Rapidly Revising an Approved Sediment Remedial Action Plan: A Brownfield Redevelopment Success Story

In the late 1990's the Port of Everett, Washington set in motion plans to re-develop the area where American Construction Company, Inc (American) and several other heavy industries were located as upscale condominiums, shops and restaurants. The Port gave American notice that they were exercising the year to year provisions of the lease and that American should vacate the property by the end of 2006. In early 2004 waterfront property was located on the Hylebos Waterway in Tacoma. However, the adjacent waterway had just started an extensive sediment remedial action under CERCLA and the property owner was one of many PRP's to the Mouth of the Hylebos cleanup. The owner of the property had notified the EPA he would not take part in the cleanup action and the EPA had placed an open lien on the property that exceeded it's fair market value. In addition, the NRD Trustees had notified the owner that Natural Resource Damages would be assessed at over $5 million. American's challenge was to acquire the property free from all liens and encumbrances brought about by the seller's intransigence. This effort effectively re-opened the ROD and Consent Decree. In less than three months, American and GeoMatrix performed extensive sediment characterization, redesigned the cleanup action from capping to dredging, and negotiated an indemnification agreement with the principal PRP's. American dredged 46,000 CM (60,000 CY) of contaminated sediments and disposed of them in the Port's Slip 1 CDF, and constructed a 92 M (300 foot) sheet pile bulkhead. The property was acquired free of all liens and encumbrances in December of 2004.