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Oregon Bulletin

April 1, 2011

OTHER NOTICES

 

April 7 Information Meeting, Opportunity to Comment
Proposed Settlement for former
Frontier Leather and Ken Foster Farm Sites

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.

Request for Comments
Proposed No Further Action Determination
and Upland Source Control Decision
for the Former Mar Com South Site, ECSI #2350

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.

Request for Comments
Proposed Approval of Cleanup at
Ross Island Sand and Gravel Site

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.

A CHANCE TO COMMENT ON
DEQ STAFF REPORT RECOMMENDING A FINAL REMEDY AND
THE PROPOSED CONSENT JUDGMENT FOR A PROSPECTIVE
PURCHASER AGREEMENT AT THE PROPERTY AT
13660 SW FARMINGTON ROAD IN BEAVERTON, OREGON

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.

OPPORTUNITY TO COMMENT, PROPOSED NO FURTHER ACTION
Fossil Air Route Surveillance Radar,
Wheeler County, Oregon

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.

 


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