City of Tacoma/Public Works/Environmental Services Science and Engineering

Comment on 33 CFR Part 165.1324, Paragraph (c) Waiver The City of Tacoma (“City”) requests that, when considering authorization of a waiver of the navigation use restrictions, that the City be consulted along with the USEPA and WDNR. The City is a Performing Party under the Consent Decree described below and will be negatively affected by a waiver authorized under 33 CFR Part 165.1324 (c), that interferes with and/or adversely affects the integrity or protectiveness of the remedial actions undertaken by the City in the Thea Foss and Wheeler-Osgood Waterways. We would propose that the language be revised to read as follows: “The Captain of the Port (COTP) Puget Sound, upon advice from the U.S. Environmental Protection Agency (USEPA) Project Manager, the Washington State Department of Natural Resources, and the Performing Parties for the sediment remediation (as defined in the Consent Decree - United States v. Atlantic Richfield Co., et al., Civil No. C03-5117), may, upon written request, authorize a waiver from this section if the COTP Puget Sound determines that the proposed operation supports USEPA remedial objectives, or can be performed in a manner that ensures the integrity of the sediment cap.