McCormick and Baxter Superfund Site

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The PPA application and proposal scope was submitted to DEQ in May 2024 and refined and expanded based on early and proactive engagement with Tribal representatives, community groups and the general public.

Key elements of the PPA include: 

• Development of research and education focused botanical gardens on a portion of the property and interpretive native plan gardens.
• Site use, development restrictions and monitoring requirements to ensure the cleanup infrastructure is not damaged and will remain protective of human health and the environment.
• Public access to green space and the Willamette River.  

• Construction of the Willamette River Greenway Trail across the property. 

• Habitat improvements and conservation of riparian areas.  

• Tribal and community engagement plans.  

• An integrated pest management plan and invasive species screening policy. 

• DEQ review and approval of development plans before construction activities begin.  

• Portland Botanical Gardens must demonstrate at least $3 million in available funding within one year before DEQ will approve acquisition of the property.  

• Portland Botanical Gardens must pay DEQ $1.195 million upon acquisition of the property to reimburse a portion of past cleanup costs.  

DEQ's approval of the PPA does not immediately transfer ownership of the property to Portland Botanical Gardens. Before DEQ approves the property transaction, Portland Botanical Gardens must satisfy financial and other requirements established in the agreement within one year.  

See DEQ's PPA documents, response to comments and additional materials.​

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Since 2018, DEQ and EPA laid the groundwork to support future reuse of the property. This included compiling potential purchaser materials and identifying state and local interests related to the site. A property transaction of this site requires a Prospective Purchaser Agreement, or PPA, from DEQ.  A PPA is a legally binding agreement between DEQ and a prospective purchaser that limits the purchaser's liability for environmental cleanup of the property. In return for this liability release, the purchaser must provide a substantial public benefit. EPA is separately negotiating a federal PPA with Portland Botanical Gardens.​

Early, informed and robust Tribal engagement was a priority during DEQ's evaluation of the PPA application. DEQ invited Tribal representatives from the following Tribes to engage in this process:

• Confederated Tribes of the Grand Ronde
• Confederated Tribes of the Siletz Indians
• Confederated Tribes of the Warm Springs Reservation
• Confederated Tribes of the Umatilla Indian Reservation
• The Nez Perce Tribe
• Yakama Nation

DEQ hosted informational meetings for Tribal representatives early on in the agency's evaluation of the PPA application. During the 60-day formal comment period, DEQ held two exclusive meetings for Tribal representatives to discuss the draft PPA documents.  

The PPA includes a requirement that Portland Botanical Gardens must submit a Tribal engagement plan for DEQ's review and approval.​

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The PPA includes a requirement that Portland Botanical Gardens must submit a community engagement plan for DEQ's review and approval.

Formal comment period

DEQ held a 60-day formal com ment period from Dec. 1, 2025 – Jan. 30, 2026, inviting the public to share feedback and questions on the proposed PPA. This included three virtual public meetings. Attendees heard a presentation by DEQ on the proposed PPA and a presentation by Portland Botanical Gardens on their conceptual plan, followed by an opportunity to ask questions and share comments. 

• DEQ presentation slides​

• Portland Botanical Gardens presentation slides

• Recording of both presentations
  

DEQ received 68 comment submissions from community members, neighborhood associations, Tribal staff representatives, environmental consulting firms, environmental nonprofit organizations, local governments and state agencies. All comments were considered in DEQ's evaluation of the proposed PPA, and the information provided helped DEQ make improvements for the final version. See DEQ's response to comments.

Early and proactive community engagement

DEQ has been engaging with communities and environmental groups since receiving the PPA application in 2024 to share updates, answer questions and hear feedback on what they would like to see in a PPA and the property overall. This includes hosting community information meetings, participating in meetings that community groups and neighborhood associations host, collecting feedback through a community survey and keeping in touch with interested parties throughout the process.

These early conversations helped inform various conditions of the proposed PPA.

Previous Community Meetings

DEQ held a community meeting with Portland Botanical Gardens on Thursday, May 8, 2025 to share updates, answer questions and hear feedback. See the presentation slides and request a copy of the recording below.

• Presentation slides​
  

• P​ortland Botanical Gardens presentation slides​

• Presentation recording
  

DEQ held an informational meeting in February 2025 to representatives of community organizations that have previously expressed interest in reuse of the site. DEQ provided a background of the site's history and cleanup, an overview of the PPA process and Portland Botanical Gardens' application and an opportunity to ask questions and share input.

• Presentation slides​
  

• Presentation recording
  

McCormick & Baxter Creosoting Company operated between 1944 and 1991, treating wood products with creosote, pentachlorophenol and inorganic preservatives such as arsenic, copper, chromium and zinc. Process wastewaters were discharged directly to the Willamette River and in upland soils.  Three primary contaminant release areas occurred in the upland portion of the property, including the former waste disposal area, central processing area and tank farm area.  Significant concentrations of wood-treating chemicals were found in soil and groundwater at the site and in river sediments adjacent to the site.

DEQ initiated investigations in 1983 soon after federal and state cleanup laws were initiated in the early 1980s. McCormick & Baxter Creosoting Co. declared bankruptcy in 1991.  

DEQ declared the property as an “Orphan site" in 1992 due to the significant human health and environmental risk posed at the site. Orphan sites are properties contaminated by a release of hazardous substances that pose serious threats to human health or the environment and where the parties responsible for the contamination are unknown, unable or unwilling - to pay for needed cleanup actions.

DEQ then implemented interim removal measures including plant demolition, sludge and soil removals and extraction of creosote from the groundwater.

EPA listed the site on the National Priorities List, also known as Superfund, in June 1994 based on information collected by DEQ. EPA designated DEQ as the lead agency for implementing the cleanup while funding for remedial design and construction was provided by EPA. Throughout the 1990s and early 2000s, DEQ and EPA conducted preliminary studies and design work, including a feasibility study, cleanup plan called a ​Record of Decision and remedial design. The goal for the cleanup was to prevent human and ecological exposure to contamination at the site.​

Cleanup was completed in 2005, which included the removal of contaminated surface soil and installation of a groundwater barrier wall, an upland soil cap and in-water sediment cap in the Willamette River to safely isolate remaining contamination. 

In 2006, a celebration of the successful cleanup was held with the community and Tribes that included Governor Ted Kulongoski. Attendees planted native trees and shrubs on the upper portion of the capped riverbank.

Portland Botanical Gardens entered into a purchase and sale agreement with the current property owner in April 2024. DEQ received a PPA application from Portland Botanical Gardens to purchase and redevelop the property in May 2024. DEQ embarked on an early and proactive process with Tribes and communities since receiving the application to share updates, answer questions and hear feedback.

After negotiating a draft PPA with Portland Botanical Gardens, DEQ held a 60-day formal notice and comment period from Dec. 1, 2025 through Jan. 30, 2026, inviting Tribes and the public to submit comments for DEQ's formal consideration. This included meetings with Tribes and the public, as well as direct outreach to community organizations and residents, elected officials and government agencies.

DEQ approved the PPA and entered into the agreement with Portland Botanical Gardens on May 19, 2026.​

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The cleanup was completed in 2005 and is comprised of three elements to prevent exposure to contamination:

1. Groundwater Barrier Wall: An 18-acre barrier wall surrounds most of the contaminated groundwater on site, isolating and preventing it from migrating to the Willamette River. The barrier wall is comprised of sheet piles 80 feet underground adjacent to the Willamette River and a bentonite clay slurry wall on the landward side. Creosote removal activities occurred between 1989 and 2011, which recovered approximately 6,200 gallons from groundwater and was disposed offsite.
2. Soil Removal and Soil Cap: 33,000 tons of soil was removed and replaced by two feet of clean soil across the entire site. Areas with highly contaminated surface soils were removed to a depth of four feet. To prevent rainwater from entering the interior of the barrier wall isolating contaminated groundwater, a 16-acre engineered impermeable cap with a stormwater discharge system was placed above the barrier wall footprint. 
3. Sediment Cap: A 23-acre cap was constructed in the Willamette River to isolate contaminated sediments. The cap includes at least two feet of sand, with added organoclay or reactive core mats in certain areas to enhance protection. To protect the cap from erosion, it is covered with an armoring layer made of large rock and articulated concrete blocks. This also included re-grading the riverbank and adding two feet of topsoil to cap the shoreline.

Revegetation of the capped riverbank with native trees and shrubs took place in 2006 after the soil was stabilized with the native grasses.

Some administrative components of the cleanup remedy are still in progress. These include implementing institutional controls — such as recording environmental restrictions in property deeds and other official documents — which typically occur during changes in property ownership. EPA must also formally update the groundwater alternate concentration limits.

Operations and Maintenance

DEQ continues to maintain the site with annual sampling and general property maintenance. Annual reports, project documents and site information are available on Your DEQ Online and Oregon Records Management Solution.

EPA and DEQ perform a “Five-Year Review" every five years to determine whether the cleanup remedy is functioning properly to protect human health and the environment. The most recent Five-Year Review was completed in 2021 and determined that the remedy is functioning as intended. The next Five-Year Review is underway and will be published in 2026. ​​

Is the property safe to use?
Yes, the property is safe for people, animals and plants to be on and use. The cleanup project was completed in 2005, and DEQ and EPA continue long-term monitoring to ensure the cleanup remedy remains protective of human health and the environment.

Why did DEQ approve the Prospective Purchaser Agreement? 
DEQ determined that Portland Botanical Gardens' PPA application satisfies the requirements of Prospective Purchaser Agreements under Oregon's environmental cleanup law. The cleanup remedy will be monitored and maintained to ensure it remains protective of human health and the environment, and Portland Botanical Gardens will provide a substantial public benefit. 

What did DEQ's outreach entail? 
DEQ held an extensive Tribal and public outreach process since receiving the application for a Prospective Purchaser Agreement in 2024 to share updates, answer questions and collect feedback. This included: 

• A 60-day formal comment period for the proposed PPA that included three public meetings and separate meetings for Tribal representatives. 
• Early and proactive outreach to Tribes and the community including:
• Meetings with Tribal representatives. 
• Public information sessions to share updates, answer questions, and hear community input. 
• A community survey. 

How will DEQ ensure that the property remains safe to use?
DEQ will continue long-term operations and maintenance of the sediment cap and groundwater monitoring. Portland Botanical Gardens must follow all site restrictions, meet monitoring requirements and submit development plans to DEQ for review before any construction. If construction activities damage the remedy, Portland Botanical Gardens will be responsible for repairing it with DEQ oversight.

Portland Botanical Gardens is required to take over a portion of the onsite operations and maintenance including maintenance of the riparian area vegetation, site security and ensuring that the upland cap is not disturbed.

How will DEQ ensure plants don't penetrate the upland clean soil cap?
The PPA includes restrictions for garden activities, including submitting development plans for DEQ's review and approval before implementing them. Garden activities such as landscaping, maintenance, etc. are allowed within the top two feet of the upland soil cap. Portland Botanical Gardens may not perform any ground disturbing activities below two feet without DEQ approval.   

Once Portland Botanical Gardens purchases the property, it will have 90 days to prepare a Remedial Maintenance and Management Plan for DEQ review and approval. This plan will include details, conditions and obligations in the event plants, including their roots, extend below the clean soil cap.  

What is a Prospective Purchaser Agreement?
A Prospective Purchaser Agreement is a legally binding agreement between DEQ and a prospective purchaser or lessee of real property. It is a tool that expedites the cleanup of contaminated property and encourages property transactions that would otherwise not likely occur because of the liabilities associated with purchasing a contaminated site.

A PPA limits the purchaser's or lessee's liability to DEQ for environmental cleanup of the property. In return for this liability release, a PPA must provide the state with a substantial public benefit. A DEQ-issued PPA does not provide protection from liability a purchaser or lessee may have under federal law or from liability for any new contamination that may occur after the purchaser or lessee acquires the property.

What is a “substantial public benefit" and how does the Prospective Purchaser Agreement with Portland Botanical Gardens provide that?
The law provides the framework for DEQ's evaluations by listing examples of substantial public benefits, including:

• Generation of substantial funding or other resources for environmental cleanup at the property.
• Commitment to perform substantial environmental cleanup at the property.
• Productive reuse of an abandoned or vacant industrial or commercial facility.
• Development of the property by a governmental entity or nonprofit organization to address an important public purpose.

DEQ evaluates each proposed agreement individually, and there's a wide range of potential substantial public benefits. DEQ encourages prospective purchasers to be creative.

Portland Botanical Gardens proposes to provide a substantial public benefit by developing research and education focused botanical gardens on a portion of the property, a public green space along the waterfront which will include a new segment of the Willamette River Greenway trail, interpretive native plant gardens and an open gathering space. The PPA also requires Portland Botanical Gardens to take on site security and day-to-day operations and maintenance activities, which represents a significant portion of current state resources spent on the site.

Why has the property been vacant since the cleanup project was finished?
DEQ has been responsible for site security and operations and maintenance since the property became an “orphan site." McCormick & Baxter Creosoting Co.'s bankruptcy did not relinquish its ownership of the property. A purchase and sale agreement between the property owner and a prospective new owner – Portland Botanical Gardens in this case – was not signed until 2024. DEQ subsequently received a Prospective Purchaser Agreement application from Portland Botanical Gardens to facilitate the transfer of the property.

How come a new property owner needs to get a Prospective Purchaser Agreement?
A condition of McCormick & Baxter Creosoting Co.'s bankruptcy provided DEQ the authority to approve or deny a property transaction. DEQ is using its authority to require any new owner to obtain a Prospective Purchaser Agreement to ensure the cleanup remedy remains protective and to provide a substantial public benefit.

DEQ is requiring a Prospective Purchaser Agreement because of the significant public resources that were used to clean up the property after McCormick & Baxter Creosoting Co. declared bankruptcy and ceased operations. This resulted in there being no viable responsible party to pay for the necessary cleanup, so public resources were used to carry the cleanup project forward and maintain the cleanup remedy and overall property.

Will the state receive compensation to recoup the cleanup costs?
Yes. DEQ and EPA have agreed that total compensation will not exceed fair market value of the property, which was last appraised at $2.39 million. DEQ reached an agreement with Portland Botanical Gardens to recover 50% of the fair market value – which is $1.195 million – as partial reimbursement for past cleanup costs. EPA is negotiating a separate federal PPA with Portland Botanical Gardens.

The state PPA requires Portland Botanical Gardens to make a $1.195 million payment to DEQ upon taking ownership of the property. DEQ will release its lien on the property after receiving the payment.

Will the current property owner, who ran the McCormick & Baxter Creosoting Co., receive any compensation from the property transaction?
No. The current property owner will not receive compensation from the property transaction. The FAQ above has details about compensation to recover a portion of past cleanup costs.

Does Portland Botanical Gardens now own the property since the Prospective Purchaser Agreement was approved?
No. Portland Botanical Gardens has one year from the date the PPA was signed to raise enough funds to demonstrate financial ability to follow through on development plans. DEQ determined this figure is $3 million. If DEQ approves the property transaction, Portland Botanical Gardens must pay DEQ $1.195 million upon taking ownership to compensate for a portion of the cleanup costs.

Will Portland Botanical Gardens be able to sell the property after obtaining it? 
While the PPA does not prohibit Portland Botanical Gardens from selling the property, any purchasing entity would need to comply with the requirements of the PPA, including operating a botanical garden with a public green space, access to the river and connection to the Willamette River greenway trail. A new prospective purchaser could apply for a new PPA; however, DEQ has discretion to approve or deny any proposal and a new draft PPA would have to go through a public engagement process including a formal comment period. DEQ will ensure that any owner of this property will not compromise the cleanup remedy and will provide the substantial public benefit, which is required in a PPA. 

Has DEQ been in conversation with Tribes about future reuse of the property?
Yes. DEQ has engaged in discussions with representatives of Tribes interested in the future of the site. This includes formal consultation and informal discussions. DEQ's outreach since receiving Portland Botanical Gardens' PPA application included exclusive meetings with Tribal representatives to share updates, answer questions and hear their input for consideration.

Why are there concrete blocks along the beach? Will they stay?
DEQ cleanup staff are conducting studies to explore potential options about how this can be addressed, which are expected to be completed later in 2026. The studies include: 

• A pilot study to examine if placing larger cobble-sized river rock – about 4-10 inches in diameter – on top of the ACB could provide a more permanent cover. 

• A study to explore long-term options in this area that could be more people and habitat friendly. DEQ's evaluation will be documented in a report that will be shared with community members and groups interested in this topic. 
• This report will help DEQ better understand what might be feasible to address concerns raised by the community in case funding becomes available in the future. ​