AN ORDINANCE authorizing the Director of Seattle Public Utilities to continue participating in environmental investigation and remediation of contamination of the South Park Landfill site under Washington State Department of Ecology Agreed Order 6706 and any subsequent Amendments to the Order; to enter into subsequent orders with the Washington State Department of Ecology to implement cleanup actions or tasks; to enter into interim cost-sharing agreements with other parties regarding activities related to site remediation; to enter into an agreement for another Potentially Liable Person to conduct an Interim Cleanup Action on a portion of the landfill which includes a permanent cost allocation for small portions of the site; to continue to seek and accept state remedial action grants for work related to the site; and ratifying and confirming certain prior acts.

WHEREAS, the historic South Park Landfill is generally located in the area of 8100 and 8200 Second Avenue South in Seattle's South Park neighborhood; and

WHEREAS, the City of Seattle was a historic operator and is a current owner of a portion of the South Park Landfill property; and

WHEREAS, the City of Seattle via the Director of Seattle Public Utilities, South Park Property Development LLC and the Washington State Department of Ecology (Ecology) signed an Agreed Order requiring the City of Seattle and South Park Property Development, LLC to investigate contamination, analyze cleanup alternatives and draft a Cleanup Action Plan for the South Park Landfill site; and

WHEREAS, the City of Seattle wishes to continue honoring its obligations under the Agreed Order, and

WHEREAS, Ecology awarded a Remedial Action Grant to the City of Seattle to cover up to fifty percent of the City of Seattle's grant-eligible costs related to the Agreed Order work; and

WHEREAS, the City of Seattle wishes to continue receiving Remedial Action Grant funds from Ecology; and

WHEREAS, the City of Seattle via Seattle Public Utilities and South Park Property Development, LLC, are currently sharing costs of the project on an interim basis, with final cost sharing allocations to be determined at a later time, unless otherwise specifically addressed within this Ordinance; and

WHEREAS, South Park Property Development LLC wishes to conduct an Interim Cleanup Action on its property and a portion of City of Seattle Right-of-Way; and

WHEREAS, Seattle Public Utilities, in consultation with Seattle Department of Transportation, has negotiated a proposed Interim Action agreement with South Park Property Development, LLC and King County; and

WHEREAS, the proposed Interim Action Agreement contains a provision for a permanent cost allocation of interim action cleanup costs in portions of City of Seattle Rights-of-Way; and

WHEREAS, the Agreed Order may be amended to allow an Interim Cleanup Action; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Seattle Public Utilities is hereby authorized to continue participating in the investigation and remediation of contamination of the South Park Landfill site (the Site) under Washington State Department of Ecology (Ecology) Agreed Order 6706 effective May 4, 2009, which is attached hereto as Attachment 1, and to execute and implement any subsequent amendments to Agreed Order 6706, including amendment of the Agreed Order to allow an Interim Cleanup Action; Seattle Public Utilities is further authorized to execute additional orders with Ecology to implement cleanup actions or tasks at the Site or any portion of the Site, provided that Seattle City Council is briefed prior to or, in case of emergency cleanup, as soon as practicable after execution of such orders; Seattle Public Utilities is further authorized to execute any agreements necessary to share the costs of implementing the Agreed Order and related remedial investigations, studies or actions on an interim basis with current and future Parties, specifically but not limited to, the South Park Property Development, LLC. Final allocation of remedial action costs shall be determined at a later time except where otherwise specifically addressed in this Ordinance.

Section 2. Seattle Public Utilities is further authorized to complete, finalize and enter into the proposed South Park Landfill Site Interim Action Agreement in substantially the same form as attached hereto as Attachment 2, said Agreement containing settlement of allocation of the costs of South Park Property Development, LLC's interim action cleanup in small portions of City of Seattle Rights-of-Way.

Section 3. Seattle Public Utilities is further authorized to execute state Remedial Action Grant Agreement No. G0900217 effective January 1, 2007 and attached hereto as Attachment 3, to execute four subsequent amendments attached hereto also in Attachment 3, and to seek and accept additional grant funds related to site remediation.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Section 5. Any act made consistent with the authority provided in this ordinance and prior to the effective date of this ordinance is hereby ratified and confirmed.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Sheila Claire Strehle Tad Shimazu SPU South Park Landfill ORD April 11, 2012 Version #7

Attachment 1, State of Washington Department of Ecology Agreed Order 6706

Attachment 2, South Park Landfill Site Interim Action Agreement

Attachment 3, Remedial Action Grant Agreement No. G0900217, with subsequent amendments 1-4