OMT-ltr 120808.pdf/1�c. j 9
121 5TH AVENUE NORTH* EDMONDS, WA 98020 - 425-771,0220 -FAX 425-771-02?1
Website: www-6,0d(Mnds.wa.us
PUBLIC WORKS DEPARTMENT
Engineering Division
December 8, 2008
Bob Gregg
GPA Associates
51 Went Dayton Street, Suite 304
Edmonds, WA 98020
GARY HAAKENSON
MAYOR
RE: Under round. Storage Tank at Fifth Avenue and lea ton Street Wopefty
Responsibility for City's Future Costs
Dear Mr. Gregg:
This letter is written with respect to the underground storage tank ("UST") recently encountered
at your property at 201 Fifth Avenue South, Edmonds, WA ("Property"), Your cleanup
contractor, Filco, collected soil samples from around the UST, one of which exceeded cleanup
levels under the Model Toxics Control Act ("MTCA"). The extent ofexceedances of cleanup
levels in soil and groundwater around the UST is not known. Nonetheless, we understand the
Department of Ecology does not object to in-place closure of the UST.
The City of Edmonds ("City") will not assert to Ecology that the UST miust be remove(].
However, because contamination above cleanup levels remains in the right-of-way please he
advised that the City will hold you responsible for any and all reasonable incremental costs that
may be incurred in the future by the City that are associated with petroleum contamination
remaining in soil and groundwater at Property and the ad.jacent. right-of-way. Such costs include,
but are not limited to, reasonable incremental costs to assess, monitor, and/or remediate residual
petroleurn contamination in connection with repair or replacement of underground utilities at or
near the Property and costs incurred by the City to respond to any claim by any third party with
respect to the residual petroleum contamination, including the Department of Ecology.
Sincerely,
2cbv J�jl
Robert S. English, P.E.
City Engineei,
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