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Resolution 24-9-4C: Settlement Agreement and Release — Highline Water District and Port Of Seattle Regarding Tyee Well PFAS Contamination

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Highline Water District reached a settlement with the Port of Seattle after PFAS chemicals, likely originating from Seattle-Tacoma International Airport operations, were found to have contaminated the District's Tyee Well, forcing the District to suspend well operations in June 2022. The contamination required the District to purchase more expensive replacement water from Seattle Public Utilities, and new EPA regulations finalized in 2024 further prohibited resuming well use without installing costly treatment facilities. The two parties negotiated a mutual release of claims to resolve the District's operational and financial losses resulting from the contamination.

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Highline Water District Resolution 24-9-4C, adopted September 4, 2024, approving a Settlement Agreement and Release with the Port Of Seattle concerning PFAS contamination at the Tyee Well and Treatment Plant located on Port property near Seattle-Tacoma International Airport (SeaTac). The District discovered Perfluorononanoic Acid (PFNA) and Perfluorooctane Sulfonic Acid (PFOS) exceeding Washington State Department of Health action levels and EPA National Primary Drinking Water Regulation (NPDWR) maximum contaminant levels in the Tyee well groundwater source, suspended Tyee operations in June 2022, and began purchasing supplemental wholesale water from Seattle Public Utilities (SPU). The District asserted the PFAS contamination originates from Port operations at SeaTac and claimed operational and economic damages. The resolution authorizes the General Manager to execute the settlement agreement; the attached agreement sets out terms negotiated in good faith between Highline Water District and the Port Of Seattle.

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