Oregon DEQ - Cleanup at New Library Site �� ® Department of Environmental Quality
Northwest Region Portland Office
m: 2020 SW 0 Avenue,Suite 400
Theodore Kulongoski,Governor "
OR 97201-4987
(503)'229-5263
FAX,(503)229-6945
TrY(503).229-5471
September 3, 2004
Mr. Agustin P. Duenas, City Engineer
City of Tigard
13125 S.W. Hall Blvd.
Tigard, OR 97223
Re: Voluntary Letter Agreement
Tigard Library
Tigard,Oregon
ECSi No.4063
Dear Mr. Duenas:
This letter serves as a Voluntary Letter Agreement(Agreement)between the City of Tigard (the
City) and the Oregon Department of Environmental Quality(DEQ),regarding DEQ review and
oversight of the investigation and/or cleanup of hazardous substances at the property'being
developed for the Tigard Library. DEQ understands that the Tigard Library project involves
three tax lots (i.e.,tax lots 100, 200, and 600) located at 13360& 13560 S.W. Hall Blvd. in
Tigard, Oregon (the Property).
Work to be performed under this Agreement will include completion of a Site Investigation. The
objective of the Site Investigation is to determine whether hazardous substances are present in
soil, groundwater, surface water, and sediment in concentrations that pose an unacceptable risk
to human health and/or the environment.
Under this'Agreement, DEQ will perform the following review and oversight activities:
• Conduct a site visit;
• Review files and documents,pertaining to environmental conditions at the Property;
• Meet with the City and/or City's consultants to discuss the scope of work, methods, and
schedule for the Site Investigation;
• Review and provide comments on the draft Site Investigation Work Plan;
o Review and approve the final Site Investigation Work.Plan;
Oversee the Site-Investigation;
• Review,and provide comments on the draft Site,Investigation Report; and
• Review and approve the final Site Investigation Report.
City of-Tigard
Voluntary Letter Agreement
September.3,2004
Page 2 of 4
Under this Agreement, the City agrees to perform the following work:
• Submit a Site Investigation Work Plan to DEQ within 45 days of the City's execution of
this Agreement. The Site Investigation Work Plan should include,but not be limited to,
the following:
- A detailed history of the Property (e.g.,chronology of ownership, use and
development history, results of previous engineering and environmental work).
- A technical approach for identifying potential sources of contamination, the nature of
contamination, the extent of contamination, contaminant migration pathways,
exposure pathways, likely receptors,and potential,hot spots of contamination;
• Finalize documents submitted to DEQ under this Agreement:within.3.0 days of receipt of .
DEQ's review comments on drafts.
• Implement the Site Investigation in accordance with the scope of work and schedule
specified in the DEQ-approved Work Plan(including submission of a Site Investigation
Report).
Based on the findings of the items listed above,further action may be warranted at the Property.
This work may include additional site investigations,risk assessment;remedial action evaluation
and selection, and/or a"no further action" (NFA)determination consistent with Oregon's
Environmental Cleanup Law. DEQ will provide public notice and opportunity for comment on
any remedial action proposal or NFA determination in accordance with ORS 465.320. DEQ will
also determine, in consultation with the City, the form of any further agreement needed to.
manage the project in the most effective manner.
DEQ requires that persons seeking DEQ review and oversight of investigation and cleanup
activities provide a minimum deposit of$5,000 to pay for DEQ's costs:associated with
preparation of this.Agreement, and as an advance against costs that DEQ will incur. The deposit
must be in the form of;a check payable to the"Department of Environmental quality','.*.,When
the City has signed'this.letter and their.deposit has.been received by DEQ, a.sub;`account of the
Hazardous Substances Remedial,Action Fund will be established to be drawn upon by DEQ as
project costs are incurred.
DEQ project costs will include direct costs,and indirect costs: Direct costs include site-specific
expenses and.legal costs. Indirect costs are.those general management and support costs of the
State of Oregon and.DEQ allocable to DEQ oversight of this Agreement and not charged as
direct,site-specifier costs. Indirect charges are based on actual-costs and are applied.as a
percentage of directt.personal�services costs: Review:and oversight costs will.not include any
unreasonable costs or not otherwise recoverable by DEQ under ORS 465:255.
'DEQ will provide the City with a monthly invoice, a sample of which is attached. In the event
project costs exceed the sub-'account balance,DEQ will submit to the City an invoice for any
costs in excess of the advance. In the event project costs do not exceed the sub-account balance,
DEQ:will refund within 60 days of the close of the project'any amount of-the deposit remaining
�eR�xa
City of Tigard
Voluntary Letter Agreement
September 3,2004
Page 3 of 4
in excess of the.actual costs; or will apply the remaining amount toward oversight of work under
any further agreement necessary for the project.
Either the City or DEQ may terminate this.-Agreement by giving 15 days advance written notice
to the other. Be advised that because DEQ considers this site a High Priority.for further,
investigation, if'the City terminates this Agreement without completing the Site Investigation,
DEQ may take action to complete the work and recover costs.incurred as permitted by law. Such
action could include issuing a unilateral order or using state contractors to,complete the work.
Only those costs incurred or obligated by DEQ prior to the effective date of any-termination of
this Agreement shall be recoverable under this Agreement. Termination of this Agreement will
not affect any other right DEQ may have for recovery of costs under applicable law.
The City shall hold DEQ harmless for any claims(including but not limited to claims of property
damage or personal injury)`arising from activities performed by the City and reviewed or
overseen by DEQ under this Agreement.
This Agreement is not and shall not be construed as an admission by the City of any liability
under ORS 465.255 or any other law or as a waiver of any defense to such liability. This
Agreement is not and shall not be'construed as a waiver,release,or settlement,of claims DEQ
may have against the City or any other person or as a waiver of any enforcement authority DEQ
may have with respect to the City or the Property. Upon DEQ s request and as necessary to
oversight of the City's work under this Agreement, the City shall provide DEQ with data and
records related to investigation and cleanup activities at the property,excluding any privileged
documents identified as such by the City.
DEQ appreciates the City's interest in the Voluntary Cleanup Program and looks forward to
working with the City on the Tigard Library project.
Sincerely,
Keith Johnson
Manager
Cleanup and Lower Willamette Section
{
City of Tigard
Voluntary Letter Agreement
September 3,2004
Page 4 of 4
If the terms of this Agreement are acceptable to the City of Tigard, please sign in the space
provided below and return to us.
Accepted and agreed to this IQ day of Oc`,6b` , 200 4 .
Title: C 'i�'yn q •�+ea�'
Attachments: Example Invoice
Example Labor Summary
Cc: Mr. Dominic Colletta,Ramis Crew Corrigan &Bachrach
ECSI File 3892
.ji
r
State of Oregon
Department of Environmental Quality
INVOICE
Site Name: ABC,Inc Invoice Number: HSRAF01-)D=
Project No: 10000000 Invoice Date: 8/30/2001
Authorization:
John Q. Public Corporation Payment Due: 9/29/2001
Attn: John
123 S.W. Bedrock Avenue
Portland, OR 97200
Billing Period
Project Expenditures: 7/01
Personal Services $ 0.00
Attorney General 0.00
Travel. 0.00
Services and.Supplies 0.00
Contract Payments 0.00
Total Current Charges: $ 0.00
Previous Billing Period Total
Balance Expenditures Interest Balance Due
0.00 0.00 0.00 0.00
------------------------------- Cut here and return this portion with payment -------------------------------
Remit
----------------- ------------Remit and make checks payable to: Check box if your address has changed and
complete back of invoice:
Dept.of Environmental Quality
Attn.: Business Office
811 SW Sixth Avenue
Portland,OR 97204-1390
Site Name: ABC, Inc Invoice Number: HSRAF01 XXXX
Project No: 10000000 Amount Enclosed:
Current 31-60 Days 61-90 Days 90+Days Total Due
0.00 0.00 0.00 0.00 0.00
DIRECT LABOR SUNIIdARY
BUSINESS#100000
ABC,INC.
FOR THE MONTH OF JULY 2001
DATE STAFF NAME ACTIVITY NAME ACTIVITY HOURS
3/7/01 TOBY SCOTT Document Review:rev constr.,remed.eval. 220
DAILY TOTAL 2.0
3/12/01 .. TOBY SCOTT Document Review:review sampling data 1.0
DAILY TOTAL 1.0
3/14/01 TOBY SCOTT Coordination:prep for field sampling 1.0
TOBY SCOTT Site Visit:Sample Idllian well 2_0.
DAILY TOTAL 3.0
3/15/01 TOBY SCOTT Document Review:air emission response 1.0
TOBY SCOTT Records Management:sample prep and ship 1.0
DAILY TOTAL 2.0
3/16/01 TOBY SCOTT Meetings:mtg.@ ch2mhill 4.0
TOBY SCOTT Travel:rdm>pdx . 2.0
MIKE POULSON Document'Review:Air Modeling 1.0
DAILY TOTAL : 7.0
3/19/01 TOBY SCOTT Document ievie'vir system startup rpt.,constr.rpt. 2.0
MIKE POULSON Air modeling 4,0
DAILY TOTAL 6.0
3/22/01 TOBY SCOTT Communication:M Germon,M Poulson 1.0
TOBY SCOTT Document Prep.Air Emissions 1.0
TOBY SCOTT Document Review:.well data,pilot testing,air 2_0
emission data.
4.0.
DAILY TOTAL
3/26/01 TOBY SCOTT Document Review:rev.remed.pilot study 2.0
workplan
DAILY TOTAL 2.0
3/27/01 TOBY SCOTT Document Prep:Killian,data 2.0
TOBY SCOTT Document:.Review:Killian rpt. 2:0
DAILY TOTAL 4.0
LAB DEANNA EVANS
DAILY TOTAL .5
PAUL SCHOENLAUB
DAILY TOTAL 2.0
TOTAL HOURS 33.5
O
Ure
Department of Environmental Quality
gon Northwest Region Portland Office
N; 2020 SW 4`h Avenue,Suite 400
Theodore Kulongoski,Governor Portland,OR 97201-4987
(503)229-5263
FAX(503)229-6945
TTY(503)229-5471
September 3, 2004.
Mr. Agustin P. Duenas, City Engineer
City of Tigard
13125 S.W. Hall Blvd. .
Tigard, OR 97223
Re: Transmittal of Voluntary Letter Agreement
Tigard Library
Tigard,Oregon
ECSI No.40.63
Dear Mr. Duenas:
The Department of Environmental Quality (DEQ) received the verbal commitment of the City of
Tigard(the City) to participate in the Voluntary Cleanup Program (VCP)for the Tigard Library
(the Library)property during a meeting on August 5, 2004. The Tigard Library,construction
project involves three tax lots (i.e.,tax lots 100, 200, and 600) located at 1.336.0& 13560 S.W.
Hall Blvd. in Tigard, Oregon (the Property).
Based on available file information and .our meeting discussions, DEQ understands that
construction of the Library building has.been completed. The opening ceremony occurred on
August 21". Additional site improvement work is planned for the Property including, a walking
path, general landscaping, expanded parking facilities, and access road construction. Prior to
initiating Property development, the City completed investigations to assess the status of
environmental conditions at the Property. Site investigatory work.identified contamination of
soil at the Property by arsenic. Arsenic impacts are thought to be associated with an-orchard that
occupied portions of the Property from 1940 to 1953. The potential for arsenic-contamination to
be encountered during construction was recognized by the City and incorporated into project
planning. According to documents provided by the City, precautions were taken to handle and
manage soil excavated during the course of the construction work. During construction, nearly
3,700 tons of potentially impacted soil were removed from the site for off-site disposal.
The City has elected to enter the VCP for DEQ's technical and regulatory input-and oversight
during the remainder of the Library project. Enclosed are two copies of DEQ's Letter
Agreement for Voluntary Cleanup (the Agreement) for the Library property. The Agreement
provides for technical and regulatory oversight, review of environmental documents.prepared by
or on behalf of the City, and preparation of a No Further Action determination, if appropriate.
Mr. Agustin P. Duenas
January 28, 2004
Page 2 of 2
Please sign both copies of the enclosed Agreement and return one signed copy to me. As was
discussed during the August 5`h meeting, DEQ is willing to waive the $5,000 deposit for public
agencies and local governments. If you wish DEQ to waive the $5,000 deposit, then please
attach a brief note requesting the waiver and attach it to the executed Agreement.
As you may know, DEQ Northwest Region's Cleanup Program currently has limited resources.
The Cleanup Program maintains a waiting list of projects waiting to be assigned a DEQ project
manager. Typically, new projects are picked-up from the waiting list and initiated as current
projects are completed and resources become available. Right now, the Northwest Region
Cleanup Program is managing more than 250 projects. Due to our limited staff resources and the
popularity of the Voluntary Cleanup Pathway, a project may remain on the waiting list for two to
three months until staff resources become available and we are able to assign a project manager
to the site.
That said, DEQ is supportive of projects undertaken by municipal governments that have
community benefits and result in the investigation, cleanup, and re-use of potentially
contaminated properties. These types of projects are priorities for us and we do our best to
accommodate them within the Cleanup Program. Given the importance of this project to the
City, DEQ will assign a project manager to the Library project as expeditiously as workloads
allow. I will contact you as soon as a project manager is assigned.
DEQ appreciates your time in meeting with us to discuss the Library project, and the efforts
made by the City to identify and mitigate potential soil impacts prior to and during construction
work.
Please feel free to call me at (503) 229-5543 or e-mail me at bayuk.dana@deq.or.state.us if you
have any questions regarding the VCP or if I can provide additional information and/or
assistance.
Sincerely,
Mr. Dana Bayuk
Cleanup Program Representative
Northwest Region
Cc: Mr.Dominic Colletta, Ramis Crew Corrigan &Bachrach
ECSI File 3892
Encl: Voluntary Letter Agreement
r:.
October 19, 2004
CITY OF TIGARD
OREGON!
Mr. Dana Bayuk
Cleanup Program Representative
Northwest Region Portland Office
Department of Environmental Quality
2020 SW 4th Avenue, Suite 400
Portland, OR 97201-4987
Dear Mr. Bayuk:
Enclosed is one (1) signed copy of the Letter Agreement for Voluntary Cleanup for the
Tigard New Library property.
Please waive the $5,000.00 deposit, which we understand DEQ is willing to do for local
governments.
We look forward to working with a DEQ project manager once the assignment is made
for this project. If you should need anything further from us prior to the assignment of a
project manager, please call me at 503-718-2470, or send me an email message at
gus@ci.tigard.or.us.
Sincerely,
eEngineer
P. DUENAS, P.E.
C
Enclosure: Signed Letter Agreement for Voluntary Cleanup
c: William A. Monahan, City Manager
Dominic Colletta, Ramis Crew Corrigan& Bachrach
i.terglgusUettemUetter to Cep transmitting voluntary letter agreement.Coc
13125 SW Hall Blvd., Tigard, OR 97223 (503).639-4171 TDD (503) 684-2772