Legislation Details

File #: 2023-0693    Version: 1
Type: Motion Status: Approved
File created: 6/13/2023 In control: General Legislative Session
On agenda: 8/23/2023 Final action: 8/23/2023
Title: Motion 23-312, authorizing the County Executive to sign an Agreed Order with the Washington State Department of Ecology for the Former Tect Lease Area on Paine Field Airport
Sponsors: Airport, Nickolis Landgraff
Code sections: Charter 2.20(7) - To approve contracts or establish by ordinance methods by which any type of contract shall be approved
Attachments: 1. Motion 23-312, 2. Staff Report, 3. Contract - SIGNED, 4. Fiscal Worksheet, 5. Motion Assignment Slip

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

Motion 23-312, authorizing the County Executive to sign an Agreed Order with the Washington State Department of Ecology for the Former Tect Lease Area on Paine Field Airport

body

DEPARTMENT:  Airport                     

 

ORIGINATOR:  Andrew Rardin

 

EXECUTIVE RECOMMENDATION:  Approved by A Boungjaktha 7/21/23

 

PURPOSE: Agreed Order Contract between Department of Ecology and Snohomish County for remedial action at Airport.

 

BACKGROUND: .

•                     Snohomish County Airport has been investigating environmental contamination at the Former Tect Lease Area since the early 1990’s with Remedial Investigation (RI) reports submitted to the Department of Ecology.

•                     On December 13, 2018, Ecology sent the Airport an Early Notice Letter which stated that cleanup would need to occur on the property pursuant to the Model Toxics Control Act (MTCA).

•                     On November 23, 2021, the Airport submitted a request to enter the Department of Ecology Voluntary Cleanup Program (VCP).  The VCP program provides oversight of straight forward typical cleanup actions.

•                     On March 17, 2022, Ecology provided written notice that the Airport was a Potentially Liable Party (PLP) for the environmental contamination at the former Tect lease area.

•                     On February 1, 2023, Ecology formally terminated Airport’s enrollment in the VCP and deemed the site too complex and an Agreed Order (AO) would be required.

•                     The Airport, with assistance of its attorneys, has negotiated an Agreed Order with the Department of Ecology that requires the County to undertake all actions for remedial work.

•                     The Airport is responsible to reimburse Ecology staff hours worked on the AO which is estimated to be approximately $150,000 per year until completion.

 

FISCAL IMPLICATIONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU

2023

2024

1ST 3 YRS

API49-20-6301 - Other Improvements

$150,000

$150,000

$450,000

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$150,000

$150,000

$450,000

 

 

REVENUE: FUND, AGY, ORG, REV, SOURCE

2023

2024

1ST 3 YRS

410-3216800800 - Fund Balance

$150,000

$150,000

$450,000

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$150,000

$150,000

$450,000

 

DEPARTMENT FISCAL IMPACT NOTES:  The Airport Enterprise Fund has sufficient funds for this project and shall budget accordingly in future years.

 

CONTRACT INFORMATION:

ORIGINAL

X

CONTRACT#

AO

AMOUNT

$150,000 Per Year Estimate

AMENDMENT

 

CONTRACT#

 

AMOUNT

 

 

Contract Period

ORIGINAL

START

Upon Execution

END

Until Completion

AMENDMENT

START

 

END

 

 

OTHER DEPARTMENTAL REVIEW/COMMENTS:  Reviewed/approved by Risk - Shelia Barker 7/21/23 and Finance - Nathan Kennedy 7/21/23