A CHANCE TO COMMENT ON
PROPOSED CONSENT JUDGMENT FOR
A PROSPECTIVE PURCHASER AGREEMENT
AT THE FORMER TUM-A-LUM LUMBER PROPERTY,
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
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.
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
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 firstname.lastname@example.org
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 email@example.com
Request for Comments
Proposed No Further Action for
Wallowa Forest Products
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
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
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 firstname.lastname@example.org 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 email@example.com, or 711 for people
with hearing impairments.
The online versions of the OARs and Oregon
Bulletin are provided for convenience of reference and
enhanced access. The official, record copies of these
publications are the original paper filings.