Overview of NRDA Settlements

In the Matter of Ace Tank & Equipment Company. Agreement and Covenant Not to Sue Ace Tank & Equipment Company. U.S. Environmental Protection Agency (EPA) Agreement #10-09-0063-CERCLA.

Settling parties: Ace Tank & Equipment Company.

Site: Commencement Bay, Washington.

Effective date: July 29, 1998.

Copy of agreement or contact EPA.

Settlement elements: The property, formerly owned by the Tacoma Boatbuilding Company, located at 1840 Marine View Drive, and consisting of approximately 19 acres, was purchased by Ace Tank & Equipment Company. This agreement required Ace Tank to perform remedial work on the upland area as described in the Cleanup Action Plan prepared by DOE (exhibit 3 of the agreement) and for additional work as defined in section 5 of the agreement in exchange for covenants not to sue from the United States and the Puyallup and Muckleshoot Tribes. A portion of the settlement payments ($65,000) was made to the natural resource trustees and deposited in the Commencement Bay restoration account.

United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. The City of Tacoma and the Tacoma Public Utility, Civ. No. C97-5336RJB (W.D. Wash., Dec. 30, 1997)

Settling parties: The city of Tacoma and the Tacoma Public Utility.

Site: Commencement Bay, Washington.

Effective date: December 30, 1997.

Copy of agreement: Download this and related documents from the Administrative Record page.

Settlement elements: Under the agreement, the city will construct, monitor and maintain five habitat restoration projects (Middle Waterway, Swan Creek, Tahoma Salt Marsh, Hylebos Marsh, and Olympic View) in the Commencement Bay area in cooperation with the trustees (total project expenditures of $3,364,929). The city will provide $500,000 to fund trustee involvement in the restoration projects, and an additional $500,000 to support tribal trustees in overseeing the projects and enforcing environmental regulations. The city will operate a pollution-reporting hotline and provide ancillary support services for 5 years (at a cost of $75,000), and will provide up to $250,000 in inkind services for both restoration planning and implementation and for further efforts to identify and quantify natural resource injuries requiring restoration. In addition, the city will reimburse $227,000 of the trustees' past damage assessment costs. The value of the funds and services to be made available under the settlement totals $4,916,929. The parties have stipulated that the real property the city and the Tacoma Public Utility are making available for restoration projects has a total value of $2,721,818.

Settlement implementation: The city agreed to a restoration project development schedule that calls for it to begin developing one project per year over the ensuing 5 years (1997-2001). The first project, the Middle Waterway restoration project, was completed in 2000, followed by Swan Creek in 2002, Olympic View in 2003, and Tahoma Salt Marsh in 2004. The consent decree includes detailed provisions covering trustee involvement in, and review of, project development. Each of the projects are subject to applicable local, state, and Federal permit requirements, most of which include public review and comment procedures. Elements of the consent decree regarding the establishment of a pollution reporting hotline, the provision of inkind services, and so forth, were initiated following the final approval of the settlement agreement.

United States, State of Washington through the Washington Department of Ecology, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. State of Washington through the Washington Department of Natural Resources, Civ. No. C97-5337RJB (W.D. Wash., Dec. 30, 1997)

Settling parties: Washington Department of Natural Resources (WDNR).

Site: Commencement Bay, Washington.

Effective date: December 30, 1997.

Copy of agreement: Download this and related documents from the Administrative Record page.

Settlement elements: This baywide settlement extended the 1991 settlement with WDNR to cover WDNR's Commencement Bay-wide natural resource damage liabilities. In this agreement, WDNR made available to the trustees three parcels of state-owned aquatic lands (8.3 acres) for collaborative future habitat restoration projects. The parcels are located along the northeastern shore of Commencement Bay, between the mouth of Hylebos Waterway and Browns Point. In addition, WDNR will provide inkind services to help develop the restoration projects and will consult with the trustees regarding WDNR activities that the trustees have determined may be detrimental to Commencement Bay natural resources, and work in good faith to identify corrective measures needed to avoid the harmful impact of those activities.

Settlement implementation: WDNR conducted a survey to accurately define the boundaries of the restoration project parcels. The trustees will decide the type and design of restoration project(s) undertaken on the parcels, in connection with the baywide restoration planning process now under way.

United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Simpson Tacoma Kraft Company, Champion International Corporation and Washington Department of Natural Resources, Civ. No. C91-5260TC (W.D. Wash.)

Settling parties: Simpson Tacoma Kraft Company, Champion International Corporation (owners and operators of pulp mill), and Washington Department of Natural Resources (WDNR) (owner of contaminated submerged lands).

Site: St. Paul Waterway Problem Area, Commencement Bay, Washington.

Effective date: December 13, 1991.

Copy of agreement: EPA or the Tacoma Public Library, 1102 Tacoma Avenue, Tacoma.

Settlement elements: The settlement recognized the work done by Simpson and Champion in creating new intertidal habitat in connection with the remediation of a 17-acre area of St. Paul Waterway. The area had been contaminated by past releases of hazardous substances from the Tacoma Kraft Mill. In addition, the companies agreed to provide:

• $500,000 for an additional habitat restoration project (to be developed in cooperation with the trustees).
• $100,000 for future costs in conducting a baywide natural resource damage assessment.
• $75,000 for future damage assessment costs associated with St. Paul Waterway.
• $100,000 to reimburse past damage assessment costs incurred by the trustees.

WDNR's contribution to the settlement included an agreement to make aquatic lands with a value of up to $200,000 available for habitat restoration projects.

Settlement implementation: The trustees and Simpson used a portion of the restoration project funds ($275,000) in connection with the Middle Waterway restoration project. The balance of the funds remain in a court registry account to be used for further restoration activities. The trustees used the future damage assessment funds to initiate the baywide natural resource damage assessment process. Funds were also used to complete the assessment of the companies' baywide natural resource damage liabilities that led to the subsequent baywide settlement with the companies.

United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Port of Tacoma, Civ. No. C93-5462 (W.D. Wash.)

Settling parties: Port of Tacoma.

Site: Commencement Bay, Washington.

Effective date: October 8, 1993.

Copy of agreement: Download this and related documents from the Administrative Record page.

Settlement elements: The port agreed to pay $12,000,000 (less a $35,555.56 credit for prior damage assessment funds contributions) into a court registry account over a 6-year period. The funds are to be used by the trustees to develop habitat restoration projects that benefit injured Commencement Bay natural resources. The trustees may use a portion of the funds for further baywide natural resource damage assessment activities. In addition, the port agreed to permit the trustees to use a 100-foot-wide strip of property along Hylebos Creek to develop a habitat restoration project and granted the trustees an option to purchase an additional area of property for restoration purposes. The port also reimbursed $335,000 of the trustees' past damage assessment costs.

Settlement implementation: The trustees developed the Commencement Bay Restoration Plan and Programmatic Environmental Impact Statement to guide the use of restoration funds and has begun constructing a series of restoration projects. See the restoration overview page for additional information.

United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Simpson Tacoma Kraft Company, Champion International Corporation, and Washington Dept. of Natural Resources, Civ. No. C91-5260TC (W.D. Wash.)—Amendment No. 1

Settling parties: Simpson Tacoma Kraft Company, and Champion International Corporation (owners and operators of pulp mill).

Site: Commencement Bay, Washington.

Effective date: April 1, 1996.

Copy of agreement: EPA or the Tacoma Public Library, 1102 Tacoma Avenue, Tacoma.

Settlement elements and implementation: Under this agreement, the 1991 settlement with Simpson and Champion was amended to address the companies' baywide natural resource damage liabilities. In this settlement, the companies agreed to provide the land, services, and most of the funding needed to develop the Middle Waterway shore restoration project. The trustees agreed to apply a portion of the funds ($275,000) from the 1991 settlement toward the rest of the project's $1,205,000 cost. The 1995 and 1996 press releases provide additional information about the settlement.