HomeMy WebLinkAboutR-1991-D6028 Richardson’s Airway, Inc. / Department of EcologyRESOLUTION NO.D 6 0 2 8
A RESOLUTION authorizing the Yakima Airport Manager to execute
an Agreed Order with the Washington State Depart-
ment of Ecology and Richardson's Airway, Inc.
regarding environmental remediation.
WHEREAS, hazardous substances are believed to be present
on the Richardson's Airway, Inc. site located at the Yakima
Air Terminal property; and
WHEREAS, the Washington State Department of Ecology has
requested that the Yakima Air Terminal execute an Agreed Order
with Richardson's Airway, Inc. for the purpose of conducting a
remedial investigation/feasibility study of said contamination
problems; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to execute the attached Agreed
Order, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Airport Manager of the Yakima Air Terminal is hereby
authorized and directed to execute the attached Agreed Order
with Richardson's Airway, Inc. and the Washington State De-
partment of Ecology.
ADOPTED BY THE CITY COUNCIL this ? day of
1991.
f
Mayor
ATTEST:
City Clerk
(res/rchrdsn.rp)
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action at:
RICHARDSON'S AIRWAY, INC. FACILITY
YAKIMA MUNICIPAL AIRPORT
Yakima, Washington
TO: Richardson's Airway, Incorporated
c/o Mr. Ralph Richardson
P.O. Box 9014
Yakima, Washington 98903
Yakima Air Terminal
c/o Mr. Bruce Loy
2300 West Washington Avenue
Yakima, Washington 98903
I.
AGREED ORDER
No. 91TC-C
Jurisdiction
This Agreed Order ("Order") is issued pursuant to the
authority of RCW 70.105D.050(1).
II.
Findings of Fact
Ecology makes the following Findings of Fact, without
admission of such facts by Richardson's Airway, Inc. and
Yakima Air Terminal.
1. Yakima Air Terminal owns the property ("the
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 2
Facility") on which Richardson's Airway, Inc. operates. The
Facility is about 1800 feet west-northwest from the
intersection of Ahtanum Road and 16th Avenue in Yakima,
Washington, and is within the E1/2 NW1/4 of Section 2,
Township 12N, Range 18E.
2. Mr. Ralph Richardson has operated Richardson's
Airway, Inc., an aerial pesticide applicator service, on the
Facility property from about 1954 to present, or about 37
years. Typically the applicator airplane spray tank was
filled with pesticide at the Facility and upon completion of
aerial spraying, washed down in a general 'washdown area'
southeast of the Richardson's Airway, Inc. office/hanger.
In 1984 this general washdown area was estimated to be about
five feet by twenty feet in size. Additional soil testing
by WDOE in 1988 revealed the area of contamination to be
larger. The exact size and shape will not be known until
additional soil testing occurs.
3. Separately, but in the same general washdown area
(number 2 above) at Richardson's Airway, Inc. (on Yakima Air
Terminal property), an acutely dangerous chemical herbicide
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 3
product, 2,4-Dichlorophenol (WAC 173--303-9903, UO81,
Extremely Hazardous Waste) spilled from a drum and
contaminated a large area of soil and vegetation, about 40
feet long and 5 to 10 feet wide.
4. Somewhat removed from this area (the washdown
area), and northwest of the Richardson's Airway, Inc.
office/hanger (on Yakima Air Terminal property) is a second
area. This area was operated as a burn pit and contains
accumulated ash from previously burned pesticide containers.
The soil and shallow groundwater in this area have not been
tested.
5. Surface soil samples were taken in the washdown
area (number 2 above) on 6/16/89 (Technico & Environmental
Services Co.). Laboratory results confirm that the
following hazardous substances are present at elevated
levels which appear to exceed single substance cleanup
levels [WAC 173-340-740(3), method B soil]:
• Chlordane
• DDT
• DDE
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 4
• Dieldrin
• Endosulfan
• Endrin
• 2,4-D
6. Surface soil samples were taken in the washdown
area (number 3 above) and at the 2,4-D drum spill on 6/15/88
by WDOE personnel. Laboratory results confirm that the
following hazardous substances are present at elevated
levels which appear to exceed single substance cleanup
levels [WAC 173-340-740(3), method B soil]:
• Aldrin
• DDT
• DDE
• Disulfoton
• Endosulfan
• MCPA
• 2,4-D
7. Surface soil samples were taken in the washdown
area (number 2 above) on 3/02/84 by WDOE personnel.
Laboratory results confirm that the following two hazardous
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 5
substances are present at elevated levels which appeared to
exceed single substance cleanup levels [WAC 173-340-740(3),
method B soil]:
• Ethyl Parathion
• Methyl Parathion
III.
Ecology Determinations
1. The Yakima Air Terminal is an "owner or operator"
as defined at RCW 70.105D.020(6) of a "facility" as defined
in RCW 70.105D.020(3). This "facility" is located west of
West Washington Avenue and north of 16th Avenue in Yakima,
Washington.
2. The Richardson's Airway, Inc. is an "owner or
operator" as defined at RCW 70.105D.020(6) of a "facility"
as defined in RCW 70.105D.020(3). This "facility" is
located west of West Washington Avenue and north of 16th
Avenue in Yakima, Washington.
3. The substances found at the facility as described
above are "hazardous substances" as defined at
RCW 70.105D.020(5).
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 6
4. Based on the presence of these hazardous
substances at the facility and all factors known to the
Department, there is a release or threatened release of
hazardous substances from the facility, as defined at
RCW 70.105D.020(10).
5. By letter dated July 25, 1991, Ecology notified
Yakima Air Terminal and Richardson's Airway, Inc. of their
status as "potentially liable persons" under RCW 70.105D.040
after notice and opportunity for comment.
6. Pursuant to RCW 70.105D.030(1) and 70.105D.050,
the Department may require potentially liable persons to
investigate or conduct other remedial actions with respect
to the release or threatened release of hazardous
substances, whenever it believes such action to be in the
public interest.
7. Based on the foregoing facts, Ecology believes the
remedial action required by this Order is in the public
interest.
IV.
Work to be Performed
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 7
Based on the foregoing Facts and Determinations, it is
hereby ordered that the Yakima Air Terminal, and
Richardson's Airway, Inc. (hereinafter referred to as the
Respondents) perform the following remedial actions set
forth below:
1. Conduct a Remedial Investigation/Feasibility Study
(RI/FS), consistent with WAC 173-340-350, to
include:
• Adequately characterize the areal and
vertical distribution and concentrations of
hazardous substances in the soil at the
Richardson's Airway, Inc. washdown area and
burn pit.
• Investigation of Facility geology and
hydrogeology to adequately characterize the
areal and vertical distribution and
concentrations of hazardous substances in the
groundwater. To include physical properties
and distribution of bedrock and
unconsolidated materials; groundwater flow
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 8
rate and gradient for affected and
potentially affected groundwaters; location
of private and public wells.
• Recommend method(s) for cleanup of soil and
groundwater contamination for those
hazardous substances found at the Facility.
The recommendation shall also include
estimated costs and effectiveness of cleanup
options.
• Investigate and determine the potential for
off -facility environmental and human health
impacts of identified contamination.
2. Remedial Investigation/Feasibility Study work
plans and report, as well as Sampling and Analysis plans
shall be submitted to Ecology for approval prior to
commencing work. At a minimum, soil samples shall be
analyzed for herbicides, organochlorides, organophosphates,
organic matter content, soil pH, and total metals. Water
samples shall be analyzed for herbicides, organochlorides,
organophosphates, and total metals. All samples shall be
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 9
analyzed through an Ecology Accredited Laboratory.
3. Submit a Health and Safety Plan.
4. Schedule for completion of the work shall begin on
the day of the effective date of this Order.
Complete and submit to Ecology:
• Draft RI/FS work plan: within 90 days of
effective date of this Order.
• Final RI/FS work plan: within 45 days from WDOE
approval of draft RI/FS work plan.
• Perform RI field work: within 60 days from WDOE
approval of final RI/FS work plan.
• Draft RI/FS report: within 60 days from field
work completion.
• RI/FS final report: within 45 days from WDOE
approval of draft RI report.
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 10
V.
Terms and Conditions of Order
1. Definitions. Unless otherwise specified, the
definitions set forth in ch. 70.105D RCW and ch. 173-340 WAC
shall control the meanings of the terms used in this Order.
2. Public Notices. WAC 173-340-600(10)(c) requires 30
days advance notice of this Order. Ecology shall be
responsible for providing such public notice and reserves
the right to modify or withdraw any provisions of this Order
should public comment disclose facts or considerations which
indicate to Ecology that the Order is inadequate or improper
in any respect.
3. Remedial Action Costs. Respondents shall pay to
Ecology costs incurred by Ecology pursuant to this Agreed
Order. These costs shall include work performed by Ecology
or its contractors for investigations, remedial actions, and
order preparation, negotiations, oversight and
administration. Ecology costs shall include costs of direct
activities; e.g., employee salary, laboratory costs, travel
costs, contractor fees, and employee benefit packages; and
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 11
agency indirect costs of direct activities.
The Respondents agree to pay the required amount within
90 days of receiving from Ecology an itemized statement of
costs that includes a summary of costs incurred, an
identification of involved staff, and the amount of time
spent by involved staff members on the project. A general
description of work performed will be provided upon request.
Failure to pay Ecology's costs within 90 days of receipt of
the itemized statement of costs may result in interest
charges.
4. Designated Project Coordinators.
The project coordinator for Ecology is:
Dick Bassett
Department of Ecology
106 South 6th Avenue
Yakima, Washington 98902-3387
The project coordinator for the Respondents is:
Ray Paolella, Assistant City Attorney
City of Yakima
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 12
201 E. Lincoln, Suite 5
Yakima, Washington 98901
The project coordinator(s) shall be responsible for
overseeing the implementation of this Order. To the maximum
extent possible, communications between Ecology and the
Respondents and all documents, including reports, approvals,
and other correspondence concerning the activities performed
pursuant to the terms and conditions of this Order, shall be
directed through the project coordinator(s). Should Ecology
or the Respondents change project coordinator(s), written
notification shall be provided to Ecology or the Respondents
at least 10 calendar days prior to the change.
5. Performance. All work performed pursuant to this Order
shall be under the direction and supervision, as necessary,
of a professional engineer or hydrogeologist, or similar
expert, with appropriate training, experience and expertise
in hazardous waste site investigation and cleanup. The
Respondents shall notify Ecology as to the identity of such
engineer(s) or hydrogeologist(s), and of any contractors and
subcontractors to be used in carrying out the terms of this
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 13
Order, in advance of their involvement at the Site.
6. Access. Ecology or any Ecology authorized
representative shall have the authority to enter and freely
move about the Facility at all reasonable times for the
purposes of, inter alia: inspecting records, operation
logs, and contracts related to the work being performed
pursuant to this Order; reviewing the progress in carrying
out the terms of this
collecting samples as
deem necessary; using
Order; conducting such
Ecology or the project
tests or
coordinator may
a camera, sound recording, or other
documentary type equipment to record work done pursuant to
this Order; and verifying the data submitted to Ecology by
the Respondents. By signing this Agreed Order, the
Respondents agree that this Order constitutes reasonable
notice of access, and agree to allow access to the Facility
at all reasonable times for purposes of overseeing work
performed under this Order. Ecology shall allow split or
replicate samples to be taken by the Respondents during an
inspection unless doing so interferes with Ecology's
sampling. The Respondents shall allow split or replicate
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 14
samples to be taken by Ecology and shall provide 7 days
notice before any sampling activity.
7. Public Participation. The Respondents shall prepare a
public participation plan for the Facility. Ecology shall
maintain the responsibility for public participation at the
Facility.
The Respondents shall help coordinate and implement public
participation for the Facility.
8. Retention of Records. The Respondents shall preserve
in a readily retrievable fashion, during the pendency of
this Order and for 10 years from the date of completion of
the work performed pursuant to this Order, all records,
reports, documents, and underlying data in its possession
relevant to this Order. Should any portion of the work
performed hereunder be undertaken through contractors or
agents of the Respondents, then the Respondents agree to
include in their contract with such contractors or agents a
record retention requirement meeting the terms of this
paragraph.
9. Dispute Resolution. The Respondents may request
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 15
Ecology to resolve disputes which may arise during the
implementation of this Order. Such request shall be in
writing and directed to the signatory to this Order.
Ecology resolution of the dispute shall be binding and
final. The Respondents are not relieved of any requirement
of this Order during the pendency of the dispute and remain
responsible for timely compliance with the terms of the
Order unless otherwise provided by Ecology in writing.
10. Reservation of Rights/No Settlement. This Agreed Order
is not a settlement under ch. 70.105D RCW. Ecology's
signature on this Order in no way constitutes a covenant not
to sue or a compromise of any Ecology rights or authority.
Ecology will not take additional enforcement actions against
the Respondents to require those remedial actions required
by this Agreed Order, provided the Respondents comply with
this Agreed Order. Ecology reserves the right, however, to
require additional remedial actions at the Facility should
it deem such actions necessary.
In the event Ecology determines that conditions at the
Facility are creating or have the potential to create a
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 16
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 Respondents to stop further implementation of this
Order for such period of time as needed to abate the danger.
11. Transference of Property. No voluntary or involuntary
conveyance or relinquishment of title, easement, leasehold,
or other interest in any portion of the Facility shall be
consummated by the Respondents without provision for
continued implementation of all requirements of this Order
and implementation of any remedial actions found to be
necessary as a result of this Order.
Prior to transfer of any legal or equitable interest
the Respondents may have in the Facility or any portions
thereof, the Respondents shall serve a copy of this Order
upon any prospective purchaser, lessee, transferee,
assignee, or other successor in such interest. At least 30
days prior to finalization of any transfer, the Respondents
shall notify Ecology of the contemplated transfer.
12. Compliance with Other Applicable Laws. All actions
carried out by the Respondents pursuant to this Order shall
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 17
be done in accordance with all applicable federal, state,
and local requirements.
VI.
Satisfaction of this Order
The provisions of this Order shall be deemed satisfied
upon the Respondents receipt of written notification from
Ecology that the Respondents have completed the remedial
activity required by this Order, as amended by any
modifications, and that all other provisions of this Agreed
Order have been complied with.
VII.
Enforcement
1. Pursuant to RCW 70.105D.050, this Order may be enforced
as follows:
A. The Attorney General may bring an action to
enforce this Order in a state or federal court.
B. The Attorney General may seek, by filing an
action, if necessary, to recover amounts spent by
Ecology for investigative and remedial actions and
orders related to the Facility.
Richardson's Airway, Inc.
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Agreed Order
No. 91TC-C
Page 18
C. In the event the Respondents refuse, without
sufficient cause, to comply with any term of this
Order, the Respondents will be liable for:
(1) up to three times the amount of any costs
incurred by the State of Washington as a
result of the Respondents to comply; and
(2) civil penalties of up to $25,000 per day for
each day the Respondents refuse to comply.
D. This Order is not appealable to the Washington
Pollution Control Hearings Board. This Order may
be reviewed only as provided under Section 6 of
ch. 70.105D RCW.
Effective date of this Order:
YAKIMA AIR TERMINAL STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
By By
Mr. Bruce Loy Mr. Anthony W. Grover
Section Manager
RICHARDSON'S AIRWAY, INC. Toxics Cleanup Program
Central Regional Office
By
Mr. Ralph Richardson
€► TY CONTRACT NO: 9 7 444
Richardson's Airway, Inc.
Yakima Air Terminal
Agreed Order
No. 91TC-C
Page 19
October 3, 1991
yatorder
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
Meeting of
12/3/91
ITEM TITLE: Resolution authorizing the Yakima Airport Manager to
execute an Agreed Order regarding environmental remediation.
SUBMITTED BY: Bruce Loy, Airport Manager
CONTACT PERSON/TELEPHONE: Raymond L. Paolella, Asst. City Attorney
575-6030
SUMMARY EXPLANATION: Pesticide contamination and hazardous sub-
stances are believed to be present in the soil at the Richardson's
Airway, Inc. site at the Yakima Air Terminal. The Department of
Ecology has designated this site as a high priority site for
environmental remediation based upon the belief that the contami-
nation threatens the shallow groundwater aquifer in this area.
The Yakima Air Terminal was designated a potentially liable party
by the Department of Ecology on July 25, 1991 under the Model
Toxics Control Act, RCW Chapter 70.105D. The Department of Ecolo-
gy has requested that the Air Terminal sign an Agreed Order with
Richardson's Airway, Inc. for the purpose of conducting a remedial
investigation/feasibility study of the contamination problems and
recommend possible cleanup options. The attached resolution will
authorize the Airport Manager to sign the Agreed Order.
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X RESOLUTION
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*
*
ORDINANCE CUTIRACT
NOTIFICATION LIST X OTHER Agreed Order
* APPROVED EOR SUBMITTAL:
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PLAN/MAP
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STAFF RECOMMENDATION: Adopt resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. D-6028
(state/rchrdsn.rp)
CITY CONTRACT NO: -9±:±th