Saxony-Dept of Justice Judgment Requirements 2015-06-12City of Tigard
Saxony St. Property - DOJ Consent Judgment
This Consent Judgment was agreed upon between City of Tigard and DEQ/State of Oregon and recorded on 6/12/2015 in Washington County. The Consent Judgment was entered into regarding potential
soil & groundwater contamination and is intended to "protect Defendant ( City of Tigard) from potential liability for pre-acquisition releases of hazardous substances at or from the
Property including any contamination from the Property of sediments in the adjacent Fanno Creek." (pg. 5) Please reference the original document for specifics .
Requirements/ Points of Note
Contamination on site
Deed/title
Access to Property
Retention of Records
Reimbursement of DEQ cost
Insurance
Releases from Liability
Scope of Work
1-Mitigation of Vapor
1. a. Engineering Controls
1. b. Institutional Controls
2-Contaminated Media Management Plan
3-Additional Environmental Testing
3. a. Testing
3. b. Contaminated Soil
3. c. Groundwater
Page
5
7 & 8
10
11
14
19
20 - 22
30
30
30
30
30
30
30
30
31
Requirements
Pore water sampling from the shoreline of Fanno Creek indicates the solvent contamination below the site is not impacting the creek.
Any deed title must contain a notice that the Property is subject to this Consent Judgment.
DEQ must be allowed to enter all portions of the Property owned or under the control of the City to oversee performance under the Consent Judgment including but not limited to: Inspection
of records, conducting tests and taking samples, verification of data submitted to DEQ, use of camera or other recording equipment.
The City will preserve all records and documents under the control of our employees, agents, and CONTRACTORS that relate to activities for at least 5 years post certification of completion.
Also, must provide DEQ 60 days notice PRIOR TO DESTRUCTION of records for up to 10 years post certification.
The City will reimburse DEQ for costs specific to this site/project.
Before on-site work commences, the City will obtain and maintain for the duration of the Consent Judgment comprehensive insurance (GL & Auto combined single limit $1mil per occurrence-State
of OR additional insured)
The City is released from liability for issues agreed upon that happened before, but is liable for any claims arising from a long list of items that amount to not meeting our obligation
to prevent further contamination or meet the terms of this agreement. The City waives any cause of action against the State and releases the State from all liabilities.
The individual items in the scope of work are listed following this:
The City will install or require installation of engineering controls to mitigate the potential for vapor intrusion, and agree to institutional controls at the time of closing to enforce
the engineering controls.
Engineering controls installed at time of redevelopment. Specifies requirements for venting of accumulated vapors to outdoor air.
Easement and Equitable Servitudes that will enforce the maintenance of engineering controls and prevent use of site groundwater.
Prior to building demolition, the City will prepare a contaminated media management plan (CMMP) for use by contractors working at the site.
At the time of demolition the City will perform additional environmental investigation to evaluate whether soil cleanup work may be necessary to reduce or eliminate the need for the
vapor mitigation system.
Additional investigation consists of five soil gas sample points with follow-up soil and groundwater sampling, gaining advance concurrence with DEQ for the location of testing.
If contaminated soils are identified, the most contaminated material will be removed to reduce or eliminate future risk from on-site sources.
If additional groundwater investigation is determined to be necessary then groundwater sampling may include up to four groundwater monitoring wells, sampled for four quarters. Push probe
groundwater sample points may be installed with DEQ approval.
Date or Timeframe
Responsible Party
City of Tigard
Saxony Judgment
No.
1
Page No.
4
Issue
Goundwater sampling
Description
Solvents found include PCE & TCE