HomeMy WebLinkAboutR-1997-046 Richardson’s AirwayRESOLUTION NO. R-97- 4
A RESOLUTION authorizing and directing the City Manager and the City
Attorney of the City of Yakima to execute a Consent Decree
with the Washington Department of Ecology for the
remediation of the Richardson's Airways site located at
Yakima International Airport -- McAllister Field.
WHEREAS, on July 25, 1991, the Department of Ecology notified the City
of Yakima, the County of Yakima, and Ralph Richardson of their status as
"Potentially Liable Persons" under RCW 70.105D.040 based upon the apparent
release of pesticides at the Yakima International Airport -- McAllister Field; and
WHEREAS, the City of Yakima, the County of Yakima and Ralph
Richardson entered into an agreed order with the Department of Ecology to
prepare a remedial investigation/feasibility study for the Richardson's Airways
site located at the Yakima International Airport -- McAllister Field; and
WHEREAS, it has been determined by the Department of Ecology that
the pesticide contamination located at the Richardson's Airways site need not
be excavated and removed at the present time, but instead that a five-year
period of groundwater monitoring will protect the public health, welfare, and
environment; and
WHEREAS, the attached Consent Decree will be entered by a Yakima
County Superior Court Judge to govern the groundwater
monitoring/remediation process at the Yakima International Airport --
McAllister Field, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Attorney of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated Consent
Decree with the Department of Ecology in order to facilitate the groundwater
monitoring/remediation process at the Yakima International Airport
McAllister Field.
ADOPTED BY THE CITY COUNCIL this 1st day of April
1997.
ATTEST:
City Clerk
ynn Buchanan, Mayor
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SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
Plaintiff,
v.
CITY OF YAKIMA, YAKIMA COUNTY,
and RALPH RICHARDSON,
Defendants.
No.
CONSENT DECREE
Table of Contents
Page
I. INTRODUCTION 3
11. JURISDICTION 4
III. PARTIES BOUND 5
IV. DEFINITIONS 5
V. STATEMENT OF FACTS 6
VL WORK TO BE PERFORMED 7
VII. DESIGNATED PROJECT COORDINATORS 109
VIII. PERFORMANCE
IX. ACCESS 11
X. SAMPLING, DATA REPORTING, AND AVAILABILITY 11
XI. PROGRESS REPORTS 12
XII. RETENTION OF RECORDS 12
XIII. TRANSFER OF INTEREST IN PROPERTY 13
XIV. RESOLUTION OF DISPUTES 13
XV. AMENDMENT OF CONSENT DECREE 14
XVI. EXTENSION OF SCHEDULE 15
XVII. ENDANGERMENT 16
XVIII. OTHER ACTIONS 17
XIX. INDEMNIFICATION 18
XX. COMPLIANCE WITH APPLICABLE LAWS 19
XXI. REMEDIAL AND INVESTIGATIVE COSTS 20
XXII. IMPLEMENTATION OF REMEDIAL ACTION 20
XXIII. FIVE YEAR REVIEW 21
XXIV. PUBLIC PARTICIPATION 21
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
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XXV. DURATION OF DECREE
XXVI. CLAIMS AGAINST THE STATE .. 22
�IXVII. EFFECTIVE DATE 22
XXVIII. PUBLIC NOTICE AND WITHDRAWAL OF CONSENT 23
Exhibit A - Site Diagram
Exhibit B - Cleanup Action Plan
Exhibit C - Restrictive Covenant
Exhibit D - Implementation Schedule
Exhibit E - Ground Water Sampling Data Submittal
Requirements
CONSENT DECREE - 2 -
ATTORNEY GENERAL, OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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I. INTRODUCTION
A. In entering into this Consent Decree (Decree), the mutual objective of the
Washington State Department of Ecology ("Ecology" or "Department"), and the Defendants
(Yakima Air Terminal and Richardson's Airways) is to provide for remedial action at a
facility where there has been a release or threatened release of hazardous substances. This
Decree requires the Defendants to undertake the following remedial actions:
(1) Conduct long-term groundwater monitoring at the Richardson's
Airways facility (the "Site") in accordance with the Cleanup Action
Plan ("CAP") attached to this Decree as Exhibit B.
(2) File a restrictive covenant, attached as Exhibit C, with Yakima
County, or other appropriate entity, within 120 days of the effective
date of this Decree.
Ecology has determined that these actions are necessary to protect public health and the
environment.
B. The Complaint in this action is being filed simultaneously with this Decree.
An answer has not been filed, and there has not been a trial on any issue of fact or law in
this case. However, the parties wish to resolve the issues raised by Ecology's Complaint.
In addition, the parties agree that settlement of these matters without litigation is reasonable
and in the public interest and that entry of this Decree is the most appropriate means of
resolving these matters.
C. In signing this Decree, the Defendants agree to its entry and agree to be
bound by its terms.
D. By entering into this Decree, the parties do not intend to discharge
nonsettling parties from any liability they may have with respect to matters alleged in the
Complaint. The parties retain the right to seek reimbursement, in whole or in part, from
any liable persons for sums expended under this Decree.
r fINCFNT flT PFF
ATTORNEY GENERAL OP WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
PAY rWT 44R_77d
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E. This Decree shall not be construed as proof of liability or responsibility ft
any releases of hazardous substances or cost for remedial action nor an admission of any
facts; provided, however, that the Defendants shall not challenge the jurisdiction of Ecology
in any proceeding to enforce this Decree.
F. The Court is fully advised of the reasons for entry of this Decree, and good
cause having been shown: IT IS :HEREBY ORDERED, ADJUDGED, AND DECREED
AS FOLLOWS:
II. JURISDICTION
A. This Court has jurisdiction over the subject matter and over the parties
pursuant to chapter 70.105D RCW, the Model Toxics Control Act (MTCA).
B. Authority is conferred upon the Washington State Attorney General by RCW
70.105D.040(4)(a) to agree to a settlement with any potentially liable person if, after public
notice and hearing, Ecology finds the proposed settlement would lead to a more expeditious
cleanup of hazardous substances. RCW 70.105D.040(4)(b) requires that such a settleme._
be entered as a consent decree issued by a court of competent jurisdiction.
C. Ecology has deterrnined that a release or threatened release of hazardous
substances has occurred at the Site which is the subject of this Decree.
D. Ecology has given notice to the Defendants, as set forth in RCW
70.105D.020(15), of Ecology's determination that the Defendants are potentially liable
persons for the Site and that there has been a release or threatened release of hazardous
substances at the Site.
E. The actions to be taken pursuant to this Decree are necessary to protect
public health, welfare, and the environment.
F. The Defendants have agreed to undertake the actions specified in this Decree
and consent to the entry of this Decree under the MTCA.
CONSENT DECREE 4
ATTORNEY GENERAL ()F WASHINGTON
Ecology Division
FO Box 40117
Olympia, WA 98504-0117
FAX (360) 43S-7743
1 III. PARTIES BOUND
2 This Decree shall apply to and be binding upon the signatories to this Decree
3 (parties), their successors and assigns. The undersigned representative of each party hereby
4 certifies that he or she is fully authorized to enter into this Decree and to execute and
5 legally bind such party to comply with the Decree. The Defendants agree to undertake all
6 actions required by the terms and conditions of this Decree and not to contest state
7 jurisdiction regarding this Decree. No change in ownership or corporate status shall alter
8 the responsibility of the Defendants under this Decree. The Defendants shall provide a
9 copy of this Decree to all agents, contractors, and subcontractors retained to perform work
10 required by this Decree and shall ensure that all work undertaken by such contractors and
11 subcontractors will be in compliance with this Decree.
12 IV. DEFINITIONS
13 Except for as specified herein, all definitions in WAC 173-340-200 apply to the
14 terms in this Decree.
15 A. Site: The Site, referred to as Richardson's Airways, is located at the Yakima
16 Regional Airport, Yakima, Washington. The Site is located on a portion of the Yakima
17 Regional Airport which is administered by the Yakima Air Terminal. The Site is more
18 particularly described in Exhibit A to this Decree, which is a detailed site diagram.
19 Historically the area where the contamination has been found refers to the "washdown site."
20 B. Parties: Refers to the Washington State Department of Ecology, Yakima Air
21 Terminal, and Richardson's Airways, Inc. The Yakima Air Terminal shall be understood
22 to include the City of Yakima and Yakima County, co-owners of the Yakima Regional
23 Airport.
24 C. Defendants: Refers to Yakima Regional Airport and Richardson's Airways, Inc.
25 D. Consent Decree or Decree: Refers to this Consent Decree and each of the
26 exhibits to the Decree. All exhibits are integral and enforceable parts of this Consent
CONSENT DECREE 5
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
FO Boz 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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Decree. The terms "Consent Decree" or "Decree" shall include ai]l exhibits to the Conse.__
Decree.
E. Point of Compliance: The points of compliance for soil. at the facility shall be
the contiguous contaminated area in its entirety. These points were chosen so that the Site
shall not be deemed clean until MTCA Method B cleanup levels, which are protective of
groundwater, or other appropriate cleanup levels yet to be determined, are met throughout
the Site.
V.STATEMENT OF FACTS
Ecology makes the following findings of fact without any express or implied
admissions by Defendants.
A. Yakima Air Terminal :presently maintains and owns property on which
Richardson's Airways, Inc. operated. The Yakima Air Terminal property is owned jointly
by the City of Yakima and Yakima County.
B. The Yakima Air Terminal is an "owner or operator" as defined in
RCW 70.105D.020(11) of a "facility" as defined in RCW 70.105D.020(4).
C. Richardson's Airways, Inc. is an "owner or operator" as defined in
RCW 70.105D.020(11) of a "facility" as defined in RCW 70.105D.020(4).
I). Mr. Ralph Richardson operated Richardson's Airways, Inc., an aerial pesticide:
applicator service, on the Site for approximately 38 years between 1954 and 1992.
Operations of the facility included filling an applicator airplane spray tank with pesticide
solution, then upon completion of aerial spraying washing, cleaning or rinsing the airplane
tank at the "washdown site." Waste water from the cleaning promlure was allowed to seep
into the surrounding soils and drain into nearby catch basins.
E. Surface soil samples were taken at the "washdown site" in 1989 by T chnico $c
Environmental Services Co., and in 1992 and in 1993 by CH2M-FEill, all environmental
consultants retained by the Defendants. Laboratory results of the sampling confirm tha.
CONSENT DECREE 6
ATTORNEY GENERAL OF WASHINGTON
Ecology Divisive
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
1 hazardous substances (pesticides) are present at levels which exceed single -substance
2 cleanup levels, Method B soil, protective of groundwater (WAC 173-340-740(3)(a)(ii)(A)).
3 The results of these sampling activities are on file, and may be reviewed, at the Central
4 Regional Office of the Washington State Department of Ecology in Yakima, Washington.
5 F. The substances found at the facility as described above are "hazardous
6 substances" as defined by RCW 70.105D.020(7).
7 G. Based on the presence of these hazardous substances at the Site and all factors
8 known to the Department, there is a release or threatened release of hazardous substances
9 from the Site, as defined by RCW 70.105D.020(19).
10 H. Pursuant to RCW 70.105D.030(1) and RCW 70.105D.050, the Department may
11 require potentially liable persons to investigate or conduct other remedial action with
12 respect to the. release or threatened release of hazardous substances from the Site.
13 I. By letter dated July 25, 1991, Ecology notified each of the Defendants of its
14 status as a "potentially liable person" under RCW 70.105D.040 after notice and opportunity
15 to comment.
16 J. Based upon site-specific data, Ecology has identified long-term groundwater
17 monitoring at the Site to be protective of human health and the environment.
18 VI. WORK TO BE PERFORMED
19 This Decree contains a program designed to protect public health, welfare and the
20 environment from the known release, or threatened release, of hazardous substances or
21 contaminants at, on, or from the Site.
22 A. The Defendants shall conduct groundwater monitoring at the Richardson's
23 Airways facility in Yakima, Washington for a period of at least five (5) years. The
24 monitoring will be conducted as described in the Cleanup Action Plan for the Richardson's
25 Airways facility, attached to this Decree as Exhibit B.
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CONSENT DECREE 7
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
1 B. The Defendants shall monitor the site groundwater for all organochlorine
2 pesticides and all organophosphorus pesticides found at the facility and identified in the
3 RI/FS.
4 C. In the event that any of the monitored contaminants are detected in the
5 groundwater above the laboratory :practical quantification limit (PQL), the Defendants shall
6 immediately notify the Ecology site manager.
7 JD. Upon receipt of a notification that a PQL has been attained or exceeded, the
8 Department shall evaluate the information. If further information is necessary to assess the
9 nature and extent of the contamination, the Department may require the Defendants to
10 prepare and submit a groundwater monitoring parameter exceedence report within 60 days,
11 unless an alternative deadline is specified in writing by the Department. The report shall
12 assess the cause and significance of the exceedence and shall propose a response. Based on
13 the evaluation of the report, the Department may specify responses to be implemented by
14 the Defendants at the facility.
15 E. The schedule for implementing this Decree and the Cleanup Action Plan is
16 outlined in. Exhibit B. The implementation schedule becomes effective on the effective date
17 of this :Decree.
18 F. Within 120 days of the effective date of this Decree, the Defendants shall record
19 the deed restriction, attached as E,dhibit C, with the Yakima County Assessor, or other
20 appropriate county entity, and return the signed copy to the Ecology site manager.
21 G. Within 15 days after the effective date of this Decree, the Defendants shall
22 submit the name of the contractor who will implement the groundwater monitoring aspect
23 of the CAP.
24 H. Within 30 days after the effective date of this Decree, the Defendants shall
25 provide a draft Sampling and Analysis Plan for groundwater monitoring as described in
26 WAC 173-340-820. Analytical methods and testing shall be in accordance with WAC
CONSENT DECREE 8
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
1 340-830. If a Sampling and Analysis Plan exists from past sampling activities at the Site, it
2 may be modified to reflect the requirements of this Decree, and submitted for Ecology
3 review and approval.
4 I. Within 30 days of the effective date of this Decree, the Defendants shall
5 submit a draft Quality Assurance/Quality Control Plan (QA/QC) for groundwater sampling
6 and laboratory analysis of groundwater. If a QA/QC Plan exists from past sampling
7 activities at the Site, it may be modified to reflect the requirements of this Decree, and
8 submitted for Ecology review and approval.
9 J. Within 15 days after the effective date of this Decree, the Defendants shall
10 submit the name of the project coordinator who shall be Ecology's contact at the Site.
11 K. In accordance with WAC 173-340-840(5), groundwater sampling data shall be
12 submitted according to Exhibit E: GROUND WATER SAMPLING DATA SUBMITTAL
13 REQUIREMENTS. These submittals shall be provided to Ecology as required under the
14 schedule established in provision E, above.
15 L. The Defendants agree not to perform any remedial actions outside the scope of
16 this Decree, unless the parties agree to amend the scope of work to cover these actions.
17 All work conducted under this Decree shall be done in accordance with ch. 173-340 WAC
18 unless otherwise provided herein.
19 VII. DESIGNATED PROJECT COORDINATORS
20 The project coordinator for Ecology is:
21 Donald Abbott
Washington Department of Ecology
22 15 West Yakima Ave., Suite 200
Yakima, WA 98902
23 Phone: (509) 454-7834
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CONSENT DECREE 9
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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The project coordinator for the Defendants is:
:Bob Clem
Yakima Air Terminal
2400 West Washington Avenue
Yakima, WA 98903
Phone: (509) 575-6149
Each project coordinator shall be responsible for overseeing the implementation of
this Decree. The Ecology project coordinator will be Ecology's designated representative
at the Site,. To the maximum extent possible, communications between Ecology and the
Defendants and all documents, including reports, approvals, and other correspondence
concerning the activities performed pursuant to the terms and conditions of this Decree,
shall be directed through the project coordinators. The project coordinators may designate,
in writing, working level staff contacts for all or portions of the implementation of the
remedial work required by this Decree. The project coordinators may agree to minor
modifications to the work to be performed without formal amendments to this Decree.
Minor modifications will be documented in writing by Ecology.
Any party may change its :respective project coordinator. Written notification shall
be given to the other parties at least ten (10) calendar days prior to the change.
VIII, PERFORMANCE
All work performed pursuant to this Decree shall be under the direction and
supervision, as necessary, of a professional engineer or hydrogeologist, or equivalent, with
experience and expertise in hazardous waste site investigation and cleanup. Any
construction work must be under the supervision of a professional engineer. The
Defendants shall notify Ecology in writing as to the identity of such engineer(s) or
hydrogeologist(s), or others, and of any contractors and subcontractors to be used in
carrying out the terms of this Decree, in advance of their involvement at the Site.
CONSENT DECREE - 10 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Boz 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
1 U. ACCESS
2 Ecology or any Ecology -authorized representatives shall have the authority to enter
3 and freely move about all property at the Site at all reasonable times for the purposes of,
4 inter alis: inspecting records, operation logs, and contracts related to the work being
5 performed pursuant to this Decree; reviewing the Defendants' progress in carrying out the
6 terms of this Decree; conducting such tests or collecting such samples as Ecology may
7 deem necessary; using a camera, sound recording, or other documentary type equipment to
8 record work done pursuant to this Decree; and verifying the data submitted to Ecology by
9 the Defendants. All parties with access to the Site pursuant to this paragraph shall comply
10 with approved health and safety plans.
11 X. SAMPLING. DATA REPORTING. AND AVAILABILITY
12 With respect to the implementation of this Decree, the Defendants shall make the
13 results of all sampling, laboratory reports, and/or test results generated by it, or on its
14 behalf available to Ecology and shall submit these results in accordance with Section XI of
15 this Decree.
16 In accordance with WAC 173-340-840(5), ground water sampling data shall be
17 submitted according to Appendix E: GROUND WATER SAMPLING DATA
18 SUBMITTAL REQUIREMENTS. These submittals shall be provided to Ecology in
19 accordance with Section XI of this Decree.
20 If requested by Ecology, the Defendants shall allow split or duplicate samples to be
21 taken by Ecology and/or its authorized representatives of any samples collected by the
22 Defendants pursuant to the implementation of this Decree. The Defendants shall notify
23 Ecology seven (7) days in advance of any sample collection or work activity at the Site.
24 Ecology shall, upon request, allow split or duplicate samples to be taken by the Defendants
25 or its authorized representatives of any samples collected by Ecology pursuant to the
26 implementation of this Decree, provided it does not interfere with the Department's
CONSENT DECREE - 11 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438.7743
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sampling. Without limitation on Ecology's rights under section a:, Ecology shall endeavor
to notify the Defendants prior to any sample collection activity.
XL PROGRESS REPORT$
The Defendants shall submit to Ecology written quarterly progress reports which
describe the actions taken during the previous quarter to implement the requirements of this
Decree. The progress reports shall include the following:
A. All data shall be reported in graphical form with concentration over time in
addition to reporting in tables, unless sampling results show non -detects at the method
detection limit and then the results may be submitted in tables only;
B. Detailed description of any deviations from required tasks not otherwise
documented in project plans or arnendment requests;
C. Description of all deviations from the schedule during the current sampling
period and any deviations in the upcoming sampling period;
D. For any deviations in schedule, a plan for recovering lost time and
maintaining compliance with the schedule;
E. A list of deliverables for the upcoming sampling pe:dod if different from the
schedule.
All monitoring reports shall be submitted within 45 days of the sampling event.
Unless otherwise specified, progress reports and any other documents submitted pursuant to
this Decree shall be sent by certified mail, return receipt requested, to Ecology's project
coordinator.
XII. RETENTION OF RECORDS
The Defendants shall preserve, during the pendency of this Decree and for ten (10)
years from the date this Decree is no longer in effect as provided in section XXV, all
records, reports, documents, and underlying data in its possession relevant to the
implementation of this Decree and shall insert in contracts with project contractors and
r INCFNT T)F.cRFF. - 12 -
A'lTORNEY GFI3RR AL OF WASHINGTON
Ecology Diviuiaa
FO Boz 40117
Olympia, WA 98504-0117
FAX (360143 B-7743
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subcontractors a similar record retention requirement. Upon request of Ecology, the
Defendants shall make all non -archived records available to Ecology and allow access for
review. All archived records shall be made available to Ecology within a reasonable period
of time.
XIII. TRANSi'Eit OF INTEREST IN PROPERTY
No voluntary or involuntary conveyance or relinquishment of title, easement,
leasehold, or other interest in any portion of the Site shall be consummated without
provision for continued operation and maintenance of any containment system, treatment
system, and monitoring system installed or implemented pursuant to this Decree.
Prior to transfer of any legal or equitable interest in all or any portion of the
property, and during the effective period of this Decree, the Defendants shall serve a copy
of this Decree upon any prospective purchaser, lessee, transferee, assignee, or other
successor in interest of the property; and, at least thirty (30) days prior to any transfer, The
Defendants shall notify Ecology of said contemplated transfer.
XIV. RESOLUTION OF DISPUTES
A. In the event a dispute arises as to an approval, disapproval, proposed
modification, or other decision or action by Ecology's project coordinator, the parties shall
utilize the dispute resolution procedure set forth below.
(1) Upon receipt of the Ecology project coordinator's decision, the
Defendants have fourteen (14) days within which to notify Ecology's project coordinator of
their objection to the decision.
(2) The parties' project coordinators shall then confer in an effort to
resolve the dispute. If the project coordinators cannot resolve the dispute within fourteen
(14) days, Ecology's project coordinator shall issue a written decision.
f fNSPNT TlFCRFF - 13 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
PAY (WTI d4R_77d1
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(3) The Defendants may then request Ecology management review of
decision. This request shall be submitted in writing to the Toxics Cleanup Program
Manager within seven (7) days of receipt of Ecology's project coordinator's decision.
(4) Ecology's Program Manager shall conduct a :review of the dispute and
shall issue a written decision regarding the dispute within thirty (30) days of the
Defendants' request for review. The Program Manager's decision shall be Ecology's final
decision on the disputed matter.
B. If Ecology's final written decision is unacceptable to the Defendants, the
Defendants have the right to submit the dispute to the Court for resolution. The :parties
agree that one judge should retain jurisdiction over this case and shall, as necessary, resolve
any dispute arising under this Decree. In the event the Defendants, present an issue to the
Court for review, the Court shall review the action or decision of Ecology on the basis of
whether such action or decision was arbitrary and capricious and render a decision based rIn
such standard of review.
C. The parties agree to only utilize the dispute resolution process in good faith
and agree to expedite, to the extent possible, the dispute resolution process whenever it is
used. Where either party utilizes the dispute resolution process in bad faith or for purposes
of delay, the other party may seek sanctions.
Implementation of these dispute resolution procedures shall not provide a basis for
delay of any activities required in this Decree, unless Ecology agrees in writing to a
schedule extension or the Court so orders.
XV. AMENDMENT OF CONSENT DECREE
This Decree may only be amended by a written stipulation among the parties to this
Decree that is entered by the Court or by order of the Court. Such amendment shall
become effective upon entry by the Court. Agreement to amend shall not be unreasonably
withheld by any party to the Decree.
CONSENT DECREE - 14 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
FO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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The Defendants shall submit any request for an amendment to Ecology for approval.
Ecology shall indicate its approval or disapproval in a timely manner after the request for
amendment is received. If the amendment to the Decree is substantial, Ecology will
provide public notice and opportunity for comment. Reasons for the disapproval shall be
stated in writing. If Ecology does not agree to any proposed amendment, the disagreement
may be addressed through the dispute resolution procedures described in section XIV of this
Decree.
XVI. )EXTENSION OF SCHEDULE
A. An extension of schedule shall be granted only when a request for an
extension is submitted in a timely fashion, generally at least 30 days prior to expiration of
the deadline for which the extension is requested, and good cause exists for granting the
extension. All extensions shall be requested in writing. The request shall specify the
reason(s) the extension is needed.
An extension shall only be granted for such period of time as Ecology determines is
reasonable under the circumstances. A requested extension shall not be effective until
approved by Ecology or the Court. Ecology shall act upon any written request for
extension in a timely fashion. It shall not be necessary to formally amend this Decree
pursuant to section XV when a schedule extension is granted.
B. The burden shall be on the Defendants to demonstrate to the satisfaction of
Ecology that the request for such extension has been submitted in a timely fashion and that
good cause exists for granting the extension. Good cause includes, but is not limited to, the
following.
(1) Circumstances beyond the reasonable control and despite the due
diligence of the Defendants, including delays caused by unrelated third parties or Ecology,
such as (but not limited to) delays by Ecology in reviewing, approving, or modifying
documents submitted by the Defendants; or
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Ecology Division
FO Box 40117
Olympia, WA 98504-0117
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(2) Acts of God,, including fire, flood, blizzard, extreme temperatures,
storm, or other unavoidable casualty; or
(3) Endangerment as described in section XVII.
However, neither increased costs of performance of the terms of the Decree nor
changed economic circumstances shall be considered circumstances beyond the reasonable
control of the Defendants.
C. Ecology may extend the schedule for a period not to exceed ninety (90) days,
except where an extension is needed as a result of:
(1) Delays in the issuance of a necessary permit which was applied for in
a timely manner; or
(2) Other circumstances deemed exceptional or extraordinary by Ecology;
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(3) Endangerment as described in section XVII.
Ecology shall give the Defendants written notification in a timely fashion of any
extensions granted pursuant to this Decree.
XVII. ENDANGERMENT:
In the event Ecology determines that activities implementing or in noncompliance
with this Decree, or any other circumstances or activities, are creating or have the potential
to create a danger to the health or welfare of the people on the Site or in the surrounding
area or to the environment, Ecology may order the Defendants to stop further
implementation of this Decree for such period of time as need to abate the danger or may
petition the Court for an order as appropriate. During any stoppage of 'work under this
section, the obligations of the Defendants with respect to the work under this Decree which
is ordered to be stopped shall be suspended and the time periods for performance of that
work, as well as the time period for any other work dependent upon the work which is
CONSENT DECREE - 16 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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stopped, shall be extended, pursuant to section XVI of this Decree, for such period of time
as Ecology determines is reasonable under the circumstances.
In the event the Defendants determine that activities undertaken in furtherance of
this Decree or any other circumstances or activities are creating an endangerment to the
people on the Site or in the surrounding area or to the environment, the Defendants may
stop implementation of this Decree for such period of time necessary for Ecology to
evaluate the situation and determine whether the Defendants should proceed with
implementation of the Decree or whether the work stoppage should be continued until the
danger is abated. The Defendants shall notify Ecology's project coordinator as soon as
possible, but no later than twenty-four (24) hours after such stoppage of work, and
thereafter provide Ecology with documentation of the basis for the work stoppage. If
Ecology disagrees with the Defendants' determination, it may order the Defendants to
resume implementation of this Decree. If Ecology concurs with the work stoppage, the
Defendants' obligations shall be suspended and the time period for performance of that
work, as well as the time period for any other work dependent upon the work which was
stopped, shall be extended, pursuant to section XVI of this Decree, for such period of time
as Ecology determines is reasonable under the circumstances. Any disagreements pursuant
to the clause shall be resolved through the dispute resolution procedures in section XIV.
XVIII. OTHER ACTIONS
Ecology reserves its rights to institute remedial action(s) at the Site and subsequently
pursue cost recovery, and Ecology reserves its rights to issue orders and/or penalties or
take any other enforcement action pursuant to available statutory authority under the
following circumstances:
(1) Where the Defendants fail, after notice, to comply with any
requirement of this Decree;
CONSENT DECREE - 17 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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(2) In the event or u. on the discovery of a release or threatened releas
not addressed by this Decree;
(3) Upon Ecology's determination that action beyond the terms of this
Decree is necessary to abate an emergency situation which threatens public health or •
welfare or the environment; or
(4). Upon the occurrence or discovery of a situation beyond the scope of
this Decree as to which Ecology would be empowered to perform any remedial action or to
issue an order and/or penalty, or to take any other enforcement action. This Decree is
limited in scope to the geographic site described in Exhibit A and to those contaminants
which Ecology knows to be at the Site when this Decree is entered.
Ecology reserves all rights regarding the injury to, destruction of, or loss of natural
resources resulting from the release or threatened release of hazardous substances from
Richardson's Airways.
Ecology reserves the right to take any enforcement action whatsoever, including
cost recovery action, against potentially liable persons not party to this Decree.
XIX. INDEMNIFICATION
The Defendants agree to indemnify and save and hold the state of Washington, its
employees, and agents harmless from any and all claims or causes of action for death or
injuries to persons or for loss or damage to property arising from or on account of acts or
omissions of the Defendants, their officers, employees, agents, or contractors in entering
into and implementing this Decree. However, the Defendants shall not indemnify the state:
of Washington, nor save nor hold its employees and agents harmless from any claims or
causes of action arising out of the negligent acts or omissions of the state of Washington, or
the employees or agents of the state, in implementing the activities pursuant to this Decree.
CONSENT DECREE - 18 -
ArrORNEY GENERAL T - o:P WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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XX. COMPLIANCE WITH APPLICABLE LAWS
A. All actions carried out by the Defendants pursuant to this Decree shall be
done in accordance with all applicable federal, state, and local requirements, including
requirements to obtain necessary permits, except as provided in paragraph B of this section.
B. Pursuant to RCW 70.105D.090(1), the substantive requirements of chapters
70.94, 70.95, 70.105, 75.20, 90.48, and 90.58 RCW, and of any laws requiring or
authorizing local government permits or approvals for the remedial action under this Decree
that are known to be applicable at the time of entry of the Decree have been included in
Exhibit B, the Cleanup Action Plan, and are binding and enforceable requirements of the
Decree.
The Defendants have a continuing obligation to determine whether additional permits
or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the
remedial action under this Decree. In the event either the Defendants or Ecology determine
that additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be
required for the remedial action under this Decree, they shall promptly notify the other
party of this determination. Ecology shall determine whether Ecology or the Defendants
shall be responsible to contact the appropriate state and/or local agencies. If Ecology so
requires, the Defendants shall promptly consult with the appropriate state and/or local
agencies and provide Ecology with written documentation from those agencies of the
substantive requirements those agencies believe are applicable to the remedial action.
Ecology shall make the final determination on the additional substantive requirements that
must be met by Defendant and on how the Defendants must meet those requirements.
Ecology shall inform the Defendants in writing of these requirements. Once established by
Ecology, the additional requirements shall be enforceable requirements of this Decree. The
Defendants shall not begin or continue the remedial action potentially subject to the
additional requirements until Ecology makes its final determination.
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
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Ecology shall ensure that notice and opportunity for comment is provided to the
public and appropriate agencies prior to establishing the substantive requirements under this
section.
C. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the
5 exemption from complying with the procedural requirements of the laws referenced in
6 RCW 70.1.05D.090(1) would result in the loss of approval from a federal agency which is
7 necessary for the state to administer any federal law, the exemption shall not apply, and the
8 Defendants shall comply with both the procedural and substantive requirements of the laws
9 referenced in RCW 70.105D.090(1), including any requirements to obtain permits.
10 XXI. REMEDIAL AND INVESTIGATIVE COSTS.
11 The Defendants agree to pay costs incurred by Ecology pursuant to this Decree.
12 These costs shall include work performed by Ecology or its contractors for, or on, the Site
13 under Ch. 70.105D RCW both prior to and subsequent to the issuance of this Decree for
14 investigations, remedial actions, and Decree preparation, negotiations, oversight and
15 administration. Ecology costs shall include costs of direct activities and support costs of
16 direct activities as defined in WAC 173-340-550(2). The Defendants agree to pay the
17 required amount within ninety (90) days of receiving from Ecology an itemized statement of
18 costs that includes a summary of costs incurred, an identification of involved staff, and the
19 amount of time spent by involved staff members on the project. A general statement of
20 work performed will be provided upon request. Itemized statements shall be prepared
21 quarterly. Failure to pay Ecology's costs within ninety (90) days of receipt of the itemized
22 statement will result in interest charges.
23 XXII„ IMPLEMENTATION OF REMEDIAL ACTION
24 If Ecology determines that the Defendants have failed, without good cause, to
25 implement the remedial action, Ecology may, after notice to the Defendants, perform any
26 or all portions of the remedial action that remain incomplete. If Ecology performs all
CONSENT DECREE - 20 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (36) 438-7743
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portions of the remedial action because of the Defendants' failure to comply with its
obligations under this Decree, the Defendants shall reimburse Ecology for the costs of
doing such work in accordance with section XXI, provided that the Defendants are not
obligated under this section to reimburse Ecology for costs incurred for work inconsistent
with or beyond the scope of this Decree.
XXIII. FIVE YEAR REVIEW
As remedial action, including ground water monitoring, continues at the Site, the
parties agree to review the progress of remedial action at the Site, and to review the data
accumulated as a result of site monitoring as often as is necessary and appropriate under the
circumstances. At least once every five years the parties shall meet to discuss the status of
the Site and the need, if any, of further remedial action at the Site. Ecology reserves the
right to require further remedial action at the Site under appropriate circumstances. This
provision shall remain in effect for the duration of the Decree.
XXIV. PUBLIC PARTICIPATION
Ecology shall maintain the responsibility for public participation at the Site.
However, the Defendants shall cooperate with Ecology and, if agreed to by Ecology, shall:
A. Prepare drafts of public notices and fact sheets at important stages of the
remedial action, such as the submission of work plans, Remedial Investigation/Feasibility
Study reports and engineering design reports. Ecology will finalize (including editing if
necessary) and distribute such fact sheets and prepare and distribute public notices of
Ecology's presentations and meetings;
B. Notify Ecology's project coordinator prior to the preparation of all press
releases and fact sheets, and before major meetings with the interested public and local
governments. Likewise, Ecology shall notify the Defendants prior to the issuance of all
press releases and fact sheets, and before major meetings with the interested public and
local governments;
CONSENT DECREE - 21 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
1 C. Participate in public presentations on the progress of the remedial action 2
2 the Site. Participation may be through attendance at public meetings to assist in answering
3 questions, or as a presenter;
4 D. In cooperation with Ecology, arrange and/or continue information
5 repositories to be located at the Yakima Valley Regional Library at 102 North 3rd Street,
6 Yakima, Washington, and at Ecology's Central Regional Office located at 15 West Yakima
7 Avenue, Yakima, Washington. At a minimum, copies of all public notices, fact sheets, and
8 press releases; all q»ality-assured ground water, surface water, soil. sediment, and air
9 monitoring data; remedial actions plans, supplemental remedial planning documents, and a]1
10 other similar documents relating to performance of the remedial action required by this
11 Decree shall be promptly placed in these repositories.
12 XXV. DURATIO15 OE DECREE
13 This Decree shall remain in effect and the remedial program described in the Decree
14 shall be maintained and continued until the Defendants have received written notificatia
15 from Ecology that the requirements of. this Decree have been satisfactorily completed.
16 XXVI. S`LAIMS AGAINST THE STA B
17 The Defendants hereby agree that they will not seek to recover any costs accrued in
18 implementing the remedial action required by this Decree from the state of Washington or
19 any of its agencies; and further, that the Defendants will make no claim against the State
20 Toxics Control Account, with the exception of the Local Toxics Control Account, for any
21 costs incurred in implementing this Decree. Except as provided above, however, the
22 Defendants expressly reserve their right to seek to recover any costs incurred in
23 implementing this Decree from any other potentially liable person.
24 XXVII. EF1 ECTIVE DATE
25 This Decree is effective upon the date it is entered by the Court.
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CONSENT DECREE - 22 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
FO Boz 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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XXVIII. PUBLIC NOTICE AND WITHDRAWAL OF CONSENT
This Decree has been the subject of public notice and comment under RCW
70.105D.040(4)(a). As a result of this process, Ecology has found that this Decree will
lead to a more expeditious cleanup of hazardous substances at the Site.
If the Court withholds or withdraws its consent to this Decree, it shall be null and
void at the option of any party and the accompanying Complaint shall be dismissed without
costs and without prejudice. In such an event, no party shall be bound by the requirements
of this Decree.
MARY jURG
Program I anager
Toxics Cleanup Program
Department of Ecology
Date ,• • ;•.5-- q7
CONSENT DECREE
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STEVEN J. THIELE
Assistant Attorney General
State of Washington
Department of Ecology
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ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Boz 40117
Olympia, WA 98504-0117
FAX (360) 438-7743
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CITY OF YAKIMA
Date
YAKIMA COUNTY
Date
Date Date
Date Date
Date Date
Date
RICHARDSON'S AIRWAYS, INC.
s
RALPH RICHARDSON, pro se
Dated
DATED this __. day of , 199 .
f:1...1Richairlyalrair.Cd
Date
JUDGE
Yakima County Superior Court
CONSENT DECREE - 24 -
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98:503-0117
FAX (360) 431-7743
ExHIBIT A
EXHIBIT B
AFTER RECORDING RETURN TO:
RESTRICTIVE COVENANT
Yakima Air Terminal
Yakima, Washington
The property that is the subject of this Restrictive Covenant is the subject of a remedial action
under chapter 70.105D RCW. The cleanup action to be performed at Richardson's Airways
("Site") is described in the Cleanup Action Plan ("CAP") which is an appendix of Consent
Decree No. DE • . The Site is legally described as follows:
Commencing at the northwest corner of sec. 2, T. 12 N., R. 18 E.W.M.; thence south
89°53'29" east along the north line of the NW14 of said section a distance of 2013.08
feet; thence south 00°25'05" east a distance of 1531.05 feet to a point in the north -south
fence line west of the north -south runway, said point being the true point of beginning.
Thence north 00°25'05" east along said fence line, and the extension thereof a distance
of 186.27 feet; thence north 89°02'42" east a distance of 62.17 feet; thence north
03°01'46" east a distance of 77.20 feet; thence north 88°54'21" east a distance of 27.33
feet; thence south 03°42'46" east a distance of 263.63 feet; thence south 89°34'55" west
a distance of 109.28 feet to the point of beginning.
Situate in the City of Yakima, Washington, Yakima County, state of Washington.
The remedial action undertaken to clean up the property (hereafter the "cleanup action") is
described in the Remedial Investigation/Feasibility Study CRI/FS") submitted by the Yakima Air
Terminal and Richardson's Airways, Inc. to the Washington State Department of Ecology's
("Ecology") Central Regional Office. This document is on file at Ecology's Central Regional
Office in Yakima, Washington. This Restrictive Covenant is required by Ecology as defined
in WAC 173-340-440 because the cleanup action resulted in residual concentrations of pesticide
products which exceed Model Toxics Control Act cleanup levels for soil protective of
groundwater established under WAC 173-340-720(2) and 740(2).
The undersigned, City and County of Yakima, are owners as tenants in common of real property
in the County of Yakima, state of Washington, hereafter referred to as the "Site". The pesticide
contamination that is the subject of this Restrictive Covenant is described in the above -referenced
report. The property owners make the following declaration as to limitations, restrictions, and
uses to which the Site may be put, and specify that such declarations shall constitute covenants
to run with the land, as provided by law, and shall be binding on all parties and all persons
claiming under them, including all current and future owners of any portion of or interest in the
Site.
Section 1: Pesticide -contaminated soil is located at the "washdown" portion of the property,
which location is described above, in meets and bounds, and in the above-mentioned RDFS.
RESTRICTIVE COVENANT - 1 -
Remediation or removal of the contaminated soil must be addressed before the owners or
successor owners alter, modify, or remove any portion of the identified site in any manner that
exposes the contamination. Any plans for alteration, modification, or removal that may expose
the contamination shall be submitted to and approved by Ecology or its successor agency prior
to such actions.
Section 2: The integrity of monitoring wells placed on the property for the purpose of
groundwater monitoring shall be maintained during the period that monitoring is required in
Consent Decree No. . Should future construction activities on the property
require abandonment or removal of monitoring wells, such removal or abandonment shall not
occur without the prior written approval of Ecology. Said monitoring wells shall be replaced
in a manner approved by Ecology.
Section 3: The owners of the property shall not plow, disc, till, or disturb the surface of the
Site. The owners shall maintain a vegetative cover on the Site in order to reduce the fugitive
dust from the Site. This cover may be "weeds," or any native or exotic vegetation which will
grow without the application of irrigation water. The vegetative cover may be mowed.
Section 4: The owners of the property must give written notice to Ecology, or to its successor
agency, of the owner's intent to convey any interest in the property. No conveyance of title,
easement, lease, or other interest in the property shall be consummated by the property owners
without adequate and complete provision for continued groundwater monitoring and compliance
with this Restrictive Covenant. Copies of this Restrictive Covenant shall be furnished to any
transferee of such real property interest.
Section 5: The owners or successor owners shall allow authorized representatives of Ecology,
or its successor agency, the right to enter the property at reasonable times for the purpose of
evaluating compliance with the Cleanup Action Plan and carrying out its duties under chapter
70.105D RCW. Duties include but are not limited to the right to take samples, inspect remedial
actions conducted at the property relating to the contamination identified in the above -referenced
RDFS, and to inspect records that are related to the cleanup action.
Section 6: Until the Method B cleanup levels, which are protective of groundwater, are attained
in the soil., this property shall not be utilized for residential use.
Section 7: The owners of the Site and any successor owners reserve the right under WAC 173-
340-440 to record an instrument which provides that this Restrictive Covenant shall no longer
be of any further force or effect. owever, such an instrument may be recorded only with the
consent of Ecology, or its successor agency. Ecology, or its successor agency, may consent to
the recording of such an instrument only after appropriate public notice and comment.
Section 8: The owners shall obtain approval from Ecology, or its successor agency, prior to the
construction of any well on the property and prior to the withdrawal of any groundwater from
RESTRICTIVE COVENANT 2
the property. The owners may pump or remove groundwater from the monitoring wells installed
on site only for the purpose of purging and collecting groundwater samples for analysis.
Section 9: The owners must notify and obtain approval from Ecology, or its successor agency,
prior to any use of the property that is inconsistent with the terms of this Restrictive Covenant,
or the Consent Decree and its attachments and amendments. Ecology, or its successor agency,
may approve any inconsistent use only after public notice and comment.
SITE OWNER
Yakima Air Terminal
Date
STi h OWNER
Richardson's Airways, Inc.
Date
f 1...1Richair\coveat.Rch
RESTRICTIVE COVENANT 3
EXHIBIT C
ExHIBIT D
ExHIBIT E
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 a
L///6/7
For Meeting Of
ITEM TITLE: A Resolution authorizing and directing the City Manager and the City
Attorney of the City of Yakima to execute a Consent Decree with the Washington
Department of Ecology for environmental remediation and groundwater monitoring at
the Richardson's Airways site located at Yakima International Airport -- McAllister
Field.
SUBMITTED BY: Raymond L. Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Raymond L. Paolella, 575-6030
SUMMARY EXPLANATION: The attached Consent Decree represents the culmination
of a multi-year negotiation process with the Washington Department of Ecology
relative to pesticide and hazardous substance contamination at the Yakima
International Airport -- McAllister Field. Between 1954 and 1992, Mr. Ralph
Richardson operated Richardson's Airways, Inc., an aerial pesticide applicator service,
at a leased site located at the Yakima International Airport -- McAllister Field. This
operation included filling applicator airplane spray tanks with pesticide solutions, and
then upon completion of aerial spraying, washing, cleaning, or rinsing the airplane
tank at the site. Wastewater from the cleaning procedure was allowed to seep into the
surrounding soils and drain into nearby catch basins.
In 1989, 1992, and 1993, surface soil samples were taken at the site, and laboratory
results indicated the presence of hazardous substances from the pesticide cleaning
operation. Based upon these laboratory findings, the Department of Ecology on July 25,
1991 notified the City of Yakima, the County of Yakima, and Mr. Ralph Richardson of
their status as "potentially liable persons" under RCW 70.05D.040. The City, the County,
and Mr. Richardson subsequently entered into an agreed order with the Department of
Ecology which provided for the preparation and completion of a remedial
investigation/feasibility study at the site. As a result of that process, the Department of
Ecology has determined that the public health, welfare, and environment will be
protected by the implementation of a five-year groundwater monitoring program at
the Richardson's Airway facility at the Airport. This procedure will be implemented in
accordance with the Cleanup Action Plan which is attached to the Consent Decree.
IlkuFerww,wwwn urw,yvrr
The Department of Ecology proposes to have the attached Consent Decree entered by a
Yakima County Superior Court judge soon so that the ground monitoring program can
be implemented. The estimated cost to perform the groundwater
monitoring/remediation is much lower than previously expected (see attached
Memorandum to the City Council dated July 7, 1995). Because the soils will not be
excavated and removed from the site, the total remediation cost will probably be less
than $50,000, and this amount would be shared equally between Mr. Richardson and
the City/County.
Resolution Ordinance Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: \\\
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
akpgendamchardann a aJnayrmp
C OTY/
LEGAL
DEPARTMENT
424 FastYakima Aveue, Site 100,Yatima, Was n 198901 (509)575-6030 Fazs(509)5754160
CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED
MEMORANDUM
July 7, 1995
TO: Honorable Mayor Pro Tem and Members of the City Council
FROM: Raymond L. Paolella, City Attorney
SUBJ: Richardson Airways Remedial Action
Attached for your review and information is a copy of a June 30, 1995 letter to
the Department of Ecology concerning the proposed cleanup of the Richardson
Airways site at the Yakima Airport. As you will recall, the City of Yakima and
County of Yakima, together with Mr. Ralph Richardson, have been negotiating
with the Department of Ecology for several years relative to remediation of the
highly persistent chlorinated pesticides discovered in soil samples at the
Richardson Airways site. These pesticides were released incident to Mr.
Richardson's crop dusting operation based at the Yakima Airport over a period
of many years during the 1960's and 1970's. Under the Washington Model
Toxics Control Act (MTCA), RCW Chapter 70.105D, Ecology is requiring the
City, the County, and Mr. Richardson to conduct some type of remediation of
the contaminated soils.
To date, over $300,000.00 has been expended through a contract with the
Bellevue, Washington firm of CH2M Hill to study the nature and extent of
contamination and recommend remediation options. According to CH2M Hill,
it will cost approximately another $200,000.00 for that firm to conduct a
cleanup of the site. Another firm, MAXIM Technologies, Inc., has proposed a
detailed plan to conduct this cleanup to the satisfaction of the Department of
Ecology for $100,000.00 or less. After extensive negotiations, Ecology has
agreed to an on-site containment of the contaminated soils as opposed to
removal and transport to an approved landfill
As co-owners of the Yakima Airport facility, the Yakima County Commissioners
were recently briefed on this issue by Deputy Prosecuting Attorneys Terry
Austin and Michael McCarthy. The County of Yakima concurs with the
approach set forth in the attached letter, and the County Commissioners desire
to retain MAXIM Technologies, 1^c. to conduct this cleanup in cooperation with
the City of Yakima and Ralph Richardson. The projected $100,000.00 cleanup
Page 1
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cost would most likely be shared equally between Mr. Richardson and the
City/County so that the City/County share would be approximately
$50,000.00. Thus, the City's individual contribution would be approximately
$25,000.00, and we believe that a substantial portion of this cost would be
reimbursed by a Department of Ecology remedial action grant.
It is our recommendation that the City and County jointly proceed in an
expeditious manner to complete this cleanup in accordance with the plans set
forth in the attached letter and that the City Manager be authorized to engage
the firm of MAXIM Technologies, Inc. to complete this remediation process. I
would be happy to answer any questions that the Council may have at the
executive session scheduled for July 11, 1995.
RLP/las
Attachment
Page 2
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