Portland Harbor Superfund SitePortland Harbor Superfund Site

Overview of StatutesOverview of Statutes

• CERCLA - Federal law– Provides EPA with authority for clean up– Provides for liability, compensation, cleanup and

emergency response for hazardous substances– Retroactive and strict liability, joint and several– 42 USC §9601 (1980)

• ORS Chapter 465 and 466 – State law– Addresses hazardous waste and materials and

removal/remedial action costs incurred– Strict liability, joint and several – Parties can pursue state agencies for costs incurred to

remediate and for damages to natural resources– State agencies can pursue private parties for

reimbursement of costs

BackgroundBackground

• May 1997 – EPA and DEQ river sediment study

• March 1998 – Completed study found contaminated sediments

• Contaminants – PCBs, PAHs, pesticides, metals, dioxin, phthalates

• Nov. 1998 – 10 parties formed Portland Harbor Group

• June 1999 – Portland Harbor Group Management Plan completed

BackgroundBackground

• Dec. 2000 – Portland Harbor listed on NPL• 2000 – EPA sends General Notice Letters to

69 parties• 2001 – Lower Willamette Group formed and

AOC signed between LWG and EPA• 2001-2006 – Sampling occurred• 26 discrete areas of contamination

identified (AOPC)• 2008 – EPA sent 104(e) letters

Oregon DEQ Oregon DEQ

• DEQ enforces Oregon’s clean-up laws• DEQ entered into Consent Judgment

with PRPs in Nov. 2006• Defendants reserved their cost

recovery and contribution rights against all other agencies of the state.

Anticipated ScheduleAnticipated Schedule

• August 2011– Revised Remedial Investigation (RI)

• November 2011 - Finalize Feasibility Study (FS)

• Mid 2013 early 2014 – Record of Decision (ROD)

After ROD Issued, EPA has the authority to:

• Create a Remedial Design that

includes engineering plans and specs

to conduct clean up

• Construct and implement the clean up

• Monitor the Site after clean up

What May Need to be Remedied

3. Depositionalarea

1. Navigationchannel

4. Uplandsourcesoil

5. Surface waterdischarge

2. Near Shorecontamination

6. Damagednaturalresources

““Pool” of Potentially Liable Pool” of Potentially Liable PartiesPartiesIndividuals and/or entities that: • Have operated near the waterfront,

and whose contamination has run into the Willamette River

• Have “released” contaminants in sanitary or storm sewage except under conditions where the release was subject to (and not in violation of) a “federal permit”

• Have transported contaminants that reached the river.

ODOT and the Portland Harbor ODOT and the Portland Harbor Superfund SiteSuperfund Site• ODOT was singled out as a potentially liable

contributor by other parties, based upon its stormwater discharge.

• LWG sent ODOT Tolling Agreement under threat of lawsuit and ODOT signed in Nov. 2006

• The Agreement Allows ODOT and other PRPs to negotiate potential contributions to investigation and clean up costs without filing lawsuits

• ODOT is a participant in a confidential alternative dispute resolution process for the remediation process.

ODOT and the Portland Harbor ODOT and the Portland Harbor Superfund SiteSuperfund Site• In Jan. 2008 EPA mailed CERCLA 104(e)

information requests to ~280 entities

• ODOT received a 104(e) letter

• ODOT filed response in Aug. 2008 and provided:

• As Built plans • ROW Files and Maps• Maintenance Files and Permits• Material data sheets • Lease and Property Management Information• Environmental Permits and Reports• HazMat Info• Drainage Studies and Reports

ODOT and the Portland Harbor ODOT and the Portland Harbor Superfund SiteSuperfund Site

• In February, 2011 ODOT received a General Notice Letter from the EPA.

• The NW Nicolai and Hwy 30 interchange and the St. Johns Bridge were noted as areas of concern.

Natural Resource Damage Natural Resource Damage (NRD)(NRD)

• Restoration process overseen by trustees: ODFW, NMFS, USFWS, and Tribes

• Assert claim arising from injuries to resources belonging to, managed by, and held in trust/controlled by the trustees

• ODOT participated in Phases I and is currently participating in Phase II of the NRD process

• ODOT is also participating in a mediation to resolve liability among a number of NRD RPs.

• This NRD process in Portland Harbor is somewhat unusual because it is proceeding at the same time as the remediation process.

DEQ and Source ControlDEQ and Source Control

• DEQ focusing source control efforts on:– High priority sites– Stormwater

• DEQ reviewing results of Downtown Portland Sediment Characterization to assess – Area-wide sediment contamination– Potential threat of recontamination by downtown

reach

• DEQ to develop a strategy to treat and remove hot spots

Questions?Questions?