2009 CERCLA & MTCA
Advanced Sediment Conference

May 11, 2009
Washington Convention Center
Seattle, Washington

Presentation prepared by Brad Marten (7mb)

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  • Federal and State Environmental Cleanup Programs, Policies & Priorities
  • Environmental Cleanup in Difficult Economic Times
  • CERLCA & MTCA - Laws and Litigation
  • Apportioning Liability - Who Should Pay?
  • MTCA Sediment Management Standards Revisions
  • Dredged Materials Management - DMMP, RSET, Dioxin
  • Ecosystem Monitoring and Maximizing Ecological Value
  • Puget Sound Initiative
  • Upper Columbia River
  • Duwamish River Feasibility Study
  • Updates on Other Sediment Cleanup Projects

AGENDA

8:45-9:00 Welcome and Introductions

Holly Duncan, President
Environmental Law Education Center

CERCLA & MTCA - STATE AND FEDERAL REGULATORY ISSUES

9:00-9:30 US EPA Cleanup Programs - What Does the Future Hold?

  • Latest Developments in Cleaning Up Contaminated Property
  • Policies and Priorities of the New Administration
  • Superfund and Contaminated Sediment
    Dan Opalski, Director, Office of Environmental Cleanup
    US Environmental Protection Agency, Region 10

9:30-10:00 Cleaning Up Contaminated Property in Washington

  • Priorities and Policy Considerations of Washington's Toxics Cleanup Program
  • Legislation & Major Funding Issues
    Jim Pendowski, Program Manager, Toxics Cleanup Program
    Washington Department of Ecology

10:00-10:30 Break

LAWS, LITIGATION AND LIABILITY

10:30-11:00 CERCLA & MTCA -- Laws and Litigation

  • Issues Before US Supreme Court - What is the Impact of These Decisions?
  • Joint and Several Liability, Claims for Contribution
  • Apportionment of Liability, Arranger Liability and Other Cutting Edge Issues
    Brad Marten, Marten Law Group

11:00-11:30 Apportioning Liability

  • Technical Approaches for Allocating Environmental Costs
  • Meeting the Evidentiary Standard for Apportioning Liability
    Kirk O'Reilly, PhD, JD
    Exponent, Inc

11:30-12:00 Legal and Practical Issues for Sediment Cleanup Projects - Dispatches from the Front

  • Puget Sound Initiative: Practical Impacts, What's Happening on the Ground?
  • Upper Columbia River: Pakootas v. Teck Cominco Metals - Liability & Fascinating Legal Issues
    Steven Thiele, Stoel Rives LLP

12:00-1:00 LUNCH

CONTAMINATED SEDIMENT SITES IN THE NORTHWEST

1:00-1:30 Contaminated Sediment Site Update

  • Update on Northwest Superfund Sediment Cleanup Projects, Policies and Priorities
  • Puget Sound, Upper Columbia River, Commencement Bay, Portland Harbor, Lower Duwamish and Others
    Sheila Eckman, Unit Manager, Office of Environmental Cleanup
    US EPA Region 10

1:30-2:00 Sediment Management in Washington

  • Washington's Sediment Cleanup Program
  • MTCA and Proposed Revisions to Washington's Sediment Management Standards
  • Status of State Lead Sites
    Chance Asher, Manager, Aquatic Lands Cleanup Unit
    Toxics Cleanup Program
    Washington Department of Ecology

DUWAMISH RIVER FEASIBILITY STUDY

2:00-2:30 Duwamish River Superfund Site

  • A Report on the Feasibility Study (scheduled for release at the end of April)
  • Major Issues Addressed in the Study
    John Ryan, AECOM Environment

2:30-2:45 EPA Response to Duwamish Feasibility Study

  • What Criteria Will EPA Will Use to Respond to the Feasibility Study?
  • What Are the Next Steps at the Duwamish?
    Allison Hiltner, RPM

2:45-3:15 Break

DREDGED MATERIALS MANAGEMENT IN WASHINGTON STATE

3:15-4:00 Sediment Evaluation - How Does it All Fit Together?

  • What is RSET and Where Does DMMP Fit it?
  • Recommended Approach to Dioxin in Dredged Sediment
  • Collection of Sediment Across the Puget Sound on the OSV Bold
    Laura Inouye, PhD
    Shorelines Environmental Assistance Program
    Washington Department of Ecology

MAXIMIZING ECOLOGICAL VALUE AT RESTORATION SITES

4:00-4:30 Ecosystem Monitoring and Habitat

  • Determining the Success of Restoration at Cleanup Sites
  • Are the Physical Enhancements Helping Restore Ecosystem and Habitat at Urban Sites?
  • Case Study: Toxic Chemical Contaminants in the Columbia River and Puget Sound
    Lyndal Johnson, Supervisory Zoologist
    Ecotoxicology Program, Northwest Fisheries Science Center
    National Oceanic and Atmospheric Administration

4:30-5:00 Maximizing Ecological Value and Restoring Contaminated Sites

  • Using Landscape Connectivity Modeling to Prioritize Ecological Restoration Sites within a Regional Context
  • Increasing Credits for Compensatory Restoration Under NRDA
    Peter Jensen, PhD
    Integral Consulting
    Annapolis, MD

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