File #: 2025-0084    Version: 1
Type: Ordinance Status: In Committee
File created: 3/11/2025 In control: Transportation, Economy, and Environment Committee
On agenda: Final action:
Enactment date: Enactment #:
Title: AN ORDINANCE relating to the Lower Duwamish Waterway cleanup and authorizing the King County executive to sign and fulfill the obligations in the Consent Decree with the United States Environmental Protection Agency and the Washington state Department of Ecology and the associated multiparty Settlements to govern the cleanup of sediment contamination at the Lower Duwamish Waterway Superfund Site and address King County and other parties' roles, contributions, and obligations for cleanup.
Sponsors: Teresa Mosqueda
Indexes: Duwamish, Environmental Protection Agency
Attachments: 1. A. Consent Decree, 2. B. Cost Settlement and Implementation Agreement for Lower Duwamish Waterway Superfund Site, 3. C. Settlement Agreement and Mutual Release Between Settling Cash-out Parties, The Boeing Company, the City of Seattle, and King County, 4. D. Settlement Agreement and Mutual Release between Continental Holdings, Inc., The Boeing Company, the City of Seattle, and King County, 5. E. Settlement Agreement Regarding Shared Allocation and Database Costs, 6. 2025-0084 transmittal letter, 7. 2025-0084 Fiscal Note, 8. 2025-0084 Legislative Review Form, 9. 2025-0084 SR LDW Consent Decree, 10. ATT4_Lower Duwamish Waterway CD Briefing_RWQC
Drafter
Clerk 02/27/2025
Title
AN ORDINANCE relating to the Lower Duwamish Waterway cleanup and authorizing the King County executive to sign and fulfill the obligations in the Consent Decree with the United States Environmental Protection Agency and the Washington state Department of Ecology and the associated multiparty Settlements to govern the cleanup of sediment contamination at the Lower Duwamish Waterway Superfund Site and address King County and other parties' roles, contributions, and obligations for cleanup.
Body
STATEMENT OF FACTS:
1. The United States Environmental Protection Agency and Washington state Department of Ecology identified King County as having potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. ?? 9601 et. seq., and the Washington state Model Toxics Control Act, chapter 70A.305 RCW, for sediment contamination at the Lower Duwamish Waterway Superfund Site related to discharges of contaminants from county facilities, including, but not limited to, the King County International Airport and the regional combined sewer system.
2. The county as part of an early performing party group voluntarily entered into an Administrative Order on Consent in 2000 to investigate sediment contamination and assess alternatives for cleanup of the site.
3. The United States Environmental Protection Agency selected a remedy or cleanup plan for the site in a Record of Decision in 2014.
4. Following the United States Environmental Protection Agency's issuance of the cleanup plan in 2014, the county and other early performing parties launched a confidential alternative dispute resolution process, known as the Lower Duwamish Waterway Allocation, designed to allocate costs and secure funding for cleanup through multiparty settlements among dozens of parties.
5. The county and other performing parties entered into multiple successive amendments to the 2000 Administrative Order on Consent that advanced ...

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