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Oregon Bulletin

March 1, 2013

 

OTHER NOTICES

REQUEST FOR COMMENT
RECOMMENDED REMEDIAL ACTIONS, PROPOSED CONSENT JUDGMENT FOR PROSPECTIVE PURCHASE AGREEMENT,
WILLAMALANE PARK AND RECREATION DISTRICT, LANE COUNTY, OREGON

COMMENTS DUE: April 1, 2013

PROJECT LOCATION: Across Weyerhaeuser Road from the intersection of Pumice Place and S 61st Street, Southeast Springfield

PROPOSAL: The Willamalane Park and Recreation District is proposing to acquire the closed Weyerhaeuser Truck Road woodwaste landfill property from Weyerhaeuser to provide productive use and beneficial redevelopment of the property as a park. The landfill leaches low levels of metals such as iron and manganese to groundwater, and produces leachate that is currently discharged to the local wastewater treatment plant. Actions are proposed to be taken to reduce the migration of metals to groundwater and to reduce the generation of leachate.

Weyerhaeuser began operation of the landfill in about 1953 for disposal of wood debris, log pond dredgings, lime grits, fly ash, mud, and rocks from Weyerhaeuser’s former Springfield mill complex. Active landfill operations were discontinued in 1982, at which time a final cover of fly ash and pond dredgings were graded over the landfill. Weyerhaeuser received a closure permit from DEQ on October 7, 1985. Weyerhaeuser continues to meet permit requirements including maintenance, monitoring and regular reporting to DEQ.

DEQ supports the proposed remedial actions to address the contamination and continued generation of leachate. These remedial actions include installing an engineered, low-permeability cover over the landfill to improve stormwater conveyance systems at the landfill and to prevent stormwater from soaking into the existing, permeable landfill cap and waste. DEQ also supports evaluating the potential for changing the leachate management system to reduce the size of (or eliminate the need for) a leachate storage lagoon.

DEQ’s proposed consent judgment requires that plans be submitted to complete the remedial actions to DEQ for review, approval, and implementation. The landfill will continue to be managed under a DEQ solid waste disposal closure permit.

DEQ’s prospective purchaser agreement program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The prospective purchase agreement is a tool that expedites the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a contaminated site.

The proposed consent judgment will provide Willamalane with a release from liability for claims by the State of Oregon under ORS 465.200 to 465.545 and 465.990, 466.640, and 468B.310 regarding existing hazardous substance releases at or from the property. The proposed consent judgment will also provide Willamalane with third party liability protection.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Eugene office at 165 E 7th Ave, Ste 100, Eugene, OR 97401. To schedule an appointment to review the file or to ask questions, please contact Bill Mason at (541) 687-7427. Summary information and a copies of the documents referenced above are available in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet. To review this material, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 5777 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5777 in the Site ID/Info column. To be considered, written comments should be sent to Bill Mason, Project Manager, at the address listed above or by email at mason.bill@deq.state.or.us, and must be received by 5:00 PM on Monday, April 1, 2013. A public meeting will be held upon written request by ten or more persons or by a group with a membership of 10 or more.

THE NEXT STEP: DEQ will consider all public comments received by the date and time stated above before making a final decision regarding the proposed remedial actions taken at the site. A public notice of DEQ’s final decision will be issued in this publication.

ACCESSIBILITY INFORMATION: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications & Outreach (503) 229-5696 or toll free in Oregon at (800) 452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us. People with hearing impairments may call DEQ’s TTY number, (800) 735-2900 or 711.

A CHANCE TO COMMENT ON
A PROPOSED CONSENT ORDER FOR A PROSPECTIVE PURCHASER AGREEMENT
AT THE FORMER WESTWOOD LUMBER MILL SITE

COMMENTS DUE: March 30, 2013

PROJECT LOCATION: 32941 East Saginaw Road, Saginaw, Lane County, Oregon

PROPOSAL: The Department of Environmental Quality (DEQ) is proposing to enter into a Consent Order for a Prospective Purchaser Agreement (PPA) with Nevada Wood Preserving, Inc. (Nevada Wood) for the former Westwood Lumber mill site.

HIGHLIGHTS: The former Westwood Lumber Mill was developed sometime in the 1930s and operated until 2011. Various different wood processing activities occurred at the site including the treatment of wood with pentachlorophenol. Recent environmental investigations document that historical actitivities at the site resulted in naphthalene impacts to the shallow soils, shallow isolated areas of petroleum contamination in soil, minor localized shallow petroleum groundwater contamination, and dioxin contamination to near-surface soils and river sediments.

Nevada Wood is acquiring the Property and has agreed to conduct environmental activities including the following: excavating naphthalene-contaminated soil, capping and/or maintaining an asphalt cap over dioxin-contaminated soil, and evaluating the effect of historical practices by past operators on the sediments in the on-site stormwater system and in the Coast Fork of the Willamette River. If necessary, Nevada Wood will place an easement and equitable servitude on the site that may require maintaining the cap, placing no fishing signs along the site, and restricting placement of future groundwater wells within certain areas of the site. Nevada Wood will redevelop the site for timber-related activities, including as a raw wood products storage and redistribution facility.

Nevada Wood’s redevelopment and remediation plans provide a substantial benefit to the State of Oregon by preventing additional contribution of dioxins to the Coast Fork of the Willamette River, removing heavily contaminated soil, and, if necessary, by reducing the likelihood of fishing along the length of the site. In addition, an unused brownfield property will be developed into a timber-related industrial facility, providing additional local tax revenue and jobs to the local economy.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a property with existing contamination. DEQ has approved more than 90 Prospective Purchaser Agreements throughout the State since the program began.

The proposed Consent Order will provide Nevada Wood with a release from liability for claims by the State of Oregon under ORS ¦465.255 relating to any historical releases of hazardous substances at or from the Property. The proposed Consent Order will also provide Nevada with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the Property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

HOW TO COMMENT: The proposed Consent Order and DEQ file on the Property may be reviewed at DEQ’s Western Region office in Eugene by contacting Geoff Brown at (541) 686-7819. Upon written request by ten or more persons, or by a group having ten or more members, a public meeting will be held to receive verbal comments on the proposed Consent Order. Written comments concerning the proposed Consent Order should be sent to Cheyenne Chapman at DEQ Headquarters, 811 SW 6th Avenue, Portland, Oregon 97204. Comments must be received by DEQ by 5:00 pm March 30, 2012. Questions may be directed to Ms. Chapman at that address or by calling (503) 229-6461.

THE NEXT STEP: DEQ will consider all public comments. A final decision concerning the proposed Consent Order will be made after consideration of public comments.

A CHANCE TO COMMENT ON
PROPOSED CONSENT JUDGMENT FOR A PROSPECTIVE PURCHASER AGREEMENT
AND PROPOSED RECORD OF DECISION FOR ACTIONS REQUIRED TO PROTECT HUMAN HEALTH AT
FORMER BOISE-CASCADE MINTO ISLAND PROPERTY, SALEM, OREGON

COMMENTS DUE: March 31, 2013

PROJECT LOCATION: North end of Minto-Brown Island, Salem, Oregon.

PROPOSAL: The Department of Environmental Quality (DEQ) is proposing to enter into a Consent Judgment for a Prospective Purchaser Agreement (PPA) with the City of Salem for the Boise-Cascade Minto Island property located at the north end of the Minto-Brown Island, Salem, Oregon (the “Property”). Concurrent with this PPA, DEQ is proposing remedial actions in a Record of Decision (ROD) that are needed to protect the health of site workers and park visitors.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a property with existing contamination. DEQ has approved more than 100 Prospective Purchaser Agreements throughout the State since the program began.

HIGHLIGHTS: The City of Salem is acquiring the Property from Boise-Cascade as a conservation area. The 310-acre property contains important riparian floodplain areas that provide habitat for many fish and wildlife species, and benefits to water quality and flood protection. When combined with the City’s Minto-Brown Island Park, acquisition of the Property will provide public ownership and management of over 1,200 acres of key Willamette River floodplain.

Parts of the island property were used historically for wastewater treatment and solid waste disposal. Soil and sediment samples collected from the former wastewater ponds and landfill at the property contain low levels of dioxins and PAHs that could exceed DEQ cleanup levels were people allowed unrestricted access to the those areas. The city has conducted an evaluation of the property and has proposed actions to protect the public from the contamination.

The city must use signs or fences near paths through the former industrial areas to protect recreational users from contact with the soil and sediment contamination in the former industrial ponds and the landfill areas. In addition, the city must inspect and maintain existing caps that cover former landfill and wastewater treatment pond sediments. Groundwater use on the property is also prohibited. With these actions DEQ has determined the property will be safe for its proposed use as a natural area and passive use park.

The proposed Consent Judgment will provide the City of Salem with a release from liability for claims by the State of Oregon under ORS ¦465.200 to 465.990, 466.640, and 468B.310 regarding existing hazardous substance releases at or from the Property. The proposed Consent Judgment will also provide the City of Salem with third party liability protection. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

HOW TO COMMENT: Written comments concerning the proposed Consent Judgment should be sent to Susan Turnblom, turnblom.susan@deq.state.or.us, at DEQ’s Western Region Office, 165 East 7th Avenue, Suite 100, Eugene, Oregon, 97401-3049. Comments must be received by DEQ by 5:00 pm April 1, 2013. Questions may be directed to Ms. Turnblom at that address or by calling (541) 687-7464. The proposed Consent Judgment and DEQ file on the Property may be reviewed at DEQ’s Western Region office in Eugene by contacting Denise Miller at (541) 686-7809.

To access information online: http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=355&SourceIdType=11

Upon written request by ten or more persons, or by a group having ten or more members, a public meeting will be held to receive verbal comments on the proposed Consent Judgment.

THE NEXT STEP: DEQ will consider all public comments. A final decision concerning the proposed Consent Judgment will be made after consideration of public comments.

Request for Comments
Proposed Sediment Cleanup for Portland Willamette Slough Inlet

Comments due: 5 p.m., Monday, April 1, 2013

Project location: Inlet off the Whitaker Slough, an arm of the Columbia Slough between NE 59th Place and NE 63rd Ave

Proposal: The DEQ proposal includes dredging metal-contaminated sediment from the central portion of the inlet and entombing it within a protective cap along the adjacent shoreline area. The cap would be designed to create wetland benches which would be planted with native vegetation. If sufficient space is not available to contain all contaminated sediment in these areas, excess sediment would be removed from the inlet and disposed of at a permitted location.

This action is consistent with the remedial approach for the Columbia Slough which includes cleanup of “hot spot” areas of sediment contamination. Once the most highly contaminated sediment is addressed, DEQ expects contaminant concentrations in surface sediments to decline over time as clean sediment covers residual contamination.

Highlights: The Whitaker Slough inlet is approximately 1-acre in size and located 1 mile east of the confluence with the main stem of the Columbia Slough. The sediment in the inlet became contaminated primarily as a result of stormwater discharge via the adjacent Portland Willamette Company facility’s private outfalls and discharges to City of Portland Outfall 77a from Columbia Blvd, Portland Blvd, and a number of commercial properties. Beginning in 2007, Portland Willamette Company completed a stormwater source control evaluation. Following this evaluation, the company cleaned out a ditch containing roofing debris and implemented best management practices for stormwater runoff. The City of Portland Stormwater Group is overseeing stormwater management at the facility under its stormwater discharge permit.

In 2009, Portland Willamette Company entered into a settlement with DEQ and received a release from liability for sediment contamination associated with its facility. DEQ is currently negotiating settlement with the City of Portland and the Oregon Department of Transportation for historical impacts resulting from Outfall 77a discharges. Funds from these settlements will be used to complete the cleanup of the inlet sediments.

The proposed remedy is consistent with Oregon rule and statute and, if properly implemented, protective of public health and the environment – Revised Statutes 465.200 ets seq. and Oregon Administrative Rules Chapter 340, Division 122, Sections 0010 through 0115.

How to comment: Send comments by 5 p.m., April 1, to DEQ Project Manager Jennifer Sutter at 2020 SW 4th Ave., Ste. 4000, Portland, OR 97201, sutter.jennifer@deq.state.or.us or 503-229-6148.

To review the project file, call the DEQ file specialist at 503-229-6729 for a file review appointment.

To access the site staff report and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter 1283 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 1283 in the Site ID/Info column.

The next step: DEQ will consider all public comments and the DEQ NWR regional administrator will make and publish the final decision after consideration of these comments.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

OPPORTUNITY TO COMMENT
ANALYSIS OF BROWNFIELD CLEANUP ALTERNATIVES,
Dimmick Tower Property, Grants Pass, Oregon

Comment Due: March 30, 2013

Project Location: Grants Pass, Oregon

Proposal: The Department of Environmental Quality (DEQ) is providing notice for a public opportunity to review and comment on the Analysis of Brownfield Cleanup Alternatives (ABCA) for the Dimmick Tower property (Site) located on 751 NW Dimmick Street, Grants Pass, Oregon. The ABCA details the analysis and selection of protective cleanup options designed to address contamination at the Site.

Dimmick Tower is a five-story building, comprising a total of approximately 60,000 square feet, located within the 2‐acre Josephine Garden property owned by Josephine County. Based on a review of previous environmental reports, the Dimmick Tower was built in 1963 and was used as a hospital until 2001. The current goal of the County is to have the Dimmick Tower demolished. How?ever, prior to building demolition, several materials are required to be properly removed from the site in order to meet regulatory requirements. These materials include the following: asbestos containing materials (ACMs); petroleum products and chemicals; mercury switches; fluorescent light tubes and ballasts; and freon.

The ABCA, as well as more information concerning site-specific investigations is available in DEQ’s Environmental Cleanup Site Information (ECSI) database located on the web at http://www.deq.state.or.us/lq/ecsi/ecsi.htm under Site ID 4726.

Site specific information is also available by contacting David Anderson, DEQ’s project manager for this site. The Administrative File for this facility is located at DEQ’s Bend office, and can be reviewed in person by contacting project manager at the number below to arrange for an appointment.

How to Comment: The public comment period will extend from March 1 to 30, 2013. Please address all comments and/or inquiries to project manager at the following address:

David Anderson

Department of Environmental Quality

475 NE Bellevue Dr, Suite 110

Bend, OR 97701

(541) 633-2012

anderson.david@deq.state.or.us

Upon written request by ten or more persons or by a group with a membership of 10 or more, a public meeting will be held to receive verbal comments.

The Next Step: DEQ will consider all public comments received before finalizing the selected remedial action for the site. DEQ will provide written responses to all received public comments.

Request for Comments
Proposed Conditional No Further Action for Heritage Villa Site

Comments due: 5 p.m., April 1, 2013

Project location: 8110 Highway 39, Henley, OR

Proposal: The Oregon Department of Environmental Quality’s Leaking Underground Storage Tank Program proposes to issue a conditional no further action determination for (CNFA) determination for the Heritage Villa site in Henley, Klamath County. The property, a former gas station, is comprised of a large storage garage, a mobile home, a single-family residence, and two multi-family residences.

Highlights: The Heritage Villa site was historically a gas station and subsequently had commercial retail stores. Two underground storage tanks (USTs) that were used to store gasoline, were decommissioned by removal approximately 30 years ago. Petroleum contamination at the site is generally the result of historic releases from the USTs. Site investigations showed that groundwater contamination at the site migrated off the property in a southerly direction; the magnitude and extent of contamination have been identified. Groundwater at the site has been monitored since early 2012. A risk-based assessment was performed and showed that with restrictions on the use of shallow groundwater, the residual contamination does not pose an unacceptable risk to human health or the environment.

How to comment: Send comments by 5 p.m., April 1, 2013, to DEQ Project Manager Joe Klemz, 475 NE Bellevue Dr, Ste 110, Bend, OR 97701, klemz.joe@deq.state.or.us or fax to (541)388-8283.

To access site summary information and other documents in DEQ’s LUST database, go to www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp, enter 18- 97- 0005 in the LUST Number box and click “Lookup” at the bottom of the page. Next, click the link labeled 18-97-0005 in the Log Number column.

To review the project file, call Joe Klemz in Bend at (541) 633-2015 for a file review appointment.

The next step: DEQ will consider all public comments received before making a final decision on the proposed conditional no further action determination. DEQ will provide written responses to all public comments received.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at (800)-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

Request for Comments
Proposed No Further Action for Former Bear Valley Store

Comments due: 5 p.m., April 1, 2013

Project location: Highway 395 and First St., Seneca

Proposal: The Oregon Department of Environmental Quality’s Brownfields Program proposes to issue a no further action determination for the former Bear Valley Store site located at Highway 395 and First St., Seneca. DEQ issues a no further action determination when a cleanup has met regulatory standards.

Highlights: The Bear Valley Store was located on the property until the entire store complex burned down in 1981. The store at one time dispensed petroleum products. The site is currently a vacant lot. Petroleum contamination was discovered associated with four underground storage tanks (USTs). The USTs were decommissioned in 2000 and 2001. Approximately 150 tons of petroleum contaminated soil were excavated and transported off-site for disposal.

Remaining soil and groundwater contamination present at the site was determined by DEQ not to pose a risk to human health or the environment. A Notice of Environmental Contamination will be recorded on the property. The Brownfield Program has determined that no further action is required.

How to comment: Send comments by 5 p.m., April 1, 2013, to DEQ Project Manager Katie Robertson by phone at 541-278-4620, by mail at 700 SE Emigrant, Suite 330, Pendleton, OR 97801, by e-mail at robertson.katie@deq.state.or.us or by fax at 541-278-0168.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” link, enter 3075 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 3075 in the Site ID/Info column. To review the project file, contact the project manager above for a file review appointment.

The next step: DEQ will consider all public comments received before making a final decision on the proposed no further action determination. DEQ will provide written responses to all public comments received.

Accessibility information: DEQ is committed to accommodating people with disabilities. If you need information in another format, please contact DEQ toll free in Oregon at 800-452-4011, email at deqinfo@deq.state.or.us, or 711 for people with hearing impairments.

Request for Comments
Proposed No Further Action Determination for The Dalles Disposal Site

COMMENTS DUE: Monday, April 1, 2013, 4:30 p.m.

PROJECT LOCATION: 2652 River Road, The Dalles, Oregon

PROPOSAL: The Oregon Department of Environmental Quality is proposing to issue a conditional no further action determination for The Dalles Disposal site. DEQ issues a no further action determination when a cleanup project has met regulatory standards.

HIGHLIGHTS: The 16-acre site includes approximately 4 acres that were used as a city landfill from the 1930s until the 1950s. Since 1975, this land has been used as a parking lot for The Dalles rodeo. Most of the site is covered with gravel that has been placed over the years as a parking surface. It is immediately south of the former Martin Marietta Superfund Site, which includes the former Northwest Aluminum plant where aluminum was manufactured from 1958 until 2002.

At DEQ’s request, the owner conducted a site investigation in 2010 and 2011 that included the following:

-Sediment and surface water sampling of nearby wetlands,

-Geophysical survey of the landfill,

-Soil gas sampling on the landfill,

-Test pit construction and soil sampling

-Installation and sampling of five groundwater monitoring wells and sampling of an existing monitoring well

Based on this information, a human health and ecological risk assessment was conducted, which indicates that residual contamination does not exceed acceptable risk levels. As a precaution, DEQ requires that the gravel cover is maintained and a deed notice is issued to inform people of the presence of the landfill.

DEQ will issue a no further action determination for the site that is contingent on maintenance of the gravel cover, and issuance of the deed notice. This site will remain on DEQ’s Confirmed Release List as long as these controls are in place.

HOW TO COMMENT: Send written comments fax, mail or email to:

Bob Schwarz, DEQ Project Manager

400 E. Scenic Drive, Suite 307

The Dalles, Oregon 97058

Fax: 541-298-7330

Email: Schwarz.bob@deq.state.or.us

Written comments should be sent by Monday, April 1, 2013. To schedule an appointment or to obtain a copy of the staff report, please contact Mr. Schwarz by email or by phone (541-298-7255, ext. 230).

THE NEXT STEP: DEQ will consider all comments received. A final decision concerning the proposed no further action determination will be made after consideration of public comments.

ACCESSIBILITY INFORMATION: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or e-mail to deqinfo@deq.state.or.us.

People with hearing impairment may call DEQ’s TTY number, 711.

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