2004 Np Esp Appeal

Puget Soundkeeper Alliance jointly move the Board for an Order determining that Seattle- Tacoma International Airport's NPDES Permit is invalid. Appellants respectfully request the Board to direct the Department of Ecology to reissue the permit consistent with all applicable requirements of state and federal law. WAC 371-08-540. APPELLANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT re: AKART- 1 Smith & Lowney, p.l.l.c. 2317 East John Street Seattle, Washington 98112 (206) 860-2883 OVERVIEW NPDES Permit No. WA 002465-1, issued September 4, 2003 (the "2003 Permit") is invalid and must be remanded because it does not require the Port of Seattle to implement AKART -- all known, available, and reasonable methods of preventing, controlling, and treating pollution. The NPDES Permit allows the Port to continue discharging essentially untreated industrial wastewater contaminated with biochemical oxygen demand (BOD)-inducing glycols into Puget Sound. The Permit allows these discharges to continue even though the Port identified and recommended an AKART Alternative providing biological treatment for all of its industrial wastewater. The Permit allows these discharges to continue even though they contain concentrations of BOD that are many times greater than the levels routinely achieved with biological treatment. In fact, the Permit allows these discharges to continue even though the Port is going to build an "AKART pipeline" to the King County sewage treatment plant to provide biological treatment for some of its industrial wastewater. Two of these points merit repeating: even though the Port recommended biological treatment as AKART for its industrial wastewater, and even though the Port…
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