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THIRD AMENDMENT TO
AGREED ORDER
NO. DE 92TC-N335
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by:
Quendall Terminals, a Joint Venture,
composed of Altino Properties, Inc., a
Washington Corporation, and J.H. Baxter
& Co., a California Corporation, et al.
THIRD AMENDMENT TO
AGREED ORDER
NO. DE 92TC-N335
TO: Quendall Terminals c/o
Georgia B. Baxter Alex Cugini
J.H. Baxter & Co. Altino Properties, Inc.
P.O. Box 5902 P.O. Box 359
San Mateo, CA 94402-0902 Renton, WA 98055
Agreed Order No. DE92TC-N335 (as twice previously amended) is hereby amended to
include the following:
Findings of Fact
25. On December 26, 2001, Quendall Terminals received notice from the City of
Renton that it does not intend to purchase the Quendall Terminals site.
26. In accord with Section (Work to be Performed), paragraph 8, Ecology and
Quendall Terminals met to discuss the most appropriate manner in which to finish the work
contemplated in the Agreed Order, as amended. This amendment memorializes those
discussions.
Work to be Performed
9. Quendall Terminals will complete the following tasks within the corresponding
timeline:
a) Submit to Ecology a Draft Risk Assessment and Feasibility Study Work Plan within 60
days after the close of the public comment period for this Agreed Order Amendment.
THIRD AMENDMENT TO
AGREED ORDER
NO. DE 92TC-N335
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b) Submit to Ecology a Final Risk Assessment and Feasibility Study Work Plan within 30
days after resolution of any Ecology comments on the Draft Risk Assessment and Feasibility
Study Work Plan or 15 days after the effective date of this Agreed Order Amendment, whichever
is later.
c) Initiate Wet Season Mudline Well Sampling as a complement to the Dry Season
Mudline and Sediment Porewater Sampling conducted in September, 2002. The wet season
sampling shall occur during the January to March 2003 wet season.
d) Initiate Pilot Studies within 90 days from the receipt of final laboratory results from
wet season mudline well sampling, or within 60 days of required permit approvals (as
applicable), whichever is later.
e) Submit Draft Baseline Risk Assessment and Feasibility Study within 150 days
following receipt of final laboratory results from all completed Pilot Studies.
f) Submit Final Baseline Risk Assessment and Feasibility Study within 60 days after
resolution of any Ecology comments on the Draft Baseline Risk Assessment and Feasibility
Study.
Except as provided above, all other provisions of Agreed Order No. DE 92TC-N335 (as
amended) remain unchanged and in effect.
This Amendment is effective on the _______ day of ____________, 2002.
QUENDALL TERMINALS, a joint venture
By:_________________________________ Date: ______________________
ALEX CUGINI
President, Altino Properties, Inc.
AND
By: __________________________________ Date: _______________________
GEORGIA B. BAXTER
THIRD AMENDMENT TO
AGREED ORDER
NO. DE 92TC-N335
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Vice President, J.H. Baxter & Co.
DEPARTMENT OF ECOLOGY
By: _____________________________________ Date:_________________________
STEVEN M. ALEXANDER
Regional Manager, Toxics Cleanup Program
Northwest Regional Office, Dept. of Ecology