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Oregon Bulletin

May 1, 2014

 

OTHER NOTICES

MEDIATION CONFIDENTIALITY RULES DEVELOPED BY THE ATTORNEY GENERAL PURSUANT TO ORS 36.224

INSTRUCTIONS FOR ADOPTION OF MEDIATION CONFIDENTIALITY RULES

ORS 36.220 through 36.238 authorize state agency participation in a confidential mediation. For most agencies, the confidentiality and inadmissibility provisions of this law are available only by adopting rules developed by the Attorney General pursuant to ORS 36.224. The Attorney General has developed two mediation confidentiality rules: A rule for the mediation of workplace interpersonal disputes and a rule covering most other mediations. Agencies may adopt either rule or both rules.

1. Agencies may adopt the “Confidentiality and Inadmissibility of Mediation Communications (5/1/2014)” rule for mediations in which the agency is a party, or is mediating a dispute as to which the agency has regulatory authority.

2. Agencies may adopt the “Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications (5/1/2014)” rule for the mediation of workplace interpersonal disputes.

3. Modify the Rules only as Permitted. When adopting the mediation confidentiality rules, an agency may not modify the rules except where indicated by blanks or italicized text in brackets in the rules. In the case of the “Confidentiality and Inadmissibility of Mediation Communications (5/1/2014)” rule, the permitted changes allow the agency to add additional exceptions to mediation confidentiality and additional limitations on the types of mediation to which the rule applies.

4. Rulemaking Action. After editing the rule as permitted, the agency must provide the Governor with a copy of the rule at the time that the agency gives notice of intended rulemaking action under ORS 183.335. The Governor may notify the agency that the Governor disapproves of the proposed rules at any time before the agency files the rules with the Secretary of State under ORS 183.355.

5. The agency must follow the rulemaking procedures in ORS 183.325 to 183.355. The agency may adopt the rules as temporary rules, if the agency satisfies the requirements of ORS 183.335(5).

6. Agencies who adopted a previous version of these rules, are encouraged to amend their current rule by replacing it with the appropriate 5/1/2014 version.

7. Additional guidance for the adoption of these rules is available from your contact attorney and on the web at http://www.doj.state.or.us/adr/pages/rules.aspx

CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS (5/1/2014)

OAR __________. Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)-(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters; or

(c) Mediation in which the only parties are public bodies; or

(d) Mediation in which two or more public bodies and a private entity are parties if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation; [or]

(f) ___[List additional exclusions, if any]___.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) all the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) the mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)-(d), (j)-(l), (o)-(p) and (r)-(s) of section (9) of this rule; [or]

(c) ___[List additional exceptions, if any]___.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)-(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must refer to this mediation confidentiality rule.

(9) Exceptions to Confidentiality and Inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) a request for mediation, or

(B) a communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation, or

(C) a final offer submitted by the parties to the mediator pursuant to ORS 243.712, or

(D) a strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) attorney‑client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege, or

(B) attorney work product prepared in anticipation of litigation or for trial, or

(C) prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency, or

(D) prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation, or

(E) settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the [Agency director/administrator/board] determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 17.095 or state or federal law requires the terms to be confidential.

(p) In any mediation in a case that that has been filed in court or when a public body’s role in a mediation is solely to make mediation available to the parties the mediator may report the disposition of the mediation to that public body or court at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency conducting the mediation or making the mediation available or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232.

(q) A written agreement executed pursuant to Section (8) of this rule is not confidential and may be introduced into evidence in a subsequent proceeding.

(r) Any mediation communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 419B.010.

(s) Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 124.050 to 124.095.

(t) ___[List additional exceptions, if any]___ .

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

Stat. Authority: ORS 36.224

Stat. Implemented: ORS 36.224, 36.228, 36.230, 36.232

CONFIDENTIALITY AND INADMISSIBILITY OF WORKPLACE INTERPERSONAL MEDIATION COMMUNICATIONS (5/1/2014)

OAR ____________. Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or matters about which a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) all the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) the mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)-(l) of section (7) of this rule; [or]

(c) ___[List additional exceptions, if any]___ .

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and

(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:

(A) is neither a party to the dispute nor the mediator; and

(B) is designated by the agency to authorize confidentiality for the mediation; and

(C) is at the same or higher level in the agency than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor’s designee.

(7) Exceptions to Confidentiality and Inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements

(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232.

(k) Any mediation communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 419B.010.

(l) Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication under the provisions of ORS 124.050 to 124.095.

(m) ___[List additional exceptions, if any]___ .

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

Stat. Authority: ORS 36.224

Stat. Implemented: ORS 36.230(4)

REQUEST FOR COMMENT
PROPOSED CONSENT JUDGMENT FOR PROSPECTIVE PURCHASE AGREEMENT,
TRAMMELL CROW PORTLAND DEVELOPMENT, INC., MULTNOMAH COUNTY, OREGON

COMMENTS DUE: 5 p.m. Friday, May 30, 2014

PROJECT LOCATION: Colwood National Golf Course, 7313 NE Columbia Blvd., Portland, Oregon

PROPOSAL: The Oregon Department of Environmental Quality seeks comments on its proposed consent judgment for a prospective purchaser agreement with Trammell Crow Portland Development, Inc., or a related entity, concerning its acquisition of real property located at 7313 NE Columbia Blvd., Portland, Oregon. The property proposed for acquisition is an approximately 47.21 acre site located north of Cornfoot Road consisting of parcels 1, 3, 4 and 5. Parcel 2 generally consisting of the McBride Slough and all upland area northeast of McBride Slough, will be conveyed to the Port of Portland and is not included in the prospective purchaser agreement.

The applicant proposes to develop the property for general industrial uses consistent with City of Portland zoning requirements. The property has been in use as a golf course, known as the Colwood National Golf Course, since about 1930. Prior to development as a golf course, the property was in agricultural use.

Most of the northern portion of the property drains to a pond, which may overflow to McBride Slough. Historically, a small portion of the property may also have drained to the Columbia Slough along the southern border. Previous sediment samples collected in the McBride Slough were above risk-based screening levels for pesticides and metals. The sampling did not determine the source of the contaminants, but it is possible that golf course maintenance activities have contributed to contamination in McBride Slough and similarly may have contributed to contamination in the Columbia Slough to the south.

Trammell Crow Portland Development, Inc. has agreed to make a $60,000 contribution to the Columbia Slough sediment investigation and remediation cleanup fund; prepare and comply with a contaminated media management plan for construction activities on the property; and conduct appropriate building/infrastructure redevelopment and disposal per county, state and federal guidelines for septic systems wells and asbestos containing materials.

This prospective purchaser agreement provides substantial public benefits through contribution to cleanup of the Columbia Slough, assurances of redevelopment in accordance with applicable requirements, and conveyance of parcel 2 to the Port of Portland.

Oregon Department of Environmental Quality’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 Trammell Crow Portland Development, Inc. 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 Trammell Crow Portland Development, Inc. with third party liability protection. Trammell Crow Portland Development, Inc. waives any rights that could be claimed under ORS 465.325(1)(b) and ORS 465.325(4)(a)(B).

HOW TO COMMENT: Send comments to Oregon Department of Environmental Quality Project Manager Sarah Miller at 2020 SW 4th Ave. Suite #400, Portland, OR 97201 or miller.sarah@deq.state.or.us.

For more information contact the project manager at 503-229-5040.

Find information about requesting a review of Oregon Department of Environmental Quality project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the file review application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

For Environmental Cleanup Site Information Sites: To access site summary information and other documents in the Oregon Department of Environmental Quality Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database”, then enter ECSI#5890 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI # 5890 in the Site ID/Info column.

Alternatively, you may go directly to the database website for this page at http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceIdType=11&SourceId=5890&Screen=Load

If you do not have web access and want to review the project file contact the Oregon Department of Environmental Quality project manager.

THE NEXT STEP: Oregon Department of Environmental Quality 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 Oregon Department of Environmental Quality’s final decision will be issued in this publication.

ACCESSIBILITY INFORMATION: Oregon Department of Environmental Quality is committed to accommodating people with disabilities. Please notify Oregon Department of Environmental Quality of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, call Oregon Department of Environmental Quality at 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.

Request for Comments
Proposed Cleanup Approval for the Former Columbia American Plating Site in Portland

Comments due: 5 p.m., May 30, 2014

Project location: 3003 NW 35th Avenue in Portland, OR

Proposal: The Department of Environmental Quality proposes to issue a Certificate of Completion for the former Columbia American Plating site located at 3003 NW 35th Avenue in Portland. DEQ has determined that residual contamination at the site is not an ongoing source of significant contamination to the Willamette River and does not present a risk to human health and the environment exceeding the acceptable levels defined in ORS 465.315. DEQ also proposes to remove the site from the Confirmed Release List and Inventory of Hazardous Substance Sites.

Highlights: The site is located approximately 3,000 feet south of a portion of the Willamette River within the area designated by EPA as the Portland Harbor Superfund Study Area. The site operated as a plating facility from 1975 to 1987 as the Kirsten Corporation, and by Columbia American Plating from 1987 to 2003, when it was closed under order by the City of Portland Bureau of Fire and Rescue due to public health and safety concerns. Electroplating operations used a variety of hazardous materials, including acids, bases, various metals and metallic solutions (e.g., zinc, nickel, copper, chromium, cadmium), solvents, and oxidizers. The site was abandoned in 2003, leaving numerous containers of waste materials, process chemicals and uncontrolled stormwater discharges.

The United States Environmental Protection Agency completed a removal action at the site from May 2003 to April 2004. A total of 1460 containers, most containing liquids, were sampled and characterized to determine disposal options. A total of 77,507 gallons of hazardous liquids and 560 cubic yards of hazardous and non-hazardous debris were removed from the site.

In December 2008, 3003 NW 35th LLC and DEQ entered a Consent Judgment that required site investigation and source control measures as needed, and completion of a source control evaluation. Source control measures completed by 3003 NW 35th LLC include removal of legacy sediment from the on-site and adjacent City of Portland storm drain lines and upgrades to the on-site stormwater system. 3003 NW 35th LLC prepared and submitted a source control evaluation report upon completion of four stormwater sampling events following implementation of the source control measures. DEQ reviewed the report and prepared a source control decision for EPA review dated February 3, 2014. DEQ revised the source control decision to address EPA comments and it was accepted as final by EPA in March 2014. As summarized in the source control decision, DEQ concludes that the site is not a significant ongoing source of contaminants to the Willamette River and that environmental conditions at the site do not pose an unacceptable risk to human health and the environment.

How to comment: Send comments by 5 p.m., May 30, 2014, to DEQ Project Manager Mark Pugh, at 2020 SW 4th Ave, Suite 400, Portland, OR 97201; pugh.mark@deq.state.or.us or 503-229-6899 (fax).

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

For ECSI Site: To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” then enter 29 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 29 in the Site ID/Info column. Alternatively, you may go directly to the database website for this page at Web Documents for Columbia American Plating Co.

The next step: DEQ will consider all public comments received by the date and time stated above, before making a final decision regarding the Certificate of Completion. In the absence of comments, DEQ will issue the Certificate of Completion for the former Columbia American Plating site.

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 Cleanup Action for St. John’s Landfill

Comments due: 5 p.m. Friday, May 30, 2014

Project location: 9363 N Columbia Blvd., Portland

Proposal: Following Oregon Revised Statute ORS 465.320 and Oregon Administrative Rules OAR 340-122-100, the Department of Environmental Quality (DEQ) requests public comment on its cleanup proposal regarding sediment in the Columbia Slough offshore from the St. John’s Landfill located at 9363 N Columbia Blvd in North Portland. The St. John’s Landfill is a 240-acre closed landfill in the floodplain of the Columbia River. The landfill is surrounded by the Columbia Slough and the Smith and Bybee Lakes Wetlands Natural Area. The proposed cleanup action for contaminated sediment consists of in-place treatment with a thin layer of activated carbon.

Highlights: The St John’s Landfill operated from 1932 until its closure in 1991 and was filled mainly with municipal and industrial solid waste. Originally owned and operated by the City of Portland, the landfill is now owned by Metro. After closure Metro installed an impermeable, flexible membrane cover over the surface of the landfill to prevent infiltration of rain water into the waste with the goal of decreasing the movement of leachate from the waste to the surrounding surface water and groundwater.

A Consent Order for a Remedial Investigation and Feasibility Study was signed by Metro and DEQ in October 2003. The purpose of the order and investigation was to determine the extent of hazardous substances released from the landfill and propose an appropriate cleanup remedy. Groundwater releases around the landfill have been monitored since the 1970s. Impacts to sediment in the sloughs are not significantly elevated relative to background levels and are difficult to separate from upstream sources. The results of the investigation indicate that risks to people by contaminants near the landfill are limited to the consumption of fish from the surrounding sloughs. Ecological risks are primarily limited to sediment dwelling organisms in small areas of contaminated sediment. The Feasibility Study evaluated a range of cleanup alternatives which DEQ considered in selecting the proposed cleanup action.

How to comment: Send comments to DEQ Project Manager Bob Williams, at 2020 SW 4th Ave, Ste 400, Portland, Oregon 97201 or to williams.robert.k@deq.state.or.us.

For more information contact the project manager at 229-6802.

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

To access site summary information, the DEQ “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, select “Search complete ECSI database”, then enter 164 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 164 in the Site ID/Info column. Alternatively, you may go directly to the database website for this page at http://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=164&SourceIdType=11.

If you do not have web access and want to review the project file contact the DEQ project manager.

The next step: DEQ will consider all public comments. A final decision concerning the proposed cleanup action will be made after consideration of public 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.

REQUEST FOR COMMENT
PROPOSED CONSENT JUDGMENT FOR SETTLEMENT OF CLEANUP COSTS BETWEEN
THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY AND MARGERY MCAYEAL MCAYEAL’S WARDROBE CLEANERS,
EUGENE, LANE COUNTY, OREGON

COMMENTS DUE: May 30, 2014

PROJECT LOCATION: 1060 Olive Street, Eugene, Oregon

PROPOSAL: DEQ is opening a 30-day public comment period beginning May 1, 2014 on a proposed settlement between the Oregon Department of Environmental Quality (DEQ) and Margery McAyeal, former owner of McAyeal’s Wardrobe Cleaners in downtown Eugene. The settlement would be in the form of a consent judgment and would require Mrs. McAyeal to pay DEQ a specified amount for cleanup costs DEQ has incurred at the property and for additional cleanup activities to be completed by DEQ.

The proposed consent judgment will also provide McAyeal 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 Mrs. McAyeal with third party liability protection.

HIGHLIGHTS: McAyeal’s Wardrobe Cleaners operated at 1060 Olive Street in Eugene from 1972 to 2010. Lane County foreclosed on the property in 2012 after taxes went unpaid. Spills and releases of dry cleaning solvents, including tetrachloroethylene (PCE), occurred at the site and have contaminated soil and groundwater. Investigations for construction of the city library in the 1990s revealed groundwater contamination from the McAyeal property. The library is located immediately north of the now-shuttered cleaners building. Groundwater pumped from beneath the library to keep the basement parking garage from flooding is contaminated with PCE and related solvent chemicals and is currently treated before being discharged to the city storm drain under a water quality permit.

Environmental sampling conducted by McAyeal’s insurer between 2009-2012 identified elevated concentrations of PCE in soil and groundwater beneath the former cleaners building. This contamination is a source of the contamination affecting the groundwater at the Library. The soil contamination at the former cleaners exceeds DEQ’s risk based concentrations for vapor intrusion.

DEQ has not selected a cleanup plan for the property, but an evaluation of cleanup alternatives will be completed in 2014. The settlement will allow DEQ to conduct cleanup activities and help facilitate returning the property to productive use in a way that is protective of human health and the environment.

HOW TO COMMENT: Send comments to DEQ Project Manager Don Hanson at 165 E. 7th Ave., Suite 100, or hanson.don@deq.state.or.us . For more information contact the project manager at 541-687-7349.

Find information about requesting a review of DEQ project files at: www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: www.deq.state.or.us/records/RecordsRequestForm.pdf

To access site summary information and the proposed consent judgment in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter ECSI#2490 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI #2490 in the Site ID/Info column. Alternatively, you may go directly to the database website for this page at www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?SourceId=2490&SourceIdType=11. If you do not have web access and want to review the project file contact Don Hanson.

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 settlement. 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 Closure for Station Place Redevelopment Site, Lot 4

Comments due: 5 p.m., Friday, May 30, 2014

Project location: 1150 NW 9th Ave., Portland, OR

Proposal: As required by ORS 465.320, the Oregon Department of Environmental Quality invites public comment on its proposal to issue a conditional no further action determination for Lot 4 of the Station Place Redevelopment site, formerly Union Station-Horse Barn.

Highlights: Elevated petroleum hydrocarbons and metals have been detected in soil and groundwater associated with former railroad operations, and releases from an adjacent historical gas manufacturing facility. A record of decision issued for the Station Place site in 2003, including Lot 4, requires capping of the site. Capping was completed in 2014 consistent with DEQ’s record of decision, and a closure report approved. Prior to issuance of the no further action determination, an easement will be recorded with the property deed outlining requirements for ongoing inspection and maintenance of the cap.

How to comment: Send comments to DEQ Project Manager Dan Hafley at 2020 SW Fourth Avenue, Suite 400, Portland, OR or hafley.dan@deq.state.or.us. For more information contact the project manager at 503-229-5417.

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database”, then enter 2407 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2407 in the Site ID/Info column. Alternatively, you may go directly to the database website for this page at http://www.deq.state.or.us/lq/ecsi/ecsilist.asp?SiteID=2407.

If you do not have web access and want to review the project file contact the DEQ project manager.

The next step: DEQ will consider all comments prior to making a final decision on the proposed no further action decision.

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.

Proposed Issuance of a No Further Action Determination and Removal
from the Confirmed Release List for the Former Hanna Car Wash Facility in Milwaukie

Comments due: 5 p.m., Friday, May 30, 2014

Project location: 9850 SE Main Street, Milwaukie, OR

Proposal: The Oregon Department of Environmental Quality (DEQ) seeks comments on its proposal to issue a no further action determination for the former Hanna Car Wash International – North Parcel facility (Hanna North). In addition DEQ is seeking comments on removing the facility from the Confirmed Release List.

Highlights: The Hanna North site was previously home to Hanna Car Wash International, a manufacturer of parts used for automated car wash facilities from approximately the early 1960’s to February 2001. The former car wash parts operation included the subject property and another facility directly south (Hanna Car Wash International, South Parcel, ECSI #3133). DEQ issued a No Further Action (NFA) determination for the Hanna South Parcel in October 2001.

In October 1991 DEQ added the Hanna North site to the Environmental Cleanup Site Information database (ECSI) as site number #1114, based on information provided in reports that year. In June of 1997 DEQ added the site to the Confirmed Release List (CRL) based on detailed soil and shallow groundwater data from drum storage and manufacturing operational areas.

Between 1991 and summer of 2013, several assessments, site investigations and remedial actions were completed on the Hanna North property to assess releases of metals and petroleum hydrocarbons during past industrial activities. In 2000 several soil removal actions were implemented on the property to remove environmental contamination. The 2000 remedial work included demolition of a former structure that housed plating, galvanizing and paint operations and removal of residual wastes from that area. Additional groundwater sampling and an investigation of a former aluminum foundry in the main building were completed in 2012 and 2013. A detailed description of site work is provided in DEQ’s Closure Memorandum for the site that can be accessed as described below.

Based on the results of the completed remedial actions and follow-up investigations DEQ concludes that the site does not pose an unacceptable risk to human health or the environment and that no further remedial action is required. Based on the investigation findings, DEQ is also proposing that the site be removed from the CRL.

How to comment: Send comments by 5 p.m., Friday, May 30, 2014 to DEQ Project Manager Chuck Harman at DEQ’s Northwest Region Office at 2020 SW Fourth Ave., Suite 400, Portland, OR 97201, harman.charles@deq.state.or.us, or fax to 503-229-6899

To review the project file, call Dawn Weinberger at 503-229-6729 for an appointment.

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” then enter ‘1114’ in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ‘1114’ in the Site ID/Info column.

The next step: The DEQ project manager will review all comments received and determine if a no further action determination and CRL delisting are appropriate. If DEQ receives no comments that warrant delaying a no further action decision, DEQ will issue a final letter confirming the 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.

Request for Comments
Proposed No Further Action Determination for the Anderson Portland Properties – Tax Lot 200 Site

Comments due: 5 p.m., Friday May 30, 2014

Project location: The intersection of NW St. Helens Road and NW Yeon Avenue, Portland.

Proposal: The Department of Environmental Quality proposes to issue a No Further Action Determination for the Anderson Portland Properties – Tax Lot 200 site. DEQ has determined that residual contamination at the site is not an ongoing source of significant contamination to the Willamette River and does not present a risk to human health and the environment exceeding the acceptable levels defined in ORS 465.315.

Highlights: The site is located approximately 2,000 feet southwest of a portion of the Willamette River within the area designated by EPA as the Portland Harbor Superfund Study Area. Although the site is undeveloped, soil was contaminated with PCBs, which site records indicate were likely from equipment that was stored on this site by one or more adjacent property owners.

In 2011, approximately 640 tons of PCB-contaminated soil was excavated and disposed of at permitted landfills. The excavated area was backfilled with imported soil and seeded. Based on soil, stormwater and catch basin sediment sampling, DEQ proposes to issue a No Further Action determination for this site.

How to comment: Send comments by 5 p.m., May 31, 2014, to DEQ Project Manager Bob Schwarz, at 400 E. Scenic Drive, Suite 307, The Dalles, OR 97058; schwarz.bob@deq.state.or.us or 541-298-7330 (fax).

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

For ECSI Site: To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” then enter 5529 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5529 in the Site ID/Info column.

The next step: DEQ will consider all public comments received by the date and time stated above, before making a final decision regarding the Certificate of Completion. In the absence of comments, DEQ will issue the No Further Action determination for this site.

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 former Unocal Bulk Plant in Merrill

Comments due: 5 p.m., Friday, May 30, 2014

Project location: West side of Merrill Road, just north of the UPRR tracks, Merrill

Proposal: The Department of Environmental Quality proposes to issue a No Further Action Determination for the former Unocal Bulk Plant in Merrill. DEQ has determined that residual contamination at the site does not present a risk to human health and the environment exceeding the acceptable levels defined in ORS 465.315.

Highlights: Unocal purchased the site in 1929 and operated it as a fuel bulk plant from approximately 1929 until 1979. Unocal sold the property in 1980. In 1995, it was purchased by the current owner, who uses the site as an equipment and storage yard for an excavation and construction business. The site currently has a warehouse, office, garage, and water supply well pump house. Former structures included three 20,000-gallon aboveground storage tanks and one 12,000-gallon aboveground tank, two loading racks and a railroad spur. These were removed in the 1970s.

DEQ’s decision to issue a No Further Action determination is based on soil and groundwater sampling conducted between 2007 and 2013.

How to comment: Send comments by 5 p.m., May 31, 2014, to DEQ Project Manager Bob Schwarz, at 400 E. Scenic Drive, Suite 307, The Dalles, OR 97058; schwarz.bob@deq.state.or.us or 541-298-7330 (fax).

Find information about requesting a review of DEQ project files at: http://www.deq.state.or.us/records/recordsRequestFAQ.htm

Find the File Review Application form at: http://www.deq.state.or.us/records/RecordsRequestForm.pdf

For ECSI Site: To access site summary information and other documents in the DEQ Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” then enter 2702 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2702 in the Site ID/Info column.

The next step: DEQ will consider all public comments received by the date and time stated above, before making a final decision regarding the Certificate of Completion. In the absence of comments, DEQ will issue the No Further Action determination for this site.

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, OBERTO/SMOKECRAFT, ALBANY, OR

COMMENTS DUE: May 30, 2014

PROJECT LOCATION: The former Oberto/Smokecraft facility located at 850 30th Ave. SW, in Albany, Or.

PROPOSAL: DEQ is proposing that no further action is required at the site to human health and the environment.

HIGHLIGHTS: Historical food processing operations at the site resulted in a release of chlorinated solvents to the groundwater sometime prior to 1993. Subsequent investigations showed a groundwater contaminant plume beneath the central portion of the site consisting mostly of tetrachloroethene and breakdown products. In order to enhance biodegradation of naturally of contaminants by naturally occurring bacteria, Oberto injected cheese whey and emulsified vegetable oil into the aquifer between 2004 and 2011. Concentrations of solvents in the groundwater at the site decreased as a result of the treatment activities.

Conditions at the site are protective of human health. While low level groundwater contamination remains in place, the contaminants are limited to the area beneath the site and the plume is getting smaller with time. The site is connected to the municipal water supply.

Since conditions on site and off site are protective of human health and since there is no ecological risk, DEQ has determined that no further action is required. On May 1, 2014, running through May 30, 2014, DEQ will provide public notice and opportunity to comment on the determination.

HOW TO COMMENT: The proposed determination is available at DEQ’s Western Region Office, at 165 E 7th, Suite 100, Eugene, Oregon 97401, or electronically by request to brown.geoff@deq.state.or.us. To review files at DEQ’s office, please contact DEQ’s file review coordinator at (541) 686-7819 to make an appointment. Comments may be submitted to Geoff Brown, DEQ Cleanup Project Manager, by email at brown.geoff@deq.state.or.us; by mail at DEQ, 167 E 7th, Suite 100, Eugene, Oregon 97401; or by fax at 541-686-7551.

THE NEXT STEP: DEQ will review and consider all comments received during the comment period. Once all comments have been considered and addressed, DEQ will issue a letter of no further action to the property owner and change the status of the site in the ECSI database.

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