Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM Item No. 8j
ACTION ITEM Date of Meeting October 14, 2025
DATE: September 26, 2025
TO: Stephen P. Metruck, Executive Director
FROM: Sarah Ogier, Director-Maritime Environment & Sustainability
Brick Spangler, Sr. Program Manager, Maritime Environment & Sustainability
Tim Leonard, Capital Project Manager, Waterfront Project Management
SUBJECT: East Waterway Cleanup Design
Amount of this request: $0
Source of Funds: ERL Non Ops
Total estimated design cost: $30,000,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to complete the remedial design;
including the procurement of a consultant designer and preparation of construction documents;
for the East Waterway Cleanup project. The total request for this action is in the amount of $0 as
funding for the estimated $30,000,000 cost of the required remedial design was included in the
previously authorized 2025-2029 Environmental Remediation Liability (ERL) Program.
EXECUTIVE SUMMARY
Sediment in the East Waterway contains 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 remedial design is the next phase in the Superfund process. The Port led the previous work
under a legal agreement with the Environmental Protection Agency (EPA) and was supported by
the City of Seattle and King County through a Memorandum of Agreement (MOA).
The EWG is now sharing responsibility to develop the remedial design for the cleanup of
contaminated sediments within the East Waterway operable unit of the Harbor Island Superfund
Site, as required by an Administrative Settlement Agreement and Order on Consent (ASAOC) with
the EPA. Under a new MOA with its EWG, the Port will continue to lead contracting on behalf of
the EWG and 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.
COMMISSION AGENDA – Action Item No. 8j Page 2 of 5
Meeting Date: October 14, 2025
Template revised June 27, 2019 (Diversity in Contracting).
Including a project specific consultant design contract anticipated to be in the range of $15 – $22
million, the total remedial design effort’s cost is preliminarily estimated to be approximately $30
million. Funding for this work was included in the 2025-2029 Environmental Remediation Liability
(ERL) Program. Port Commission approved signing the EPA ASAOC and EWG MOA on September
9, 2025.
BACKGROUND
The Harbor Island Superfund Site is one of the first Superfund sites in the country, listed on EPA’s
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 along the
east side of Harbor Island and covers 157 acres. It is downstream and north of the Lower
Duwamish Waterway Superfund Site.
The East Waterway requires 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 (IROD)
for cleanup of the East Waterway in 2024. The next step to implement the Interim ROD is
Remedial Design (RD).
The EPA ASAOC, requiring the EWG to develop the remedial design for the cleanup; and a new
cost-sharing MOA between the EWG partners, was approved by prior Commission action on
September 9, 2025. Under the 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 basis of 1/3 each. The Port will
hold the contract with the consultant(s) and all invoices 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 as selected in the ROD and updated market pricing for a total
of $419,000,000. Including construction cost escalation and the latest construction market costs,
the current total project cost has been preliminarily estimated at $600,000,000. Of that total,
$30,000,000 is estimated for the requirements of the current EPA ASAOC (remedial design,
baseline monitoring, project management and EPA oversight effort).
COMMISSION AGENDA – Action Item No. 8j Page 3 of 5
Meeting Date: October 14, 2025
Template revised June 27, 2019 (Diversity in Contracting).
Funding for the required remedial design effort was included in the 2025-2029 Environmental
Remediation Liability (ERL) Program; therefore, design funding is not requested at this time.
JUSTIFICATION
The EPA ASAOC is a binding agreement that requires the EWG to complete the remedial design
for the East Waterway to meet EPA’s cleanup objectives in its Interim Record of Decision. The
EWG MOA enables the parties to share the costs of the required work and, among other
requirements, obligates the Port to fulfill EPA’s financial assurance requirements for the work.
DETAILS
The Statement of Work detailed in the ASAOC requires that the Port, City, and County to perform
the work to complete the Remedial Design.
Schedule
The preliminary East Waterway Cleanup project schedule milestones are as follows:
Activity Estimated Schedule
Commission Design Authorization October 2025
Consultant designer contract execution Q1 2026
Remedial Design (may require up to 5 years) 2026 - 2031
Construction (may require up to 10 years) 2031 - 2041
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Do Not Perform Remedial Design in accordance with the signed ASAOC
Cost Implications: Not performing the remedial design required by the signed ASAOC 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) May delay the Port’s spending by a year or more while EPA prepares the enforcement
order.
Cons:
(1) 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.)
(2) The ultimate costs of the work will be much higher if EPA elects to perform the work
itself.
(3) 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.
COMMISSION AGENDA – Action Item No. 8j Page 4 of 5
Meeting Date: October 14, 2025
Template revised June 27, 2019 (Diversity in Contracting).
This is not the recommended alternative.
Alternative 2 – Perform the remedial design in accordance with the signed ASAOC
Cost Implications: $30,000,000 shared with EWG.
Pros:
(1) Avoids potential enforcement order and furthers the Port’s collaborative working
relationship with EPA.
(2) Takes the next step leading to East Waterway cleanup and long-term protection of
human health and the environment.
(3) Demonstrates the Port’s value of being responsible stewards of community resources
and the environment.
Cons:
(1) None, but completion of the ASAOC required remedial design will cost a preliminarily
estimated $30,000,000 amount, with the City and County each reimbursing the Port for
one third.
This is the recommended alternative.
FINANCIAL IMPLICATIONS
There is no funding request as part of this remedial design 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
later. As the contracting party, the Port will pay all costs upfront, and the City and County will
reimburse the Port for their respective shares. The Port will pursue additional opportunities to
recover additional costs.
ATTACHMENTS TO THIS REQUEST
(1) PowerPoint presentation
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
September 9, 2025 – The Commission authorized the Executive Director to (1) sign and execute
an EPA Administrative Settlement Agreement and Order on Consent (ASAOC) 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 Memorandum of Agreement
between the Port of Seattle, City of Seattle, and King County to share the costs and obligations
to perform the scope of work required by the ASAOC.
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 five-
year spending plan for $211,000,000 for the environmental remediation liability program for
COMMISSION AGENDA – Action Item No. 8j Page 5 of 5
Meeting Date: October 14, 2025
Template revised June 27, 2019 (Diversity in Contracting).
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
Memorandum of Agreement (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.
