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County briefs committee on Lower Duwamish Superfund consent decree package; settlements secure hundreds of millions but Port of Seattle declines allocation
Summary
King County prosecutors and WTD briefed RWQC on a transmitted ordinance and consent‑decree package for cleanup of the Lower Duwamish Waterway. The settlement package follows a mediated allocation and secures substantial upfront funding for cleanup; the Port of Seattle rejected its allocated share and litigation remains a risk.
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King County legal and wastewater staff told the Regional Water Quality Committee on March 5 about a recently transmitted ordinance that would authorize the county executive to sign a consent decree and related settlements to implement the cleanup of the Lower Duwamish Waterway Superfund site.
Christy Elliott of the King County Prosecuting Attorney’s Office summarized the negotiated package and its history. The consent decree follows a 10‑year mediated allocation among more than 40 private and public parties that apportioned shares of responsibility for investigation and cleanup. Boeing, the City of Seattle and King County together carry more than half of the allocated share among performing parties; the Port of Seattle rejected its allocation. Elliott said the consent decree is intended to secure funding and to formalize roles for implementation under EPA and state oversight.
Key financial points presented to the committee: - Published cleanup estimate cited in the briefing: $668,000,000 (Elliott noted actual costs could be higher). - The settlements secured roughly $282,000,000 in upfront funding toward cleanup; most of that ($264,000,000) is intended for future costs. - King County’s allocated share from the allocator is reported at 8.4% and King County is expected to receive just over $50,000,000 in settlement funds directed to county cleanup obligations. - EPA agreed to waive approximately $23,000,000 in oversight costs as an incentive in the settlements.
Elliott and WTD director Cameron Gural explained the package also includes terms addressing the federal government’s share and limited reopeners for some future circumstances. The county and its negotiating partners continue efforts to recover the Port of Seattle’s apportioned share; Elliott said litigation with the port is possible if further settlement discussions fail.
The committee received the briefing for information only; the transmitted ordinance must still move through local legislative review (King County Council and Seattle City Council) and then federal DOJ approval in the U.S. court consent‑decree process.
Ending: County staff said the consent decree, if approved through the remaining steps, will enable years of dredging and cleanup work (annual windows during October–February noted) and that the county will continue to pursue additional responsible parties and insurance recoveries as needed to close funding gaps.
