commitment to public health and being a steward of community
resources and the environment.
This is not the recommended alternative.
COMMISSION AGENDA – Action Item No. 6f Page 4 of 5
Meeting Date: June 12, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Alternative 2 – Authorize entering into both Amendments
Cost Implications: Approximately $3,750,000 (25 percent of $15 million).
Pros:
(1) Ensures compliance and continued cooperation with EPA.
(2) Enables progress toward the ultimate cleanup.
(3) Continues current working relationship among the LDWG partners and continues cost
sharing for the required additional studies and agency oversight.
(4) Demonstrates the Port’s commitment to public health and being a responsible
steward of community resources and the environment.
Cons:
(1) Costs of approximately $3,750,000 by the Port to complete the Order’s Statement of
Work.
This is the recommended alternative.
FINANCIAL IMPLICATIONS
There is no funding request as part of this authorization. Funding for the associated scope of
work and costs is included in the annual Environmental Remedial Liability (ERL) authorization.
Under the MOA amendment covering this work, the costs would be shared with our LDWG
partners. Port costs may also be eligible for insurance reimbursement and/or state grant
recovery.
Cost Estimate/Authorization Summary
Capital
Expense
Total
COST ESTIMATE
Original estimate
$0
$3,750,0000
$3,750,0000
AUTHORIZATION
Previous authorizations (by ERL)
0
$3,750,0000
$3,750,0000
Current request for authorization
0
0
0
Total authorizations, including this request
0
0
0
Remaining amount to be authorized
$0
$0
$0
ATTACHMENTS TO THIS REQUEST
(1) Presentation Slides
(2) Fourth Amendment to the Administrative Order on Consent for Remedial
Investigation/Feasibility Study for the Lower Duwamish
(3) Sixth Amendment to the Lower Duwamish Waterway Group Memorandum of
Agreement
COMMISSION AGENDA – Action Item No. 6f Page 5 of 5
Meeting Date: June 12, 2018
Template revised September 22, 2016; format updates October 19, 2016.
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
• November 6, 2017 – The Commission authorized spending environmental remediation
liabilities funds for 2018 in the amount of $19,800,000 and a five-year plan of
$88,800,000 for Environmental Remediation Liability Program for 2018-2022 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2018 to be
spent in future years.
• April 12, 2016 - Third Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Fourth Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement
• July 1, 2014 – Second Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Second Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement
• February 26, 2013 – First Amendment to the Lower Duwamish Waterway Group
Administrative Order on Consent
• January 22, 2013 – First Amendment to the Lower Duwamish Waterway Group
Memorandum of Agreement
• October 12, 2010 – Briefing on the Lower Duwamish Waterway Feasibility Study
• May 5, 2009 – Briefing on the Lower Duwamish Waterway Feasibility Study
• November 4, 2008 – Briefing on the Lower Duwamish Waterway Remedial Investigation
and Feasibility Study
• November 6, 2007 – Briefing on Lower Duwamish Sediment Superfund Site