2020DEQ Cop Oversight of Columbia Slough Sediment

COP# 30007574 190192 DEQ Agreement #R004-21

2021 Intergovernmental Agreement

Oversight of Columbia Slough Sediment Remedial Action

City of Portland, by and through its Bureau of Environmental Services and Oregon Department of Environmental Quality

Effective Date: January 1, 2021

ORS 190.110 permits state agencies and local government units to enter into an agreement for the performance of authorized actions, such as this Intergovernmental Agreement (''this Agreement"). ORS 465.210(l)(a) and 465.260(2) authorize the Oregon Department of Environmental Quality (DEQ) to enter into an agreement with the City of Portland (''the City"), Bureau of Environmental Services (BES) to carry out the remedial action approach described in the DEQ 2005 Record of Decision (''the July 2005 ROD") for Columbia Slough Sediment. DEQ and the City have been operating under an Intergovernmental Agreement since June 2006, as the vehicle for implementing important elements of the remedial action selected in the ROD. This Agreement provides a new contract to fund DEQ in identifying contaminant sources, reporting on site discovery and cleanup efforts, and overseeing City actions to meet the ROD. This Agreement contains the following provisions: Page I. RECITALS ...... 2 II. AGREEl\1ENT ...... 4 A. Work...... 4 B. Public Participation ...... 7 C. DEQ Access and Oversight ...... ,...... 7 D. Project Managers...... 8 E. Notice and Samples...... 8 F. Quality Assurance...... 8 G. Records ...... 9 H. Annual Reports ...... 9 I. Other Applicable Laws...... 9 J. Reimbursement of DEQ Oversight Costs ...... 9 K. Force Majeure...... 10 L. Prior Approval ...... 11 M. Dispute Resolution ...... 11 N. Enforcement of Agreement and Reservation of Rights...... 11 0. Hold Harmless...... 12 P. Parties Bound...... 12 Q. Anti-Deficiency...... 12 R. Modification ...... 13 S. Duration and Termination...... 13 Signatures and Consent ...... 13

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I. RECITALS

A. BES and DEQ desire to work cooperatively to evaluate and control potential upland sources of discharges to the City storm water conveyance system and City-owned properties that might adversely affect sediment quality in the Columbia Slough. The City and DEQ agree to exercise all appropriate authorities to implement the provisions of this Agreement.

B. BES is a "person" under ORS 465.200(21).

C. BES and DEQ have documented the presence of hazardous substances (in concentrations which create human and aquatic life health risks), as defined in ORS 465.200(16) in sediments of the Columbia Slough. This Agreement addresses sediment impacted by hazardous substances.

D. The presence of hazardous substances in Columbia Slough sediment constitutes a "release" into the environment under ORS 465.200(22).

E. BES and DEQ desire to establish this Agreement, the terms of which will govern implementation of a watershed management approach to remediating contamination in Columbia Slough sediment. This Agreement covers work conducted by BES to improve sediment quality and meet requirements of the July 2005 ROD as it pertains to discharges from the City's stormwater conveyance system and City-owned properties. This Agreement also includes work performed by DEQ to identify and oversee cleanup of individual sources of contamination to the Columbia Slough and provide technical assistance to parties managing hazardous substances in the watershed.

F. The ROD identifies unique characteristics that pose challenges to remediation in the Columbia Slough including: • Starting in 1917, landowners began forming drainage districts behind levees to control flooding from the Columbia River and Lower Columbia Slough. Today's drainage district infrastructure, including levees, water pumps, floodgates and other water control devices, continues to prevent flooding and maintain surface water flow in the eastern half of the Columbia Slough. • The contamination in the Columbia Slough sediments is widespread at relatively low concentrations, generally reflecting impacts from pervasive and legacy sources in the surrounding urban environment. • Because there are multiple wide-spread sources of contaminants to the Columbia Slough throughout the Slough watershed, source control is not straightforward and will be a complex long-term effort.

The remedial action objectives (''the RAOs"), defined in the ROD, to address both discrete and wide-spread pervasive sources of contamination, are described below: • Tier 1 RAO: Sediment cleanup of discrete sources of contamination to the Columbia Slough to risk-based concentrations may not be practical due to the presence of contaminants in surrounding sediments at baseline levels that exceed risk-based levels. In these cases, it is appropriate to establish a practical RAO for active cleanup to baseline sediment concentrations. The applicability of the Tier 1 RAO will be evaluated by DEQ on a site-by- site basis.

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• Tier 2 RAO: The ultimate objective of the ROD is to reduce contaminant concentrations in Columbia Slough sediments to levels protective of human health and the environment, considering potential exposure scenarios. Tier 2 risk-based sediment screening values are established as the Tier 2 RAO for Slough sediments or achieve alternative levels of cleanup.

Because of these unique characteristics, the ROD is meant to lay the foundation for a coordinated, watershed-based approach for addressing sediment contamination in the Columbia Slough and considers a combination of several remedial elements in a framework for a long-term effort that incorporates consideration of watershed wide inputs, interagency coordination, and adaptive management techniques with the ultimate goal to reduce contaminant levels in the sediment throughout the Columbia Slough to concentrations protective of human health and the environment.

As described in the ROD, the City of Portland is implementing a wide range of source control actions aimed at reducing wide-spread source contributions to the Columbia Slough.

G. The City owns or operates approximately 200 outfalls discharging stormwater to the Columbia Slough in an approximately 19-mile reach between Fairview Lake and Kelly Point Park and 12 miles of side channels. The stormwater discharges from City outfalls are authorized and regulated by a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit ("the-MS4 Permit"1 issued to the City by DEQ. Over 500 private outfalls discharge stormwater to the Columbia Slough. Source identification and control within private outfall basins are not covered by this Agreement. Maps showing locations of the City outfall basins discharging to Columbia Slough are attached to this Agreement as Attachment A.

H. Pursuant to the City's MS4 Permit and Intergovernmental Agreement (No.-30001293) between the City (BES Industrial Stormwater Division) and DEQ, signed April 2010, BES administers DEQ NPDES 1200-A and 1200-Z Industrial Stormwater General Permits for those facilities located within the City of Portland that discharge to the municipal storm water system or directly to surface waters. Under Agreement No. 30001293, BES reviews new permit applications which include the facilities' stormwater pollution control plans (SWPCPs), conducts inspections to ensure compliance with the SWPCP and permit conditions and reviews Discharge Monitoring Reports to determine compliance with Schedule B of DEQ's industrial stormwater permits. BES also provides technical assistance to identify additional activities and best management practices ("BMPs") to minimize pollutants in stormwater and issues City Code enforcement actions as applicable for prohibited discharges to the municipal stormwater system.

I. DEQ considers the activities required by this Agreement as the essential elements necessary for improving sediment quality and meeting the actions set forth in the ROD to protect public health and the environment.

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II. AGREEMENT

BES and DEQ agree to exercise all appropriate authorities to implement the provisions of this Agreement. The parties agree as follows:

A. Work 1. General. BES and DEQ shall perform all remedial work under this Agreement in accordance with all applicable Oregon statutes, rules, and guidance as determined by DEQ, based on DEQ's review of site-specific information and in consultation with BES. A detailed scope of work ("the SOW") and schedule are provided in Attachment B. BES and DEQ will adhere to the terms and schedule of the SOW. Any amendments to Attachment B will be mutually approved in writing.

This 2021 Agreement provides for continued implementation of specific actions by the City and DEQ. These actions include: a) Continued implementation of the Watershed Action Plan (''the W AP") or an equivalent plan. The W AP describes source control activities that are being and will be conducted within City outfall basins throughout the Columbia Slough watershed and prioritizes areas where sediment and storm water data indicate that source control measures may be required. b) Continued implementation of the Long-term Monitoring Plan (''the L TMP") or an equivalent plan including sediment and fish tissue monitoring events intended to measure progress toward achieving RAOs for the Columbia Slough. Data are evaluated and reports are prepared to present findings of the sediment and fish tissue sampling. c) Characterizing contamination, screening potential risks, evaluating potential source control or remedial action options, and implementing remedial actions by DEQ or responsible parties at specific contaminant source and sediment priority areas in the Columbia Slough. d) Issuing annual reports documenting actions taken to address contamination issues in the Columbia Slough.

2. Work Plans. BES shall prepare or update plans for DEQ review and approval that describe the general procedures for identifying potential upland sources, referring significant sources to the appropriate DEQ or City regulatory program, and completing necessary source control measures within the Columbia Slough and long-term monitoring of environmental conditions throughout the Columbia Slough. Such plans will include, as appropriate: a) Sampling and Analysis Plans associated with long-term monitoring described in the LTMP or an equivalent plan. b) Source Investigation and Control Plans as described in the W AP, or an equivalent plan. c) Columbia Slough Data Management Plan (''the DMP") update that describes the methodology for incorporating new environmental data and using the Columbia Slough database.

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3. Reports. BES shall prepare reports that document site environmental conditions and potential risks to human health and the environment for DEQ review and approval. These reports may include, but are not limited to: a) Long-Term Monitoring Reports as specified in the L Tl\1P or an equivalent plan, as described in Attachment B. b) Source Investigation and Source Control Evaluation reports as described in Attachment B. c) Annual Reports as described in Attachment B. DEQ will provide input addressing its efforts to identify potential cleanup sites, and the status of cleanup site investigations.

DEQ shall prepare reports ( e.g., technical memoranda, data reports, reports) documenting site discovery, source control, and cleanup efforts including: a) Strategy recommendations for sites identified as potentially contributing to Columbia Slough contamination. b) Source control proposals and decision documents for individual sites, individual outfall basins or Columbia Slough segments as appropriate. c) Sediment cleanup proposals and decision documents for individual sites. d) Sediment investigation and cleanup reports for segments of the Columbia Slough subject to settlement agreements. e) Annual reports as described in Item 3.C.4 above under the list of BES reports.

The City may request to review and provide comments on the DEQ documents listed above or other relevant reports for consideration.

4. Source Control Actions. Pollutant sources in the Columbia Slough are complex and varied. Significant pollutant sources include heavy commercial/industrial land use, recycling, salvage and manufacturing, high-traffic roadways, former agricultural land use, and known contaminated sites. DEQ and the City have actively pursued source investigation and source control work since 2005. Additional source control and stormwater treatment measures are needed to address remaining sources as described in SOW Attachment B.

The joint City/DEQ objectives to identify upland sources and implement source control measures include, but are not limited to, the following: a) Evaluate the potential for selected City-owned outfalls and City-owned properties to contribute to Columbia Slough sediment contamination or the recontamination of sediments within the Columbia Slough. b) Identify significant upland sources of stormwater contaminants discharging to selected City outfall basins using the authorities of DEQ and the City. c) Collect and evaluate sufficient data to determine if source control measures are needed for selected outfalls or to support basin source control decisions. d) Implement source control measures for selected outfalls within the shortest reasonable timeframe to minimize or prevent contamination or recontamination of sediments.

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This Agreement provides for continued source control implementation by the City and DEQ. These actions include the following: a) The City will identify permitted and unpermitted upland discharges to its public MS4 stormwater collection system and recommend locations where source control measures are appropriate for upland sites. DEQ and the City, using their respective authorities, will implement or require appropriate source control measures. b) BES will review and provide input on DEQ site discovery efforts and coordinate NPDES 1200z permit inspections with DEQ cleanup project managers to the extent practicable. c) DEQ will be responsible for: initiating site discovery at suspected upland sources of contamination in the Columbia Slough watershed; coordinating investigation of City outfalls with other Columbia Slough upland projects (i.e., private outfall basins), to the extent practicable and feasible; and, will solicit and consider BES comments on proposed site discovery, assessment, source control actions, remedy selection, and cleanup activities directly related to discharges to the City collection system. d) DEQ will prioritize review and source control decisions for ( 1) upland sites or the City's stormwater outfall basins that discharge near priority sediment areas defined by DEQ that require sediment remedial actions and (2) City outfall basins selected for stormwater treatment of selected public rights-of-way constructed under the City's Capital Improvement Program ("CIP"). DEQ will strive to review and complete source control decisions before the City initiates CIP construction projects. e) The City will prioritize design and construction of approved CIP projects for outfalls discharging in areas identified by DEQ for sediment remediation. t) DEQ and BES will coordinate with each other in the development and implementation of an inter-agency site discovery program, a source investigation and control program, and an intra-agency/inter-agency coordination process as described in the SOW.

5. DEO Review and Approvals. a) DEQ shall provide written approvals/disapprovals, as appropriate, for all work plans and reports, and other documents in accordance with the schedule agreed upon by BES and DEQ for each phase of work as set forth in the approved SOW. In the event that staff resources or workload prevent compliance with the schedule, any DEQ delay shall correspondingly extend BES's schedule for a related deliverable or activity. b) DEQ shall review and approve or provide comments on "no further action" ("NFA") determinations, source control decision, or other regulatory closure requests submitted by the City for selected Slough segments or upland stormwater basins. DEQ will provide written responses to each request including but not limited to, the following examples: • Protective sediment cleanup levels, or approved alternative levels, have been achieved and no further action will be required for a selected Columbia Slough segment(s). • Additional work needed in a Columbia Slough segment to achieve sediment cleanup levels and/or obtain an NF A determination.

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• Upland source control has been achieved in an upland stormwater basin or basin(s) and no additional source control is needed. • Upland basin or Slough segment is a low priority no additional action or source control is needed at this time. c) At the termination of this agreement, or upon request, BES and DEQ will review the status of sediment contamination in the Columbia Slough and upland source control to determine what additional work will be required to ensure that progress continues to be made toward the ROD's goals of a clean and healthy watershed and protection of Columbia Slough sediments. Additional work may include Risk Assessments and Feasibility Studies as warranted.

B. Public Participation 1. Upon execution of this Agreement, DEQ will provide public notice of this Agreement through issuance of a press release, at a minimum to a local newspaper of general circulation. Copies of the Agreement will be made available to the public. DEQ shall provide BES a draft of such press release and consider any comments by BES on the draft press release before publication.

2. DEQ will maintain a web page, information repositories, and will issue periodic fact sheets on the project. DEQ will provide BES with a draft of such materials and consider any comments by BES on the materials prior to their publication or posting on a web page.

3. DEQ will provide notice to the general public of any cleanup actions and receive and consider public comment before approving any remedial action as required by ORS 465.320 and OAR 340-122-0100.

C. DEQ Access and Oversight 1. Where the City owns the property, BES will allow DEQ to enter and move freely about the City project sites at all reasonable times for the purposes of, among other things, observing BE S's progress in implementing this Agreement; conducting such tests and taking such samples as DEQ deems necessary; verifying data submitted to DEQ by BES; and using camera, sound recording, or other recording equipment for purposes relating to work under this Agreement. Upon BE S's verbal request, DEQ shall make available to BES a split or duplicate of any sample or recording taken by DEQ pursuant to this Agreement. DEQ will provide reasonable notice before entering City property. DEQ shall adhere to all health and safety requirements identified in applicable health and safety plans.

2. DEQ will exercise its authority as appropriate to gain access to private property for the purpose of implementing this Agreement where BES is not otherwise able to gain such access after using its best efforts.

3. BES will permit DEQ to inspect and copy all records, files, photographs, documents, and data in connection with work under this Agreement, except that BES shall not be required to permit DEQ inspection or copying of items subject to attorney-client or attorney-work product privilege, or the exclusions of the open public records laws. DEQ will provide reasonable notice before records

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inspection and copying requests. BES will satisfy such requests subject to availability of staff familiar with those records, and the availability of the records at the site specified by DEQ.

D. Project Managers 1. BES and DEQ will each identify a Project Manager for overseeing activities under this Agreement. The Project Managers will be responsible for coordinating all technical aspects of the respective agency's work on Columbia Slough sediments. The Project Managers shall ensure that project tasks are completed expeditiously and economically. To the extent possible, all reports, notices, and other communications required under or relating to this Agreement shall be directed to the Project Managers.

DEO Project Manager: BES Project Manager: Sarah Miller Rod Struck Northwest Cleanup Section DEQ City of Portland BES 700 NE Multnomah St. Suite #600 1120 SW 5th Avenue, Room 613 Portland, Oregon 97232 Portland, Oregon 97204 Phone: (503) 229-5040 Phone: (503) 823-7580 email: [email protected] email: Rodney. [email protected]

2. BES's and DEQ's Project Managers shall have the authority to make day-to-day decisions necessary to complete the SOW provided in Attachment B of this Agreement.

3. Any change in Project Managers will be communicated in writing to the other party, with as much prior notice as possible. Project Managers will work together to keep a written record of important decisions made during their tenure. This record will facilitate seamless transition between Project Managers and provide consistency and rational for program decisions made over time.

E. Notice and Sam pies:

DEQ and BES shall make every reasonable attempt to notify the other party of any monitoring or sampling to be conducted under this Agreement at least five working days before such activity, but in no event less than 24 hours before such activity. Upon verbal request, DEQ and BES shall make available to the other a split or duplicate of any sample taken pursuant to this Agreement. DEQ and BES shall make every effort to complete analysis of any split or duplicate sample on a schedule consistent with the schedule for related activities. DEQ and BES shall provide copies of all analytical data from such samples as soon as practicable.

F. Quality Assurance

BES shall conduct all sampling, sample transport and sample analysis in accordance with the Quality Assurance/Quality Control ("QA/QC") provisions provided as part of the LTMP, or an equivalent plan.

All sampling and analysis work plans conducted as part of this Agreement shall be consistent with DEQ's Quality Assurance Policy for the Environmental Cleanup Programs, document #DEQl0-LQ-

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0063-QAG (as updated 7/31/2015) and applicable U.S. Environmental Protection Agency guidance and policy. BES shall ensure that each laboratory used by BES for analysis performs such analyses in accordance with such provisions.

G. Records

1. In addition to those technical reports and documents specifically required under this Agreement, BES will provide to DEQ within 30 business days of DEQ's written request copies of documents generated in connection with the actions required under this Agreement, including QA/QC memoranda and QA/QC audits, draft and final deliverable plans, final reports, task memoranda, field notes, and laboratory analytical data that have undergone data quality validation.

2. If DEQ determines that review of raw data or preliminary laboratory reports is necessary in order to ensure protection of public health, safety, and welfare or the environment, BES shall provide DEQ such information within 10 business days of DEQ's written request.

3. BES may assert a claim of confidentiality regarding any documents or records submitted to or copied by DEQ pursuant to this Agreement. DEQ shall treat documents and records for which a claim of confidentiality has been made in accordance with ORS 192.311 through 192.431. If BES does not make a claim of confidentiality at the time the documents or records are first submitted to or copied by DEQ, the documents or records may be made available to the public without notice to BES.

H. Annual Reports

Annual reports documenting the "State of the Slough" shall be prepared jointly by DEQ and BES and made available to the public on or before January 31st of each year. Reports shall summarize activities performed during the previous fiscal year and will include general conclusions relating to the environmental characteristics of the Columbia Slough and activities planned for the upcoming year.

I. Other Applicable Laws

Subject to ORS 465.315(3), all actions under this Agreement shall be performed in accordance with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, all actions under this Agreement shall be performed in accordance with any applicable federal, state, and local laws and regulations related to archeological objects and sites and protection thereof.

J. Reimbursement ofDEQ Oversight Costs

1. DEQ shall submit to BES monthly statements of costs incurred under this Agreement by DEQ in connection with the oversight of BES's implementation of this Agreement. Each invoice will include a summary of costs billed to date. Actual costs include, but are not limited to, salary, other payroll expenses, overhead, other related direct costs and indirect costs. Invoices will include a list of costs by the following categories: Personal Services (salaries at regular and overtime rates and related benefits), Services & Supplies (including travel), Department of

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Justice and Agency Indirect. DEQ's invoice will include a summary of labor, the persons charging time, the amount of time, the nature of the work performed, and the task or project name.

2. BES will make payment within thirty (30) days of receipt of invoices from DEQ. Invoices and appropriate time sheet notes must include the City's Agreement number and may be submitted electronically to Rodney. S [email protected].

Hard copy invoices or notices Payments will be sent to: will be sent to: Attn: Rod Struck Attn: Accounting Office Columbia Slough Sediment Program OregonDEQ City of Portland - BES 700 NE Multnomah, Suite 600 1120 SW Fifth Ave Rm 613 Portland, OR 97232 Portland, OR 97204

BES shall pay the amount of costs billed by check made payable to the "State of Oregon, Hazardous Substance Remedial Action Fund." BES shall pay simple interest of 9% per annum on the unpaid balance of any oversight costs, which interest shall begin to accrue at the end of the 30-day payment period.

3. DEQ oversight costs under this Agreement are not expected to exceed $65,000 per year. The total contract amount associated with work conducted under this Agreement will not exceed $325,000.

K Force Majeure

1. If any event occurs that is beyond BE S's reasonable control and that causes or might cause a delay or deviation in performance under this Agreement, BES shall promptly notify DEQ's Project Manager verbally of the cause of the delay or deviation and its anticipated duration, the measures that have been or will be taken to prevent or minimize the delay or deviation, and the timetable by which BES proposes to carry out such measures. BES shall confirm in writing this information within 14 working days of the verbal notification.

2. If BES demonstrates to DEQ's satisfaction that the delay or deviation has been or will be caused by circumstances beyond the reasonable control and despite the due diligence of BES, DEQ shall extend times for performance of related activities under this Agreement as appropriate. Circumstances or events beyond BES's control might include but are not limited to acts of God, unforeseen strikes or work stoppages, fire, bid protests, explosion, riot, sabotage, war or infectious disease. Increased cost of performance or changed business or economic circumstances shall be presumed not to be circumstances beyond BES's reasonable control.

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L. Prior Approval

Where DEQ review and approval is required for any activity conducted under this Agreement, BES shall not proceed to implement the activity until DEQ approval is received. Any DEQ delay in granting or denying approval shall correspondingly extend the time for completion by BES. Prior approval shall not be required in emergencies where BES reasonably believes a delay in undertaking a particular action will threaten human health, safety, or the environment provided that BES notifies DEQ of the emergency and action as soon as is practicable.

M. Dispute Resolution

In the event of disagreement between BES and DEQ regarding implementation of this Agreement (in general or with respect to a particular project), BES and DEQ shall, in the following order: (a) make a good faith effort to resolve the dispute between Project Managers; (b) if necessary, refer the dispute for resolution by the immediate supervisors of the Project Managers; ( c) if necessary, provide each other their respective positions in writing and refer the dispute for resolution by DEQ's Administrator of the Land Quality Division or the appropriate Region Administrator and BES's Program Delivery Group Manager or Strategy Group Manager; and (d) if necessary, refer the dispute for resolution by DEQ's Director and BES's Director. DEQ's final decision after such dialogue shall be enforceable under this Agreement. The time required for dispute resolution shall correspondingly extend BES's schedule for all pending, affected deliverables or activities.

N. Enforcement of Agreement and Reservation of Rights

1. In the event of BES's failure to comply with this Agreement (including any failure to reimburse oversight costs), DEQ may enforce this Agreement as an order in accordance with ORS 465.260(5) or may terminate this Agreement after 30 business days ' written notice to BES.

2. In the event of DEQ's failure to provide oversight or perform its other obligations in accordance with this Agreement, BES may terminate this Agreement after 30 business days' written notice to DEQ. Costs incurred or obligated by DEQ before the effective date of any termination of this Agreement shall be owed under the Agreement notwithstanding such termination unless those costs are a matter for dispute resolution.

3. BES does not admit any facts (including those recited herein), legal issues, liability, or violation of law by virtue of entering into this Agreement.

4. Except as otherwise provided in Subsection 11.0. of this Agreement, nothing in this Agreement shall prevent BES from exercising any rights of contribution or indemnification BES might have against any person, including the State of Oregon, regarding the release(s) of hazardous substances that are the subject of this Agreement; provided that BES waives any right it might have under ORS 465.260(7) to seek reimbursement from the Hazardous Substance Remedial Action Fund for costs incurred under this Agreement.

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0. Contribution

With respect to a third party claim for which the DEQ is jointly liable with BES (or would be if joined in the Third Party Claim), DEQ shall contribute to the amount of expenses, judgements, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by BES in such proportion as is appropriate to reflect the relative fault of DEQ, on the one hand, and of BES, on the other hand, in connection with the events which resulted in such expenses, judgments, fines or settlements amounts, as well as any other relevant equitable considerations. The relative fault of DEQ, on the one hand, and of BES, on the other hand, shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgements, fines or Oregon law if DEQ had sole liability in the proceeding.

With respect to a third party claim for which BES is jointly liable with DEQ ( or would be if joined in the Third Party Claim), BES shall contribute to the amount of expenses, judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by DEQ in such proportion as is appropriate to reflect the relative fault of BES, on the one hand, and of DEQ, on the other hand, in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of BES, on the one hand, and of DEQ, on the other hand, shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgements, fines or settlement amounts. BES 's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding.

P. Parties Bound

This Agreement shall be binding on the parties and their respective successors, agents, and assigns. The undersigned representative of each party certifies that he or she is fully authorized to execute and bind such party to this Agreement. No change in ownership relating to any City project site covered by this Agreement shall in any way alter BES's obligations under this Agreement, unless otherwise approved in writing by DEQ.

Q. Anti-Deficiency

DEQ obligations under this Agreement are conditioned upon DEQ receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow DEQ, in the exercise of its reasonable administrative discretion, to meet its obligations under this Agreement.

BES obligations under this Agreement are conditioned upon BES receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow BES, in the exercise of its reasonable administrative discretion, to meet its obligations under this Agreement.

Nothing in this Agreement is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon.

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R. Modification

DEQ and BES may modify this Agreement by mutual written agreement, including extending this Agreement by up to five years including all costs of additional oversight under the Agreement and increasing the budget of all other costs by no more than 25% percent of the total cost of the original Agreement.

S. Duration and Termination

This Agreement shall terminate on December 31, 2025.

Signature

Dec 10, 2020

Jennifer Wigal, Acting Deputy Director , Date Oregon Department of Environmental Quality

Approved for legal sufficiency by Gary Vrooman Oregon Department of Justice by separate document dated: ------9/9/20

Consent

Digitally signed by Michael Michael Jordan By: Date: 2020.12.11 Jordan 15:08:05 -08'00' 12/11/2020 Michael Jordan, Director Date City of Portland Bureau of Environmental Services

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ATTACHMENT A

CITY OF PORTLAND OUTFALLS IN COLUMBIA SLOUGH WATERSHED

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Intergovernmental Agreement forOversight of Columbia Slough Sediment Remedial Action City of Portland - Bureau of Environmental Services - Columbia Slough Sediment Program Voluntary RD/RA Scope of Work Attachment A January 2021 190192 Attachment A City of Portland Outfalls in Columbia Slough Watershed 2021 Intergovernmental Agreement between the City and DEQ Oversight of Columbia Slough Sediment Remedial Action January 2021 Sheet 1 of 4

LEGEND . ~: • Outfall, City l::.. Outfall, Non-City ',. ' . ~,• D Outfall Basin ,~ '-C"-. Slough Reaches Reach ~t~' \,\, - Big Four Comers East Slough ,.., Buffalo Slough

- Lower Slough Cr - Middle Slough North Slough • Peninsula Slo ugh

- Upper Slo ugh - Vvhitaker Slough All other Features --Rai lroad Major Road Vvatercourse Waterbody

t::. 6

6 6 1.000 2.000 3.000 $ Feet

Date: Septerrtier 2, 2Ct20 Data Sour~s: METRO, USGS, COP, ~ SI Aerial Photo 2018 WaterSolutions,111<, iocumentPath Y 190192 6 6 Attachment A City of Portland Outfalls in Columbia Slough Watershed 2021 Intergovernmental Agreement between the City and DEQ Oversight of Columbia Slough Sediment Remedial Action January 2021 Sheet 2 of 4

LEGEND ,,p, • Outfall, City l::.. Outfall, Non-City '<,,•I D Outfall Basin Slough Reaches Reach - Big Four Comers East Slough Buffalo Slough

- Lower Slough - Middle Slough North Slough • Peninsula Slo ugh

- Upper Slough - Vvhitaker Slough All other Features / --Rai lroad ·/ ' Major Road "' Vvatercourse /~- Waterbody ' ':1 ·' ... i,.

"', 1,000 2,000 3,000 <, ,., ,., Feet -,!;- $ ..,,, .. Date: Septerrtier 2, 2Ct20 Data Sour~ s: METRO, USGS, COP, ~ SI Aerial Photo 20 18 WaterSolutions,111<,

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1l2020_1 GA\Altachrnen!A_ Ci:,_oF_ Por~and_ o.itfalls_l n_Colimbkl_SIJugh_Wa tershed m)(d 190192 DEQ Agreement #R004-21

ATTACHMENT B

CLEANUP PROGRAM

Columbia Slough Remedial Action Scope of Work January 2021 through December 2025

Rackernuud

In July 2005, the Oregon Department of Environmental Quality (DEQ) issued a Remedial Action Record of Decision (ROD) for the Columbia Slough to address contaminated sediments posing unacceptable risk to human health and various ecological receptors. The ROD describes the selected remedial action approach for the Columbia Slough: source control, sediment cleanup, long-term monitoring, to be implemented by DEQ, the City of Portland (City) acting through the Bureau of Environmental Services (BES) and other responsible parties. The Intergovernmental Agreement (Agreement) associated with this Scope of Work (SOW) includes specific tasks from the ROD that the City will continue to implement for its stormwater systems including: • Institutional control measures to protect human health, as described in the City's Watershed Action Plan (WAP) and Long-term Monitoring Plan (L TMP) or equivalent documents; • Source investigation within City outfall basins to facilitate identification of upland areas potentially contributing to sediment contamination adjacent to City stormwateroutfalls; • Investigation of discharges from City outfalls, sediment characterization, risk screening, source control alternative evaluation/feasibility study, and support of in-water remedy implementation by DEQ or responsible parties at specific contaminant source and sediment locations in the Columbia Slough. • A long-term monitoring effort to assess fish tissue, sediment quality, and provide data to guide adaptive management, consistent with the City's L TMP.

The ROD was developed in collaboration with the City, which conducted the bulk of the Remedial Investigation (RI) work over a ten-year period, from 1994 through 2004. Since completion of the Slough wide RI, the City has worked with DEQ to implement a wide-range of actions to identify and reduce wide-spread pervasive source contributions of contamination to the Slough, including: • Administer the DEQ NPDES 1200z- Industrial Stormwater General Permits for those facilities located within the City of Portland that discharge to the municipal stormwater system or directly to surface waters; • Use BES and DEQ authorities to require storm water permittees and other dischargers to reduce pollutant loads entering the City stormwat er system; • Conduct source investigations to identify commercial and industrial facilities that discharge pollutants in stormwater entering City pipes or flowing directly to the Slough; • Identify and provide technical assistance to promote reduction of pollutants entering the Slough from contaminated upland sites;

• Install pollution reduction facilities to filter stormwater from targeted public roadways as appropriate, before it enters the Slough; • Provide multicultural education and outreach to anglers who consume fish caught in the Slough through; o Design and installation of over 90 Columbia Slough Fish Advisory signs along the Slough; o Updating BES Columbia Slough Fish Advisory website and fact sheets to incorporate December 2019 Oregon Health Authority changes to the advisory. o Translating factsheets into 14 languages. o Contracted with Community Engagement Liaisons to perform fish advisory education to selected refugee and immigrant communities (Spanish, Russian, Ukrainian, Romanian, Vietnamese, Cambodian, Burmese, Thai, Karen, Somalin, African Languages) • Monitor and assess pollutants in sediment, fish-tissue, stormwater and surface water to evaluate effectiveness of actions and track overall improvement of watershed health related to sediments. • Control of stormwater outfall discharges to the Slough in compliance with the City's Municipal Separate Storm Sewer System Discharge (MS4) Permit and other City Programs. The MS4 permit and other City Programs implement a wide range of actions that result in reducing the discharge of pollutants from City outfall basins to the Columbia Slough including, but not limited to: o Perform ongoing storm water system operations and maintenance practices. o Respond to spills impacting the City system and investigate pollution complaints. o Implement industrial/commercial controls ( e.g., Inspecting facilities discharging stormwater to the Slough and enforcing permit limits on those discharges). o Inspect and control illicit discharges to the City system. o Apply new development standards (e.g., Stormwater Management Manual, Source Control Manual) and City Code to reduce pollutant discharges and protect natural resources ( e.g., review of land development applications to ensure appropriate erosion controls are implemented). o Design, construct, and maintain structural controls that modify components of the City storm system to reduce pollutant discharges . o Protect natural areas and vegetation to help preserve the natural resources and functions that prevent pollutants from entering into and discharging from the MS4. o Conduct public outreach to educate residents and businesses in the watershed on ways they can reduce contaminant releases to the Slough. o Abate combined sewer overflows.

In 2006, DEQ and the City entered into the original Agreement to implement elements of the DEQ ROD using a "watershed approach." The intent of this approach has been to implement watershed- wide actions that address the specific sources of sediment contamination as well as improve the overall health of the watershed. The Agreement presented the broad, watershed-based actions that DEQ and the City will implement in collaboration to control pollutant sources entering the City's

stormwater system. The 2006 Agreement covered a five-year period and was amended and reissued for two additional five-year periods, in October 2010 and January 2016.

DEQ cleanup, water quality and hazardous waste programs coordinate their activities to address ongoing contaminant discharges directly to the Slough and indirectly via the City's systems, and to ensure that work completed addresses issues important to all programs. This coordination also supports the objective of improving watershed conditions by reducing pollutant loading to the Slough and by remediating existing contaminated sediments, as needed.

In October 2006, BES issued the Columbia Slough Sediment Program Watershed Action Plan (WAP). The W AP was updated in 2011 to reflect actions set forth in the 2010 Agreement. The W AP provides detailed descriptions of the actions that BES and DEQ will implement to address sediment contamination within a comprehensive watershed-based approach. The W AP also provides a schedule of actions that will be taken to control sources of contamination in discrete segments of the Slough. The 2011 W AP will be revised, or an equivalent document prepared, to reflect work described in this SOW.

In August 2007, BES and DEQ finalized the Columbia Slough Watershed Long-Term Monitoring Plan (LTMP). The L TMP establishes the sediment, fish tissue and other monitoring that is being conducted on an on-going basis. Results from the monitoring are being used to track progress in reducing pollutant loads to the Slough, identify pollutant trends in sediments and biota in the Slough, and to modify programmatic actions as needed to continue progress toward overall watershed health. The LTMP was updated in 2011 to incorporate evaluation and maintenance of institutional controls. The 2007 LTMP will be revised, or an equivalent document prepared, to reflect work described in this SOW.

Watershed-wide source investigation and control measures have been conducted in accordance with the W AP, and many of the actions described in the W AP reflect on-going programs implemented as part of a set of best management practices. Long-term monitoring and resulting adaptive management recommendations are expected to be warranted for the foreseeable future.

In 2011 and 2012, DEQ performed extensive sediment sampling in the Lower, Middle and Upper Slough segments. Using data collected from these events, DEQ identified the following areas as priorities (Priority Areas) for in-water sediment cleanup: • Lower Slough - Pacific Meat near City outfall 60 (sediment remediation pilot test completed by DEQ in 2016); • Lower Slough - W astech and R&B Recycling near City outfalls 62/62a; • Lower Slough- Pacific Carbide near City outfall 58 • Whitaker Slough - In-channel sediment between Nu-Way Oil and Halton-Voith Machinery (between City outfalls 73a and 74) (sediment characterization completed by DEQ in 2019); • Whitaker Slough - Portland Willamette Inlet near City outfall 77a (sediment remediation completed in 2013; outfall treatment completed by DEQ in 2015); and • Marx-Whitaker Slough - Upland agricultural lands discharging to City outfall 104b ( outfall treatment completed by the City in 2019; construction of outfall stormwater treatment for outfall 100 was initiated in March 2020 and is anticipated to be completed in Fall 2020).

Section I of this SOW discusses the Goal and Objectives of the Columbia Slough Sediment project. Section II of this SOW describes the actions DEQ and BES will take to facilitate in-water cleanup of sediments in the areas identified above, as well as the subsequently identified area associated with the Pacific Carbide facility. DEQ will continue to work with upland property owners throughout the Slough to perform cleanup of contaminated upland sites. The City will assist DEQ in these efforts as appropriate to evaluate and control storm water discharges entering City stormwater systems from contaminated upland sites.

I. GOAL and OBJECTIVES

The overall goal of the Columbia Slough sediment project is to reduce contaminant concentrations in Slough sediment to levels that are protective of human health and the environment. DEQ and the City will achieve this goal by implementing actions to achieve the following joint DEQ/City objectives: A. Identify, evaluate, and facilitate management and control of current and legacy sources of pollutants discharged to City storm water facilities using the authorities of DEQ and the City, including: 1) Stormwater runoff from targeted public rights-of-way (mainly high-traffic road surfaces); 2) Storm water discharges from commercial/industrial sites (indirect dischargers) that are conveyed to the Slough through City stormwater pipes; and 3) Stormwater discharges from contaminated upland sites that are conveyed to the Slough through public or private outfalls.

The City will assist DEQ in identifying and evaluating sources of contamination in stormwater from commercial/industrial sites that discharge to the City system and will refer those sites to DEQ for source control and remedial action, where appropriate. The City and DEQ will use a watershed approach to eliminate or reduce sources of contamination to City outfalls at the source, then evaluate monitoring data and modify source control approaches as wa1Tanted through adaptive management.

B. Implement actions that facilitate natural recovery and overall watershed health, where such actions will reduce sediment contamination to Tier 1 or 2 levels over time as described in the Columbia Slough ROD, achieve alternative levels of cleanup, or otherwise demonstrate that long-term protection of human health and the environment will be achieved over time through the implementation of ongoing DEQ and City actions and programs. C. Identify, characterize, and evaluate for remediation as appropriate any sediment contamination attributed to storm water runoff from City owned facilities that is not protective of human health and the environment.

D. Monitor sediment quality and fish tissue in the Slough to assess progress in achieving remedial action objectives for the Slough over time. E. Provide on-going risk communication to the public about environmental conditions in the Slough and associated health advisories regarding consumption of fish caught in the Slough.

DEQ and the City will achieve the objectives, listed in Section I - GOAL and OBJECTIVES, via the following framework of actions described in Section II - ACTIONS:

A. Program Coordination B. Stormwater Source Control Evaluation and Management 1. City Roadways 2. Commercial Industrial Facilities 3. Source Investigation and Control Actions C. Sediment Characterization and Remediation 1. Columbia Slough Sediment Priority Areas 2. Remaining Slough Segments D. Work Plans, Reports, and Communications 1. Watershed Action Plan Update 2. Long-term Monitoring Plan Review/ Update 3. Columbia Slough Database and Data Management Plan 4. Annual Report

II. ACTIONS

The specific actions as they relate to the objectives provided in Section I. GOAL and OBJECTIVES above are as follows:

A. PROGRAM COORDINATION

DEQ and the City will coordinate to update the Watershed Action Plan (W AP) and schedule, or equivalent plan and schedule, for coordinating and completing source control of: • Upland facilities discharging to in-water sediment priority areas listed in Section 11.C.1 of this SOW • City outfall basins approved for CIP funded construction of stormwater treatment systems

The City will assist DEQ with identifying potential upland sources, performing source tracing investigations, and providing recommendations or referrals to appropriate regulatory programs for source control including but not limited to: City enforcement programs; NPDES 1200z permit program; or DEQ's cleanup program.

DEQ will assist the City by reviewing and taking appropriate source control actions ( e.g., performing site assessments; requiring source control evaluations or implementation of source control measures; issuing source control decisions) for upland sites discharging to the City's outfall systems with the goal of completing these activities before stormwater treatment systems are constructed and in-water sediment remediation occurs.

The schedule(s) will identify the order and timeframe under which actions are projected to occur. This schedule will guide the priorities and timing of actions described in this SOW, particularly with regard to source investigation, source control and stormwater treatment.

DEQ and the City will prepare and submit a monthly email report to each other on or about the 15th of each month. The purpose of these reports is to provide a brief description, status/update for DEQ and City projections or actions under the Columbia Slough Sediment Program. DEQ and the

City will meet at a minimum quarterly to discuss project progress, goals/objectives, and need for adaptive management of program activities.

B. STORMWATER SOURCE CONTROL EVALUATION AND MANAGEMENT

DEQ and the City will implement any or all of the actions listed below as part of the watershed approach. Actions implemented in the reporting year, as well as actions and a schedule for the coming year will be described in the Annual report.

1. CITY ROADWAYS (Objective A. 1): The City will treat stormwater runoff from selected City- owned roadways using green streets, planters, underground vaults or manufactured stormwater treatment technologies (MSTTs), underground injection control (UIC) facilities; or other appropriate storm water treatment facilities in accordance with the City's Stormwater Management Manual.

Treatment of stormwater runoff from City roadways is being accomplished in two broad phases; pre-design, and design/construction. The pre-design phase included identification of stormwater treatment priorities throughout the Slough watershed, and development of recommended alternatives to treat identified priorities. In December 2013, BES completed the Final Columbia Slough Outfalls Pre-Design document that identifies stormwater treatment facilities that will reduce pollutants entering the Slough from City roadways that have high traffic volumes, serve commercial/industrial land use, or for other reasons, are likely to have elevated pollutant loads.

Design and construction of storm water treatment systems is being phased over time to accommodate the scale, complexities and significant costs of these actions.

2. COMMERCIAL/INDUSTRIAL FACILITIES (Objective A.2): DEQ and the City will continue to collaborate on source identification and control activities at facilities that are potential sources of contamination to the Slough and/or recontamination. DEQ and City efforts will be prioritized to address sources in and around DEQ in-water cleanup areas and within stormwater basins where City capital improvement program (CIP) funds have been approved for construction of stormwater treatment facilities.

The City and DEQ will continue to collaborate on stormwater basin specific Source Investigation and Control efforts that identify the actions and timelines needed to control known or suspected significant pollutant sources, as described in Section I.A. This work includes City sampling of solids and stormwater in priority basins and using the resulting data to focus source identification and source control efforts and to support DEQ source control decisions for City outfall basins.

Source Investigation and Control efforts will identify significant upland sources discharging to City stormwater pipes or directly to the Slough; facilitate or require actions to address stormwater management practices at identified sites and manage residual contamination, if any, that may have been discharged to the City's stormwater system. These actions include: a. Industrial Stormwater Permit Administration: The City will continue to work under DEQ authority to administer the NPDES 1200z Industrial Stormwater Permit Program

in the Columbia Slough Watershed. The City will identify permitted and unpermitted upland discharges to the city stormwater system and make recommendations regarding source control measures as appropriate to reduce pollutants entering the City system from permitted and unpermitted sites in the Slough. DEQ and the City, using their respective authorities, will require implementation of source control measures at permitted or unpermitted sites as needed.

b. Storm water Pathway Evaluations: DEQ and the City will work together to assess sites that require stonnwater pathway evaluations to identify contaminants entering the City stormwater system from upland sites. For cleanup sites, DEQ will ensure that Source Investigation/Source Control Evaluation Workplans are developed, including a scope and schedule of actions to be implemented by responsible parties at identified sites. For sites with both cleanup activities and stormwater permits, DEQ project managers and City stormwater permit managers will coordinate actions to ensure that stormwater source control is consistently addressed throughout the watershed.

c. Stormwater System Clean-out: City stormwater pipes are designed to limit sediment accumulation; it is unknown whether there are areas where the stormwater system (catch basin and/or stormwater pipes) has accumulated sediment at concentrations that could contribute to recontamination of Slough sediment or would otherwise be harmful to the Slough. The City will support the work of DEQ and responsible parties to allow permitted access to the City system to:

1. Identify locations where accumulated sediment may be pres ent in the City stormwater system from upland sources and may contain elevated levels of contaminants;

11. Investigate ( e.g., camera survey, solids sampling) contributions from upland sources to determine if accumulation has occurred in the City system;

111. Evaluate the feasibility of accumulated sediment removal and/or complete pipe cleanout by the upland responsible party or others where appropriate.

3. SOURCE INVESTIGATIONS AND CONTROL ACTIONS (Objective A.1, A.2, A.3): Focused source investigation and control actions will continue to be used to identify and control the most significant pollutant sources. In-line sediment sampling, stormwater monitoring and stormwater pathway evaluations will continue to be used to identify sites discharging pollutants to the City system.

The City will use source tracing investigation results to refer upland sources to appropriate regulatory programs (e.g., City enforcement, NPDES permit, DEQ cleanup). The City will use basin stormwater characterization and basin prioritization results to determine: the need for stormwater treatment of selected City roadways when specific sources of contaminants in roadway runoff cannot be identified; facilitate stormwater treatment design decisions regarding the location, type and level of storm water treatment facilities to be constructed within the City's stormwater outfall basins; and to support City outfall basin prioritization, source control actions, and basin source control decisions. The City may submit Source Control Evaluation reports and/or requests for no further action determinations or source

control decisions for selected upland stormwater basins as warranted based on a weight of evidence evaluation.

DEQ will determine the need for source control evaluations, source control actions, or cleanup actions at individual upland sites within City outfall basins or sites discharging directly to the Slough, based on the results of outfall basin sediment and stormwater sampling, in-water sediment data, NPDES 1200z permit compliance status, or any other relevant site information.

The City will prepare as appropriate requests for no further action determinations or source control decisions, based on a weight-of-evidence approach, for selected City stormwater basins. DEQ will review and provide comments on no further action or source control decision requests submitted by the City in accordance with Section II .3 of the Agreement.

C. SEDIMENT CHARACTERIZATION AND REMEDIATION (ObjectiveC.)

1. Columbia Slough Sediment Priority Areas - In the 2016 IGA, DEQ identified priority areas for in-water cleanup actions, based on the results of broad-based sediment sampling and data evaluation. These areas are summarized in the Background section of this SOW and discussed here. a. Lower Slough: In the 2016 IGA, DEQ identified the following sediment priority areas based on available data collected through private party actions, City long-term monitoring, and DEQ investigations conducted using settlement funds:

1. Sediment adjacent to the former Pacific Meat site, downstream from City outfall 60 (Pacific Meatsediment). DEQ used settlement funds to complete construction of an activated carbon cap completed in 2016.

11. Sediment adjacent to the Pacific Carbide site. DEQ used settlement funds to conduct additional sediment monitoring and remedial action design. DEQ plans to construct an activated carbon cap at the site in 2021 or 2022 using settlement funds.

111. Sediment along the bank adjacent to the WasTech site near City outfall 62/62A. DEQ will use settlements funds to conduct additional sediment characterization and remedial action near the WasTech site in 2020.

a. Whitaker Slough: The Whitaker Slough includes two main segments, the Whitaker Slough and the Marx-Whitaker Slough. Actions described below will be implemented to facilitate in-water sediment cleanup at the two identified priority areas in this reach:

1. Whitaker Slough -Portland Willamette Inlet: In 2009, DEQ reached a settlement with the Portland Willamette facility for contribution to sediment contamination in a Whitaker Slough "inlet" referred to as the Portland-Willamette Inlet (PWI), which also receives stormwater discharge from City outfall 77a. In 2014, DEQ completed an in- water remedial action to address contaminants in the PWI. DEQ issued a No Further Action determination with respect to stormwater source control for the Portland--Willamette operation. The City constructed a stormwater treatment facility to treat public roadway runoff discharged to the PWI from City outfall 77a. The City may submit a request for a Source Control Decision for this outfall basin using a weight-of-evidence approach.

11. Marx-Whitaker Slough: The Marx-Whitaker Slough forms the easternmost segment of the Whitaker Slough, from approximately NE 112th St. to NE 138th St. where it terminates. The Marx-Whitaker Slough was identified as a priority in the W AP due to elevated concentrations of pesticides near City outfall 104b. Historically, stormwater runoff entering the Marx-Whitaker Slough included uncontrolled runoff from actively farmed agricultural land through the City outfall 104b. Around 2002, fifteen acres of farmland owned by the City were taken out of production and a cover crop was established to eliminate erosion originating from City property. The agricultural landowners worked with the local Soil and Water Conservation District to implement erosion and stormwater treatment controls on their land. Permanent stormwater controls were constructed by the landowners in 2012. In 2019, the City constructed over 50 green street facilities to treat stormwater from selected City Roadways in Outfall basin 104b. The City may submit a request for a Source Control Decision for this outfall basin using a weight-of-evidence approach. DEQ and the City will work together to evaluate and define actions, if any, needed for this segment of the Slough.

111. Whitaker Slough - In channel sediment between former Nu-Way Oil (ECSI #88) and former Halton-Voith (ECSI #1503). In the 2016 IGA, DEQ identified in- channel sediment in the vicinity of Nu-Way Oil and the Halton-Voith facility (between City Outfalls 73a and 74), as containing contaminant concentrations at high enough levels to warrant active cleanup. DEQ and the City will work together to identify significant sources that may be conveyed to the Slough from outfall basins 73a and 74 (a.k.a., AMN510). The City will use stormwater monitoring data to determine the need for stormwater treatment and facilitate design decisions regarding the location, type and level of storm water treatment facilities to be constructed within Whitaker Slough basins 73a and 74. DEQ may identify additional in water cleanup priority areas using criteria that is consistent with DEQ selection of priority cleanup sites in 2012 and 2016. DEQ plans to continue developing and implementing sediment cleanup plans using settlement funds until they are depleted.

2. Remaining Slough Segments - Evaluation of remaining Slough segments will be completed as resources allow during the implementation of this SOW. DEQ and the City will continue to evaluate the results of available sediment data and other information at appropriate to prioritize source identification, source control, and in-water cleanup actions. These evaluations may consider, but are not limited to the following: • BES 2016 fish tissue and 2017 slough-wide sediment characterization results; • BES stormwater source tracing and basin characterization investigation results; • DEQ sediment investigation results including: 2013 DEQ McBride Slough Sediment Characterization 2013-2014 DEQ Marx Whitaker Sediment Characterization 2015 DEQ Pacific Carbide Sediment Characterization 2015 DEQ Pacific Meats Sediment Characterization

2016 DEQ Colwood -Middle Slough Sediment Characterization 2019 DEQ Halton-Nuway Sediment Characterization • BES stormwater outfall prioritization results; and • Other data collected during the period of this agreement to identify where additional focused source control investigations or sediment cleanup actions may be needed.

D. WORK PLANS, REPORTS, AND COMMUNICATIONS

l. Watershed Action Plan Update (Objectives A- E) The City and DEQ will amend the W AP, or prepare an equivalent program management plan, to reflect a revised schedule of actions to be completed by the City and DEQ, consistent with tasks described in this SOW. 2. Long-term Monitoring Plan Review/ Update (Objectives D and E) The Long-term Monitoring Plan (LTMP) describes actions the City will implement to measure the long-term health of the Slough, and to assess the effectiveness of actions being implemented to reduce sediment contamination to protective levels. Data generated by this monitoring will provide the basis for adaptive management of the Slough.

The last Slough-wide fish tissue sampling event was completed in 2016 and the last Slough- wide sediment sampling event was completed in 2017. Stormwater monitoring is conducted on an annual basis.

Data collection and reporting for Water Quality was eliminated from the L TMP in the 2016 IGA, due to the lack of observable correlation between in-stream water quality conditions and impacts to in-water sediment.

The City and DEQ will review the L TMP. This review will focus on revaluating and redefining the LTMP elements ( e.g., sediment, fish tissue, stormwater) and data quality objectives based on previous results and sampling design improvements over the past 25 years. This review will also consider evaluation of current sampling methodologies and monitoring event frequency ( e.g., 10-year slough wide sediment sampling). Based on the results of this review, the City will revise the 2011 L TMP or prepare an equivalent plan ( e.g., Sediment Program Management Plan) and include a schedule for future long-term sampling events and preparation of project sampling and analysis plans (SAPs) as appropriate.

3. Columbia Slough Database and Data Management Plan (Objectives A, B, D, and E) The City will continue to upload relevant and applicable data to the Columbia Slough Database to facilitate access, analysis and mapping of data from over 25 years of environmental monitoring in the Columbia Slough. The database will support decision making, and analysis of data trends over time. The City will continue to maintain the database and make refinements as appropriate and practicable to add missing information, improve functionality, and provide improvements to the user interface.

Procedures for uploading data, accessing and using the database are provided in the Data Management Plan submitted to DEQ in 2016. Amendments to the Data Management Plan will be made as needed.

4. Source Control Investigations and Source Control Evaluation Work Plans and Reports (Objectives A, B, C, and E) a) Work Plans: The City will prepare work plans, as appropriate, for City stormwater basins to identify sources or characterize basin conditions to facilitate upland source control decisions. Work plans will be prepared consistent with the W AP, or an equivalent program management plan.

b) Reports: The City will prepare source investigation reports, basin characterizations reports, or source control evaluation reports, as appropriate, for selected City Outfall basins. Reports will be prepared consistent with the W AP, or an equivalent program management plan.

5. Annual Report (Objective E) A combined BES and DEQ report will be produced in January of each year describing the SOW actions completed and planned for the following year. The annual report will be available to the public on the City of Portland website.

6. Communications (Objective E) a. Fish Advisory Signs: The City removed outdated and damaged Columbia Slough Fish Advisory signs and installed about 90 new signs in June 2019 and June 2020 at known fishing locations along the Slough to advise anglers of potential risks posed from consumption of fish caught from the Slough. The City will inspect the signs on a regular basis to evaluate the physical condition of signs and repair or replace the signs as needed. The results of the inspection and maintenance will be included in the Annual Report. b. Fish Advisory Website: In December 2019, the City updated its Columbia Slough Fish Advisory Website and factsheets in response to the Oregon Health Authorities updated Fish Advisory. The factsheets, available on the website, were translated into 12 languages for education and outreach activities. The City will update the website and factsheets as needed. DEQ will assist by reviewing draft documents. c. DEO Website Update: DEQ will perform a comprehensive update to its Columbia Slough website and fact sheets. The City will assist by reviewing draft documents.

III. SCHEDULE

The City will submit work plans and reports that address this SOW for DEQ review and approval, as needed. All work completed under this Agreement will proceed in accordance with the schedule below:

SOW Element Submittal Schedule

A: Program Coordination • DEQ/BES Monthly Reports 151h of each Month DEQ/BES Quarterly Meetings TBD B: Storm water Source Control Evaluation and Management • BES Revised Watershed Action Plan or equivalent See below • BES Source Tracing and Basin Characterization SAP August of each year • Source Control Evaluations for selected basins TBD C: Sediment Characterization and Remediation DEQ Slough sediment characterization TBD DEQ Lower Slough- Pacific Carbide remedial action 2022 DEQ Lower Slough- OF 62/Wastech characterization 2020 DEQ Whitaker Slough (between former Nu-Way Oil (ECSI #88) and 2023 former Halton-Voith (ECSI # 1503) remedial design D: Work Plans, Reports, and Communications BES Watershed Action Plan Review / Update or equivalent Target: September 2021 BES Long-te1m Monitoring Plan Review/ Update or equivalent Target: September 2021 BES Columbia Slough Database Update Annually or As Needed BES Data Management Plan As Needed DEQ/BES Annual Report January 31 of each year o City sections To DEQ on or before November 30th of each year o DEQ sections To BES on or before November 30th of each year o Review and comment To City/DEQ within 30 days of receipt of Annual Report sections o Combined Annual Report Issued by January 31 of each year The schedule for any additional deliverables determined to be appropriate for completion ofthe SOW will be determined as needed. The City, in order to reflect or incorporate newly discovered information and/or environmental conditions, may amend existing work plans as necessary. Additional work plans and work plan amendments are subject to DEQ review and approval and will be processed according to schedules negotiated between the parties at the time ofeach phase change or task addition. The City and DEQ will initiate and complete work according to the schedule specified in this SOW, individual task workplans, letter agreements, or amendments to this SOW. This adaptive management approach is expected to result in themo st efficient and effective process for achieving remedial action objectives for Slough sediment.