2004 NPDES Psk T Brief

PSA will play a limited role in the hearing on the merits. The issues that PSA brings forward in this appeal are based generally on undisputed facts and stipulated exhibits. Based on these undisputed facts, the law supports reversal of the Port’s 2003 NPDES permit for Sea-Tac. In the 10 year since the 1994 NPDES permit was issued, Ecology has not required, and the Port has not implemented AKART at Sea-Tac. Moreover, despite knowing that the Port discharges significant amounts of BOD5 and toxic pollutants from its deicing and anti-icing activities, and that those discharges likely violate water quality standards, Ecology has not established enforceable effluent limitations for pollutants such as BOD5. Nor has Ecology required acute or chronic toxicity testing of IWTP discharges. Instead, Ecology has willfully and knowingly allowed the Port to continue its significant and unchecked discharges into Puget Sound. In 1998 Ecology determined that the “clock” on the State’s 10 year limitation for compliance schedules began running on June 30, 1994. Consequently, Ecology determined and publicly stated that Sea-Tac must comply with the Clean Water Act and Washington’s water quality standards by June 30, 2004. The October 2003 NPDES permit, however, impermissibly extends the State’s 10 year limitation to 13 years. Because the 2003 NPDES permit is inconsistent with both Washington law and the Clean Water Act, the permit is invalid. II. RELEVANT AND MATERIAL FACTS This case concerns NPDES Permit No. WA-002465-1 issued to the Port of Seattle on September 4, 2003 for discharges from…

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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 [...]