Portland Harbor Superfund Site

Overview of Statutes CERCLA - Federal law –Provides EPA with authority for clean up –Provides for liability, compensation, cleanup and emergency response for hazardous substances –Retroactive and strict liability ORS Chapter 465 and 466 – State law –Addresses hazardous waste and materials and removal/remedial action costs incurred –Strict liability –Parties can pursue state agencies for costs incurred to remediate and for damages to natural resources –State agencies can pursue private parties for reimbursement of costs

Background May 1997 – EPA and DEQ river sediment study March 1998 – Completed study found contaminated sediments Contaminants – PCBs, PAHs, pesticides, metals, dioxin, phthalates Nov – 10 parties formed Portland Harbor Group June 1999 – Portland Harbor Group Management Plan completed

Background Dec – Portland Harbor listed on NPL 2000 – EPA sends General Notice Letters to 69 parties 2001 – MOU signed between EPA, DEQ, NMFS, USFWS, ODFW, 6 Tribes 2001 – LWG formed and AOC signed between LWG and EPA – Sampling occurred 27 discrete areas of contamination identified 2008 – EPA sent 104(e) letters

Anticipated Schedule Oct – Draft RI Mid Finalize RI and Draft FS Mid Finalize FS Late ROD

After ROD Issued, EPA has the authority to: Create a Remedial Design that includes engineering plans and specs to conduct clean up Construct and implement the clean up Monitor the Site after clean up

What May Need to be Remedied 3.Depositional area 1.Navigation channel 4.Upland source soil 5.Surface water discharge 2.Near Shore contamination 6.Damaged natural resources

“Pool” of Potentially Liable Parties Individuals and/or entities that: Have operated back from waterfront, but whose contamination has run into the Willamette River Have “released” contaminants in sanitary or storm sewage except under conditions where the release was subject to (and not in violation of) a “federal permit”

ODOT and the Portland Harbor Superfund Site ODOT not named a PRP, but singled out as a potentially liable contributor by other parties LWG sent ODOT Tolling Agreement under threat of lawsuit for failure to sign in 2006 ODOT signed in Nov Allows ODOT and LWG to negotiate potential contributions to clean up without filing lawsuits ODOT is a participant in allocation alternative dispute resolution and NRD processes

ODOT and the Portland Harbor Superfund Site In Jan EPA mailed CERCLA 104(e) information requests to ~280 entities ODOT received a 104(e) letter ODOT filed response in Aug and provided: As Builts ROW Files and Maps Maintenance Files and Permits Materials Lease and Property Management Information Environmental Permits and Reports HazMat Info Drainage Studies and Reports

Natural Resource Damage (NRD) Brought by ODFW, NMFS, USFWS, and Tribes Assert claim arising from injuries to resources belonging to, managed by, and held in trust/controlled ODOT involved in first phase

DEQ and Source Control DEQ focusing source control efforts on: –High priority sites –Stormwater DEQ reviewing results of Downtown Portland Sediment Characterization to assess –Area-wide sediment contamination –Potential threat of recontamination by downtown reach DEQ to develop a strategy to treat and remove hot spots

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