State of Oregon Department of Environmental Quality

Transcription

1 State of Oregon Department of Environmental Quality Memorandum Date: August 7, 2017 To: From: Subject: File Bob Schwarz ECSI # 4793, former Northwest Aluminum property; review of request for a Prospective Purchaser Agreement by Design, LLC This memo provides the basis for approval of a Prospective Purchaser Agreement (PPA) to Design, LLC for the site listed above. The PPA application for this site was dated June 11, 2014 and was made by Madrone, LLC, an affiliate of Design, LLC. Issuance of a PPA was delayed at the request of the applicant. The area covered by the proposed PPA includes current tax lot 700, the portion of current tax lot 1000 covered by DEQ s NFA determination (DEQ 2012b), and a portion of current tax lot 800. The PPA area is shown on the attached figure. Background DEQ issued a No Further Action determination for the former Northwest Aluminum site on September 27, 2012 (DEQ 2012b) following review of site investigation and cleanup activities conducted between 2007 and Investigation and cleanup work are summarized in DEQ s May 2012 Staff Report (DEQ 2012a). The site was used for aluminum production from 1958 until 2003, at which time production ceased due to bankruptcy. Concurrent and subsequent to decommissioning of the facility, several investigations and interim removal actions were conducted at the site. Interim removal actions consisted primarily of excavation and offsite disposal of contaminated soil. The No Further Action determination for this site is based on adherence to the conditions of an Easement and Equitable Servitudes document signed on November 1, 2012 and recorded with Wasco County. A copy of this document is provided as Attachment 5 to DEQ 2012a. This document specifies that Owner shall not extract through wells or by other means or use groundwater from the shallow or "S" aquifer at the Property for consumption or other beneficial use, as long as the hazardous substance concentrations exceed the acceptable risk level for such use. This prohibition shall not apply to extraction of groundwater associated with groundwater treatment activities approved by DEQ, or monitoring, or to temporary dewatering activities related to construction, development, or the installation of sewer or

2 Page 2 of 4 utilities at the Property. This prohibition shall also not apply to any groundwater use from deeper aquifers below the S aquifer at the Property. The staff report also identifies three areas where residual contamination remains. These areas are shown in Figure ES-2, which is included as Attachment 2 to DEQ 2012a. They include: - Asbestos pipe. Approximately 75 of asbestos pipe could not be removed because it is adjacent to a BPA transmission line tower. - Residual PCBs in cast house shaft. Decommissioning of the smelter building included removal of PCB-contaminated oil and water that was found in hydraulic lift pits in the cast house, at the southern end of the smelter building. Following removal of the oil and water, the pits were filled with concrete and controlleddensity fill. As required under 40 CFR (a)(8), a deed notice was filed with Wasco County indentifying the location of the capped PCB cleanup area, which covers approximately 750 square feet. A copy of this document is included as Appendix 6 of DEQ 2012a. - Contaminated soil in the ore unloading area. Soil in the Ore Unloading Area contained elevated concentrations of PAHs. This area was inadvertently backfilled before soil excavation was completed. This contaminated soil is now covered with 16 feet of clean fill. The potential for exposure to this material is therefore limited. In addition, more recent sampling has shown that waste associated with the adjacent scrubber sludge ponds on the Lockheed Martin site (ECSI # 72) extends beyond the fenced sludge ponds onto the area proposed for a PPA. This issue must be addressed, with current plans involving partial or complete removal by Lockheed Martin Corporation, the responsible party. In the event sludge waste remains, it must be managed under a DEQ-approved Contaminated Media Management Plan Basis for Issuing a Prospective Purchaser Agreement Prospective purchaser liability. Under ORS , in order to facilitate cleanup and reuse of contaminated property, the Department of Environmental Quality may, through a written agreement, provide a party with a release from potential liability, provided that certain conditions are met. Based on the PPA application, we understand the following to be true: - The applicant has never owned a legal interest in any facility that is known or suspected to be a source of hazardous substances now found on this property. - The applicant has never owned a legal interest in any portion of this property.

3 Page 3 of 4 - The applicant has never operated a business location at a facility that is known or suspected to be a source of hazardous substances now found on the property. - The applicant has never operated a business location on any portion of the property. - The applicant has never, by any act or omission, caused, contributed to or exacerbated any release of hazardous substance now location on the property. - The applicant has never had any past business or contractual relationship with the seller of this property prior to this potential transaction. Public benefit. ORS requires that a substantial public benefit will result from the PPA. The applicant has a commercial interest in purchasing and redeveloping this large, inactive site and putting it back into productive use. The potential development project would create opportunity for new investment in the community, offer remedy protection and enhance environmental protectiveness by capping much or all of the property, thereby eliminating most or all direct contact with any residual contaminants in soil and reducing infiltration of precipitation and resulting leaching of contaminants to groundwater. Safe management of remaining impacted soils and groundwater at the property will occur whether or not it is redeveloped, and will be guided by the remedial action scope of work set forth in the Prospective Purchaser Agreement. The scope of work requires adherence to a contaminated media management plan that identifies requirements for managing and testing of contaminated and potentially contaminated soil and groundwater. In addition, the applicant will manage stormwater in accordance with any applicable requirements, and will adhere to the institutional controls and easement and equitable servitudes set forth in the Prospective Purchaser Agreement. Based on the information provided in the attached PPA application, a Prospective Purchaser Agreement should be issued as the measures outlined in the Prospective Purchaser Agreement are adequate for protecting human health, safety and the environment. Accordingly, DEQ selects and approves the remedial action for the site set forth in Exhibit C to the Prospective Purchaser Agreement (the Remedial Action Scope of Work). REFERENCES Note: The following references can be found at &SourceId=4793&Screen=Load. Oregon Department of Environmental Quality (DEQ). 2012a. Staff Report, Recommended No Further Action for Northwest Aluminum Company, The Dalles, Oregon, ECSI # May 8, 2012.

4 Page 4 of 4 DEQ. 2012b. Conditional No Further Action Determination, Northwest Aluminum Company site, ECSI # September 27, 2012.

5 River Road Figure Prospective Purchaser Agreement Application The Dalles, Oregon Legend Property for PPA Approved By: T. Wall Print Date: 2/17/2017 Legal Description Pending Replat. Tax Lots 1000, 700, and a portion of A tract of land lying in Sections 28 and 29 of Township 2 North, Range 13 East, Willamette Meridian, City of The Dalles, Wasco County, Oregon Feet Source: Aerial photograph obtained from Esri ArcGIS Online. Notes: All feature locations are approximate. Produced By: cbryan Project: West 2nd Street p This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.