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Portland Harbor Superfund Site Update

This article provides a brief update on the key project activities related to the Portland Harbor Superfund (PHSF) Site. The PHSF Site is an 11.6-mile reach of the Lower Willamette River between downtown Portland and the confluence with the Columbia River. The remedial investigation of the site is getting close to completion. After approximately 8 years, the draft remedial investigation (RI) and baseline risk assessment (BLRA) reports are expected to be submitted to the EPA before the end of 2009 and the feasibility study (FS) is expected to be completed in 2010. Tens of millions of dollars have been incurred to complete the field work for the RI and BLRA. Additional costs will be incurred to prepare the RI/BLRA report and FS. It was initially expected that a proposed remedial plan and Record of Decision (ROD) would be issued in 2012, but with the project’s history of delays due to the inherent complexity of the Site, the ROD may be even further off.

In January 2008, USEPA issued CERCLA Section 104(e) information request letters to about 280 current and former property owners, tenants, or facility operators in the general vicinity of the Site. Letters requested information about past material handling practices and known or suspected releases of contamination to the Willamette River. The USEPA will use this information to identify additional PRPs prior to issuing the ROD for the Site. According to the USEPA, a working group of PRPs are currently developing a process to determine individual PRP’s allocation of liability and contribution of investigation and remediation costs amenable to all. These costs only include activities associated with the in-water investigation and cleanup, and do not address costs associated with upland site investigation, source control, or remediation activities. These costs also do not include NRD costs. Reportedly, more than 120 PRPs have agreed to participate in a voluntary, non-judicial settlement process or signed tolling agreements with the respondents to the Administrative Order on Consent (AOC) for the In-Water Work.

In April 2009, the original respondents to the AOC for in-water work filed a lawsuit against 68 companies who had not previously agreed to enter into the voluntary settlement allocation process noted above, seeking payment for those companies’ share of the investigation and remediation costs at the Site. The plaintiffs estimate they have funded almost $70 million in investigation costs for the Site since 2001. On June 23, the plaintiffs filed an amended complaint reducing the number of defendants to 40.

As the date of the ROD draws near and with current estimates for remediation ranging from $500 million to $1 billion liability, allocation activities for the Portland Harbor RI/FS and remedial action costs will likely accelerate in 2010.

For more information, please contact John Elliott at (925) 403-6200.