The Port of Tacoma intends to dispute a penalty the U.S. Environmental Protection Agency wants to impose over paperwork related to cleanup of the former Kaiser Aluminum & Chemical Corporation smelter site.

The dispute focuses on a half-acre former waste-handling area cleaned up by Kaiser in 2002 before the Port purchased the Tacoma Tideflats property.

The Port bought the shuttered aluminum smelter in early 2003 from Houston-based Kaiser. The sale included about 96 acres of land and related structures next to the Blair Waterway.

The land and buildings were contaminated from more than 60 years of aluminum production. Kaiser completed cleanup of the half-acre hazardous waste-handling area in 2002 and filed a report with the state Department of Ecology to close out the cleanup.

During the past seven years the Port has removed thousands of tons of waste from the site, demolished buildings and cleaned up significant portions of the property. About 80 of the 96 acres so far have been returned to Port-related use to generate jobs and income.

Federal hazardous waste laws require private property owners to file financial assurance letters each year to demonstrate they have the means to complete their cleanup and monitoring responsibilities. In Washington, the state Department of Ecology administers this federal mandate.

Since 2003, the Port has worked cooperatively with Ecology to meet financial assurance requirements at the former Kaiser site, estimated to cost about $300,000 for cleanup-related monitoring during the next 20 to 30 years. Prompted by an audit of Ecology’s program, the EPA began to pursue the Port in 2008 for a settlement over missed paperwork deadlines.

The Port worked with the EPA for more than a year to find a reasonable way to settle this matter, including an offer to put the money the Port likely would spend on legal fees into an environmental project that provides obvious public benefit. The two parties could not reach agreement, and last month the Port notified the EPA of its decision to decline EPA’s $232,000 settlement offer.

“We are disappointed that the EPA is pursuing any penalties in the face of our demonstrated leadership and commitment to clean up our community and put these once-contaminated properties back into productive use,” said Port Commission President Don Johnson. “We are proud of our work to clean up a contaminated industrial site and divert more than 100 million pounds of material from landfills through recycling and reuse.”

About the Port of Tacoma
The Port of Tacoma is an economic engine for South Puget Sound, with more than 43,000 family-wage jobs in Pierce County and 113,000 jobs across Washington state connected to Port activities. A major gateway to Asia and Alaska, the Port of Tacoma is among the largest container ports in North America. The Port is also a major center for bulk, breakbulk and project/heavy-lift cargoes, as well as automobiles and trucks.


Contact: Tara Mattina, Port of Tacoma, (253) 428-8674