3800 RIVERFRONT BLVD 2025-07-23 - Laserfiche WebLink

1 1 K. This Decree shall not be construed as proof of liability or responsibility for any 2 releases of hazardous substances or cost for remedial action nor an admission of any facts; 3 provided, however, that the City of Everett shall not challenge the jurisdiction of Ecology in 4 any proceeding to enforce this Decree. 5 L. The Court is fully advised of the reasons for entry of this Decree, and good 6 cause having been shown: 7 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 8 U. AUTHORITY, JURISDICTION, AND VENUE 9 A. This Court has jurisdiction over the subject matter and over the parties pursuant 10 to Ch. 70.105D RCW, the Model Toxics Control Act (MTCA). is 11 B. Authority conferred upon the Washington State Attorney General by RCW 12 70.105D.040(4)(a) to agree to a settlement with any potentially liable person if, after public 13 notice and hearing, Ecology finds the proposed settlement would lead to a more expeditious 14 cleanup of hazardous substances in compliance NA-1th cleanup standards. RCW 15 70.105D.040(4)(b) requires that such a settlement be entered as a consent decree issued by a 16 court of competent jurisdiction. 17 C. Ecology has determined that a release or threatened release of hazardous 18 substances has occurred at the Site which is the subject of this Decree. 19 D. Ecology has given notice to the City of Everett, as set forth in RCW 20 70.105D.020(16), of Ecology's determination that the City of Everett is a potentially liable 21 person for the Site and that there has been a release or threatened release of hazardous 22 substances at the Site. E. The City Everett has to the in this Decree 23 of agreed undertake actions specified 24 and consents to the entry of this Decree under the MTCA. 25 5 ATTORNEY GENERAL OF WASHINGTON CONSENT DECREE EcoloRv Division PO Boa 40117 Olympia. WA 98504-0117 FAX (160) 586-6760 1