HomeMy WebLinkAboutAgreements/Contracts - Public WorksGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Public Works
REQUEST SUBMITTED BY:Shilo Nellis
CONTACT PERSON ATTENDING ROUNDTABLE. Sam Castro
CONFIDENTIAL INFORMATION..- DYES ii NO
DATE: 05/09/2024
PHONE: 509-754-6082
------------------------------
--------- -----
RAgreement lContract
OAP Vouchers
DA ppointment / Reappointment
DARPA Related
0Bids / RFPs I Quotes Award
0Bid Opening Scheduled
DBoards / Committees
0 Budget
OComputer Related
nCounty Code
ElEmergency Purchase
0 Employee Rel,
DFacilities Related
OFinancial
0 Funds
El Hearing
0 Invoices / Purchase Orders
[Grants – Fed/ StatelCounty
01.eases
DMOA/Mou
0,Mlnutes
00rdinances
[]Out of State Travel
El Petty Cash
E] Policies
OProclarnations
D Request for Purchase
. 11 Resolution
DRecommendation
El Professional Serv/Consultant
OSupport Letter
[]Surplus Req.
[]Tax Levies
OThank You's
[]Tax Title Property
OWSLCB
Grant County Ephrata Landfill 1 Cleanup Site - Response to PLP's Schedule
- - - -------------- - - ------------
Propo-sal and End of- Amendment Negotiations on Agreed Order No. DE 381
If necessary, was this document reviewed by accounting? El YES El NO � N/A
If necessary, was this document reviewed by legal? 0 YES El NO R N/A
.1
DATE OF ACTION: -5, I li--z,-4
APPROVE- DENIED ABSTAIN
D i
D2:
D3,
DEFERRED OR CONTINUED TO, 1-1//
TA#
188
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Eastern Region Office
4601 North Monroe St., Spokane, WA 99205-1295,o 509-329-3400
May 1, 2024
Sam Castro
Public Works Director
Grant County
P.O. Box 37
Ephrata, WA 98823
Re: Grant County Ephrata Landfill 1 Cleanup Site -• Response to PI -Ps' Schedule
Proposal and End of Amendment Negotiations on Agreed Order No. DE 3810
Dear Sam Castro:
On April 23, 2024, the Department of Ecology (Ecology) received Grant County's
proposal for a schedule change in the Third Amendment to Agreed Order No. DE 3810
(Amendment). In particular, Grant County proposed that the 30%, 60%, and 90% plans,
specifications, and estimates (PS&E) submittals be due on 120-, 90-, and 60 -day
schedules, respectively. Ecology received a similar request from the City of Ephrata
(City) on April 25.
Ecology accepts the potentially liable persons' (PLP) schedule revision proposal for the
PS&E portion of the project in good faith, and under the assumption, in accordance with
Ecology grant guidelines, that costs and efforts associated with the completion of the
work will be reasonable. The final agreed order amendment with the updated schedule
is attached.
Ecology will continue to review the information provided by the City on the naming of
additional PI -Ps; this fact is not, however, an acceptable reason to continue to delay
moving forward with the Amendment. If the City's attorneys believe that the evidence
indicating responsibility is strong enough to legitimate Ecology naming additional PI -Ps,
there is nothing preventing them from pursuing legal action against those entities
independently.
Sam Castro
May 1, 2024
Page 2
As we move forward into the next stage of the project, Ecology would like to express
concern about the history of delay and repeated schedule extension on this project for
reasons that were within the control of the PI -Ps. As outlined in previous letters,
disagreements between the PI -Ps are not legitimate reasons for schedule extensions,
nor is inefficiency or workload issues on the part of PLP consultants. The schedule as
written in this Amendment is reasonable and achievable, and is necessary to move the
site toward cleanup in a timely manner.
The 60 -day negotiation of the Amendment began on June 13, 2023. In accordance with
WAC 173-340-530, discussions on the agreed order are not to exceed 60 days unless
Ecology determines that it is in the public interest. At this time, Ecology is ending
negotiations on the amendment to the Agreed Order No. DE 3810 as of the date of this
letter, since all outstanding points of disagreement have been satisfied.
Please send indication of Grant County's intention to sign the Amendment after the
required 30 -day public comment period to Site Manager Kristin Beck at
kristin.beck@ecy.wa.gov by May 3, 2024.
Ecology looks forward to completing the public comment period for the agreed order
amendment, signing the Amendment, and moving forward with the interim action in a
cooperative manner.
Sincerely,
Nicholas Acklam
Section Manager
Toxics Cleanup Program
Eastern Regional Office
cc: Kristin Beck, Ecology
Jeremy Schmidt, Ecology
Victoria Banks, Attorney General's Office
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by:
Grant County &The City of Ephrata
TO:
Grant County
PO Box 37
Ephrata, WA 98823
City of Ephrata
11 Alder Street SW
Ephrata, WA 98823
AMENDMENT NO.3 TO
AGREED ORDER
No. DE 3 810
I. AMENDMENT
Agreed Order (Order) No. DE 3 810 dated January 3 0, 2007, as amended on November 26,
2012 and January 19, 2016, is hereby amended to incorporate the information and requirements
contained in this Amendment. This Amendment is issued pursuant to the Model Toxics Control
Act (MTCA), RCW 70A.305.050 (1) and, except as indicated below, does not replace or change
any of the existing requirements of the Order, which shall remain in effect.
V. FINDINGS OF FACT
Section V (Findings of Fact) is amended by adding the following facts:
(12) Amended Agreed Order No. DE 3810 entered into by Ecology, Grant County, and
the City of Ephrata on January 19, 2016, required the potentially liable persons (PLPs), Grant
County and the City of Ephrata, to complete an interim remedial action at the Site, which included
a pilot study of multiphase extraction (MPE) in the P 1 zone, which was saturated and was first
dewatered; a pretreatment facility and evaporation pond to manage the discharges associated with
dewatering and MPE; and installation of new groundwater monitoring wells along the parcel
Amendment No. 3 to Agreed Order No. DE 3810
Page 2of5
boundary north of the original landfill. The findings from the interim remedial action completed
in 2017 were detailed in the report:
Parametrix, 2018 (February), Multi -Phase Extraction Pilot Test, Interim Remedial Action,
Ephrata Landfill.
(13) The Remedial Investigation was supplemented with installation of additional
monitoring wells between 2019 and 2021 to further characterize the hydraulic properties and
contaminant distribution in the P1, P2, and Roza water -bearing units. Seventy-six (76) new
monitoring wells were installed. Additional hydraulic slug testing and groundwater monitoring
was performed to inform the Site conceptual model. The monitoring well network now includes
143 wells. The data from the supplemental investigation is detailed in the report:
Pacific Groundwater Group, 2022, Results of Phase I North End Supplemental
Investigation, Ephrata Landfill REFS.
(15) Evaluation of cleanup technologies in the updated Feasibility Study prepared for
the Site identified multiphase extraction (MPE) in the P1 and P2 water -bearing zones at the
location where the 2,350 drums were formerly buried on the Site. The evaluation of cleanup
alternatives was updated to reflect the additional Remedial Investigation data and presented in the
report:
Parametrix Inc., 2022, Ephrata Landfill Remedial Investigation and Feasibility Study
Completion, October 31, 2022.
VI. ECOLOGY DETERMINATIONS
Section VI (Ecology Determinations) is amended by adding the following:
17. Ecology has determined that the pilot test of the MPE system in the PI water -
bearing zone was successful at removing contaminant mass in groundwater and vapor in the
vicinity of the drum source area. However, Ecology has not been able to determine whether
expansion of the MPE system into the P2 water -bearing zone would be effective as an aspect of
Amendment No. 3 to Agreed Order No. DE 3810
Page 3 of 5
the final remedy, because MPE pilot testing was previously completed only within the P 1 water -
Baring zone.
18. Based on results of the MPE interim action and supplemental groundwater
investigation as specified above, Ecology is requiring the PLPs to perform the interim actions
described in the Scope of Work and the Schedule of Deliverables and Actions, attached as Exhibits
A and B.
19. Based on all information known to Ecology, Ecology has determined that the
interim actions required herein are necessary to reduce a threat to human health or the environment
by substantially reducing one or more pathways for exposure; to correct a problem that may
become substantially worse or cost substantially more to address if the remedial action is delayed;
or are needed to provide for completion of the remedial investigation/feasibility study or design of
the cleanup action in accordance with the Washington Administrative Code (WAC) Chapter 173-
340-430(1). Performing the interim action will result. in a partial cleanup of the Site and is
consistent with WAC 173-340-430.
20. Ecology believes that the additional work to be performed as an interim action is in
the public interest.
VII. WORK TO BE PERFORMED
Section VII (Work to Be Performed) is amended by adding the following actions:
E. The PLPs shall furnish all personnel, materials, and services necessary for, or
incidental to, the planning, initiation, completion, and reporting of the interim actions summarized
below and further detailed in the Scope of Work (Exhibit A) and Schedule of Deliverables and
Actions (Exhibit B).
• Prepare and submit for Ecology's review and approval draft and final versions of
an Interim Action Work Plan that outlines the planned restart operation of the
Amendment No. 3 to Agreed Order No. DE 3810
Page 4of5
existing pilot system in the PI water -bearing zone after making necessary repairs
and updates, and continue seasonal operation until MPE system expansion begins.
• With Ecology approval, implement the final approved Interim Action Work Plan
for the existing P 1 water -bearing zone.
9 Prepare and submit for Ecology's review and approval draft and final versions of
an Interim Action Work Plan that outlines the planned operation of an expanded
MPE system in the P1, P2, and Roza water -bearing zones.
• With Ecology approval, implement the final approved Interim Action Work Plan
for the expanded MPE system.
• Evaluate and identify, as appropriate, groundwater monitoring to evaluate MPE
system performance and impacts on groundwater quality in the P1, P2, and Roza
water -bearing zones.
• Complete an assessment of natural attenuation of the Site contaminants of concern
(COCs) in groundwater, including geochemical parameters, for evaluation of
downgradient biotic and abiotic attenuation of contaminants.
Exhibits A and B are incorporated by reference and are an integral and enforceable part of the
Order. The work to be performed is to conduct additional interim actions. The PLPs shall
commence work and thereafter complete all tasks in Exhibit A in the time frames and framework
provided in Exhibit B unless Ecology grants an extension in accordance with Section VIII.K, or
unless provided otherwise in the Order. Each Element of Exhibit A shall be implemented and
completed in accordance with MTCA (Chapter 70A.305 RCW) and its implementing regulation
(Chapter 173-340 WAC) as amended, and all applicable federal, state, and local laws and
regulations.
Amendment No. 3 to Agreed Order No. DE 3810
Page 5 of 5
VIII. TERMS AND CONDITIONS OF ORDER
Section VIII (Terms and Conditions of Order) is amended by replacing the applicable language
in the identified sub -sections as follows:
A. Public Notices (replace in whole)
Agreed Order No. DE 3810, Amendment Nos. 1, 2, and 3 to the Order have been the
subject of public notice and comment pursuant to WAC 173-340-600.
D. Designated Project Coordinators
The project coordinator for Ecology is:
Kristin Beck
Department of Ecology
Eastern Regional Office
4601 N Monroe
Spokane, WA 99205-1295
The project coordinator for Grant County is:
Sam Castro, C.P.O
Public Works Director
124 Enterprise Street SE
Ephrata, WA 98823
The project coordinator for the City of Ephrata is:
Ray Towry
City Administrator
121 Alder Street SW
Ephrata, WA 98823
Effective date of this Amendment:
Amendment No. 3 to Agreed [drier No. DE 3810
Page 6 of 5
GRANT COUNTY STATE OF WASHINGTON�
DEPARTMENT OV0SCO LOGY
Chair cornmissi p oner, Cindy Carter Marm , A. Solheim
Section Manager
Solid Waste Management Program
Eastern Region Office
Telephone: (509)38,5-9142
..........
Vice Commissioner, Danny E. Stone
Cominissioner, Rob Jones
CITY OF B PHRATA
Mayor
............
City Administrator
Exhibit A Scope of Work
EXHIBITA
SCOPE OF WORK
PURPOSE
The work under this Amendment No. 3 to Agreed Order No. DE 3810 (AO) involves conducting
Interim Actions at the Grant County Ephrata Landfill site (Site) for the treatment of groundwater
and soil gas contaminated with volatile organic compounds (VOCs) and non -aqueous phase liquid
(NAPE).
A remedial action implemented prior to completing the Cleanup Action Plan is an interim action and
must be implemented in accordance with WAC 173-340-430, the AO, and its amendments. Interim
actions:
1. are technically necessary to reduce a threat to human health or the environment by
eliminating or substantially reducing one or more pathways for exposure to a hazardous
substance;
2. correct a problem that may become substantially worse or cost substantially more to address
if the remedial action is delayed; or
3. are needed to provide for completion of the remedial investigation/feasibility study or
design of the cleanup action.
The Washington State Department of Ecology (Ecology) has determined that these interim actions
can be designed and implemented in a manner that does not foreclose any other reasonable
alternatives for the final cleanup action that may be required for the Site.
The potentially liable persons (PLPs) shall coordinate with Ecology and provide progress updates
and draft deliverable review to Ecology during the development of the deliverables associated with
this work and during implementation of the interim actions. The PLPs shall keep Ecology informed
of any significant changes and of any issues or problems as they develop during the performance of
the interim actions.
The PLPs shall prepare electronic copies of the agency -review draft deliverables and submit them to
Ecology for review. After incorporating Ecology's comments on the agency -review draft deliverable
and after Ecology approval, PLPs shall prepare and submit an electronic copy and one hard copy of
the final deliverable. Electronic files shall be submitted in their native file format and, for files that
can be saved as such, Adobe (.pd fl format. Schedule compliance will be based on submittal of
electronic files, with transmittal of hard copies within 2 weeks following electronic submittal. Once
approved by Ecology, the PLPs will implement the work according to the SCHEDULE OF
DELIVERABLES AND ACTIONS (Schedule) (Exhibit B).
Page 1 of 9
Exhibit A Scope of Work
TASKS AND DELIVERABLES
The Scope of Work (SOW) is divided into seven major tasks:
Task 1. Operation of Existing P1 Infrastructure
Task 2. Interim Action Work Plan (IAWP)
Task 3. Multi -phase Extraction (MPE) System Expansion
Task 4. Pilot Testing
Task 5. Interim Action Progress and/or Completion Report (IAPR, IACR)
Task 6. Interim Action Monthly Performance Reports
Task 7. Groundwater Monitoring Reports
Task 1. Operation of Existing P1 MPE System
The PLPs shall begin operation of the existing P 1 MPE system to implement MPE while the IAWP
is developed. The following subtasks shall comprise this task:
1. Development of an existing P 1 system work plan for the repairs and replacements,
monitoring and sampling, and health and safety requirements needed to restart and operate
the existing MPE system. This work plan should be commensurate with the amount of work
occurring, and should reference the original work plan, operation and maintenance (O&M)
manual, and other documentation related to the 2017 pilot testing as necessary to outline the
planned operation of the system and any changes that will be made.
2. Reinstall well pumps, repair pipes, and restart the existing MPE system. Commence
ongoing system operation, maintenance, monitoring, and sampling during the months of
April through October until the system needs to be shut down to allow for construction of
the expanded MPE system, as outlined in Task 3 below.
Task 2. Interim Action Work Plan
The PLPs shall prepare an IAWP prior to implementation of the pilot tests. An agency -review draft
IAWP will be submitted for Ecology review and approval. The IAWP will be prepared with detail
commensurate with the work to be performed and in accordance with WAC 173-340-430 and will
include, as appropriate:
• Description of the interim actions including their purpose, general requirements, and
relationship to the proposed (final) cleanup action;
• Summary of relevant information from site investigations or previous interim actions that
are relied upon in the IAWP, such as existing MPE system construction records and
O&M manuals, well installation data, groundwater elevations, contaminant
concentrations, and groundwater screening levels applicable to the interim action;
Page 2 of 9
Exhibit A Scope of Work
• Preliminary engineering design and construction information, as applicable, in
accordance with WAC 173-340-400;
• An O&M plan developed in accordance with WAC 173-340-400(4)(c), to the extent
feasible using the existing O&M manual, and representative operation and control
strategies for planned new facilities and equipment;
• Identification of potential treatment waste streams, including consideration of any
reagents that might be used, their potential concentrations, applicable waste
management regulations, and waste management procedures;
• Health and Safety Plan (HASP) that meets WAC 173-340-810 requirements;
• Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP) that
meets WAC 173-340-820 requirements. The SAP/QAPP should include sampling
components for protection and performance monitoring that would be included in a
Compliance Monitoring Plan (CMP) in accordance with WAC 173-340-410, including
any additional groundwater sampling needed to fully inform a natural attenuation
analysis for the dissolved phase plume;
• Identification of any necessary permits required prior to MPE system expansion, and
substantive requirements of law or regulation for which MTCA creates a permit exemption.
The IAWP shall detail the following:
1. Proposed Well Layout for Extraction and Soil Vapor Extraction (SVE) and/or
Venting
Outline the expansion area of the MPE system, including a description of the wells used for
extraction, the process for determining the effects of SVE or venting on radius of influence,
and planned steps for optimization after MPE system expansion. Describe the steps for
identifying wells to be tested for venting (admitting air into the extraction zone to increase
the subsurface gas flow toward extraction wells).
2. Expansion and/or Replacement of MPE Infrastructure
Summarize preliminary plans to expand the existing MPE infrastructure, such as piping,
fittings, pumps, transducers, building size, electrical power supply capacity, and any other
ancillary systems so that the system can accommodate the estimated needs for additional
pilot tests. The MPE system shall be designed for at least 5 years of annual seasonal operation
from approximately April through October in the P1, P2, and Roza aquifers.
Page 3 of 9
Exhibit A Scope of Work
3. Assessment of Prior Pilot Test Recommendations
Outline how the recommendations in the previous pilot test report (Parametrix and Pacific
Groundwater Group 2018) will be implemented, including any changes resulting from well
network expansion and/or additional monitoring since the previous test. The prior
recommendations included:
• Above ground design considerations;
• Equipment upgrades;
• Operation processes to enhance MPE operation and SVE effectiveness; and
• Updates to liquid and vapor treatment trains.
4. Outline of Expected Pilot Study Sequencing
Present an outline of the pilot study test sequence. The following pilot test sequence may
include:
• Sampling and gauging PI water -bearing zone wells prior to any dewatering;
• P 1 zone dewatering without vacuum;
• Water level monitoring;
• Periodic liquid treatment train sampling;
• Application of vacuum to P 1 wells;
• Periodic vapor treatment train sampling at the start of P 1 zone vacuum application;
• Evaluation of MPE system vacuum influence;
• Startup and testing of the P2 zone system concurrent with ongoing operation of the
PI zone system;
• Evaluation and subsequent application of MPE to the Roza water -bearing zone by
following the general sequence outlined above, concurrent with ongoing operation
of the PI and P2 zone systems.
5. Assessment of Treatment Train Capacity and Cost
Assess the capacity of the treatment system components to ensure that the system is capable
of treating the full MPE system flow; and propose modifications to the system if needed to
ensure reliable seasonal operation for at least 5 years.
6. Preliminary MPE System Expansion Design Information
Describe preliminary engineering design updates to the existing system plans and
specifications, including:
Page 4 of 9
Exhibit A Scope of Work
• Treatment system description;
• Outline of the process for adjusting vacuum pressure used in the system;
• Estimate of groundwater and vapor extraction rates;
• System inlet and outlet concentrations and estimated treatment
efficiency;
• Identification of generated waste streams and waste management processes;
• Identification of treatment byproducts, their concentrations, any regulatory
requirements applicable to the byproducts, and any necessary management
requirements.
7. Groundwater Monitoring Plan
Outline planned groundwater monitoring to be completed during the interim actions to
assess system impacts to groundwater. The groundwater monitoring plan shall reference the
SAP and QAPP whenever possible to reduce redundancy.
Task 3. Multiphase Extraction System Expansion
The PLPs shall develop plans, specifications, and estimates (PS&E) for expansion of the MPE
system consistent with the approved IAWP and state law. PS&E shall include applicable
engineering design and construction information, as specified in WAC 173-340-400, including a
construction schedule and personnel roles and responsibilities.
The PLPs shall provide the draft PS&E at the thirty (30), sixty (60), and ninety (90) percent design
completion levels for Ecology review and comment. The PLPs shall obtain Ecology's approval of the
final PS&E prior to advertisement for bids. The PLPs shall notify Ecology of the notice to proceed,
substantial completion, and beneficial occupancy dates. The required construction schedule shall be
consistent with the Schedule (Exhibit B).
The PLPs shall solicit bids and administer the construction contract consistent with the applicable
requirements of the Revised Code of Washington (RCV) and Washington Administrative Code
(WAC).
The PLPs shall submit construction documentation to Ecology following substantial completion in
accordance with the Schedule. Construction documentation shall include O&M manuals provided by
the contractor, record drawings, and an updated O&M Plan developed in accordance with WAC 173-
340-400(4)(c).
Task 4. Pilot Testing
The PLPs shall conduct pilot tests consistent with the approved IAWP for the duration of the interim
Page 5 of 9
Exhibit A Scope of Work
actions. The PLPs shall conduct full system pilot testing for at least 2 years, or longer if required by
Ecology, ending the pilot testing when approved by Ecology. Full system pilot testing means
dewatering and vapor extraction from all extraction wells, monitoring, and sampling from
approximately April through October (extraction season) and monitoring and sampling only from
approximately November through March (off season) in accordance with the IAWP.
Task 5. Interim Action Progress and/or Completion Report
The PLPs and their technical consultants will develop an Interim Action Progress Report (IAPR)
following completion of Tasks 1-3 and after the first two years of full system pilot testing (Task 4).
The IAPR shall include, but not be limited to:
• A summary of the work completed, any deviations from the work plan(s), vapor
monitoring results, and relevant groundwater monitoring results;
• A summary of MPE system performance, mass recovery and treatment system
efficiency for the first two years of full system pilot testing; and
• Assessment of the MPE system performance, including any recommendations to
improve system performance.
The PLPs will develop an Interim Action Completion Report (IACR) following completion of
Tasks 1-3 and after Ecology determines that pilot testing (Task 4) is complete. Should Ecology
determine that the pilot testing is complete after the first two years of full system operation, the
IACR will replace the IAPR. Should pilot testing continue for more than two years, the IAPR will
be developed as described above and the IACR will address additional data and analysis starting
with the third year of frill system operation until the pilot testing ends. The IACR shall include, but
not be limited to:
• A summary of the work completed, any deviations from the work plan(s), vapor
monitoring results, and relevant groundwater monitoring results;
• A summary of MPE system performance, mass recovery and treatment system
efficiency for two or more years (through the end of testing) of full system pilot
testing; and
• Assessment of the MPE system performance, including any recommendations to
improve system performance.
Task 6. Interim Action Monthly Performance Reports
By the 151 of the month following the effective date of this Agreed Order Amendment and
Page 6 of 9
Exhibit A Scope of Work
thereafter through the end of the interim actions, the PLPs shall submit a Monthly Performance
Report to Ecology that details:
1. Site -related activities that have taken place during the reporting period, including progress
on upcoming deliverables;
2. Detailed description of any deviations from required tasks not otherwise documented in
project plans or amendment requests;
3. Any proposed changes to the tests described in the Existing P1 System Work Plan or
IAWP, along with rationale;
4. Detailed description of any deviations from the Scope of Work (this exhibit) and Schedule
(Exhibit B) during the reporting period, and any planned deviations in the upcoming
reporting period;
5. For any deviations in schedule, a plan for recovering lost time and maintaining compliance
with the Schedule (Exhibit B);
6. All raw data (including laboratory analyses) received during the previous month together
with a detailed description of the underlying samples collected;
7. Summary results of field measurements and monitoring, including:
o Cumulative records of liquid and vapor flow through the treatment system;
o Calculated liquid and vapor phase treatment efficiencies where treatment system
inlet and discharge concentrations are available;
o Volume of phase -separate NAPL in the oil -water separator;
o System operating parameters including vacuum, well vapor train valve positions,
and well pump cycle counts;
S. Summaries of system performance metrics and statistics;
9. Summaries of extraction network metrics and statistics;
10. Estimates of VOC/NAPL mass removed from groundwater and vapor; and
11. A list of deliverables for the upcoming reporting period, if different from the Schedule
(Exhibit B).
Task 7. Groundwater Monitoring Reports
The PLPs will produce semiannual groundwater monitoring reports that incorporate, but are not
limited to, the following:
• Summary tables of all groundwater monitoring data for the sampling period;
• A brief summary of statistical results and/or any statistical trends for the monitoring
period and since 2017;
Page 7 of 9
Exhibit A Scope of Work
• A copy of potentiometric surface maps for each groundwater monitoring event that
occurred during the monitoring period;
• A summary of groundwater flow rate and direction, including analysis of any changes in
flow rates or direction due to recent MPE system operation;
• A summary of geochemical parameters, including cation -anion balances and trilinear
diagrams, as appropriate; and,
• An updated evaluation of system operation with respect to groundwater monitoring
data; contaminant fate and transport; contaminant mass removal rates in groundwater;
natural attenuation of indicator hazardous substances in groundwater; and/or exposure
pathways, if applicable.
The PLP or their contractors shall submit all sampling data generated under this AO to Ecology for
entry into Ecology's electronic data management system in accordance with WAC 173-340-840 and
Ecology's Toxics Cleanup Program relevant policies. Validated data is required to be in Ecology's
electronic database within 30 days of submittal of the associated semiannual groundwater
monitoring report.
Page 8 of 9
Exhibit A Scope of Work
REFERENCES
Parametrix and Pacific Groundwater Group. 2018. Multi -Phase Extraction Pilot Test Interim
Remedial Action Ephrata Landfill. Prepared by Parametrix, Seattle, WA. February 2018.
Page 9 of 9
Exhibit B Schedule of Deliverables and Actions
EXHIBIT B
SCHEDULE OF DELIVERABLES AND
ACTIONS
The schedule for deliverables and actions described in Amendment No. 3 to the Agreed
Order (AO) and Scope of Work (SOW) is presented below. References to days in the
schedule are calendar days. If the submission date of any item or notification required by
this schedule occurs on a weekend, state, or federal holiday, the date for submission of
that item or notification is extended to the next business day following the weekend or
holiday. When the start date of dewatering (i.e., for restart of the existing multiphase
extraction [MPE] system or startup of the expanded system) would be after September 1
based on the sequence and time intervals in the table below, the start date will be
postponed to the following April 1.
Where a deliverable due date is triggered by Ecology notification, comments, or
approval, the starting date for the period shown is the date the potentially liable persons
(PLPs) receive such notification, comments, or approval. Where triggered by Ecology
receipt of a deliverable, the starting date for the period shown is the date Ecology
receives the deliverable. Modifications to this schedule will be granted in accordance
with the process described in Section VIII.K of the original Agreed Order, dated January
30, 2007.
Task
Deliverables/Actions
Completion Times
1
Submittal of Ecology-
30 days following the effective date of
review draft of Existing PI
Amendment No. 3 to AO No. DE 3 810
System Work Plan
Begin operation of Existing
45 days after Ecology approves the Existing P 1
P 1 System
System Work Plan; restart the system and
continue seasonally as described in the SOW
until shutdown is required at the time of MPE
expansion.
2
Submit Ecology -review
120 days following the effective date of
draft Interim Action Work
Amendment No. 3 to AO No. DE 3810
Plan (IAWP) for MPE
expansion
Submit the proposed final
30 days following receipt of Ecology comments
draft IAWP and comment
on Ecology -review draft IAWP
response summary
Submittal of the final IAWP
7 days after receipt of any final Ecology
to Ecology
comments and/or approval of the proposed
final IAWP
3
Submit Ecology -review
120 days after Ecology approval of the IAWP
draft 30% plans,
specifications, and
estimates PS&E) for MPE
Page 1 of 2
Exhibit B Schedule of Deliverables and Actions
Task
Deliverables/Actions
Completion Times
.
expansion
Submit Ecology -review
90 days after receipt of Ecology comments on
draft 60% PS&E
the 30% PS&E
Submit Ecology -review
60 days after receipt of Ecology comments on
draft 90% PS&E
the 60% PS&E
Start MPE expansion
4 months after receipt of Ecology comments on
construction (notice to
the 90% PS&E
proceed date
Substantially complete
6 months after notice to proceed date.
MPE Expansion
construction (substantial
completion)
Submit contractor -provided
60 days after substantial completion
operation and maintenance
(O&M) Manuals,
Construction Record
Drawings, and Updated
O&M Plan to Ecology
4
Start the expanded pilot
30 days after substantial completion
tests
End the pilot tests
After at least 2 years of full system pilot
testing, and with Ecology approval
5
Submit Ecology draft
90 days after 2 years of full system operation
Interim Action Progress
(replaced by completion report if Ecology
Report IAPR
notifies the PLPs that pilot testing can end
Submit proposed final
30 days after receipt of Ecology comments on
IAPR to Ecology
the draft IAPR
Submit final IAPR to
7 days after receipt of any final Ecology
Ecology
comments and/or approval of the proposed
final IACR
Submit Ecology -draft IACR
90 days after Ecology notifies the PLPs that the
ilot testing can end
Submit proposed final
30 days after receipt of Ecology comments on
IACR to Ecology
the draft IACR
Submit final IACR to Ecology
7 days after receipt of any final Ecology
comments and/or approval of the proposed
final IACR
6
Interim Action Monthly
Due to Ecology on the 15th of month following
Performance Reports
the effective date of Amendment No. 3 to AO
No. DE 3810
7
Groundwater Monitoring
Semi-annual reports submitted within 60 days
Reports
of the end of each extraction season and each
offseason
Electronic data submittal to
30 days following submittal of the associated
Ecology
semi-annual groundwater monitoring report
Page 2 of 2
AIVWW-
IL
April 23 d 2024
Nicholas M. Acklarn,
Section Manager -- ERO
Toxics Cleanup Program
Washington State Department of Ecology
Serial No. 24.038
The (County) is perplexed by Ecology"s expectation that (we) should sign the second proposed
final AO Amendment without resolution of the PS&E development schedule concerns. Despite
the progress made on other aspects of the, proposed final amendment, Ecology's proposed
schedule for PS&E development (60 days for 30% deli'verable, 30 days, each for 60% and 90%)
10
is not feasible.
This situation is vexing since (we) have made several other schedule concessions, 'Including-,
* Starting planning of the P 1 MPE restart and the expanded MPE 'interim actions ahead of
the, final AO amendment (early start).
o Acceptance of the 30 -day P1 MPE work plan schedule after the amendment effective
date, which is feasible with the early start.
Acceptance of the 120 -day Interim Action Work Plan (IAWP) development schedule,
which is also feasible with the early start.
o Acceptance of 90 days to deliver the 'interim action progress and completion reports,
granting development of those reports can start before the end of the respective reporting
periods.
Acceptance of EIM data submittal 30 days after the submittal of each semi-annual
groundwater monitoring, report, given the clarification that EI M submittal is only requited
following the semi-annual reports. I
In addition to achieving agreement in the areas mentioned above, (we) will also accept the 6 -
month construction schedule given Ecology's reassurances that uncertainties outside (our)
control will be given consideration should the construction take longer, -
The concurrence above resulted from a productive dialog with Ecology last December and
earlier conversations. We trust continuation of that approach will lead to a mutually acceptable
amendment.
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and
successful work environment."
Information .................................................... ..(609) 7644082 Andy Booth, Assistant County Road Eng1neer ......... Ext. 3519 John BrIsmy, Supervisor -Dist. No. l ............. 3539
FAX ...................................................................... (509)75445087 Bob Bersanti, Construction Enjon"r ...................... Ext. 3503 Mike DeTrollo, Supervisor -Dist. No. 2..............t509) 765-4172
Sam Castro, CPO Ptjbllc Works Director .................... Ext,.3504 Karen Maodke, Admin. Support Manager...... .... 11621EXt. 3551 Rusty Soalter, Supervlsw-Olst No. 3...............(509) 787-2321
Dave Bren, PE, County Road Engineer .......................Ext. 3502 Rod Follett Foreman -Sign Shop ............................... Ext 3579 John Spiess„ Supervisor -Central Shop ............. (509) 754-6086
Jason Collings Solld Waste.. ........................... (509) 7544-M Tim Money, Bildge Supervisor ....................................Ext. 3535
Last December, Parametrix described why more time was requested for P development. The
MPE expansion plan set will include about 60 sheets including electrical, controls, process
mechanical, and civil, along with 40 specification sections. Expanding the system requires
mechanical, electrical, and controls tie-in to existing infrastructure, which is more exacting than
designing all new work. The PS&E for the existing system was performance-based, including 51
technical specification sections and 23 plan sheets. After bidding, 26 electrical and control sheets
were added by the liquid and vapor treatment train fabricator to detail the work specified by
performance criteria. Parametrix will need to change most of the record drawings and add new
sheets to cover the new work and tie-ins. Parametrix will also need to modify most of the
specifications and may need to add sections. The engineering discipline leads for Paratnetrix
have all signed offon the requested 120 -day schedule to develop the 30% PS E. Each of the
engineering leads also opined that the schedule seemed aggressive. The 120 calenda*r days is
only about 88 working days, and PLP reviews further reduce the time available for design
development. The 30% PS&E development will need to be based on the design criteria in the
approved 1AWP. Although the early start has potentially shifted the planning and design
schedule ahead, it does not reduce the time needed to develop the 30% PS&E.
Parametrix originally requested 120 days for 60% and 90% P submittals, respectively, and
later agreed that 90 days from 30% to 60% should be manageable, followed by 60 days to get to
90%. This was based on the notion that a design team would have some momentum going to
60% and 90%, and tacitly assume reasonable concurrence by Ecology on the developing
documents,
In summary, (we) propose an aggressive schedule of 120, 90, and 60 days, respectively, to
develop 30%, 60%, and 90% PS submittals. We trust Ecology will reconsider the PS&E
development schedule. It is not feasible to develop the PS&E for this project on the 60, 30, and
30 -day schedule proposed by Ecology.
Respectfully,
.041
Sam Castro, CPO
Director of Public Works
SC:sn
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and
successful work environment."
InformStIon .........................................................(") 75�2 Andy Booth, AWstant County Road EngIneer .........Ext. 3519 John Briney, SuperVISOF-Dist. NO, 1- ......................... At. 3539
FAX ...................................................................... (�) 754-6087 Bob Semand, Construction Engineer........................ Ext 3503 Mike DeTrolto, Supervisor-DISt. No. IG..............(609) 7654:172
Sam Castro, CPO Public Works Diredor .................... Ext..35D4 Karen Meedke, Adm1n, Support Manager ............... Ext 3551 Rusty Soelter, Supervisor -Dist. No. 3...............(509) 787-2321
Dave Oren, PF, County Road Enjoneer ....................... Ext. 3602 Rod Follett, Foremen -Sign Ext 3579 John Spiess, Supervisor -Central Shop ............. (509) 754-6086
Jason Collings, Solid Waste ...........................(5M) 7544319 Tim Massey, Bridge Supervisor .................................... Ext. 3535