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1 <br />1 <br />D. Consent Decree or Decree: Refers to this Consent Decree and each of the <br />2 <br />exhibits to the Decree. All exhibits are integral and enforceable parts of this Consent Decree. <br />3 <br />The terms "Consent Decree" or "Decree" shall include all exhibits to the Consent Decree. <br />V. STATEMENT OF FACTS <br />4 <br />5 <br />Ecology makes the following findings of fact without any express or implied <br />6 <br />admissions by the City of Everett: <br />7 <br />1. The City of Everett presently owns an approximately 70-acre property located <br />8 <br />at 2902-36th Street East, Everett, Washington. The Site is a closed municipal landfill that <br />9 <br />operated from approximately 1917 through 1974. The Site includes some property currently <br />10 <br />owned by the Burlington Northern and Santa Fe Railroad, Co. The Site is bounded on the east <br />from <br />11 <br />and west by the innermost railroad track. The facility accepted waste both the City of <br />12 <br />Everett and from the rest of Snohomish County. <br />13 <br />2. From 1977 through 1984, approximately 2 million tires were accumulated on <br />14 <br />the Site by a tire chipping business. In 1983 and 1984, two fires occurred burning <br />15 <br />approximately one million tires. The ash covered about 7 acres of the Site. <br />16 <br />3. By letter dated August 23, 1989, Ecology notified the City of Everett of its <br />17 <br />status as a "potentially liable person" for the Site under RCW 70.105D.040 after notice and <br />18 <br />opportunity to comment. <br />19 <br />4. The City of Everett is an "owner or operator" as defined by RCW <br />20 <br />70.105D.020(12) of a "facility" as defined in RCW 70.105D.020(4). <br />21 <br />5. The City of Everett has performed environmental investigations at the Site <br />22 <br />pursuant to administrative orders issued by the Department of Ecology and conducted a <br />Remedial Investigation/Feasibility Study in 1994 Brownfield Feasibility Study in 2000 <br />23 <br />and a <br />24 <br />of the Site. These investigations are described more fully in the Brownfield Feasibility Study <br />25 <br />and Chapter 2 of the Landfill Cleanup Action Plan (CAP) attached to this Decree as Exhibit C. <br />7 ATTORNEY GENERAL OF WASHINGTON <br />CONSENT DECREE <br />Ecology Division <br />PO Box 40117 <br />Olympia. WA 98504-0117 <br />FAX (360) 586-0760 <br />1 <br />