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Oregon Bulletin

October 1, 2011

OTHER NOTICES

 

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

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. These rules were revised on 7/27/2011 and are published here.

Agencies who adopted the rule captioned “Combined Rule 7/16/98 - Confidentiality And Inadmissibility of Mediation Communications” or the “Simplified Workplace Interpersonal Dispute Rule - July 15, 1998” are encouraged to amend their current rule by replacing it with these more recent versions. Additional guidance on the adoption of these rules is available from your agency contact attorney and at http://www.doj.state.or.us/adr/adr32.shtml.

CONFIDENTIALITY AND INADMISSIBILITY OF
MEDIATION COMMUNICATIONS (7/27/2011)

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;

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

(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;

(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) or (o)-(p) 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(4).

(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.

(q)  [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 (7/27/2011)

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)-(j) 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(4).

(k)  [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)

OREGON DEPARTMENT OF ENVIRONMENTAL
QUALITY, REQUEST FOR COMMENTS
RECOMMENDED REMEDIAL ACTION REGARDING
EYERLY AIRCRAFT SITE, SALEM, MARION COUNTY

COMMENTS DUE: 5 pm, October 31, 2011

PROJECT LOCATION: 1945 Turner Rd SE, Salem, Oregon

PROPOSAL: A 30-day public comment period is required for a proposed final remedial action before the action can be approved by the DEQ. The DEQ is proposing a remedial action for the Eyerly Aircraft site in southeast Salem to address residual chromium and volatile organic contamination in soil and groundwater from past practices and uses of the site.

HIGHLIGHTS: The property operated as a military aircraft construction and maintenance facility from 1928 to 1950. A carnival ride maintenance and repair business occupied the site from the 1950’s until 2004. The site is currently vacant. The Oregon Military Department’s (OMD) Army Aviation Support Facility occupies the adjacent land to the northwest, southwest and southeast. OMD plans to incorporate the Eyerly site into their current support facility operations.

Past activities at the site included fiberglass production and chrome electroplating services, several underground and aboveground storage tanks used for storing heating oil and other petroleum fuels, painting operations, and automobile repair and maintenance operations. Chromium and volatile organic contamination resulting from these activities was found in the soil and groundwater during site-wide environmental investigations completed between February 2005 and 2010. Interim removal actions including excavation of chromium and petroleum contaminated soil were completed to reduce the levels of contamination at the site.

Some chromium and petroleum contamination still remains. Some contamination also extends beneath OMDs adjacent properties to the northwest, southwest and southeast. The concentrations of the remaining contaminants are within acceptable levels for the current and likely future occupational uses of the site and OMDs adjacent support facilities as long as the contamination remains in place. A land use restriction is proposed as the final remedial action. The land use restriction will prohibit residential use of the property, the installation or use of groundwater supply wells, and require a soil and groundwater management plan for any future excavation, construction or site development work on the Eyerly site and contaminated areas of the adjacent OMD property.

The proposed final remedial action is protective under DEQ’s current risk standards. However, imminent changes in the chromium risk standards may require additional evaluation of the chromium contamination to show that the selected remedy would still be protective. The proposed remedial action includes a contingency requiring such an evaluation if and when new risk standards are implemented.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Salem office at 750 Front St. NE, Suite 120 in Salem, Oregon by contacting Nancy Sawka at 503-378-5075 to make a file review appointment. Site summary information may be accessed electronically by request to sawka.nancy@deq.state.or.us.

Comments on the proposed remedial action need to be received by 5 pm on Monday October 31, 2011, to be considered in DEQ’s decision. Written comments should be sent by mail to Attention: Nancy Sawka, DEQ Project Manager, 750 Front St. NE, Suite 120, Salem, Oregon 97301-1039, by e-mail to sawka.nancy@deq.state.or.us, or fax at 503-373-7944. Upon written request by 10 or more persons or by a group having 10 or more members, DEQ will conduct a public meeting for the purpose of receiving verbal comments regarding the proposed remedial action.

THE NEXT STEP: All comments received will be addressed at the completion of the comment period. Once comments are adequately addressed, the DEQ may approve, modify or deny the proposed remedial action.

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

Request for Comments
Proposed Approval of Cleanup at ConMet

COMMENTS DUE: Monday, October 31st.

PROJECT LOCATION: 13940 N. Rivergate Blvd., Portland

PROPOSAL: The Department of Environmental Quality is proposing to issue a No Further Action determination for the upland portion of the Consolidated Metco (ConMet) property in Portland. DEQ is proposing that no further investigation or cleanup be required at the site because residual contamination does not exceed acceptable risk levels as defined in ORS 465.315.

HIGHLIGHTS: An aluminum foundry operated at the ConMet site from 1964 to 2007. During this time, releases of machine coolant and other materials occurred. About 15.5 tons of contaminated soil were removed from the site in 2001. Soil and groundwater sampling was subsequently completed over the entire site, finding modest amounts of contamination (petroleum constituents and metals). In early 2011, DEQ concluded that soil contamination exceeded regulatory standards in three locations, and an additional 53 tons of soil were removed. The site is currently vacant, pending industrial reuse. DEQ’s proposal for No Further Action only applies to soil and groundwater contamination at the site; potential impacts to the Willamette River from discharges to the on-site storm sewers are still being investigated.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Northwest Region Office at 2020 SW 4th Avenue, Suite 400, Portland, OR 97201. To schedule an appointment to review the file, please contact Dawn Weinberger at (503) 229-6729. To access site summary information and the Site Closure Memorandum in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 3295 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 3295 in the Site ID/Info column. Send written comments by 5:00 PM October 31 to Dan Hafley, Project Manager, by e-mail or regular mail to the address listed above. Upon written request by ten or more persons or by a group with a membership of 10 or more, 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 “No Further Action” determination. A public notice announcing the final decision will be published 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 711.

Request for Comments
Proposed Approval of Cleanup for Willamette View

COMMENTS DUE: Monday, Oct. 31, 2011

PROJECT LOCATION: 12705 SE River Road, Milwaukie

PROPOSAL: The Department of Environmental Quality is proposing to issue a No Further Action determination based on the results of an Independent Cleanup Pathway Report completed on May 3, 2011 for the Willamette View facility in Milwaukie. DEQ is proposing that no further investigation or cleanup be required at the site because residual contamination does not exceed acceptable risk levels as defined in ORS 465.315.

HIGHLIGHTS: In August 1999, three private residences at 13111, 13115 and 13117 SE River Road were torn down prior to construction of a new Health Center building for Willamette View, a continuing care retirement facility. Heating oil tanks were removed from each of the residences. In November 1999, a 1,000-gallon emergency generator diesel tank was removed from the western edge of the property at 13117. From December 1999 to February 2000, while the foundation for the Health Center was being constructed, two areas of petroleum-contaminated soil were encountered and excavated. A total of 1,052.33 tons of contaminated soil were removed from the site, along with 43,954 gallons of groundwater from the excavation pits. Not all of the contamination could be removed without undermining the new building foundations. However, confirmation samples collected at the time did not show exceedences of DEQ’s current, applicable risk-based standards.

HOW TO COMMENT: The project file may be reviewed by appointment at DEQ’s Northwest Region Office at 2020 SW 4th Avenue, Suite 400, Portland, OR 97201. To schedule an appointment to review the file, please contact Dawn Weinberger at (503) 229-6729. To access site summary information and the No Further Action recommendation memo in DEQ’s Environmental Cleanup Site Information (ECSI) database on the Internet, go to http://www.deq.state.or.us/lq/ECSI/ecsiquery.asp, then enter 2613 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2613 in the Site ID/Info column. Send written comments by 5:00 PM October 31 to Kevin Dana, Project Manager, by e-mail or regular mail to the address listed above. Upon written request by ten or more persons or by a group with a membership of 10 or more, 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 No Further Action determination. A public notice announcing the final decision will be published 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

Request for Comments
Proposed Approval of Cleanup for
Leisure Pub Site

Comments due: 5 p.m., Monday, Oct. 31, 2011

Project location: 8002 N Lombard Street, Portland,
Oregon

Proposal: The Department of Environmental Quality is recommending a conditional no further action determination for the Leisure Pub property.

Highlights: Leisure Public House is a tavern and restaurant. From 1947 to 2005, Courtesy Cleaners, a dry cleaning facility operated at this site.

Investigations in late 2009 identified environmental concerns at the site. Subsequent investigations found two underground storage tanks, one reportedly storing heating oil, and the other for storing solvent.  In early 2010, additional assessment and analysis of soil, water, and sub-slab vapor samples indicated limited total petroleum hydro­carbon as Stoddard Solvent and chlorinated solvent contamination in the shallow soil and perched groundwater that exceeded Oregon DEQ’s risk based concentrations.

Remedial actions completed at the site in early 2011 consisted of decommissioning of the two tanks, installing of a sub-slab depressurization system to remove and treat soil gas and prevent migration to indoor air, and preparation of a management plan to deal future subsurface work at the site.

Based on evaluation of these cleanup actions, DEQ has determined that no further action, aside from long term operation and maintenance of the sub-slab depressurization system, is required at the site. The completed cleanup 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: Send comments by 5 p.m., Monday, Oct. 31, 2011 to DEQ Project Manager David Anderson at 475 NE Bellevue Dr, Bend, OR 97701, via email at anderson.david@deq.state.or.us, or via fax at 541-388-8283.

To review the project file, call David Anderson, 541-633-2012 or toll free at 866-863-6668 for a file review appointment.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter 5415 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 5415 in the Site ID/Info column.

The next step: DEQ will consider all public comments received before making a final decision regarding the “Conditional No Further Action” determination.

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
for ECSI# 2596 D&M Pallets

Comments due: 5 p.m., October 31, 2011

Project location: 13150 SE Highway 212 Clackamas,
Oregon

Proposal: Removal from Confirmed Release Inventory (ORS.340-122-77) and No Further Action (NFA) designation for the D&M Pallets site located in Clackamas, Oregon.  The approximately 2.7 acre site is an undeveloped lot located an industrial and commercial corridor along Hwy 212 between SE 130th and SE 135th Aves.

Highlights: In 1998, DEQ Complaints staff received notification of a heavy oily substance leaving the D&M Pallets property and draining into the western stormwater drainage ditch. Three follow up inspections by DEQ between December 1998 through May 1999 continued to find oil present and draining to the soil stained drainage ditch. The site was listed on the Confirmed Release Inventory in December 2002. 2003 groundwater and soil samples were below human health risk based concentrations for heavy metals and petroleum. In 2003, DEQ recommended excavation and removal of ditch sediments.  Ditch sediment was re-tested in July 2011and all petroleum samples were non-detect. Excavation of ditch sediments is not necessary to complete the cleanup. 

The 2011 sampling demonstrated that no further action is needed to assure protection of present and future health to the public and environment.

How to comment: Send comments by 5 p.m., October 31, 2011 to DEQ Project Manager Sarah Miller at 2020 SW 4th Ave. Suite #400, Portland, OR 97201; miller.sarah@deq.state.or.us or 503-229-229-6945.

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

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to http://www.deq.state.or.us/lq/ECSI/ecsi.htm, then enter ECSI#2596 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI #2596 in the Site ID/Info column.

The next step: Once the comment period closes, DEQ will review any comments and determine if the NFA and CRL designation will move forward for the D&M Pallets site.

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.


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