Laserfiche WebLink
Joel Haack <br /> January 6, 2023 <br /> Page 6 <br /> Operation and maintenance of engineered controls <br /> Engineered controls prevent or limit movement of, or exposure to, contamination. Based on <br /> Ecology's analysis of the 2022 CAR, engineered controls are no longer necessary on the Property. The <br /> continued performance of existing engineered controls at the remainder of the Site remains <br /> necessary (see Enclosure A). <br /> Listing of the Site <br /> Based on this opinion, Ecology will update the Site status on its contaminated site database. <br /> However, because further remedial action is still necessary elsewhere at the Site, Ecology will not <br /> remove the Site from its lists of contaminated sites. Furthermore,the Property will remain listed as <br /> part of the Site because the Property cleanup does not change Site boundaries. <br /> Limitations of the Opinion <br /> Opinion does not settle liability with the state <br /> Liable persons are strictly liable,jointly and severally, for all remedial action costs and for all natural <br /> resource damages resulting from the release or releases of hazardous substances at the Site.This <br /> opinion does not: <br /> • Change the boundaries of the Site. <br /> • Resolve or alter a person's liability to the state. <br /> • Protect liable persons from contribution claims by third parties. <br /> To settle liability with the state and obtain protection from contribution claims, a person must enter <br /> into a consent decree with Ecology under RCW 70A.305.040(4).7 <br /> Opinion does not constitute a determination of substantial equivalence <br /> To recover remedial action costs from other liable persons under MTCA, one must demonstrate that <br /> the action is the substantial equivalent of an Ecology-conducted or Ecology-supervised action.This <br /> opinion does not determine whether the action you performed is substantially equivalent. Courts <br /> make that determination. See RCW 70A.305.0808 and WAC 173-340-545.8 <br /> https://app.leg.wa.gov/RCW/default.aspx?cite=70A.305.040 <br /> 8 https://app.leg.wa.gov/RCW/default.aspx?cite=70A.305.080 <br /> 9 https://apps.leg.wa.gov/WAC/default.aspx?cite=173-340-545 <br />