2004 402 Analysis

the Sea–Tac Airport’s Section 402 Water Pollution Permit by Rick Poulin The PCHB has just issued a 73-page ruling in ACC & CASE's challenge of Sea-Tac airport's 402 Permit, and in the most important respects, the ruling is a resounding victory. Not only did the Board rule in appellants' favor on the most significant issues, but the Board also rejected virtually all of the Port's appeal issues. The ruling is now posted on the Board's web page, and can be viewed at: http://www.eho.wa.gov/searchdocuments/2004 Archive/pchb 03-140 final.htm Or, go to http://www.eho.wa.gov/Decisions.asp and click on the link for the "final" decision in PCHB 03-140. A .pdf version is available in the RCAA on–line library. The issues ACC/CASE et al won: The Board reversed and remanded Ecology's AKART (All known, Available, & Reasonable Treatment options) determination. The ruling affirms that AKART is a technology-based standard, and that the permit must impose the most stringent limits determined under the technology or water quality-based approach. On remand, Ecology must make a formal determination of economic reasonableness. More important, the AKART determination cannot rely on the ability of the receiving water to dilute the Port's industrial wastewater. With respect to the IWTP (Industrial Wastewater Treatment Plant) discharges, the Board ruled that time's up for complying with water quality standards. As a result, "Ecology must, at a minimum, impose narrative requirements requiring use of all non-construction measures to achieve water quality criteria and impose interim effluent limitations (narrative and/or numeric)." Although the Board chastized Ecology for bungling…

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Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]