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E <br /> E <br /> F <br /> Vince Bruscas <br /> 3 <br /> June 24,2019 <br /> Page 6 <br /> x <br /> A standard horizontal point of compliance,the property boundary,was used for <br /> soil contamination. <br /> k <br /> A standard vertical point of compliance,fifteen feet,for soils was established in <br /> the soils throughout the site from the ground surface to fifteen feet below the <br /> ground surface. Fifteen feet is protective for direct contact with the contaminated <br /> soil. <br /> 3. Selection of cleanup action. <br /> Ecology has determined the cleanup action you proposed for the Site meets the <br /> substantive requirements of MTCA. <br /> The method selected for soil-excavation of the contaminated soil and transporting the i <br /> soil off-site to a permitted facility with an environmental covenant applied to the property <br /> if not all contaminated soil above cleanup levels can be excavated—meets the minimum <br /> requirements for cleanup actions by providing a permanent solution, immediate <br /> restoration time frame,provides for confirmation monitoring,and protects human health <br /> and the environment. <br /> Limitations of the Opinion <br /> 1. Opinion does not settle liability with the state. <br /> Liable persons are strictly liable,jointly and severally,for all remedial action costs and <br /> for all natural resource damages resulting from the release or releases of hazardous <br /> substances at the Site. This opinion does not: <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 <br /> must enter into a consent decree with Ecology under RCW 70.105D.040(4). <br /> 2. Opinion does not constitute a determination of substantial equivalence. <br /> To recover remedial action costs fiom other liable persons under MTCA, one must <br /> demonstrate that the action is the substantial equivalent of an Ecology-conducted or <br /> Ecology-supervised action. This opinion does not determine whether the action you <br /> proposed will be substantially equivalent. Courts make that determination. See RCW <br /> 70.105D.080 and WAC 173-340-545. <br />