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
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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