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Lower Duwamish Waterway Group
Memorandum of Agreement
Eighth Amendment
THIS EIGHTH AMENDMENT to the Lower Duwamish Waterway Group Memorandum
of
Agreement (“MOA”), dated June 9, 2000, is made and entered into by and among the
Port of
Seattle (“Port”), City of Seattle (“City”), King County (“County”), and The Boeing
Company (“Boeing”), collectively referred to as the
“Lower Duwamish Waterway Group” or
“LDWG” and individually as “Member” or “Members.”
This Eighth Amendment to the MOA (“Eighth Amendment”) provides the
Members’ agreement to pay costs associated with certain additional work for addressing
carcinogenic polycyclic aromatic hydrocarbons (cPAHs) (“cPAH Additional Work,” as
defined below) for the in-water portion of the Lower Duwamish Waterway (“LDW”)
Superfund Site (“Site”) pursuant to cPAH remedy standards as set forth in the U.S.
Environmental Protection Agency’s (“EPA’s”) 2014 Site Record of Decision (“ROD”),
notwithstanding EPA’s amendment of those ROD standards in its 2021 Explanation of
Significant Differences (“ESD”).
All terms and provisions in the MOA remain in effect, except as expressly
supplemented herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the LDWG Members mutually
agree and covenant as follows:
1.
Definitions for the purpose of this Eighth Amendment
1.1
Post-ESD EPA-Required Work
“Post-ESD EPA-Required Work” shall mean the “response” actions and/or
“remedial actions” (within the meaning of CERCLA and MTCA) that the
Members are required to perform to implement the Fourth and Fifth
Amendments to the 2000 Administrative Order on Consent (“AOC”) with EPA,
after the remedy changes set forth in the
2021 ESD for cPAHs.
1.2
cPAH Additional Work
“cPAH Additional Work” shall mean the additional work to investigate, and
incorporate into remedial design for the Middle and Upper Reaches of the
LDW, cPAHs that are present at concentrations between the remedial action
levels (“RALs”) in EPA’s 2014 ROD and the RALs in EPA’s 2021 ESD.
1.3
cPAH Additional Shared Costs
“cPAH Additional Shared Costs” shall mean the costs, shared by the Members
(as set forth below) to perform cPAH Additional Work, and includes any EPA
oversight costs associated with cPAH Additional Work. The Members hereby
Item No. 8r_attach_1
Meeting Date: March 8, 2022
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agree that cPAH Additional Shared Costs began with (but are not limited to)
costs incurred to implement the directive set forth in the November 5, 2021,
email from Debra Williston (King County) to Tom Wang (Anchor QEA) and Kathy
Godtfredsen (Windward Environmental) for AnchorQEA/Windward
Environmental to develop a memorandum outlining what Pre-Design
Investigation archive samples would be analyzed to address cPAHs based on
the 2014 Site ROD remedial action levels.
2.
Payment of Post-ESD Additional Shared Costs
2.1
Each Member shall pay one fourth of cPAH Additional Shared Costs.
2.2
The Members agree that cPAH Additional Shared Costs will be
calculated and recorded separately from costs for Post-ESD EPA-
Required Work.
2.3
Billing and Administration. The Members hereby agree that the
provisions of Sections 3.3 (“Procedure for Payments”) of the Sixth and
Seventh Amendments to this MOA regarding costs to implement the
Fourth and Fifth Amendments to the AOC shall apply to cPAH Additional
Shared Costs.
2.4
The County and City as lead LDWG Members under the Sixth and
Seventh Amendments to this MOA shall coordinate and seek to ensure
that EPA separately records time and costs associated with LDWG’s
implementation of cPAH Additional Work.
3.
Counterparts
This Eighth Amendment to the LDWG MOA may be executed in counterparts, each of
which
shall be deemed an original but all of which shall constitute one.
4.
Effective Date
This
Eighth
Amendment shall become effective when all Members have signed it.
IN WITNESS WHEREOF, the Members hereby enter into this Eighth
Amendment
. Each
person signing this
Eighth
Amendment represents and warrants that he or she has been
duly authorized to enter into this
Eighth
Amendment by the corporation or municipality
on whose behalf it is indicated that the person is signing.
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PORT OF SEATTLE KING COUNTY
____________________ ____________________
Date: _______________ Date: _______________
CITY OF SEATTLE THE BOEING COMPANY
____________________ ____________________
Date: _______________ Date: _______________
