Item No. 8h supp Meeting Date: September 9, 2025 East Waterway Superfund Site Remedial Design Order and Memorandum of Agreement with City of Seattle and King County Presented by: Brick Spangler - Sr. Env Program Manager Joanna Florer- Sr. Manager Env Programs Action Requested Request Commission authorization for Executive Director to: 1. Sign and execute an EPA Administrative Settlement Agreement and Order on Consent (Order) 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. 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. 2 East Waterway Cleanup Location 3 Project Description Complete the Remedial Design with the City of Seattle and King County for the cleanup of 121 acres of contaminated sediment in the 157acre East Waterway Superfund Site. 4 Involved Parties • Port of Seattle -The lead contracting agency for the cleanup • East Waterway Group: Port of Seattle, City of Seattle, King County will implement the cleanup with oversight from EPA and will share costs • EPA - Regula ng Agency 5 Stakeholders • Muckleshoot and Suquamish Tribes - usual and accustomed fishing/harves ng area with treaty rights and is consulted by EPA • Washington State Department of Natural Resources (DNR) - manager of state-owned aqua c lands in EW • Washington State Department of Ecology (Ecology) - provides input on state cleanup rules and source control • Non-Governmental Organizations (NGO) - Duwamish River Community Coalition (DRCC) and other NGOs have been tracking and commented on the cleanup process 6 Costs, Funding and Schedule • Estimated to cost $30 million • Reimbursement by the City and County of 1/3 each. (subject to reallocation) • Funding in the 2025-2029 Environmental Remediation Liability (ERL) Authorization. Q3 - 2025 • Estimated Schedule: Commission Authorization of Order Consultant designer procurement Q2 2026 Remedial Design 2026-2031 7