December 30, 2011
David Johnson
Peninsula Iron Works
6618 N. Alta Avenue
Portland, OR 97203
Re: Letter Agreement for Stormwater Assessment and Source Control
Peninsula Iron Works property at 6618 N. Alta Avenue,
ECSI #TBD
Dear Mr. Johnson:
This letter serves as a Letter Agreement between you and the Oregon Department of Environmental Quality (DEQ), regarding DEQ Cleanup Program review and oversight of stormwater assessment and source control measures for your property located at 6618 N. Alta Avenue, Portland, Oregon (Property). This work is necessary to ensure your facility is not contributing to releases of hazardous substances to the Portland Harbor Superfund site via municipal or private stormwater utilities that drain to the Willamette River.
Work to be completed under this Letter Agreement will include completion of a Stormwater Assessment and implementation of source control measures in accordance with the December 2005 Portland Harbor Superfund Site Joint Source Control Strategy, Appendix D, issued by DEQ and the U.S. Environmental Protection Agency (EPA). The objective of the Stormwater Assessment is to determine whether hazardous substances are present at the site at concentrations that may pose an unacceptable risk through transport of these materials to the Willamette River with stormwater runoff. An assessment may require sampling of surface soil, sediments within stormwater catch basins or piping, and stormwater discharge including any groundwater infiltrating into the drainage system. Source control measures, such as catch basin or line cleaning and stormwater best management practices, may be required to limit potential future contaminant releases to the stormwater drainage system and the Willamette River.
Under this Letter Agreement, DEQ agrees to perform the following review and oversight activities:
• Conduct a coordinated site visit to evaluate management of hazardous substances, potential for releases to the storm drain system, and likely scope of source control measures.
• Conduct file and document reviews pertaining to environmental conditions at the Property.
• Confer with you and/or your consultants to discuss the scope of work, methods and schedule for the Stormwater Assessment.
• Review and provide comments on a Stormwater Assessment Work Plan, oversee the assessment activities, and review and provide comments on a Stormwater Assessment Report.
• Review and provide comments on proposed source control measures, oversee implementation of those measures, and evaluate resulting report(s).
• Complete interagency consultation with EPA and the City of Portland (for sites that discharge to a City conveyance system) concerning the satisfactory completion of source control measures, and other administrative requirements for issuance of a DEQ decision; or
• Develop a scope of work for further investigation and source control measures in the event additional source control measures are necessary to protect the Willamette River.
Under this Letter Agreement, you agree to perform the following work:
• Confer with DEQ to discuss the scope of work, methods, and schedule for the Stormwater Assessment and source control measures to address any permitted or unpermitted discharges of hazardous substances.
• Submit a Stormwater Assessment Work Plan to DEQ within 45 days of your execution of this Letter Agreement. The Work Plan should include a detailed history of the Property, a description of the stormwater drainage system, a proposed sampling and analysis plan to assess the drainage pathways and system, and should be designed to identify sources of contamination, contaminants of interest, and contaminant migration pathways.
• Finalize documents submitted to DEQ under this Letter Agreement within 30 days of receipt of DEQ’s review comments on drafts.
• Implement the Stormwater Assessment and submit the Stormwater Assessment Report in accordance with the schedule and scope of work specified in the DEQ-approved Work Plan.
• Identify proposed source control measures (e.g., catch basin or line cleaning, stormwater best management practices) and submit a Stormwater Source Control Work Plan to DEQ.
• Implement source control measures, evaluate the potential for future effectiveness of the source control measures in preventing unacceptable impacts to the Willamette River, and submit a Stormwater Source Control Report to DEQ.
• If additional work is required, participate in the development of an agreement for the additional investigation and/or cleanup needed to meet acceptable risk levels at the Property.
You also agree to provide DEQ five days notice of all field work and sampling events, and to allow DEQ to enter all portions of the facility at all reasonable times for the purposes, among other things, of inspecting records relating to work under this Letter Agreement; observing your progress in implementing this Letter Agreement; conducting such tests and taking such samples as DEQ deems necessary; verifying data submitted to DEQ by you; and, using camera, sound recording, or other recording equipment for purposes relating to work under this Letter Agreement. DEQ agrees to use its best efforts, but not be obligated, to provide reasonable advance notice before entering the property. DEQ agrees to adhere to all health and safety requirements of the property as identified in a Health and Safety Plan provided in the Stormwater Assessment Work Plan.
DEQ requires that persons seeking DEQ review and oversight of investigation and cleanup activities provide a minimum deposit of $5,000.00 as an advance against costs, which DEQ will incur. The advance deposit must be in the form of a check payable to the Department of Environmental Quality. When you have signed this Letter Agreement to formalize your request, and your deposit has been received by DEQ, a sub-account of the Hazardous Substances Remedial Action Fund will be established to be drawn upon by DEQ as project costs are incurred.
DEQ project costs will include direct costs and indirect costs. Direct costs include site-specific expenses and legal costs. Indirect costs are those general management and support costs of the State of Oregon and DEQ allocable to DEQ oversight of this Letter Agreement and not charged as direct site-specific costs. Indirect charges are based on actual costs and are applied as a percentage of direct personal services costs. Review and oversight costs will not include any unreasonable costs or costs not otherwise recoverable by DEQ under ORS 465.255.
DEQ will provide you with a monthly statement and direct labor summary, samples of which are attached. In the event project costs exceed the sub-account balance, DEQ will submit to you an invoice for any costs in excess of the advance. In the event project costs do not exceed the sub-account balance, DEQ will refund within 60 days of the close of the project any amount of the deposit remaining in excess of the actual costs, or will apply the remaining amount toward oversight of work under any further agreement necessary for the project.
Either you or DEQ may terminate this Letter Agreement by giving 15 days advance written notice to the other. Only those costs incurred or obligated by DEQ prior to the effective date of any termination of this Letter Agreement shall be recoverable under this Agreement. Termination of this Letter Agreement will not affect any other right DEQ may have for recovery of costs under applicable law. If you terminate this Agreement without completing the investigation, DEQ may take action to complete the work and recover costs incurred as permitted by law. Such action could include issuing a unilateral order or using state contractors to complete the work.
You shall hold DEQ harmless for any claims (including but not limited to claims of property damage or personal injury) arising from activities performed by you and reviewed or overseen by DEQ under this Letter Agreement.
This Letter Agreement is not and shall not be construed as an admission by you of any liability under ORS 465.255 or any other law or as a waiver of any defense to such liability. This Letter Agreement is not and shall not be construed as a waiver, release, or settlement of claims DEQ may have against you or any other person or as a waiver of any enforcement authority DEQ may have with respect to you or the Property. Upon DEQ's request and as necessary to oversight of your work under this Letter Agreement, you shall provide DEQ with data and records related to investigation and cleanup activities at the property, excluding any privileged documents identified as such by you.
Alex Liverman is currently assigned as the DEQ Project Manager for initiating the review and oversight of the investigation and cleanup activities associated with your property. Please refer all inquiries to Alex at 503 229-5080 or liverman.alex@deq.state.or.us.
DEQ appreciates your interest in the Voluntary Cleanup Program and looks forward to working with you.
Sincerely,
Jim Anderson, Manager
Portland Harbor Section
If the terms of this Letter Agreement are acceptable to you, please sign in the space provided below and return to us.
Accepted and agreed to this day of , 20 .
By: _______________________________
Print Name: __________________________
Title: _______________________
Enclosure