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EXH AR023656: Memo Nye to Alexander — Changing Scope Agreed Order, Cleanup Actions or CAP

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This October 2000 internal memo from Roger Nye to TCP Section Head Steve Alexander explains the history of the Agreed Order between Washington State Ecology and the Port of Seattle regarding environmental cleanup at Sea-Tac Airport. It describes how the Port agreed to conduct a large-scale groundwater evaluation under an Agreed Order, with the understanding that a risk-based cleanup remedy scenario would be developed if contamination risk proved low. The memo also notes that the Agreed Order intentionally excluded language about remedial actions, with Ecology reserving the right to formally intervene if cleanup became necessary.

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Notes

Memo dated October 16, 2000 from Roger Nye to Steve Alexander, TCP Section Head, NWRO, regarding the history and scope of the Agreed Order at Sea-Tac Airport under MTCA (Model Toxics Control Act). Explains background of failed Agreed Orders attempted by predecessor Linda Priddy with Port of Seattle’s Elizabeth Leavitt (1993), the September 30, 1994 meeting involving Mike Rundlett, Mike Gallagher, Kathy Gerla, Dave Aggerholm, Tom Newlon, and Paul Agid, and the Port’s agreement to conduct a large-scale groundwater evaluation (RI for groundwater) under an Agreed Order in exchange for a risk-based presumptive remedy scenario. Describes the ‘side letter’ — a separate document negotiated between Kathy Gerla/Jerri Thomas and Tom Newlon — outlining the risk-based remedy scenario if groundwater evaluation showed low risk. Notes pollution prevention component, Interim TPH policy implications, and Ecology’s decision not to include remedial action language in the Agreed Order. AR 023656–023658.

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