COMMISSION
AGENDA MEMORANDUM

Item No.

ACTION ITEM

Date of Meeting

DATE :

August 26, 2025

TO:

Stephen P. Metruck, Executive Director

FROM:

Sarah Ogier, Director-Maritime Environment & Sustainability

8h
September 9, 2025

Joanna Florer, Sr. Manager, Environmental Programs
Brick Spangler, Sr. Program Manager, Maritime Environment & Sustainability
SUBJECT: East Waterway Remedial Design Order and Memorandum of Agreement with City
of Seattle and King County
Amount of this request:
Source of Funds:

$0
ERL Non Ops

Total estimated project cost:

$30,000,000

ACTION REQUESTED
Request Commission authorization for the Executive Director to (1) sign and execute an EPA
Administrative Settlement Agreement and Order on Consent requiring the Port of Seattle, City of
Seattle, and King County to perform remedial design for the East Waterway Operable Unit of the
Harbor Island Superfund Site; and (2) to sign a Potential Responsible Party (PRP) Cost Sharing
Agreement between the Port of Seattle, City of Seattle, and King County to share the costs to
perform the scope of work required by EPA's Order including EPA oversight costs.
EXECUTIVE SUMMARY
Sediment in the East Waterway contain contaminants that include polychlorinated biphenyls
(PCBs), arsenic, dioxins/furans and carcinogenic polycyclic aromatic hydrocarbons (cPAHs) that
pose risk to human health and the environment and need to be addressed. The East Waterway
Group (EWG), comprising the Port of Seattle, the City of Seattle, and King County, completed the
investigation and feasibility study phases of the cleanup of the East Waterway Superfund Site.
The Port led the previous work under a legal agreement with the EPA, supported by the City of
Seattle and King County through a Memorandum of Agreement (MOA) that has been in place
since 2006.

Template revised January 10, 2019.

COMMISSION AGENDA - Action Item No. 8h
Meeting Date: September 9, 2025

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The EWG reached an agreement with EPA on an Order to develop the remedial design for the
cleanup. Under a new cost sharing MOA, the three EWG parties will share responsibility to
implement the required work. The Port will procure an environmental consulting firm to perform
the work, with costs reimbursed by the City and County on a preliminary (subject to reallocation)
basis of 1/3 each. The remedial design work is estimated to cost a total of approximately $30
million. Funding for this work was included in the 2025-2029 Environmental Remediation Liability
(ERL) Program. The request for procurement of a consultant will be completed under a separate
commission request.
BACKGROUND
The Harbor Island Superfund Site is one of the first Superfund sites in the country, listed on the
National Priorities List in 1983. Harbor Island is a human-built, industrial island in Elliott Bay. Built
in the early 1900s, the 420-acre island supports businesses that conduct commercial and
industrial activities, including a former lead battery recycler, ocean and rail transport operations
and petroleum fuel farm storage and operation. Prior operations at the site resulted in
contaminated groundwater, sediment and soil with lead and other contaminants. The EPA
divided the Harbor Island site into six smaller areas, known as "Operable Units" (OUs) to better
address site cleanup. Cleanups have been completed at five of the OUs, and the remaining OU
for cleanup is the East Waterway. The East Waterway cleanup area stretches one mile and covers
157 acres. It is located downstream and north of the Lower Duwamish Waterway Superfund Site,
along the east side of Harbor Island.
The East Waterway is proposed for cleanup due to unacceptable risks to human health and to
the environment. Sediments at the bottom of the waterway contain contaminants that include
polychlorinated biphenyls (PCBs), arsenic, dioxins/furans and carcinogenic polycyclic aromatic
hydrocarbons (cPAHs) that pose risk to human health. There are 29 contaminants, including PCBs
and mercury, which pose risks for benthic invertebrates that are the base of the food chain. PCBs
also pose risk to fish within the waterway. The EPA released its Interim Record of Decision (ROD)
for cleanup of the East Waterway in 2024. The next step to implement the Interim ROD is
Remedial Design.
The EPA oversees the East Waterway cleanup. The EWG, comprising the Port of Seattle, the City
of Seattle, and King County, completed the investigation and feasibility study phase of the
cleanup of the East Waterway operable unit of the Harbor Island Superfund Site. The Port led the
investigation work under a legal agreement with the EPA, supported by the City of Seattle and
King County through a MOA that has been in place since 2006.
The EWG has reached agreement with EPA on an Order to develop the remedial design for the
cleanup. Under a new cost sharing MOA, the three EWG parties will share responsibility to
implement the required work. The Port will procure an environmental consulting firm to perform
the work, with costs reimbursed by the City and County on a preliminary (subject to potential
reallocation) basis of 1/3 each. The Port will hold the contract with the consultant and all
Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA - Action Item No. 8h
Meeting Date: September 9, 2025

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invoicing will be handled by the Port with appropriate portions reimbursed by the City and
County.
Total cleanup cost estimates were developed for each cleanup alternative as part of the East
Waterway Feasibility Study completed in 2019. In 2023, the EWG updated the cleanup cost based
on the EPA's preferred alternative and updated market pricing for a total of $419,000,000. Of
that total, $30,000,000 is estimated for Remedial Design, baseline monitoring, project
management and EPA oversight effort to be completed under the proposed Order.
Funding for this work was included in the 2025-2029 Environmental Remediation Liability (ERL)
Program, therefore funding is not requested at this time.
The request for procurement of a consultant will be completed under a separate commission
request.
JUSTIFICATION
The EPA Order is a binding agreement to perform work by the Port; therefore, the signing of the
EPA Order requires Commission authorization. The project will formally initiate the process of
remedial design for the East Waterway, as necessary and required, to meet EPA's cleanup
objectives in its interim Record of Decision. The MOA will permit the EWG parties to share the
costs of the required work and obligates the Port to fulfill EPA's financial assurance requirements
for the work.
DETAILS
The Statement of Work detailed in the Order requires that the Port, City, and County perform
the work necessary to complete Remedial Design. A request to procure and execute a joint,
project-specific, professional environmental consulting contract to complete the tasks identified
in the order will be presented separately and is anticipated at the October 14, 2025, Port
Commission meeting.
Schedule
The preliminary East Waterway Cleanup project schedule milestones are as follows:
Activity
Estimated Schedule
Commission Authorization of Order
Q3 - 2025
Consultant designer procurement
Q1 2026
Remedial Design
2026-2031

Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA - Action Item No. 8h
Meeting Date: September 9, 2025

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ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 - Do Not Authorize Signature of the Order
Cost Implications: Not signing the Order may result in the issuance of an enforcement order by
EPA, or EPA may elect to perform this work itself. This would result in EPA recovering the cost of
the work from the Port, increasing the Port's estimated costs by 1.5 to 3 times.
Pros:
(1)

Cons:
(1)
(2)
(3)

May delay the Port's spending by a year or more while EPA prepares the enforcement
order.

Increased legal and staff time and efforts and costs to respond to an enforcement
order and provide ancillary support to the EPA to carry out the enforcement order
(gain access to the site, etc.)
The ultimate costs of the work will be much higher if EPA elects to perform the work
itself.
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.
Alternative 2 - Authorize the Signing of the Order and begin the required Statement of Work
Cost Implications: Likely $30,000,000 costs shared with our partners.
Pros:
(1)
(2)
(3)
Cons:
(1)

Avoids potential enforcement order and furthers the Port's collaborative working
relationship with EPA.
Takes the next step leading to East Waterway cleanup and long-term protection of
human health and the environment.
Demonstrates the Port's value of being responsible stewards of community resources
and the environment.
None, but will cost approximately $30,000,000 to complete the Order's Statement of
Work, shared equally among the Port, City, and County.

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.
Project costs will be shared by the Port, City, County, subject to reallocation after the Remedial
Design is complete. As the contracting party, the Port will pay all costs upfront, and the City and

Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA - Action Item No. 8h
Meeting Date: September 9, 2025

Page 5 of 5

County will reimburse the Port for their respective shares. The Port will pursue future options to
recover its costs from other parties.
ATTACHMENTS TO THIS REQUEST
(1)

Administrative Settlement Agreement and Order on Consent for Remedial Design (East
Waterway Operable Unit, Harbor Island Superfund Site, Seattle, WA)

(2)

Memorandum of Agreement Between the Port of Seattle, the City of Seattle and King
County Regarding the East Waterway Operable Unit of the Harbor Island Superfund Site

(3)

Presentation

PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
November 1, 2024 - The Commission authorized the Chief Executive Officer to (1) spend
environmental remediation funds for 2025 in the amount of $19,700,000 and (2) approve a fiveyear spending plan for $211,000,000 for the environmental remediation liability program for
2025-2029, of which an estimated not-to-exceed amount of $50,000,000 will be obligated during
2025 to be spent in future years.
July 25, 2006 - The Commission authorized the Chief Executive Officer to Execute the
Administrative Settlement Agreement and Order on Consent for a Supplemental Remedial
Investigation/Feasibility Study for the East Waterway Operable Unit of the Harbor Island
Superfund Site issued by the United States Environmental Protection Agency.
March 14, 2006 - The Commission authorized the Chief Executive Officer to Execute a MOA
between the Port and the City of Seattle and King County for the East Waterway Operable Unit
of the Harbor Island Superfund Site Supplemental Remedial Investigation/Feasibility Study.
September 23, 2003 - The Commission issued project-wide authorization for the design,
permitting, and construction required for the Port's full compliance with Administrative Order on
Consent for Removal Action issued by the United States Environmental Protection Agency in the
matter of Harbor Island Superfund Site East Waterway Operable Unit, Phase 1 Remedial Design
and Removal Action, and Phase 2 Remedial Design Activities for an estimated cost of
$19,400,000.

Template revised June 27, 2019 (Diversity in Contracting).