Loading
 

 

Oregon Bulletin

April 1, 2013

 

OTHER NOTICES

REQUEST FOR COMMENT
PROPOSED CONSENT ORDER FOR PROSPECTIVE PURCHASE AGREEMENT
COLUMBIA MEMORIAL HOSPITAL, CLATSOP COUNTY, OREGON

COMMENTS DUE: April 30, 2013

PROJECT LOCATION: 2615 Marine Drive, Astoria, Oregon

PROPOSAL: The Oregon Department of Environmental Quality is proposing to enter into a Consent Order for a Prospective Purchaser Agreement with Columbia Lutheran Charities d.b.a. Columbia Memorial Hospital concerning its acquisition of real property located at 2615 Marine Drive in Astoria, Oregon. The property, located east of the hospital, was historically occupied by a gasoline and automobile service station called Bob’s Texaco. Columbia Memorial Hospital plans to demolish existing structures and develop the property for productive use as surface parking for the nearby hospital.

In 1991, based on reports of gasoline vapors in the storm sewer adjacent to the property and in the basement of a nearby commercial building, the city of Astoria reported a release to DEQ. Beyond the collection of a single soil sample from an exploratory borehole in the adjacent sidewalk, subsurface conditions at the property remained largely uncharacterized following reporting of the release. In May 2012, Columbia Memorial Hospital decommissioned by removal four underground storage tanks at the property. Analytical data collected during the decommissioning and during two subsequent phases of investigation at the property revealed soil and/or groundwater impacted by elevated concentrations of gasoline, associated volatile organic compounds and lead.

Columbia Memorial Hospital is acquiring the property and has agreed to perform the following scope of work: 1) demolish the existing structure and develop the property for surface parking use; 2) install an asphalt and/or concrete surface (“cap”) at the property; 3) prior to development, submit construction and contaminated media management plans for the property to DEQ for review and/or comment; 4) provide consideration to DEQ in the amount of $4,000 to fund (in whole or in part) a soil-gas investigation of residential/commercial properties within 100 feet of the property; 5) coordinate with the city of Astoria to permanently decommission the cased borehole in the sidewalk north of the property; 6) provide consideration to DEQ in an amount up to $16,000 for DEQ’s documentable cost recovery expenses and 7) execute an Easement and Equitable Servitudes that would prohibit future construction of buildings for human occupation at the property and requiring maintenance of the “cap”.

Columbia Memorial Hospital’s development and remediation plans will provide a substantial public benefit to the community by evaluating public health risks from residual contamination, restoring the Property to productive use, increasing available parking and preventing area employees and residents from exposure to shallow soil contamination.

DEQ’s Prospective Purchaser Agreement program was created in 1995 through amendments to Oregon’s environmental cleanup laws. 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 Order will provide Columbia Memorial Hospital 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 Columbia Memorial Hospital with third party liability protection.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Northwest Region office at 2020 SW 4th Ave., Suite 400, Portland, Oregon 97201. To schedule an appointment to review the file or to ask questions, please contact Jeff Schatz at 503-229-5024. Summary information and copies of the documents referenced above are available in DEQ’s Leaking Underground Storage Tank (LUST) Cleanup Site database on the DEQ’s website. To review this material, go to www.deq.state.or.us/lq/tanks/lust/LustPublicLookup.asp, then enter “04-91-0170” in the LUST Number box and click “Lookup” at the bottom of the page. Next, click the link labeled “04-91-0170” in the Log Number column. To be considered, written comments should be sent to Jeff Schatz, Project Manager, at the address listed above or by email at schatz.jeff@deq.state.or.us and must be received by 5:00 PM on April 30, 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.

Request for Comments
Proposed Cleanup for Old Town-Block 8L

COMMENTS DUE: Tuesday, April 30, 2013

PROJECT LOCATION: 60 NW Davis Street, Portland, OR

PROPOSAL: The Department of Environmental Quality is proposing cleanup action to address soil and groundwater contamination at the Block 8L property located in Portland’s Old Town district. Current use of the property is a surface paved parking lot. The proposed cleanup consists of soil removal and disposal, and installation of a soil vapor collection system as part of future site redevelopment.

HIGHLIGHTS: Investigation at the Block 8L property has identified elevated concentrations of petroleum hydrocarbons and metals in soil. Petroleum has also been detected in shallow groundwater in the northeast site corner exceeding DEQ risk-based concentrations. Soil contamination is principally from historical contaminated fill. Groundwater contamination has migrated on to the site from a separate property to the northeast. The proposed cleanup consists of excavation and landfill disposal of approximately 3,400 tons of contaminated soil, and installing of a soil vapor collection system. Both would be completed as part of site redevelopment.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Northwest Region office at 2020 SW Fourth Ave., Suite 400, Portland, Oregon 97201. To access site summary information including a DEQ staff report discussing the proposed remedy in DEQ’s ECSI database on the Internet, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 5768 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5768 in the Site ID/Info column. Send written comments by 5 p.m. Tuesday, April 30, 2013 to Daniel Hafley, Senior Project Manager, at the address listed above. If ten or more people or by a group with a membership of 10 or more submit a request, DEQ will hold a public meeting to receive verbal comments.

THE NEXT STEP: DEQ will consider all public comments received by the close of the comment period before making a final decision regarding the proposed site remedy.

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 impairments may call 711.

A CHANCE TO COMMENT ON
A PROPOSED AMENDMENT TO A RECORD OF DECISION FOR
L.D. MCFARLAND WOOD TREATING FACILITY, EUGENE, OREGON

COMMENTS DUE: April 30, 2013

PROJECT LOCATION: 90049 Highway 99 North Eugene, Oregon

PROPOSAL: The Department of Environmental Quality (DEQ) proposes to revise the 1996 Record of Decision (ROD) for the L.D. McFarland Wood Treating Facility located at 90049 Highway 99 in Eugene, Oregon. The ROD prescribes the remedial action which L.D. McFarland must implement to address the presence of soil and groundwater contamination beneath the site. Since issuance of the ROD, significant advances have occurred in the design of environmental remediation systems. The purpose of the proposed ROD amendment is to select a more effective remedy based on an evaluation of currently available remedial options.

HIGHLIGHTS: L.D. McFarland operates a wood treating and preserving facility (“Facility”) on approximately 25 acres at 90049 Highway 99 North in Eugene. The Facility has operated continuously since about 1953. Facility operation involves pressure treating wood products with pentachlorophenol dissolved in a light carrier oil. Historically, open vats were used for unpressurized thermal treatment of wood products. A spill of 10,000 to 30,000 gallons of PCP treating oil reportedly occurred from one of the full-length vats in the 1960’s. Other historical releases resulting from boil over and malfunction of the Facility’s recycling system are also believed to have occurred.

In 1986, evidence of environmental contamination was identified during a subsurface investigation. In November 1989, DEQ required L.D. McFarland to conduct a Remedial Investigation/Feasibility Study (“RI/FS”) to characterize subsurface impact and to evaluate alternatives for remedial action. The remedial investigation confirmed the presence of pentachlorophenol (“PCP”) and poly?nuclear aromatic hydrocarbons (“PAHs”) in soil and groundwater. Light non-aqueous phase liquid (“LNAPL”) PCP was also identified beneath the northwest portion of the Facility. Groundwater appears to seasonally discharge to recreational fishing ponds located at the Eugene Lakes Safety Rest Area west of the facility. Fish kills occurred at these ponds in 1991, 1992, and 1993 which are believed to be related to influxes of contaminated groundwater.

In 1993 L.D. McFarland implemented an interim remedial action measure (“IRAM) consisting of a groundwater extraction and treatment system which is intended to provide LNAPL recovery, hydraulic plume containment, and groundwater removal and treatment. In March 1995, L.D. McFarland submitted the final RI/FS to DEQ. In June 1996, DEQ issued a ROD which selected a final remedy for the site and established remedial action objectives for impacted media. The selected remedy includes: 1) continued operation of the IRAM; 2) enhanced LNAPL recovery using soil flushing; 3) in-situ air sparging; 4) natural attenuation; 5) groundwater monitoring; 6) institutional controls; and 7) contingency measures.

The IRAM has operated continuously since 1993 and has had a positive effect on groundwater quality. Through September 2012, the treatment system has processed more than 385 million gallons of groundwater and recovered more than 6,500 gallons of PCP. PCP concentrations in groundwater are near historic low levels at most locations. At the two sampling locations in Eugene Lakes Safety Rest Area, dissolved PCP concentrations have been near or below laboratory reporting limits for about 10 years. While LNAPL recovery continues, recovery rates have decreased in recent years.

In February 2013, L.D. McFarland prepared a Focused Feasibility Study (“FFS”) to re-evaluate remedial alternatives considering recent advances in site remediation technology. The FFS determined that continued use of the IRAM coupled with enhanced LNAPL recovery using vacuum enhanced recovery (“VER”) would provide greater environmental benefit than the existing remedy elements. In March 2013, DEQ concurred with these findings. DEQ further determined that substitution of the remedy represented a “significant modification” which required an amendment of the 1996 ROD. In March 2013, DEQ prepared an amended ROD which identifies continued operation of the IRAM coupled with LNAPL recovery using VER as the selected remedy. The ROD also updates the numeric cleanup goals for the remedial action objectives based on current toxicological data.

The proposed remedy is consistent with Oregon Rule and statute and, if properly implemented, will be protective of public health and the environment pursuant to Oregon Revised Statutes 465.200 ets seq. and Oregon Administrative Rules 340, Division 122.

HOW TO COMMENT: Written comments concerning the proposed ROD Amendment should be sent to Christopher Stine, stine.chris@deq.state.or.us, at DEQ’s Western Region Office, 165 East 7th Avenue, Suite 100, Eugene, Oregon, 97401. Comments must be received by DEQ by 5:00 pm April 30, 2013. Questions may be directed to Mr. Stine at that address or by calling (541) 686-7810. The proposed ROD Amendment 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?SourceIdType=11&SourceId=63&Screen=Load

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 ROD Amendment.

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

Request for Comments
Proposed Certification of Completion for Doane Enterprises/Portable Equipment Salvage

COMMENTS DUE: 5 p.m., April 30, 2013.

PROJECT LOCATION: 10215 and 10281 SE Mather Road, Clackamas, Oregon.

PROPOSAL: The Department of Environmental Quality invites comments on the proposed Certification of Completion for environmental investigation and cleanup work performed at the property owned by Doane Enterprises and formerly identified as the Portable Equipment Salvage Corporation site, Environmental Cleanup Site Information database file # 149.

HIGHLIGHTS: The site is approximately 6.94 acres and has been redeveloped as part of the expanded Doane Enterprises/R.S. Davis Properties recycling facility. Soil and groundwater at the site were contaminated with lead, polychlorinated biphenyls (commonly known as PCBs), and volatile organic compounds (commonly known as VOCs) from the salvage of transformers and other electrical equipment by the Portable Equipment Salvage Corporation. A soil cleanup was completed on the property in 1993 under a Record of Decision issued to the Portable Equipment Salvage Corporation by DEQ in 1991. The 1991 Record of Decision did not address groundwater contamination.

In 2007 the neighboring Doane metal recycling operation approached DEQ with the intent of acquiring the property under a Prospective Purchaser Agreement in the form of a Consent Judgment for expansion of their business. Under the terms of the Consent Judgment, Doane would be protected from liability for historic groundwater contamination in return for the completion of specific measures that provided significant public benefits. These benefits included the gathering of additional data on the extent of historic soil and groundwater contamination, investigation of more recent potential on-site sources, and expanded employment and tax revenue opportunities provided by the expansion of the Doane facility.

The additional investigative activities specified in the Consent Judgment have been completed, along with removal and disposal of PCB- and VOC-contaminated soils that were discovered during investigation. The site has been redeveloped in accordance with the 1991 Record of Decision and the Consent Judgment. Conditions at the site are protective of human health for site users and the DEQ intends to issue a Certification of Completion to this effect.

HOW TO COMMENT: Send written comments on the proposed Certificate of Completion to the DEQ Project Manager, Michael Greenburg at Oregon DEQ, Northwest Region, 2020 SW 4th Ave., Suite 400, Portland, Oregon 97201, or email to greenburg.michael@deq.state.or.us by 5 p.m., April 1, 2013. To view the project files please call Dawn Weinberger, File Review Specialist, at (503) 229-6729 to schedule an appointment. If you have any questions, please contact the project manager at 503 229-5153.

THE NEXT STEP: Once the public comment period has closed DEQ will consider all comments before making a 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 and Outreach 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or email to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​