Oregon Bulletin

December 1, 2011




COMMENTS DUE: January 2, 2012

PROJECT LOCATION: 1327 and 1335-1347 NW 9th Street, Corvallis, Oregon.

PROPOSAL: The Department of Environmental Quality (DEQ) is proposing to enter into a Consent Judgment for a Prospective Purchaser Agreement (PPA) with the P&B Pence, LLC for the former Tum-A-Lum Lumber property located at 1327 and 1335-1347 NW 9th Street, Corvallis, Oregon (the “Property”).

HIGHLIGHTS: P&B Pence, LLC (Pence) is acquiring the Property to allow Pence to provide beneficial redevelopment of the Property and increase the Property’s productive use. The Property buildings were constructed in the 1940s and need to be replaced. The Property was used historically as a lumber yard and housed three additional retail businesses located on the Property that changed in nature and use through the years, two of which were dry cleaning operations. The dry cleaners used solvents in the cleaning process including tetrachloroethylene (aka perchloroethylene or PCE). The dry cleaning operations ceased in the early 1980s. Historically, the Property buildings were connected to a septic system, which was abandoned in place in 1960s, when the Property was connected to city sewer. Waste dry cleaning solvents were also disposed of in the septic tank and subsequently released to the soil and shallow groundwater from that septic tank. In December 2000, soil and groundwater samples were collected at the Property to determine if past dry-cleaning operations had adversely impacted Property. Soil and groundwater contamination was detected. In October 2011, additional site characterization work was completed by Pence; and the abandoned septic tank was discovered to still contain solvent-contaminated septic wastes. The recent soil and groundwater sampling work established that the abandoned septic tank is the source of solvent contamination remaining in the soil and shallow groundwater.

The Consent Judgment will require Pence to place institutional controls on the Property precluding usage of the Property for residential purposes or the installation of water well(s) or use of the shallow groundwater. Pence will agree to provide access to the Property for any additional investigation and removal or remedial actions that may be required. The Consent Judgment will require that the redevelopment of the Property include removal of the abandoned septic tank and removal of the heavily contaminated soils beneath the tank, and that this work must be completed within 5 years of the Consent Judgment’s execution. The Consent Judgment will also contain the institutional or engineering controls deemed necessary for the Property, as well as a requirement that any subsequent transferee of the Property agree, in writing, to assume responsibility for completing any remaining requirements of the Consent Judgment.

DEQ’s Prospective Purchaser Program was created in 1995 through amendments to the state’s Environmental Cleanup Law. The Prospective Purchaser Agreement is a tool that facilitates the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a property with existing contamination. DEQ has approved more than 100 Prospective Purchaser Agreements throughout the State since the program began.

The proposed Consent Judgment will provide Pence with a release from liability for claims by the State of Oregon under ORS §465.255 relating to any historical releases of hazardous substances at or from the Property. The proposed Consent Judgment will also provide Pence with protection from potential contribution actions by third parties for recovery of remedial action costs associated with any historical releases at or from the Property. DEQ retains all existing rights it may have as to all other parties potentially liable for any releases.

HOW TO COMMENT: Written comments concerning the proposed Consent Judgment should be sent to Palmer Mason at DEQ Headquarters, 811 SW 6th Avenue, Portland, Oregon 97204. Comments must be received by DEQ by 5:00 pm January 2, 2012. Questions may be directed to Mr. Mason at that address or by calling (503) 229-6800. The proposed Consent Judgment and DEQ file on the Property may be reviewed at DEQ’s Western Region office in Eugene by contacting Geoff Brown at (541) 686-7819.

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 Consent Judgment.

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

Request for Comments
Proposed Cleanup action
for Union Pacific Railroad Bulk Plant

COMMENTS DUE: 5 p.m., Tuesday, Jan. 3, 2012

PROJECT LOCATION: 123 Chocktoot Street, Chiloquin

PROPOSAL: Union Pacific Railroad has proposed a cleanup of petroleum-contaminated soil at the former bulk plant on the corner of Chocktoot Street and Klamath Avenue. This facility was formerly the Shell Oil Bulk Plant. The proposed remedial action involves excavating approximately 2,160 cubic yards of contaminated soil and disposing of it offsite at a permitted landfill. The excavated area will be backfilled with clean imported soil.

HIGHLIGHTS: The Southern Pacific Transportation Company leased the site to the Shell Oil Company prior to 1984. Beginning that year, Southern Pacific leased the site to the May-Slade Oil Company, which operated the bulk fuel facility until 1998. Union Pacific Railroad became the property owner when the company purchased Southern Pacific in 1996. May-Slade subleased the site to the Clough Oil Company in 2000 or 2001. May-Slade terminated their lease with Union Pacific Railroad in 2005, at which time Clough Oil removed all aboveground and underground structures. Cleanup and environmental monitoring began at this site in 1991, when five underground petroleum storage tanks were removed. The proposed removal of petroleum-contaminated soil would reduce remaining contamination to acceptable levels.

HOW TO COMMENT: Review the project file, including environmental investigation reports, by appointment at DEQ’s Columbia Gorge office, 400 E. Scenic Drive, Suite 307, The Dalles, OR 97058. To schedule an appointment, contact DEQ project manager Bob Schwarz 541-298-7255 x230 or schwarz.bob@deq.state.or.us

To access site summary information 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 ECSI# 2435 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ECSI # 2435 in the Site ID/Info column. Send comments by 5 p.m., Tuesday, Jan. 3 to Bob Schwarz at the email or street address above.

THE NEXT STEP: DEQ will review and consider all comments received during the comment period.

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

Request for Comments
Proposed No Further Action for
Wallowa Forest Products

Comments due: 5 p.m., Dec. 30, 2011

Project location: 75100 Lower Diamond Lane, Wallowa

Proposal: The Oregon Department of Environmental Quality’s Voluntary Cleanup Program proposes to issue a no further action determination for the former Wallowa Forest Products site located at 75100 Lower Diamond Lane near Wallowa. DEQ issues a no further action determination when a cleanup has met regulatory standards.

Highlights: The site is a former lumber mill that began operating in 1975 and ended operations in 2007. Petroleum and other contaminants were documented at the site in 2011. Wallowa Forest Products excavated approximately 100 cubic yards of petroleum contaminated soil and will transport the material off-site for disposal.

The Voluntary Cleanup Program has reviewed site assessment and cleanup activities performed at the site. All of the potential exposure concerns are addressed through elimination during development of the site-specific conceptual site model or through excavation and removal.

How to comment: Send comments by 5 p.m., Dec. 30, 2011, to DEQ Project Manager Katie Robertson by phone at 541-278-4620, by mail at 700 SE Emigrant, Suite 330, Pendleton, OR 97801, by e-mail at robertson.katie@deq.state.or.us or by fax at 541-278-0168.

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” link, enter 2680 in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled 2680 in the Site ID/Info column. To review the project file, contact the project manager above for a file review appointment.

The next step: DEQ will consider all public comments received before making a final decision on the proposed no further action determination. DEQ will provide written responses to all public comments received.

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.


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