Oregon Bulletin
April 1, 2011
OTHER NOTICES
COMMENTS DUE: 5 p.m., Monday, May 2,
2011
PROJECT LOCATION: The former
Frontier Leather site is located at 15104 SW Oregon Street (formerly 1210 NE
Oregon Street), in Sherwood, Oregon. The Ken Foster Farm property is a 40-acre
tract of former pasture land located at 23000 to 23500
SE Murdock Road in the southeast corner of Sherwood.
INFORMATION MEETING: 6:30 p.m.
to 8 p.m., Thursday, April 7; Clackamas Community College, Wilsonville Campus;
Room 112; 29353 SW Town Center Loop East, Wilsonville.
PROPOSAL: DEQ proposes to enter
into a settlement with two potentially liable parties for cleanup of these
sites. The parties are Linke Enterprises, the owner
and former operator of the Frontier Leather site, and Don Nelson who worked for
Frontier Leather Company as plant manager from 1966 to1972 and as general
manager from 1972 until 1988.
The settlement would be in the form of a consent
judgment. The settlement would require the parties to pay DEQ specified amounts
to be used by DEQ for future cleanup and wetlands restoration of these sites.
In return, the settling parties would receive a covenant not to sue from the
State of Oregon and contribution protection as to third parties regarding the
matters addressed by the settlement.
The proposed settlement amount is less than needed to
completely cleanup chromium contamination at both sites. Because the
contamination does not present a significant risk to human health at either
site, DEQ intends to use the settlement funds primarily for cleanup and
restoration of wetland habitat at each site.
HIGHLIGHTS: The Frontier Leather Company
began operating a tannery at the site in 1947. The company constructed two
three-acre sedimentation lagoons between late 1964 to early 1965. The company
discharged wastewater to these sedimentation lagoons intermittently between
1965 and 1982. The company stockpiled chromium-treated hide splits on Tax Lot
600 and buried an estimated 21,000 cubic yards of chromium-containing wastes at
the facility between 1971 and 1974. Some of the hide splits were later covered
with approximately two feet of soil but portions of the landfill was not
adequately consolidated and capped to control possible direct contact or
surface water runoff.
Cleanup of a portion of the tannery began in 2002 under
a prospective purchaser agreement between Pacific III, LLC and DEQ. The former
tannery building, wastewater treatment facility, and former battery
manufacturing building were located on these land parcels and have been
removed. The prospective purchaser agreement defined the cleanup required by
Pacific III LLC in exchange for DEQ limiting the company’s future liability for
cleanup costs at the site. DEQ approved the required work the company did on
each parcel.
In 2002, DEQ designated the part of the Frontier
Leather facility property that was not included in the prospective purchaser
agreement as a DEQ orphan site. An orphan site is one where the party or
parties responsible for the contamination are unknown, unable or unwilling to
pay for needed investigation and cleanup.
DEQ completed an investigation and feasibility study
during 2003 and 2004 but did not finalize a cleanup plan because of lack of
funds to complete the work.
DEQ uncovered records from the former tannery
indicating that tannery wastes were land-applied to a 40-acre tract of former pasture land at Ken Foster Farms during the 1960s. Ken
Foster was an employee of the Frontier Leather Company. The farmland was later
subdivided into eleven smaller tracts and redeveloped as very-low-density residential properties.
DEQ initiated evaluation of the farm
land and referred the site to the US Environmental Protection Agency for
further evaluation. Investigations of the farm confirmed the presence of high
concentrations of chromium in surface soils consistent with land application of
the tannery wastes. EPA also found contamination in a wetland pond at this
site. In 2007, EPA published findings of their assessment of the former Ken
Foster Farm site.
DEQ completed a risk assessment for the Ken Foster Farm
site in 2007, and concluded that the site did not pose a significant risk to
human health, but could present an unacceptable risk to birds and other
wildlife through contact with soil.
HOW TO COMMENT: Send
written comments on the proposed settlement by 5 p.m. May 2, 2011, to DEQ
Project Manager Mark Pugh, DEQ Northwest Region, 2020 SW 4th Ave., Suite 400,
Portland, Oregon 97201, or e-mail to pugh.mark@deq.state.or.us
View the proposed settlement at
http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=2638&SourceIdType=11
Please call, File Review Specialist Dawn Weinberger at
503-229-6729 to schedule an appointment to review the project files. If you
have any questions, please contact the project manager at 503-229-5587.
THE NEXT STEP: DEQ will review and
consider all comments received during the comment period. If DEQ then
determines to enter into the settlement with Linke Enterprises and Don Nelson, a consent judgment will be filed with the
Washington County Circuit Court. The court must approve the consent judgment
for it to take effect.
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 711.
COMMENTS DUE: April 30, 2011
PROJECT LOCATION: 8970 North
Bradford Street, Portland
PROPOSAL: Pursuant to 465.320, the Oregon
Department of Environmental Quality (DEQ) invites public comment on DEQ’s proposal to issue a no further action (NFA)
determination and source control decision for the upland portion of the Former
Mar Com South Site.
HIGHLIGHTS: The 7.3-acre site is
located in the St. Johns area of north Portland adjacent to the Willamette
River adjacent to the Port of Portland auto storage facility and Cathedral
Park. Historic operations at the site primarily included boat, ship and barge construction
and repair, but other activities included sawmill, warehouse, machine shop,
furniture repair and commercial marine operations. Currently, there are no
buildings located on the site. DEQ, the former property tenant and the current
property owners conducted various soil, groundwater and stormwater investigations at the site. In 2010, DEQ and the property owner completed a
Remedial Investigation, Risk Assessment and an upland Source Control Evaluation for the site. In September and October 2008, two
areas of soil contaminated with petroleum hydrocarbons and polycyclic aromatic
hydrocarbons (PAHs) and spent sandblast grit were
excavated and removed as an interim remedial action. The grit, which contained
some metals, was removed because of its erosion potential to the Willamette
River. A total of 124.51 tons of grit and 864 cubic yards of soil were
transported to Hillsboro Landfill for disposal. Post-excavation sampling and
residual risk assessments indicate low levels of contamination remaining on site
but do not pose unacceptable risk to human or ecological receptors. Stormwater and other contaminant transport pathways to the
river were also evaluated for the upland portion of the site and determined to
not be of concern. Required site improvements under the City of Portland
Greenway program have also been implemented. Areas of the site along the beach
will be evaluated in 2011 and potential future actions will be under EPA
jurisdiction. Current site zoning is industrial, and the site is expected to be redeveloped for industrial use. Based on
this information, DEQ proposes to issue a no further action determination and
source control decision for the upland portion of the Former Mar Com South site.
HOW TO COMMENT: The project file may
be reviewed by appointment at the Department of Environmental Quality,
Northwest Region, 2020 SW 4th Avenue, Suite 400,
Portland, OR 97201. Contact Dawn Weinburger at (503)
229-6729 to review project records. Written comments should be sent to the
project manager, Mike Romero (503-229-5563) by 4:30 PM on April 30, 2011. To
access site summary information in DEQ’s Environmental Cleanup Site Information (ECSI) database, go to
http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter ECSI#2350 in the
Site ID box and click “Submit” at the bottom of the page.
THE NEXT STEP: DEQ will consider all
comments received and make a final decision.
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, (503) 229-5471.
COMMENTS DUE: 5 p.m., April 30, 2011
PROJECT LOCATION: Willamette
River Mile 15
PROPOSAL: The Department of
Environmental Quality invites public comment on the proposed conditional
approval of environmental cleanup action at the Ross Island Sand and Gravel
site. This is also known as a conditional no further action determination. DEQ
is also proposing to issue Ross Island Sand and Gravel a Certificate of
Completion for remedial action obligations described in their Consent Order
with DEQ.
HIGHLIGHTS: Ross Island Sand and
Gravel is a major supplier of aggregate in the Portland area. From the 1920s
until the summer of 2001, the company mined and processed sand and gravel from
the Willamette River at the site. To meet site reclamation requirements, Ross
Island Sand and Gravel began importing fill material in the early 1980s. Some
of the material the company obtained from Port of Portland shipyards was
determined to be unsuitable for unconfined open water disposal due to the
presence of contaminants. This material was placed in depressions within the
lagoon and covered with clean material creating “confined aquatic disposal”
sites. In 1999, DEQ discovered that Ross Island Sand and Gravel mining
activities had extended into one of the capped areas resulting in a breach of a
confined cell.
Between 1999 and 2002, Ross Island Sand and Gravel and
the Port of Portland conducted environmental investigations at the site which identified the following contamination as
potentially posing unacceptable risk to human health and the environment:
• Elevated concentrations of zinc
and arsenic in surface soil samples collected in the vicinity of the processing
plant.
• Polynuclear aromatic
hydrocarbons (PAHs) detected in surface soil
immediately adjacent to the southern portion of the lagoon at concentrations
that could pose a threat to fish and wildlife within the lagoon if the soil
migrated to the lagoon by erosion.
• Contaminated material removed from lagoon disposal
cell 5 during mining activities that were relocated to the eastern portion of
the main process settling pond.
• PAHs detected at levels
slightly exceeding USEPA Ambient Water Quality Criteria in a grab groundwater
sample collected adjacent to the southern portion of the lagoon.
• Elevated concentrations of PAHs,
metals, and polychlorinated biphenyls (PCBs) detected in a limited number of
surface sediment samples collected from the southern portion of the lagoon
where reclamation filling has occurred and in the vicinity of the recapped
breach area.
• Elevated pH detected at several locations along the
southern shoreline of the lagoon assumed to result from the placement of
concrete wastes as fill.
• Highly contaminated material present in the five
confined disposal cells used for management of material dredged from Port of
Portland facilities.
Ross Island Sand and Gravel completed the following
cleanup at each of these sites in compliance with the December 2005 DEQ Record
of Decision:
• In summer 2000, closed the eastern portion of the
settling pond where contaminated material mined from CAD cell 5 and covered it
with clean sediments dredged from the western portion of the settling pond.
• In June and July 2007, removed approximately 900
cubic yards of metals-impacted soil from the processing plant area and placed
it in a prepared cell located within the capped former settling pond and capped
it with clean soil.
• In summer and fall 2007
installed a variety of erosion control measures in the southern shoreline areas
immediately adjacent to the lagoon. Measures included: installation of drainage berms, slope stabilization, and covering with clean
fill.
• In May 2007, sampled groundwater
in the southern shoreline area. Contaminant concentrations did not exceed conservative screening levels and no
further action for groundwater was determined to be necessary.
• Between 2001 and 2010,
placed approximately 2,400,000 tons of fill in the lagoon achieving a minimum
3-foot cap of clean material over contaminated sediment and further stabilizing
slopes adjacent to the southern bench area.
Ross Island Sand and Gravel prepared a Long-Term
Monitoring/Maintenance and Contingency Plan for the site addressing each
aspect of the cleanup. In addition to regular monitoring and maintenance of the
cleanup components, inspections of caps and stormwater controls will be conducted after any extreme events including: seismic events
of magnitude 6 or greater, rainfall exceeding 3.4 inches or greater in a
24-hour period, and Willamette River levels of 18 ft or greater.
Based on evaluation of the actions described above, DEQ
is
proposing that no further action be required at the Ross Island Sand and Gravel
site and that Ross Island Sand and Gravel be issued a certificate of completion
for obligations under DEQ Consent Order No. WMCVC-NWR-99-09. The proposed
cleanup approval is conditional because of the need to maintain engineering
controls and conduct long-term monitoring and maintenance of cleanup measure at
the site.
HOW TO COMMENT: A
memorandum describing the basis for the no further action and certificate of
completion proposal is available on DEQ’s web page:
http://www.deq.state.or.us/lq/cu/nwr/rossisland/index.htm. Complete site files
are available for public review at DEQ’s Northwest
Region Office in Portland. To schedule an appointment to review files, call
503- 229-6729. Send written comments to Project Manager Jennifer Sutter, DEQ
Northwest Region, 2020 SW 4th Ave., Portland, OR 97201 or sutter.jennifer@deq.state.or.us,
by Saturday, April 30, 2011. Contact Jennifer at 503- 229-6148.
THE NEXT STEP: DEQ will consider all
public comments and the DEQ Northwest Region Administrator will make and
publish the final decision after consideration of these 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 & 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 711.
COMMENTS DUE: May 2, 2011
PROJECT LOCATION: 13660 SW
Farmington Road, Beaverton, Oregon
PROPOSAL: The Department of
Environmental Quality (DEQ) is recommending soil removal, limited soil and
groundwater treatment, and institutional controls as a final remedy for the
Former Farmington Texaco site property located at 13660 SW Farmington Road,
Beaverton, Oregon. The site is located in Section 16, Township 1 South, Range 1
West, of the Willamette Baseline and Meridian (hereafter the “Property”). Work
will be performed under a Consent Judgment for a Prospective Purchaser
Agreement (PPA) with the Tualatin Hills Parks and Recreation District
(“Tualatin Hills”)
HIGHLIGHTS: Tualatin Hills is
acquiring the Property for park development. Several petroleum-related
contaminants are present in soil and groundwater beneath the property
which could pose a risk to public health or the environment. Before
purchase of the property, Tualatin Hills will enter into a PPA with DEQ. The
PPA will outline the cleanup work to be performed by Tualatin Hills after it
acquires the property and will provide certain limits and protections for
future environmental liability.
The site was used as a retail petroleum fuel facility
and automotive shop that operated until 1993. Releases of petroleum substances
into soil and groundwater were first discovered at the site in 1991.
Investigations and other removal actions have taken place at the site. However,
concentrations of various petroleum substances at the site continue to exceed
DEQ screening levels for the proposed (park) use. Tualatin Hills has conducted
additional investigations and evaluations, and has proposed actions to address
the remaining contamination.
DEQ has prepared a staff report approving the cleanup
action proposed by Tualatin Hills, which includes soil removal, in-place soil
and groundwater treatment, and institutional controls to prevent construction,
excavation, and future park worker contact with residual contamination.
Unacceptable risks to recreational users were not identified. The staff report
is available online at http://www.deq.state.or.us/lq/ecsi/ecsi.htm under ECSI
site number 5546. The Consent Judgment will require Tualatin Hills to conduct
remedial actions discussed above, and will agree to provide access to the
Property for any additional investigation and removal or remedial actions that
may be required.
DEQ’s Prospective Purchaser Program was created in 1995 through amendments
to the state’s Environmental Cleanup Law. The PPA 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
125 PPAs throughout the state since the program
began.
The proposed Consent Judgment will provide Tualatin
Hills 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 Judgment will also provide Tualatin Hills
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. The Consent Judgment is available
online at http://www.deq.state.or.us/lq/ecsi/ecsi.htm under ECSI site number
5546.
HOW TO COMMENT: Written
comments concerning DEQ’s staff report and
recommended remedial action should be sent to Rebecca Wells-Albers at DEQ’s Northwest Region Office, 2020 SW 4th Avenue, Suite
400, Portland, OR 97201-4987. Written comments concerning the proposed Consent
Judgment should be sent to Charlie Landman at DEQ
Headquarters, 811 SW 6th Avenue, Portland, Oregon 97204 or by email at landman.charlie@deq.state.or.us. Comments must be received
by DEQ by 5:00 pm May 2, 2011. Questions regarding the staff report and
recommended remedial action may be directed to Ms. Wells-Albers by calling
(503) 229-5585 or by email at wells-albers.rebecca@deq.state.or.us.
Questions regarding the Consent Judgment may be directed to Mr. Landman by calling (503) 229-6461 or email at landman.charlie@deq.state.or.us.
DEQ will conduct a public meeting to discuss the proposed PPA and
staff report on April 20, 2011, at 7 PM at the Tualatin Valley Fire &
Rescue Fire station located at 13730 SW Butner Road,
Beaverton Oregon, 97005. DEQ will present information about the PPA and the
staff report at this meeting.
THE NEXT STEP: DEQ will consider all
public comments. A final decision concerning the proposed remedial action and
the Consent Judgment will be made after consideration of public comments.
Comment Due: May 2, 2011
Project Location: Snowboard Ridge, 20 miles SW of Fossil
Proposal: Pursuant to Oregon Revised Statute (ORS) 465.315, the Oregon
Department of Environmental Quality (DEQ) is proposing to issue a No Further
Action (NFA) determination for the Fossil Air Route Surveillance Radar site
located 20 miles SW of Fossil, Oregon.
The Voluntary Cleanup Program has reviewed assessment
activities performed at the site. Contamination associated primarily with
insulation oil spillage. Assessment of areas of potential concern identified
during a site evaluation was performed in August 2006. Based on the results of
the assessments, additional cleanup is not required at the site.
Additional information concerning site-specific
investigations and remedial actions 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 5502.
Site specific information is also available by contacting Katie Robertson, DEQ’s project manager for this site. The Administrative
File for this facility is located at DEQ’s Pendleton
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 end on May 2, 2011. Please address
all comments and/or inquiries to project manager at the following address:
Katie Robertson
Department of Environmental Quality
700 SE Emigrant, Suite 330
Pendleton, OR 97801
(541) 278-4620
robertson.katie@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 making a
final decision regarding the “No Further Action” determination.
The online versions of the OARs and Oregon
Bulletin are provided for convenience of reference and
enhanced access. The official, record copies of these
publications are the original paper filings.
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