Issues surrounding clean up of the former G.P. Site

1) According to DOE, Georgia Pacific drafted the 1994 RI/FS without Ecology oversight. In the Phase II Proposed Agreed Order, Ecology proposes to use Georgia Pacific's 1994 RI/FS, with the Department of Ecology's review.

Under the proposed Agreed Order, Ecology will release G.P. from liability for specific contaminants that may be subsequently discovered at the chlor-alkali plant site.

Why would the Department of Ecology enter into an agreement to release the potential liable party from cleanup responsibility for contamination it created?

2) The Port and Ecology are seeking approval to dump a portion of dredged materials from the Whatcom Waterway at the Bellingham Bay or Rosario Open Water Disposal Site.

Materials dumped at open water disposal sites are not controlled or contained. A better choice would be an approved upland toxic waste dump or a Confined Aquatic Disposal site that can be tested and monitored.

3) Across the nation, Brownfield re-development studies have demonstrated that it is very difficult for agencies and potentially liable parties to adequately assess site contamination.

What may initially appear to be a straight forward cleanup may under calculate the amount of contamination, resulting in higher cleanup costs.

Higher clean up costs can result in project delays and increased construction costs.

4) The greatest challenge for the assessing the level of contamination on the G.P. uplands is determining the actual amount of soil contamination; as levels of contamination are not uniform throughout the site.

We already know that 12 tons of mercury is buried in the Chemfix. Hence, we need to determine how much more mercury and other hazardous chemicals are hidden in the soil and groundwater; and, what health hazards they may represent to college students, workers, and proposed residents on the site?

The DOE has this site listed as a "5" on a scale of "1 to 5," with "5" being a low hazard site. I'd love to hear the state's explanation for the low rating on a site that contains at the minimum, 12 tons of mercury!

5) Traditionally, real estate market conditions play an integral role in the dynamics of the sales agreement. In hot markets, the seller is at an advantage.

This advantage, according to a 2009 DOE study, often extends to erasing clean up liability, even if the seller is the party that contributed to the contamination. (No wonder the Port doesn't support public ownership). They don't want to be liable for future claims or clean up costs!

It appears that the Port of Bellingham intends to sell the property "as is" and require indemnification from the buyer. Not only does this create a disadvantage for potential buyers, it can also create a public health hazard for members of the community who will be working or living in an environment while clean up and development takes place over the next 20 to 30 years.

When markets slow, some sellers will take some responsibility for cleanup but many others will sit on their site until market conditions improve again.

I would like this project to be successful. But successful redevelopment depends on responsible governing and clean up.

The City and Port have indicated that they are willing to invest up to $250 million in public infrastructure development for this site. I wonder, are they willing to invest half that amount in clean up? How about a quarter of that amount?

2009 WA Department of Ecology Study on Brownfield reclamation and re-development: http://www.ecy.wa.gov/pubs/0909043.pdf

Georgia Pacific West Corporation Chlor-Alkali Plant Cleanup

Remedial Investigation/Feasibility Study - Phase Two Proposed Agreed Order
(TCP Pub # 02-09-048)


The state of Washington Department of Ecology and the Georgia Pacific Corporation have proposed, under terms of the Model Toxics Control Act (MTCA Chapter 70.105D RCW), to enter into an agreed order. An Agreed Order is a legal document formalizing an agreement between Ecology and potentially liable persons (PLP's), to ensure that the proposed cleanup activities are conducted according to methods and standards prescribed under MTCA and other applicable laws and regulations.

Under the proposed Agreed Order, the corporation would conduct a remedial investigation and a clean up feasibility study on the chlor-alkali plant area at the pulp and paper mill complex in Bellingham. After satisfactory completion of the clean up, Ecology would release the corporation from liability for specific contaminants that may subseqently be discovered at the chlor-alkali plant site.

Ecology invites you to evaluate the proposed Agreed Order. We welcome your comments about the proposal through September 13, 2002. The box at the right lists where to read a copy of the draft agreed order, as well as where to submit written or spoken comments.

Site Background

In 1965, Georgia Pacific built a chlor alkali plant in the Bellingham Washington pulp and paper mill. The plant's function was to produce chlorine and sodium hydroxide (caustic) for use in bleaching and pulping wood fiber.

Process description

Chlorine and caustic were produced at the plant using the DeNora mercury cell process. Chlorine gas was generated electrolytically from a saturated solution of sodium chloride (brine). The mercury cells were rectangular steel troughs having a slight downward slope. Mercury flowed through the closed loop cell and decomposer, producing chlorine and caustic. The mercury and brine NaCI flowed parallel through the cell (the brine floated on top of the mercury). In each cell, the mercury acted as a flowing cathode, while the anodes consisted of titanium metal.

Chlorine evolved at the anodes and was extracted from the cell as a gas. As the chlorine evolved from the brine, sodium amalgamated with the mercury, leaving the cell and traveling to a decomposer. Having passed through the cell, the brine was stripped of any residual chlorine and returned to the brine saturator to be restarted with salt.

The mecury/sodium amalgam was continuously treated in the decomposer. In the decomposer the mercury acted as an anode, liberating sodium which reacted with water to form sodium hydroxide (caustic). Hydrogent gas was liberated at the cathode. The mercury was then pumped back into the cell to repeat the process. At the inlet and outlet ends of the cells the mercury was covered with a water bath to prevent volatilization at these points. The entire cell was kept at a negative pressure to prevent the loss of chlorine gas.

Page 2

Plant Closure and Cleanup

Georgia Pacific West Corporation closed the chlor alkalki plant during the summer of 1999. Planned remediation of the plant site was to occur in two phases. The first phase was conducted under an Ecology Agreed Order (DE TC99 1035) governing the shut down, decommissioning, and demolition of the the plants' processing machinery and building. That Phase of the project is complete.

The current proposed Agreed Order, phase two, will be used to direct a remedial investigation and feasibility study (RI/FS). The RI/FS will include sampling and testing of the soils and ground water on the site to identify the types and extent of contamination. The feasibility study will consider an array of containment and treatment methods and determine the best cleanup scenario for the property.

What will be done in Phase II?

In 1994 Georgia Pacific Corporation submitted an Independent Remedial Investigation and Feasibility Study (RI/FS) for the chlor-alkali plant site. The 1994 RI/FS was completed without Ecology review and input. The phase two proposed Agreed Order would have Ecology review and would require Georgia Pacific to take the following actions at the plant site to complete the 1994 RI/FS:

Submit, within 45 days, a sampling plan that completes characterization of the site. After Ecology approval, complete sampling and use final soil and groundwater analysis to determine both the area and vertical extent of mercury contamination in soil at the site.

Submit, within 45 days, a sampling plan that initiates further investigation of the Chemfix mercury sludge disposal area (12 tons of mercury).

Develop a sampling and testing protocol to determine whether mercury could leach from the solidified Chemfix sludge. Use the new protocol to sample the Chemfix sludge. Report sampling results.

Submit, within six months of the completion of the sampling programs and Ecology's approval of the results, a proposed feasibility study to finish the cleanup of the site.

What will happen next?

Ecology will consider all public comment about this proposed Agreed Order that is received during the formal comment period, and respond in a written and published report called a "Responsiveness Summary". If necessary, based upon the comments received, Ecology may modify the Agreed Order before issuing it. The work required in the Agreed Order should be completed in approximately nine months.

Final cleanup of the site will occur after Georgia Pacific submits a remedial investigation and feasibility study that Ecology can approve; and the parties draft and sign a consent decree. An additional formal public comment opportunity will occur after the Agreed Order for the RI/FS has been satisfied and before Ecology issues the Consent Decree for final cleanup.

The comment period on the proposed Agreed Order expired on September 13, 2002.

Interested parties may arrange to see the file of supporting documents that informed the drafting of this proposed Agreed Order by contacting Paul Skyllingstad at Ecology's headquarters building in Lacy, (360) 407-6949.

Original document: http://www.ecy.wa.gov/pubs/0209048.pdfDOE

Clean up schedule: http://www.ecy.wa.gov/programs/tcp/sites/blhm_bay/sites/bel_bay_sites.html#Cleanup_Progress

WA Department of Ecology Study on Brownfield reclamation and re-development: http://www.ecy.wa.gov/pubs/0909043.pdf

Georgia Pacific West Corporation Chlor Alkali Plant Cleanup

PUBLIC COMMENT PERIOD: 8/15/02 - 9/16/02 ===================================================


Phase II Agreed Order to Conduct Remedial Investigation/Feasibility Study Proposed and Available for Public Review & Comment - Georgia Pacific Corp Chlor-Alkali Plant, Facility Site ID No. 14, located at 300 W. Laurel St., Bellingham, 98225, Whatcom County


Ecology and Georgia-Pacific Corporation are proposing a Phase II Agreed Order to conduct a Remedial Investigation/Feasibility Study at the Georgia Pacific Corp Chlor-Alkali Plant site.

Phase I of the cleanup involved closing, decommissioning, and demolishing the plant's processing machinery and building. The site is ranked a "5" on Ecology's Hazardous Sites List (a rank of "1" is the highest assessed risk compared to other sites on the list, and a "5" is the lowest).

From 1965 to 1999, Georgia-Pacific operated a chlor-alkali plant on the property that used mercury and brine to produce chlorine and sodium hydroxide (these products were used to bleach and pulp wood fiber). In the process, mercury leaked or spilled and contaminated the site site's soil, sediments, and ground water.


The purpose of a Remedial Investigation is to determine the nature and extent of the contamination. With this information, cleanup options are evaluated and presented in a Feasibility Study report.

In 1994, Georgia-Pacific completed an independent Remedial Investigation/Feasibility Study (without Ecology oversight or approval). The Phase II Agreed Order proposes Ecology review this report and Georgia-Pacific take the following actions:

Submit a soil and ground water sampling plan.

Submit a sampling plan of the Chemfix mercury sludge disposal area (Chemfix is a solidification/stabilization treatment process).


Develop sampling and testing protocol to determine if mercury could leach from the solidified sludge area.


Within six months of completion of the sampling programs and Ecology's approval of results, submit a Feasibility Study to Ecology.


Public Meeting: A public meeting to discuss the RI/FS will be held on September 5, 7:00 p.m., at Whatcom Community College, Heiner Auditorium, 237 W. Kellogg Road, Bellingham.

The proposed Agreed Order is available for review at the following locations:

Department of Ecology, Bellingham Field Office, 1204 Railroad, Suite 200, Bellingham

Department of Ecology, 300 Desmond Drive, Lacey, (360) 407-6916

Department of Ecology, Northwest Regional Office, 3190 160th Ave. SE, Bellevue



http://listserv.wa.gov/cgi-bin/wa?A3=ind0208&L=SITEREGISTER&E=quoted-printable&P=317457&B=------_%3D_NextPart_001_01C2486B.74B56260&T=text%2Fhtml;%20charset=iso-8859-1

In the matter of compliance by Georgia Pacific Corporation

Who's afraid of 12 tons of mercury buried in close proximity to proposed schools, retail office space and condos? Certainly not the people who live and work in Bellingham!

_______________________

Department of Ecology

IN THE MATTER OF THE COMPLIANCE BY GEORGIA PACIFIC CORPORATION with Chapter 90.48 RCW and the Rules and Regulations of the Department of Ecology

To: Georgia Pacific Corporation:

Order Docket # DE 77-336

Mercury contaminated chemfix sludge material was deposited by the Georgia Pacific Corporation during July 1976 in a landfill improvised on the woodyard of their pulp mill in Bellingham.

The chemfix project was carried out, without notification to the Department of Ecology, as a means of disposing of approximately 1,5000,000 gallons of mixed liquid and solid wastes that had accumulated in a storage pond of the Chlorine Plant. With a mercury concentration of about 0.17 percent, the 7,000 ton sludge deposit contains approximately 12 tons of mercury.

Order docket No. DE 77-168 was issued by the Department of Ecology on March 2, 1977, requesting information from Georgia Pacific on measures taken to prevent mercury pollution of state waters from the sludge deposit. The Georgia Pacific response, dated April 5, 1977, to Docket No. DE 77-168 stated that the sludge deposit was on a fill site constructed behind an impervious dike in accordance with Army Corps of Engineers Permit No. 071-OYB-1-001695. A review of this permit shows that the dike is described as an earthen berm comprised of upland fill material, with no statement regarding dike permeability, and no statement regarding utilization of the fill project as a disposal site for mercury wastes.

In consideration of the above information, it is determined by the Department of Ecology that additional measures are required to insure that the chemfix sludge material or leachates from the material do not enter state waters.

RCW 90.48.120 reads in part: Whenever the Department deems immediate action is necessary to accomplish the purpose of Chapter 90.48 RCW, it may issue such order or directive, as appropriate under the circumstances.

In view of the foregoing and in accordance with the provisions of RCW 90.48.120(2):

IT IS ORDERED THAT Georgia-Pacific Corporation shall, upon receipt of this Order, take appropriate action not later than October 31, 1977 either transport the chemfix sludge deposit to a disposal site acceptable to teh Department of Ecology, such as the site operated by Chem-Nuclear Systems, Inc. near Arlington, Oregon, or construct and maintain an impervious covering over the chemfix sludge deposit in accordance with teh following requirements:

1. Submit engineering plans for the project, including a legal description of the property occupied by the chemfix sludge deposit, to the Department of Ecology for approval by July 31, 1977. The covering shall be constructed of either asphalt or concrete pavement. If asphalt is used, the surface over the chemfix deposit, including a 10 -foot border extension on all sides, shall be covered with an impervious plastic liner overlaid with sand prior to paving. The asphalt pavement shall extend at least 20 feet beyond the sludge deposit on the side toward the log pond and shall extend to join with existing paved surfaces on the other three sides. If concrete is used, either the surface area described above shall be paved or the surface over the chemfix deposit, including a 10-foot border extension on all sides, shall be paved and joined to a concrete footing wall constructed around the deposit to a depth of six feet.

2. The completed project shall be continually maintained as required to retain the impervious condition of the covering. No future project involving excavation or degradion of the covering shall be undertaken without written approval of the Department of Ecology.

Dated at Olympia, Washington, this (28th) day of June, 1977.

Signed,

Donald O Provosot
Assistant Director of Ecology

Comparisons to other well-known conatmination sites:

ABC News - Love Canal's Lethal Legacy: http://abcnews.go.com/Health/story?id=5553393&page=1

New York State Dept of Health reports: http://www.nyhealth.gov/environmental/investigations/love_canal/